Agenda packet — Orange City Council, July 12, 2022 (part 3 of 3)

DLT CONFIDENTIAL
352
Price Quotation
Quote:
5083076
Reference:
1708444
Date:
06/28/2022
Expires:
07/28/2022
Contract Number: OPEN MARKET
DUNS #: 78-646-8199
Federal ID #: 54-1599882
CAGE Code: 0S0H9
FOB: Destination
Terms: Net 30 (On Approved Credit)
DLT accepts VISA/MC/AMEX
UNLESS CONTROLLED BY AN EXISTING RESELLER PARTNER AGREEMENT OR OTHER WRITTEN CONTRACTUAL AGREEMENT BETWEEN YOU AND DLT, THIS QUOTE AND ANY RESULTING AWARD OR ORDER IS SUBJECT TO THE TERMS AND CONDITIONS POSTED AT
HTTPS://WWW.DLT.COM/PRODUCTS/CLIENT-COMMERCIAL-LICENSES. THESE TERMS CONTROL THE TERMS OF SALES AS WELL AS THE END USER’S USE OF THE PRODUCTS AND/OR SERVICES INCLUDED IN THIS QUOTE. BUYER IS DIRECTED TO INCORPORATE (BY REFERENCE) THIS QUOTE IN ANY RESULTING AWARD OR ORDER. THE TERMS AND CONDITIONS AT THE ABOVE LINK ARE THE ONLY CONTROLLING TERMS THAT WILL APPLY TO A RESULTING ORDER AND THE USE OF THE PRODUCTS AND/OR SERVICES INCLUDED IN THIS QUOTE. ANY ADDITIONAL OR INCONSISTENT TERMS ON BUYER’S ORDER THAT IN ANY WAY, MODIFY, ALTER OR NEGATE THE TERMS OF SALE OR THE MANUFACTURER’S END USER LICENSE AGREEMENT WILL NOT BE BINDING ON DLT OR ITS MANUFACTURERS AND SHALL NOT APPLY UNLESS SPECIFICALLY AGREED TO IN WRITING BY DLT AND THE MANUFACTURER. NO RETURNS ARE AUTHORIZED OF THE PRODUCTS AND/OR SERVICES INCLUDED IN THIS QUOTE. THE PRODUCTS AND/OR SERVICES INCLUDED IN THIS QUOTE ARE NONRECOURSE, NONCANCELLABLE, AND NON-RETURNABLE UNLESS EXPLICITLY AGREED TO IN WRITING BY DLT.

PLEASE REMIT
PAYMENT TO:

ACH:

DLT Solutions, LLC
Bank of America
ABA # 111000012
Acct # 4451063799
-OR-
Mail:

DLT Solutions, LLC
P.O. Box 743359
Atlanta, GA 30374-3359
Customer orders subject to applicable sales tax.

Documentation to be submitted to validate Invoice for payment:
a.  Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names, days, and hours worked.
b.  Authorized reimbursable expenses shall be invoiced with a detailed expense report, documented by copies of supporting receipts.
c.  Authorized Education or Training shall be invoiced with a Report identifying date and name of class completed, and where applicable the name of attendees.

Price Quotation
Quote:
5083076
Reference:
1708444
Date:
06/28/2022
Expires:
07/28/2022

Page 2 of 2 ends

DLT CONFIDENTIAL
353
Agenda Item
City Council
Item #: 3.27. 7/12/2022 File #: 22-0418
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase and delivery of diesel fuel and gasoline from Southern Counties Oil Co., a California Limited Partnership dba SC Fuels.

2. SUMMARY
Purchase and delivery of diesel and gasoline fuel for the City fleet.

3. RECOMMENDED ACTION
Approve the purchase agreement with Southern Counties Oil Co. a California Limited Partnership dba SC Fuels, in the amount not to exceed $1,440,000 for the purchase and delivery of diesel and gasoline fuel using a cooperative purchasing agreement from the City of Westminster; and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $1,440,000 and will be funded through (710) Fleet Maintenance Fund.

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

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

6. DISCUSSION AND BACKGROUND
SC Fuels is offering a cooperative purchasing contract for the acquisition of diesel and gasoline fuel.

Utilizing a cooperative purchase agreement with the City of Westminster, who has similar fuel consumption to Orange, Westminster awarded SC Fuels the bid for renewable vehicle fuel at its regular council meeting on September 9, 2020. Pricing will be based on the Oilfield Publication Information Service (OPIS) which varies daily as fuel is a publicly-traded commodity. The annual average fuel consumption for the City is 250,000 gallons of diesel and gasoline. The average price is $4.80 per gallon.

The agreement is for 12 months starting July 1, 2022, with two one-year extension options expiring on June 30, 2025. The not-to-exceed amount of the contract will be $1,440,000 for Fiscal Year 2023, City of Orange Printed on 7/7/2022Page 1 of 2
powered by Legistar™
354
Item #: 3.27. 7/12/2022 File #: 22-0418
on June 30, 2025. The not-to-exceed amount of the contract will be $1,440,000 for Fiscal Year 2023, which includes a 20% contingency for future price escalation.

SC Fuels currently supplies diesel and gasoline fuel to the city, and staff has determined they can continue to meet the needs of the City. Staff will continue to monitor the cost to ensure the City is getting the best value available.

7. ATTACHMENTS
· Agreement tag on with the City of Westminster
· Westminster Award Letter to SC Fuels
City of Orange Printed on 7/7/2022Page 2 of 2
powered by Legistar™
355
Agenda Item
City Council
Item #: 3.27. 7/12/2022 File #: 22-0418
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase and delivery of diesel fuel and gasoline from Southern Counties Oil Co., a California Limited Partnership dba SC Fuels.

2. SUMMARY
Purchase and delivery of diesel and gasoline fuel for the City fleet.

4. FISCAL IMPACT
The total expenditure for this agreement is $1,440,000 and will be funded through (710) Fleet Maintenance Fund.

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

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

6. DISCUSSION AND BACKGROUND
SC Fuels is offering a cooperative purchasing contract for the acquisition of diesel and gasoline fuel.

The agreement is for 12 months starting July 1, 2022, with two one-year extension options expiring on June 30, 2025. The not-to-exceed amount of the contract will be $1,440,000 for Fiscal Year 2023, City of Orange Printed on 7/7/2022Page 1 of 2
powered by Legistar™
356
Item #: 3.27. 7/12/2022 File #: 22-0418
on June 30, 2025. The not-to-exceed amount of the contract will be $1,440,000 for Fiscal Year 2023, which includes a 20% contingency for future price escalation.

7. ATTACHMENTS
· Agreement tag on with the City of Westminster
· Westminster Award Letter to SC Fuels
City of Orange Printed on 7/7/2022Page 2 of 2
powered by Legistar™
357
358
359
Agenda Item
City Council
Item #: 3.28. 7/12/2022 File #: 22-0359
City of Orange Printed on 7/7/2022Page 1 of 1
powered by Legistar™
360
Agenda Item
City Council
Item #: 3.28. 7/12/2022 File #: 22-0359
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Request to close the Orange Public Library & History Center and the El Modena and Taft Branch Libraries for various dates during September 2022 - January 2023.

2. SUMMARY
Annually, the Orange Public Libraries are closed to the public to accommodate various events.

3. RECOMMENDED ACTION
Approve closure of the Orange Public Library facilities to the public as described in the Staff Report.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Fiscal Year 2022-2023 closure dates
· September 2 - 3 - The Orange International Street Fair takes place Labor Day weekend. The Orange Public Library & History Center (OPL & HC) closes at 2:30 p.m. on that Friday and all day on Saturday. As the Library parking lot is used for fundraising, it is not feasible to remain open. Both El Modena and Taft Branch Libraries will maintain their regular business hours during this time. Full-time staff scheduled to work Friday afternoon or Saturday will take vacation time or work at the open branches.
· November 23 - Every year, due to limited public use, the Orange Public Library facilities have closed at 6:00 p.m. on the Wednesday evening prior to the Thanksgiving Day holiday. · December 24 - January 2 - Orange Public Library facilities will close as part of the City’s annual holiday closure. These dates were outlined in Resolution No. 11199 and approved by City Council at the December 10, 2019 meeting.
· January 16 - Due to the Library’scommitment to the City’sgoal to provide outstanding public service, the Library conducts Staff Development Day, a day for staff to work together on goals, City of Orange Printed on 7/7/2022Page 1 of 2
powered by Legistar™
361
Item #: 3.28. 7/12/2022 File #: 22-0359
service, the Library conducts Staff Development Day, a day for staff to work together on goals, objectives, and training. The cost is covered by funds donated from library support groups.

This will be the Library’s seventh Staff Development Day in the past thirteen years. Staff Development Day was originally scheduled for January 17, 2022 but was cancelled due to pandemic-related mandates and restrictions. Monday, January 16 has been selected since it is one of the least busy days of the year as it is a federal and local school holiday in honor of the birthday of Martin Luther King, Jr. Staff Development Day will be held from 8:00 a.m. - 5:00 p.m. at the El Modena Branch Library. Attendance will be mandatory.

Notification of these closures will be communicated as usual through library signage, social media, and online calendars and announcements.

7. ATTACHMENTS
None
City of Orange Printed on 7/7/2022Page 2 of 2
powered by Legistar™
362
Agenda Item
City Council
Item #: 3.29. 7/12/2022 File #: 22-0426
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Establishing the day and time for Investment and Audit Committee meetings. Resolution No.11409.

2. SUMMARY
With the recent creation of the Investment and Audit Committee, the City Council must set the day and time that the committee will meet. Adoption of this Resolution will set a quarterly meeting schedule for the committee, commencing later this month.

3. RECOMMENDED ACTION
Adopt Resolution No. 11409. A Resolution of the City Council of the City of Orange setting the day and time of meetings of the Investment and Audit Committee.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
In April 2022, City Council approved the creation of the Investment and Audit Committee, which merged the functions of the former Investment Advisory and Audit committees. City Council action is required to set the day and time of the new Committee. Staff proposes to have the Committee meet quarterly on the fourth Wednesday of the month at 3:00 PM. Meetings will take place in January, April, July, and October. Among other duties, this schedule will allow the Committee to review investment reports from the previous quarter in a timely fashion in order to meet the requirements of the Government Code.

7. ATTACHMENTS
· Resolution No. 11409
City of Orange Printed on 7/7/2022Page 1 of 1
powered by Legistar™
363
Agenda Item
City Council
Item #: 3.29. 7/12/2022 File #: 22-0426
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Establishing the day and time for Investment and Audit Committee meetings. Resolution No.11409.

3. RECOMMENDED ACTION
Adopt Resolution No. 11409. A Resolution of the City Council of the City of Orange setting the day and time of meetings of the Investment and Audit Committee.

4. FISCAL IMPACT
None.

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

7. ATTACHMENTS
· Resolution No. 11409
City of Orange Printed on 7/7/2022Page 1 of 1
powered by Legistar™
364
RESOLUTION NO. 11409

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE SETTING THE DAY

AND TIME OF MEETINGS OF THE

INVESTMENT AND AUDIT COMMITTEE
WHEREAS, the City Council desires to set the day and time for the regular meetings of the Investment and Audit Committee.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:

Section 1. The City Council hereby rescinds any prior Resolution establishing the day and time of meetings of the Investment and Audit Committee or any precursor thereto.

Section 2. The Investment and Audit Committee shall meet in regular session on the fourth Wednesday of January, April, July, and October and shall convene at the hour of 3:00 p.m., except when such meeting date is a legal holiday observed by the City. If any regular meeting date should fall on a holiday, the meeting will be held on the following Thursday at the hour of 3:00 p.m. A special meeting may be called by the chair or a majority of the members of the Investment and Audit Committee.

Section 3. Be it further resolved that this Resolution shall become operative immediately.

ADOPTED this ____ day of ____________________, 2022
Mark A. Murphy, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
365
2 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
366
Agenda Item
City Council
Item #: 4.1. 7/12/2022 File #: 22-0429

1. SUBJECT
Designation of voting delegate and alternate(s) for the 2022 League of California Cities (Cal Cities) Annual Conference & Expo.

2. SUMMARY
Cal Cities requires that each city designate, by Council action, a representative and up to two alternates for the Business Meeting held during the Annual League Conference scheduled for September 7-9, 2022.

3. RECOMMENDED ACTION
Designate a voting member and at least one alternate to attend the Friday, September 9, 2022, League of California Cities Annual Business Meeting.

4. FISCAL IMPACT
The voting delegate is required to register and attend the Cal Cities Conference. The City will incur any expenses necessary for registration to enable the delegate to attend and participate at the Annual Business Meeting on Friday, September 9.

5. DISCUSSION AND BACKGROUND
The League of California Cities is one of the primary lobbying organizations for municipalities at the State level. Cal Cities advocates a number of key policy decisions in order to support cities and represent municipal interests to the Assembly and Governor. In order to ensure the views of the City of Orange are represented to the League in formulating policies, the City must designate a delegate to represent the City at the League Conference and the Annual Business Meeting.

The League’s 2022 Annual Conference & Expo is scheduled for September 7-9, 2022, in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

The City of Orange must designate a voting delegate to represent the City at the Annual Business Meeting. The City may also appoint at least one alternate voting delegate. One of these delegates may represent the City in the event that the designated voting delegate is unable to attend the conference.

The designation of a voting delegate and alternates must be completed by City Council action. The Voting Delegate/Alternate Form must be submitted to Cal Cities no later than September 2, 2022.

The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only City of Orange Printed on 7/7/2022Page 1 of 2
powered by Legistar™
367
Item #: 4.1. 7/12/2022 File #: 22-0429

6. ATTACHMENTS
· Annual Conference Voting Procedures
City of Orange Printed on 7/7/2022Page 2 of 2
powered by Legistar™
368
Agenda Item
City Council
Item #: 4.1. 7/12/2022 File #: 22-0429

1. SUBJECT
Designation of voting delegate and alternate(s) for the 2022 League of California Cities (Cal Cities) Annual Conference & Expo.

3. RECOMMENDED ACTION
Designate a voting member and at least one alternate to attend the Friday, September 9, 2022, League of California Cities Annual Business Meeting.

The designation of a voting delegate and alternates must be completed by City Council action. The Voting Delegate/Alternate Form must be submitted to Cal Cities no later than September 2, 2022.

6. ATTACHMENTS
· Annual Conference Voting Procedures
City of Orange Printed on 7/7/2022Page 2 of 2
powered by Legistar™
370
371
372
373
374
Agenda Item
City Council
Item #: 6.1. 7/12/2022 File #: 22-0409

1. SUBJECT
Appointment(s) to Investment and Audit Committee.

2. SUMMARY
With the adoption of Resolution No. 11387 at the April 12, 2022, City Council meeting, the City’s Investment Advisory Committee and Audit Committee were merged into one new committee entitled the Investment and Audit Committee. Resolution No. 11387 also established the Committee’s qualifications for appointment including the number of representatives and terms. The Investment and Audit Committee consists of five members: the City Treasurer and four citizen representatives.

Terms are two years. For the initial committee, two of the four citizen representatives shall be appointed to a one-year term, then two years thereafter. Existing members of the Investment Advisory Committee and Audit Committee applied for the newly created committee, and Mayor Murphy is recommending their appointment.

3. RECOMMENDED ACTION
Confirm Mayor Murphy’srecommendation to appoint Larry Sallinger to a two-year term ending June 30, 2024; Mark Mittmann to a two-year term ending June 30, 2024; and Jordan Prell to a one-year term ending June 30, 2023.

4. ATTACHMENTS
· Resolution No. 11387
City of Orange Printed on 7/7/2022Page 1 of 1
powered by Legistar™
375
Agenda Item
City Council
Item #: 6.1. 7/12/2022 File #: 22-0409

1. SUBJECT
Appointment(s) to Investment and Audit Committee.

4. ATTACHMENTS
· Resolution No. 11387
City of Orange Printed on 7/7/2022Page 1 of 1
powered by Legistar™
376
RESOLUTION NO. 11387

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ELIMINATING THE

AUDIT COMMITTEE AND THE INVESTMENT

ADVISORY COMMITTEE, ESTABLISHING A

NEW INVESTMENT AND AUDIT COMMITTEE,
REPEALING RESOLUTION NOS. 10166 AND
11356, AND STATING QUALIFICATIONS FOR

APPOINTMENT TO ALL CITY COUNCIL
CREATED COMMITTEES.

WHEREAS, the City Council of the City of Orangecreatesboards, commissions, and committees to assistin the carrying out of the City' s businessandto further the public interest; and
WHEREAS, on September 14, 2021 by Resolution No. 11356, the City Council established criteria for such boards, commissions, and committees; and WHEREAS, the City Council establishedthe Audit Committee andthe Investment Advisory Committee in July 1997to provide advice andrecommendationsandto assistthe City Council in discharging its responsibility for the overall stewardship of the City' s financial affairs including review of City investments; and WHEREAS, despite efforts by the City to find qualified candidates, the Audit Committee and the Investment Advisory Committee currently have vacanciesthat remain unfilled and, in somecases, areunable to establish a quorum; and WHEREAS, the purposes of the existing Audit Committee and Investment Advisory Committee arevital to the proper oversight of the City' s financial affairs; and WHEREAS, the City Council hasdeterminedthat combining the functions of these two Committees into one, named the Investment and Audit Committee, will ensure that the purposes of each Committee are carried out in an effective manner by a full Committee of qualified members; and
WHEREAS, the City Council desiresto revise andupdatethe membership criteria for citizen appointment to such boards, commissions, and committees to reflect the elimination of the Audit Committee andthe Investment Advisory Committee and creation of the Investment and Audit Committee.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:

1. That Resolution Nos. 10166 and 11356 are hereby repealed in their entirety. 377

2. That the Audit Committee and the Investment Advisory Committee of the City of Orange arehereby eliminated in their entirety.

3. That the Investment and Audit Committee of the City of Orange is hereby created as set forth in Exhibit A.

4. That in order to be considered for appointment to specified City Council created boards, commissions, or committees, a citizen must fulfill the applicable qualifications set forth in attachedExhibit A and, pursuant to Orange Municipal Code Section 2.55.020, must meetthesequalifications at all times while serving as a member of such board, commission, or committee.

ADOPTED this 12th day of April 2022.
14/1A ‘. N ,
11Mark A. Murphy, Mayor, City • • ange
ATTEST:
4 zacti rw
Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly andregularly adoptedby the City Council of the City of Orange at a regular meeting thereof held on the 12th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
1/1A4,e6C.06teM,LA-- --
Pamela Coleman, City Clerk, City of Orange
378

EXHIBIT A

QUALIFICATIONS FOR CITY COUNCIL CREATED COMMITTEES
I. Community Development Block Grant Program Committee Number: The Committee shall consist of five members
Qualifications: Members shall have their primary residence in the City.

Members should show an interest in and knowledge of housing and community development issues, especially as they relate to affordable housing andpublic service for residentsof low and moderate income.

Purpose: To provide a public engagement process in the allocation of CDBG funds asrequired by 24 C.F.R. Part 91.105
Duties: Duties are set forth in the CDBG Program Policies and Procedures Manual maintained by the City.

Compensation: None.

2. Design Review Committee
Number: The Committee shall consist of five members.

Qualifications: Members shall have their primary residence or primary place of employment in the City. Members shall be qualified to analyze and interpret architectural and site planning information, including, but not limited to, licensed landscape architects, architects, urban planners, engineersandlicensed generalcontractors.At leasttwo membersshall have professional experiencein urban planning, architectural history or historic preservation and possessa general knowledge of architecture in the Old Towne Historic District.

Purpose: As set forth in Section 17. 08. 020. D of the Orange Municipal Code.

Duties: Duties are set forth in Section 17. 08. 020. D of the Orange Municipal Code.

Compensation: As determined by Resolution of the City Council.

3. Investment and Audit Committee
Number: The Committee shall consist of five members: the City Treasurer and four citizen representatives.

Term: Two years with staggered terms. For the initial Committee, two of the four citizen representativesshall be appointed to a one-year term, then henceforth thosetwo seatsshall be appointed every two years.

Qualifications: The qualifications of the applicants for the citizen representativeswill bereviewed by the City Manager, the Finance Director, andan outside expert in finance, investments,or auditing. Those candidates passing the qualification review process will be presented to the Mayor.

These citizen Committee members shall then be appointed by the City Council in accordancewith proceduresestablishedfor appointing members of the City' s commissions, boards, and committees. The citizen representatives must reside or be permanently employed in the City of 379
Orange. In addition, they must meet at least one of the following criteria:
a) have the designation of Certified Public Accountant ( CPA) or other business- related experience; and/ or ( b) have substantial education and demonstratedmanagerial experience [of no less than five years] in one or more of the following areas: investment banking, investment brokerageand sales, investment management, financial management and planning, or commercial banking. The City Council shall endeavorto ensurethat there is at least one citizen representativethat meetsthe qualifications of criteria a) above, and one citizen representative that meets the qualifications of criteria ( b) above. No member of the Committee shall be financially interested in any contract, or otherwise conduct any business with any member of the City Council, the City Manager, the Finance Director, the City Treasurer, or the City or any of its agencies, either on an individual basisor as a partner, major shareholder, member, or employee of anyfirm.

Purpose:Theprimarypurposeof theCommitteeisto assisttheCity Council in discharging its responsibility for the overall stewardship of the City' s financial affairs, including determining that the City' s investments are consistentwith the City' s investment policy' s principal objectives of safety first, liquidity second, and total rate of return third.

Duties: The Investment and Audit Committee reports to and acts as an advisory body to the City Council, and is to augment management's accountability to the City Council. The Committee shall act solely as an advisorybodyandshallnot exercisedecision-makingauthority,nor shallit be involved in day-to-day financial and accounting operations of the City.

The Committee shall not make, or direct City staff to make, any particular investment, purchase any particular investment products, or do business with any particular investment companies, brokers, or advisors.

Its duties shall consist of the following:
o Select the independent financial auditor for the financial statement audit;
o Monitor the progressand evaluatethe results of the financial statement audit;
o Ensurethe prompt and effective remedy of any control weaknesses and legal compliance violations identified in the course of the financial statement audit;
o Serveasa direct communications link betweenthe City Council and the independent auditor;
o Monitor the adequacyof the City' s internal control structure on an ongoingbasis, suchascashdisbursements, cashreceipting,treasury transactions, etc., asexaminedby the internal audit function and the independent financial auditor;
o Review results of contract compliance audits and financial statement reviews conductedby the City's internal audit function, such as trash contracts, internal controls, and revenue audits; o Review results of compliance audits and reviews conducted by outside agencies, such as Department of Transportation grants, M2 380
funds for the Senior Mobility program and the Ground Emergency Medical Transport( GEMT) supplementalreimbursement program; o Review the City' s InvestmentPolicy annually and recommend revisions as necessary;
o Review the Treasurer's Report as defined by the Stateof California Government Code Section 53646 to ensure conformance with the City' s Statementof InvestmentPolicy andreview relatedfactors such as risk, diversification, and maturity;
o Provide advice regarding potential investment, potential investment strategies, and suitability of pools such as the Local Agency Investment Fund ( LAIF);
o Provide written recommendationsto the City Council;
o Maintain minutes of the Committee proceedings and report to the City Council quarterly.

Compensation: None.

Meetings: The Committee will meet at least once each quarter and shall hold other meetings on an as needed basis. Meetings will be conducted in compliance with the Brown Act. Meeting days and times shall be establishedby separateResolution of the City Council.

4. Park Planning and Community Events Commission
Number: The Commission shall consist of seven members.

Qualifications: Members shall have their primary residence in the City.

Committee membersshall haveknowledge of sportscomplexesand/or park development, and knowledge of City- sponsoredevents.

Duties: Duties are set forth in Chapter 2. 60 of the Orange Municipal Code.

Compensation: None.

5. Planning Commission
Number: The Commission shall consist of five members.

Qualifications: Members shall have their primary residence in the City.

Members shall have generalknowledge of land use and development.

Purpose: As set forth in Section 17. 08. 020. B
Duties: Duties are set forth in Section 17. 08. 020 of the Orange Municipal Code.

Compensation: As determinedby Resolution of the City Council.

6. Traffic Commission
Number: The Commission shall consist of five members.

Qualifications: The Commission members shall have their primary residence in the City. One member shall be submitted to the Mayor for appointment by the OrangeUnified School District. The Chief of Police or designee and the City Traffic Engineer or designee, shall be non-voting members of the Commission.

Duties: Duties are set forth in Chapter 10. 06 of the Orange Municipal Code.

Compensation: None.
381
Agenda Item
City Council
Item #: 7.1. 7/12/2022 File #: 22-0421
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Request for permit parking on sections of Palm Avenue, Park Lane (continued from May 10, 2022), and Wayfield Circle. Resolution No. 11412.

NOTE: STAFF IS REQUESTING TO CONTINUE THIS ITEM TO A DATE UNCERTAIN.

2. SUMMARY
Based on City Council direction, petition letters were sent to property owners in the neighborhood shown on the attached Area Map. The aforementioned streets met the minimum support levels needed to implement permit parking. If approved, said streets would comprise Permit Parking Area “Z”.

3. RECOMMENDED ACTION

1. Approve permit parking for both sides of Palm Avenue from Wayfield Street to Park Lane; both sides of Park Lane between Palm Avenue and Dana Place; and both sides of Wayfield Circle south of Palm Avenue.

2. Adopt Resolution No. 11412. A Resolution of the City Council of the City of Orange rescinding Resolution 11385 and adopting a revised master resolution of permit parking areas within the City of Orange.

4. FISCAL IMPACT
The total expenditure for the project is $1,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement Measure M2 (263).

5. STRATEGIC PLAN GOALS
Goal1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
At its January regular meeting, City Council approved permit parking Area “W”and, based on concerns over potentially shifting the parking intrusion to adjacent areas, directed staff to send petition letters to a nearby neighborhood and determine the level of support for permit parking there.

The petition area is shown in the attached Area Map, and generally bounded by Wayfield Street, Palm Avenue, Highland Street, and Mt. Vernon Avenue.

The City Council also directed staff to return with a report, if and when said neighborhood or portions City of Orange Printed on 7/9/2022Page 1 of 3
powered by Legistar™
382
Item #: 7.1. 7/12/2022 File #: 22-0421
The City Council also directed staff to return with a report, if and when said neighborhood or portions thereof satisfied the minimum required 75 percent support. Petition letters were sent to the to the neighborhood five times in order to maximize public participation:

After three petitions had been sent, two streets in the neighborhood had met the support threshold and, accordingly, an item was included on the May 10, 2022, City Council agenda to recommend permit parking for:

1. Both sides of Palm Avenue from Wayfield Street to Park Lane and

2. Both sides of Park Lane from Palm Avenue to Dana Place.

Prior to the meeting, a number of comments and concerns were received by staff and included in a “hot file” for the Council’sinformation. Moreover, a number of residents attended the May meeting and were prepared to speak on the item before it was continued for unrelated reasons. Subsequently, and in response to many of the residents’expressed concerns, two more petition letters were sent out, providing additional clarity of the process and procedures. A total of five petition letters were sent out, the cumulative results of which are provided below:
· Wayfield Street between Palm and Walnut Avenues; 70% support · Wayfield Circle south of Palm Avenue; 100%
· 200 N. Block of Park Lane; 89%
· 300 N. Block of Park Lane: 56%
· Highland Street between south terminus and Sycamore Avenue; 25% · Mount Vernon Avenue between Wayfield Street and Le May Court; 67% · Martha Avenue east of Park Lane; 50%
· Sycamore Avenue between Wayfield and Highland Streets 50% · Palm Avenue between Wayfield Street and Park Lane; 100% Because the neighborhood as a whole received only 60% support (71 of 119 Homes) for permit parking, staff does not recommend implementation of permit parking across the entire area.

However, three street segments contained within (the two continued from the May meeting and one additional) did individually meet or exceed the 75% percent threshold and, as such, we are recommending implementation of permit parking for these segments:

1. Both sides of Palm Avenue from Wayfield Street to Park Lane

2. Both sides of Park Lane from Palm Avenue to Dana Place; and

3. Wayfield Circle south of Palm Avenue.

Lastly, it is important to note that while a parking occupancy (utilization) study was not conducted in this case, available data indicate that the three streets being recommended for permit parking have been historically heavily parked and situated in proximity to high-density multi-family and commercial uses. Therefore, implementing permit parking would serve to effectively mitigate external parking intrusion on residential streets and, in doing so, meet the intent of the city’sadopted Neighborhood City of Orange Printed on 7/9/2022Page 2 of 3
powered by Legistar™
383
Item #: 7.1. 7/12/2022 File #: 22-0421
Permit Parking Program.

Summary
Based on the above, staff recommends approving permit parking on the three street segments described herein.

Residents within potential impact areas were notified of this agenda item.

If approved for implementation, the Orange Police Department will issue the permits for eligible households. While participation in the permit parking program is voluntary, any vehicle parked on the street without a permit would be subject to citation.

7. ATTACHMENTS
· Resolution No. 11412
· Area Map
· Notification Letter
· City of Orange Neighborhood Permit Parking Policy
· Resident Input and Concerns
City of Orange Printed on 7/9/2022Page 3 of 3
powered by Legistar™
384
Agenda Item
City Council
Item #: 7.1. 7/12/2022 File #: 22-0421
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Request for permit parking on sections of Palm Avenue, Park Lane (continued from May 10, 2022), and Wayfield Circle. Resolution No. 11412.

NOTE: STAFF IS REQUESTING TO CONTINUE THIS ITEM TO A DATE UNCERTAIN.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for the project is $1,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement Measure M2 (263).

5. STRATEGIC PLAN GOALS
Goal1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.

The petition area is shown in the attached Area Map, and generally bounded by Wayfield Street, Palm Avenue, Highland Street, and Mt. Vernon Avenue.

The City Council also directed staff to return with a report, if and when said neighborhood or portions City of Orange Printed on 7/9/2022Page 1 of 3
powered by Legistar™
385
Item #: 7.1. 7/12/2022 File #: 22-0421
The City Council also directed staff to return with a report, if and when said neighborhood or portions thereof satisfied the minimum required 75 percent support. Petition letters were sent to the to the neighborhood five times in order to maximize public participation:

1. Both sides of Palm Avenue from Wayfield Street to Park Lane and

2. Both sides of Park Lane from Palm Avenue to Dana Place.

1. Both sides of Palm Avenue from Wayfield Street to Park Lane

2. Both sides of Park Lane from Palm Avenue to Dana Place; and

3. Wayfield Circle south of Palm Avenue.

Lastly, it is important to note that while a parking occupancy (utilization) study was not conducted in this case, available data indicate that the three streets being recommended for permit parking have been historically heavily parked and situated in proximity to high-density multi-family and commercial uses. Therefore, implementing permit parking would serve to effectively mitigate external parking intrusion on residential streets and, in doing so, meet the intent of the city’sadopted Neighborhood City of Orange Printed on 7/9/2022Page 2 of 3
powered by Legistar™
386
Item #: 7.1. 7/12/2022 File #: 22-0421
Permit Parking Program.

Summary
Based on the above, staff recommends approving permit parking on the three street segments described herein.

Residents within potential impact areas were notified of this agenda item.

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RESCINDING RESOLUTION NO.
11385 AND ADOPTING A REVISED MASTER

RESOLUTION OF PERMIT PARKING AREAS
WITHIN THE CITY OF ORANGE.

WHEREAS, Chapter 10.30 of the Orange Municipal Code authorizes the City Council of the City of Orange to add or remove designated areas to the Neighborhood Permit Parking Program by resolution; and

WHEREAS, the creation of a master resolution which contains all the permit parking areas will compile all areas into a single document and eliminate the need to revise the Orange Municipal Code every time an area is added or deleted from the Neighborhood Permit Parking Program.

WHEREAS, the rescission of Resolution No. 11385 is necessary to add Parking Permit Area “Z” to the Master Resolution of Permit Parking Areas within the City of Orange; and

NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Orange does resolve as follows:

SECTION I:

That Res olution No. 11 385, adopted June 14, 2022 , is hereby rescinded, effective immediately upon the date of the adoption of Resolution No. 11412.

SECTION II:

That the following streets be added to new permit parking program Area “Z:”

Both sides of Park Lane from Palm Avenue to Dana Place
Both sides of Palm Avenue from Wayfield Street to Park Lane Wayfield Circle south of Palm Avenue

SECTION III:

That the Master Resolution of Permit Parking Area for the Neighborhood Permit Parking program attached hereto as Exhibit “A” is hereby adopted.

388
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

389

Exhibit A

Page 1 of 6 ends

EXHIBIT A

The following areas are all areas that have been approved by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Par king Program shall be made by amending this Master Resolution.

CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”

1. West side of Cambridge St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.

2. Both sides of Center St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.

3. East side of Center St. from Palm Ave. to Walnut Ave.

4. Both sides of Cleveland St. from Chapman Ave. to Sycamore Ave. adjacent to residential land uses.

5. East side of Cypress St. from Palm Ave. to 637 feet north of Walnut Ave.

6. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.

7. Both sides of Everett Pl. from Shaffer St. to Glassell St.

8. Both sides of Glassell St. from Walnut Ave. to Rose Ave.

9. Both sides of Glassell St. from Lomita Ave. to Walnut Ave.

10. East side of Grand St. from Chapman Ave. to Maple Ave. adjacent to residential land uses.

11. Both sides of Grand St. from Maple Ave. to Palm Ave.

12. Both sides of Grand St. from Everett Pl. to Walnut Ave.

13. Both sides of Grand St. from Everett Pl. to Lomita Ave.

14. Both sides of Harwood St. from 146 feet north of Chapman Ave. to the northern terminus of Harwood St.

15. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.

16. East side of Lemon St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.

17. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.

18. West side of Lemon St. from Walnut Ave. to 644 feet north of Walnut Ave.

19. Both sides of Lomita Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.

20. Both sides of Maple Ave. from Cambridge to Cypress St. adjacent to residential land uses.

21. Both sides of Mayfair Ave. from Shaffer St. to Lemon St.

22. Both sides of Olive St. from Chapman Ave. to the northern terminus of Olive St. adjacent to residential land uses.

23. Both sides of Olive St. from Sycamore Ave. to Rose Ave.

24. Both sides of Orange St. from Maple Ave. and Palm Ave.

25. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.

26. Both sides of Orange St. from Lomita Ave. to the southern terminus of Orange St.

27. Both sides of Palm Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.

28. Both sides of Rose Ave. from Glassell St. to Orange St.

29. Both sides of Shaffer St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.

30. Both sides of Sycamore Ave. from Cambridge St. to Center St. adjacent to residential land uses.

31. North side of Sycamore Ave. at 145 W. Sycamore Ave. adjacent to residential land uses. 390

Exhibit A

Page 2 of 6 ends

32. Both sides of Walnut Ave. from Cambridge St. to Cypress St. adjacent to residential land uses.

33. Both sides of N. Shaffer St. between Chapman Ave. and Walnut Ave.

34. Both sides of E. Maple Ave. between Shaffer St. and Cleveland Ave.

35. Both sides of E. Mayfair Ave. between Shaffer St. and Grand St.

AREA “B”

1. Both sides of Adams Ave. from Glassell St. to Grand St.

2. Both sides of Hoover Ave. from Glassell St. to Grand St.

3. Both sides of Quincy Ave. from Glassell St. to Grand St.

4. Both sides of Wilson Ave. from Glassell St. to Grand St.

AREA “C”

1. Both sides of Compton Ave. from Manchester Ave. to Lewis St.

2. East side of Lewis St. from the northerly property line at 4035 Compton Ave. to the southern property line of 119 N. Lewis St.

3. West side of Manchester Ave. from Sheringham Ave. to Compton Ave.

4. North side of Sheringham Ave. from Manchester Ave. to Windgap Dr.

5. South sides of Sheringham Ave. from Woodridge Cr. to Windgap Dr.

6. Both sides of Sunningdale Cr. from Compton Ave. south to include the cul-de-sac.

7. Both sides of Windgap Dr. from Compton Ave. south to include the cul-de-sac.

8. West side of Woodridge Cr. from Sheringham Ave. south to include the cul-de-sac.

9. East side of Woodridge Cr. from the northerly property line of 119 N. Woodridge Cr. south to include the cul-de-sac.

AREA “D”

1. Both sides of Dunas St. from Maple Ave. north to include the cul-de-sac.

2. Both sides of Maple Ave. from Prospect St. to Olympia Way.

3. Both sides of Olympia Way from Maple Ave. to Spring St.

4. Both sides of Shasta St. from Maple Ave. north to include the cul-de-sac.

5. Both sides of Vine Ave. from Olympia Way to its western terminus.

6. Both sides of First St. from Chapman Ave. north to include the cul-de-sac.

7. Both sides of Pearl Ave. from First St. to McPherson Rd.

8. East side of McPherson Rd. from 131 to 133 N. McPherson Rd.

AREA “E”

1. West side of Elm St. south of Sycamore Ave. to include the cul-de-sac.

AREA “F”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.

1. Both sides of Almond Ave. from Prospect St. to Violet Ln.

2. Both sides of Kathleen St. from Chapman Ave. to Palmyra Ave.

3. Both sides of Palmyra Ave. from Craig Dr. to Prospect St.

4. East side of Prospect St. from Almond Ave. to Palmyra Ave.

5. Both sides of Violet Ln. from Almond Ave. to Palmyra Ave. 391

Exhibit A

Page 3 of 6 ends

AREA “G”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.

1. Both sides of Euclid Ave. from James St. to Seranado St.

2. Both sides of James St. from Sycamore Ave. to Euclid Ave.

3. Both sides of Palm Ave. from Swidler St. to Seranado St.

4. Both sides of Sycamore Ave. from Swidler St. to Seranado St.

5. Both sides of Seranado St. from Spring St. to Walnut Ave.

6. Both sides of Silverleaf Ave. from Thomas St. to Seranado St.

7. Both sides of Spring St. from Swidler St. to Seranado St.

8. Both sides of Swidler St. from Spring St. to Walnut Ave.

9. Both sides of Thomas St. from Sycamore Ave. to Silverleaf Ave.

10. Both sides of Walnut Ave. from Swidler St. to Seranado St.

AREA “H”

1. Both sides of Shaffer St. beginning 390 feet north of Katella Ave. and ending at Trenton Ave. (R-1 zoned single-family residences only.)

AREA “I”

1. Both sides of Almond Ave. from Prospect St. to Dunas St.

2. Both sides of Century Ave. from James St. to Thomas St.

3. Both sides of Craig Dr. 100 feet south of Roberta Dr. to Prospect St.

4. Both sides of Dunas St. from Palmyra Ave. to Almond Ave.

5. Both sides of James St. from Century Dr. to LaVeta Ave.

6. North side of LaVeta Ave. from Prospect St. to Dunas St.

7. Both sides of Merelet Ln. from Craig Dr. to include the cul-de-sac.

8. Both sides of Olympia Way from Palmyra Ave. to Almond Ave.

9. North side of Palmyra Ave. from Prospect St. to Thomas St.

10. Both sides of Ruth Pl. easterly of James St.

11. Both sides of Ruth Pl. from Prospect St. to Olympia Way.

12. Both sides of Shasta St. from Palmyra Ave. to Almond Ave.

13. Both sides of Thomas St. from Century Dr. to Palmyra Ave.

AREA “J”

1. Both sides of Binnacle Ave. from Jetty Dr. to its easterly terminus.

2. North side of Chapman Ave. from Jetty Dr. to 4537 W. Chapman Ave.

3. North side of Chapman Ave. frontage road from Jetty Dr. to cul-de-sac.

4. Both sides of Grant Pl. from Chapman Ave. northerly to include the cul-de-sac.

5. Both sides of Jetty Dr. from Chapman Ave. to Sirius Ave.

6. West side of Lewis St. from Sirius Ave. to Simmons Ave.

7. South side of Simmons Ave. from Lewis St. to Spinnaker St.

8. Both sides of Sirius Ave. from Lewis St. to Jetty Dr.

9. Both sides of Spinnaker St. from Binnacle Ave. to Simmons Ave.

10. Both sides of Stay Court easterly of Jetty Dr.
392

Exhibit A

Page 4 of 6 ends

11. Both sides of Tiller Ave. from Lewis St. to Spinnaker St.

AREA “K”

1. Both sides of the 2700 block of E. Bennett Ave.

2. Both sides of the 2700 block of E. Killingsworth Ave.

3. Both sides of the 100-200 blocks of N. Malena Dr.

4. Both sides of the 2700 block of E. Sherman Ave.

5. Both sides of the 100-200 blocks of N. Wheeler St.

AREA “L”

1. Both sides of Jacaranda Ave. from Morgan St. to Mallard St.

2. Both sides of Juniper Ave. from Morgan St. to Mallard St.

3. Both sides of Mallard St. from Collins Ave. northerly to 985 N. Mallard St.

4. Both sides of Morgan St. from Collins Ave. northerly to 986 N. Morgan St.

AREA “M”

1. Both sides of Citrus St. from Almond Ave. to the southerly commercial property lines south of Chapman Ave.

AREA “N”

1. West side of Bedford Rd. from LaVeta Ave. to Bronson Ave.

AREA “O”

1. North side of Spring St. from Hewes St. to Earlham St.

AREA “P”

1. Both sides of the 1000 block of Gardner Dr.

2. Both sides of the 1000 block of Greengrove St.

3. Both sides of Monroe Ave. from California St. to Lincoln St.

4. Both sides of Quincy Ave. from California St. to Lincoln St.

5. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul-de-sac.

6. West side of Lincoln St. from 990 N. Lincoln St. to Adams Ave.

7. East side of Lincoln St. from 1073 N. Lincoln St. to Adams Ave.

8. Both sides of Adams Ave. between Lincoln St. and California St.

AREA “Q”

1. Both sides of the 8500 block of Biscayne Way.

2. Both sides of the 8500 block of Deershire Ct.

3. Both sides of the 200 block of Fairfield Ln.

4. Both sides of the 200 block of Firenza Way.

5. Both sides of the 8500 block of Heatherview Ln.

393

Exhibit A

Page 5 of 6 ends

AREA “R”

1. Both sides of San Luis Dr. from 7821 (north side) to Santa Cruz Ave., and f rom 7816 (south side) to the beginning of 8132.

2. 8102 and 8110 Santa Cruz Ave. (south side).

3. Both sides of Santa Maria St. between San Luis Dr. and Santa Cruz Ave.

AREA “S”

1. Both sides of Poplar St. between Maple Ave. and the cul-de-sac.

2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.

3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave.

4. Both sides of Eckhoff St. between 130-283 N. Eckhoff St.

AREA “T”

1. Both sides of Cully Dr. from the westerly property lines of 861 and 864 W. Cully Dr. to the cul-de-sac.

2. Four spaces on the east side of Eckhoff St. from the southerly limit to W. Arbor Way (approximately 110 feet).

3. Five spaces on the east side of Eckhoff St. from 45 feet north of W. Arbor Way end of curb return to Maple Ave. (approximately 140 feet. It allows one parking space to remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for visibility).

4. Three spaces on the east side of Eckhoff St. north of Willow Ave. to the northerly limit (approximately 70 feet).

5. Two spaces on the east side of Eckhoff St. from the existing red curb north of Maple Ave. to the driveway south of 206 N. Eckhoff St.

AREA “U”

1. Both sides of Waverly St. from the northerly property lines of 133 and 138 S. Waverly St. to Almond Ave.

AREA “V”

1. The south side of E. Rose Ave. from 1932/1934 to N. Highland St.

2. Both sides of N. Highland St. from E. Rose Ave. to E. Barkley Ave.

3. Both sides of E. Mayfair Ave. from 1740 E. Mayfair Ave. to N. Highland St.

4. The south side of E. Lomita Ave. from 1734/1736 to N. Highland St.

5. The north side of E. Lomita Ave. from 1901 to N. Highland St.

6. Both sides of E. Barkley Ave. from the cul-de-sac to N. Highland St.

7. Both sides of the cul-de-sacs of N. Victoria Dr., N. Russell Dr., and N. Shirley Dr., north of E.

Mayfair Ave.

AREA “W”

1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac. 394

Exhibit A

Page 6 of 6 ends

2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744 E. Orange Grove Ave.

3. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.

4. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.

AREA “X”

1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.

AREA “Y”

1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave.

AREA “Z”

1. Both sides of Park Ln. from Palm Ave. to Dana Pl.

2. Both sides of Palm Ave. from Wayfield St. to Park Ln.

3. Wayfield Cir. south of Palm Ave.

395

WALNUT AVE

PALM AVE

SYCAMORE AVE

PARK LN
OAK ST

HIGHLAND ST

WAYFIELD CIR

DANA PL
OAK ST

WAYFIELD ST

PARK LN

HIGHLAND ST
MT. VERNON AVE

LE MAY CT

WAYFIELD ST

MARTHA AVE

WALNUT AVE

TUSTIN ST TUSTIN ST
308
310
434
410
360
380
400
322
318
311 A-D
276
240
214
216 224
A
225
291
271
291
241
259
240
260
270
290
295
287
281
206
204
270
280
290
302
271
291
281
229
233
245
257
267
275
283
317
325
333
339
356
436
366
376
386
396
406
416
426
446
411
421
355
365
375
385
505
484 486
476
472
333
386
384 382
376
1724
269
255
251 245
425 ½
374 372
366
364 362
354
356
342
274
233
225
311
363 361
392
368 366
364
322
332
314
302 305
438 436
406
408
412
404
440
434
428
426
424
490
433
441 439
437 435
431
429 427
423 421
415
407
405
409
401
449 445
443 447
465
315
321
341 343
309
405
415
425
435
445
321
331
339
355
365
375
385
395
346
304
312
320
330
350
360
370
380
395
479
475
467 463
455
485
421 417
401
433
441
445
427
451
331
387
505
420
404
316
324
332
340
352
362
372
382
394
428
438
446
458
468
476
345
295
305 303
311
436
450
180
210
172
179
402
382
494
205 175
201 1-100 210
220
228
238
246
256
280
410
2105
1936
1745
1735
1825
1815
1805
1905
2051
2037
2025
2015
1923
1915
2015
1943
2048
2041 2035
2049
2045
2024
2004
1942
2014
1932
1922
2031
2021
1907
2027
2017
2007
1945
1939
1931
1923
1915
1731
2050
2042
2032
2020
1923
1933
2005
1845
1813
1811
1809
1807
1803
1844
2032
2026
2016
1926
1912
1904
2032
2022
2031
2021 2042
2038
390 A
260
432
A-C
482
352
340
420
492
463
317
323
331
316
324
336
471
419 415
443
447
429 431
1733
292
490
390 B
474
464 A
464 B464 C
452 A
452 B
452 C
489 A
489 B
489 C
481 A481 B
481 C
471 A
471 B
471 C
451 A
451 B451 C
393 A393 B393 C393 D
391 A391 B391 C391 D
371 A371 B371 C371 D
369 A369 B369 C369 D
357 A
357 B
357 C
357 D
1 2
3 4
5 6
7 8
9 10 11
12 13
14 1516
17 18
19 20
21 22
2324
25 26
2728
29 30
31 3233
3435
36 37
38 39
40 4142
4344
4546
47 48
49 50
51 52
53 54
55 56
57 58
5960
6162
63 64
65 66
6768
6970
7172
7374
7576
77 7879
80 81
82 83
84 85
86 87
88 89
90 91
92 93949596979899100B
C
D
E
F
G
H
J
K
A
B
C
D
E
F
G
H
J
K
AB
CDE
FG
HJK

A BC D E

F GH J K
210
211
1815
ABCD
ABC
DE
FG
H
J
K
L
MNP
R
253 AB CD
A
B
C
D
E
F G
H
J
K
L
M
N P
R
AB CDA
B
C
D

AB CD EF G
H
J K
L MN P
R
A
B
C
D
E
FG
H
J
KL
M
NP
R
AB
1815 A
1815 B
1815 C
1817
1819
405 411

AREA MAP

PROPSED
AREA "Z"

PETITION
AREA
396
397

NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
July 14, 2015
Page | 1
 Final Impl Policy 7-14-15 [N:/Public Works/Traffic/Permit Pkg] Note: The Neighborhood Parking Permit Policy below does not apply to area “A”.  The program to mitigate the int rusion of college -oriented, commercial, institutional, multi - family residential (more than two units) or other long -term vehicular parking on streets in residential areas to assure that local residents and their guests have convenient parking on streets in proximity to their homes shall be referred to as the Neighborhood Parking Permit Program.

 Permit Parking shall only be permitted in single-family residential areas, where the problem is ongoing, and it is determined that the permit parking is the only solution. Only single- family residences and duplexes (two units on one lot) are qualified for this program.

 The Traffic Engineering Division shall determine the boundaries of the permit area for each request.

 Since Permit Parking Areas benefit certain residents, and not the general public, a “Permit Parking Program Application Fee” $4122 shall be paid by the proponent(s) of each new or additional permit area, for consideration of the implementation of permit parking. (This could also be implemented with a $1500 deposit and an additional $2622 when the petition is issued.)

 The neighborhood parking permit areas that are adjacent to a K-12 school shall not be enforced during the school A.M. drop-off (from 7:30 am to 8:30 am) and P.M. pick-up time (from 1:30 pm to 3:00 pm) on days school is in session.

 Implement restricted hours for permit parking enforcement on an as-needed basis to address Recreational Intrusions and Business Intrusions. The intent of this policy change is to maximize the benefits of permit parking to the applicant neighborhood while minimizing impacts to adjacent property use to balance parking need with quality of lifestyle.

o Institutional Intrusions (Universities, hospitals) shall remain 24/7/365.

o Recreational Intrusions (Parks, Schools and Sports Complexes) shall be enforced from 8:00 a.m. to 8:00 p.m. or as otherwise approved.

o Business Intrusions (Commercial Businesses) shall be enforced Monday through Friday 7:00 a.m. to 5:00 p.m. or as otherwise approved.

 Implementation of Permit Parking Program areas will only be considered when the following are satisfied:

398

NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
July 14, 2015
Page | 2
 Final Impl Policy 7-14-15 [N:/Public Works/Traffic/Permit Pkg]

1. The area must abut an institutional, residential apartment, commercial or industrial use which is generating the parking intrusion.

2. A minimum of 75% of the area residents must sign the petition in favor.

3. Any identified problem must be on-going, not occasional or temporary.

4. To demonstrate a need, 75% of the available on-street space in a proposed permit area must be occupied during the perceived problem times.

5. Staff must see evidence that required off street parking is being utilized.  Program shall not be approved to attempt to solve social problems that should be addressed through other means, such as Police or Code Enforcement.

 Program shall not be approved if the identified parking problems can be mitigated by less restrictive parking control measures. Council directs staff to identify the least restrictive permit hours to achieve the desired results.

 If recommended for approval by the City Traffic Commission, the Commission will direct the Traffic Engineering Division to prepare a resolution for adoption by the City Council.

 Number of permits per household (single family residence) shall be limited to 5 permits including guest permits. The total numb er of permits shall not exceed 5 per household. (Updated 6/12/18 per City Council)

 Number of permits for each unit of a duplex shall be limited to 2 permits (for registered vehicles only), plus 2 guest permits. The total of permits shall not exceed 4 permits per unit.

 Permits cost $30 per household and are valid for 3 years. Permits are non-transferable and are invalid if the registered permittee moves from the household. (Updated 6/12/18 per City Council)

 Single day event guest permit (up to maximum of 20) are available 4 times per year at no cost to a resident.

 To minimize sign pollution, permit parking area shall be identified by area posting wherever possible.

The City Manager/or his designee shall have the autho rity to suspend enforcement of neighborhood parking permit enforcement on a case by case basis for special requests.

399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
Agenda Item
City Council
Item #: 7.2. 7/12/2022 File #: 22-0416
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Department Christopher Cash, Public Works Director
Gary A. Sheatz, City Attorney

1. SUBJECT
Sully Miller Site Update

2. SUMMARY
An update on the Sully Miller site to include current zoning and General Plan designations, current approvals, and site operations, including any pending enforcement actions.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS

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
A. The Property
The Sully Miller site (the “site”)is located at 6145 E. Santiago Canyon Road and consists of approximately 109 acres of privately owned land. The site is subject to a convergence of land use policies that encompass the City’s2010 General Plan and Zoning Code both of which control the long-term plan for development and land use within the City.

The City’s General Plan designates the site as:

1. Low Density Residential consisting of 15.4 acres that lie north of Santiago Creek, adjacent to Mabury Avenue;

2. Resource Area consisting of approximately 77.3 acres that lie primarily on the south side of Santiago Creek; and

3. Open Space consisting of 16.5 acres that include the narrow strip running through the site City of Orange Printed on 7/7/2022Page 1 of 3
powered by Legistar™
421
Item #: 7.2. 7/12/2022 File #: 22-0416

3. Open Space consisting of 16.5 acres that include the narrow strip running through the site from east to west and roughly following Santiago Creek.

Current zoning on the site consists of two land use designations. Approximately 11.3 acres are zoned Single-Family Residential and approximately 97.9 acres are zoned for Sand and Gravel.

Attachment A provides a list of the permitted uses for property with a Sand and Gravel zoning designation.

The property has been through several entitlement and project proposals, the last of which, titled the Trails at Santiago Creek, consisted of a mixture of single-family detached homes and open space.

The project was subject to a referendum that ultimately overturned the proposal. A CEQA lawsuit was also filed challenging the approval of the environmental document for the Trails project. This lawsuit was subsequently dismissed as it became moot when the referendum overturned the project approval.

B. Current Approvals
The site was originally comprised of twelve parcels that have been consolidated into four parcels under Tentative Parcel Map No. 0022-21.

Tentative Tract Map No. 18163 and Minor Site Plan Review No. 1016-20 were approved by the City Council in July 2020 to allow for the development of 22 lots on the property zoned single-family residential north of Santiago Creek, adjacent to Mabury Avenue.

C. Current Operations
The portion of the site located south of Mabury Avenue and north of Santiago Creek is consistent with the General Plan and zone district designation for single-family residential use. This includes the Tentative Tract Map and Site Plan Review approvals referenced above and is not subject to enforcement action by any regulatory agency.

With regard to the remainder of the site, the portion containing the Sand and Gravel operations, including stockpiling of material on site and backfilling of inert debris, allowed under the current zoning, those operations have been suspended while the property owner addresses the following:

1. Local Enforcement Agency (LEA)
While stockpiling and backfilling are allowable uses under the City’szoning code, the Orange County Health Care Agency, Environmental Health, acting as the Solid Waste Local Enforcement Agency (LEA), also has regulatory authority over the operations on the site. The LEA is the enforcement agency for solid waste laws and regulates the inert debris that is stockpiled and used as backfill.

As part of the ongoing operations, the property owner operated an Inert Debris Engineered Fill Operation (IDEFO) on the site. Construction material and debris were accepted on the site and stockpiled, to be used as engineered backfill under the IDEFO. In investigating a complaint against the property owner based on its operations, the LEA alleged that the property owner was in violation of solid waste laws. In June of 2022, the LEA and the property owner agreed to resolve the complaint by entering into a Stipulation and Order (“Order”)pertaining to the stockpiling of material on the site.

Under the Order, the property owner has agreed to survey the stockpiles for purposes of ensuring that the stockpile material does not include the presence of any solid waste or substances that have concentrations that pose a risk to human health or the environment. If sampling shows the presence City of Orange Printed on 7/7/2022Page 2 of 3
powered by Legistar™
422
Item #: 7.2. 7/12/2022 File #: 22-0416
concentrations that pose a risk to human health or the environment. If sampling shows the presence of any hazardous materials, the property owner will be required to develop a remediation plan to eliminate those hazards from the site. However, if the site survey does not show the presence of hazardous materials, the stockpiled material may be used for backfill of the site. Backfill operations would require a City-issued grading permit, however, grading on the site would not occur until authorized by the LEA.

The Order would also allow the IDEFO operation to resume, but only after the property owner has completed the survey of the site and submitted the appropriate operational plans for the IDEFO to the LEA for its review and approval.

2. State Water Board
As a Sand and Gravel operation, the site is designated as a heavy industrial facility and has an active General Permit for Storm Water Discharges Associated with Industrial Activities (General Permit), issued by the State Water Board. The permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) which identifies Best Management Practices (BMPs) that are designed to reduce or eliminate the discharge of processed materials, sediment, and other pollutants to storm drains or other water bodies. As a requirement of the City’sMS4 Permit from the State, the City performs annual site inspections of BMPs at heavy industrial facilities, unless a State inspection of the site occurs within the same 12 month period. City inspections of the Sully Miller site pertain to ensuring that the BMPs are in place and that any noted deficiencies are corrected.

The most recent City inspection of the site in July 2021 noted BMP deficiencies which were corrected. Additional requirements of the General Permit beyond implementation of the BMPs are in the purview of the State Water Board as they issue and carry the ability to levy penalties for non- compliance. State Water Board staff periodically inspects the site and in December 2021 and February 2022 found BMP deficiencies and other operating deficiencies that resulted in a Notice of Violation (NOV) that was issued to the property owner on April 15, 2022. As of June 23, 2022, the State Board provided correspondence to the property owner indicating that several of the BMP deficiencies noted in the NOV had been resolved but requested that the property owner update site mapping of the BMPs and correct any sampling deficiencies that still had not been resolved. A response to the State Board with a plan for addressing outstanding issues was due by July 8, 2022.

Finally, it is important to note that at this time the City does not have an application for development on any portion of the site.

7. ATTACHMENTS
· Attachment A: Permitted Uses in the Sand and Gravel zone City of Orange Printed on 7/7/2022Page 3 of 3
powered by Legistar™
423
Agenda Item
City Council
Item #: 7.2. 7/12/2022 File #: 22-0416
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Department Christopher Cash, Public Works Director
Gary A. Sheatz, City Attorney

1. SUBJECT
Sully Miller Site Update

2. SUMMARY
An update on the Sully Miller site to include current zoning and General Plan designations, current approvals, and site operations, including any pending enforcement actions.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS

3. Enhance and Promote Quality of Life in the Community b. Deliver high quality and safe recreational, social, environmental, educational and cultural services

The City’s General Plan designates the site as:

1. Low Density Residential consisting of 15.4 acres that lie north of Santiago Creek, adjacent to Mabury Avenue;

2. Resource Area consisting of approximately 77.3 acres that lie primarily on the south side of Santiago Creek; and

3. Open Space consisting of 16.5 acres that include the narrow strip running through the site City of Orange Printed on 7/7/2022Page 1 of 3
powered by Legistar™
424
Item #: 7.2. 7/12/2022 File #: 22-0416

3. Open Space consisting of 16.5 acres that include the narrow strip running through the site from east to west and roughly following Santiago Creek.

Current zoning on the site consists of two land use designations. Approximately 11.3 acres are zoned Single-Family Residential and approximately 97.9 acres are zoned for Sand and Gravel.

Attachment A provides a list of the permitted uses for property with a Sand and Gravel zoning designation.

The property has been through several entitlement and project proposals, the last of which, titled the Trails at Santiago Creek, consisted of a mixture of single-family detached homes and open space.

B. Current Approvals
The site was originally comprised of twelve parcels that have been consolidated into four parcels under Tentative Parcel Map No. 0022-21.

Under the Order, the property owner has agreed to survey the stockpiles for purposes of ensuring that the stockpile material does not include the presence of any solid waste or substances that have concentrations that pose a risk to human health or the environment. If sampling shows the presence City of Orange Printed on 7/7/2022Page 2 of 3
powered by Legistar™
425
Item #: 7.2. 7/12/2022 File #: 22-0416
concentrations that pose a risk to human health or the environment. If sampling shows the presence of any hazardous materials, the property owner will be required to develop a remediation plan to eliminate those hazards from the site. However, if the site survey does not show the presence of hazardous materials, the stockpiled material may be used for backfill of the site. Backfill operations would require a City-issued grading permit, however, grading on the site would not occur until authorized by the LEA.

Finally, it is important to note that at this time the City does not have an application for development on any portion of the site.

7. ATTACHMENTS
· Attachment A: Permitted Uses in the Sand and Gravel zone City of Orange Printed on 7/7/2022Page 3 of 3
powered by Legistar™
426
Zoning Code - Sand and Gravel
Permitted
Land Use Uses
Accessory Uses - Includes uses defined by OMC 17.040.020^ Repair shops, garages or covered storage bins, or other accessory structures associated w/allowable uses in the sand and gravel zone A
Structures and mechanical equipment associated w/sand and gravel zone A Agriculture/horticulture uses
Agriculture/horticulture P
Housing uses
Caretaker residence/caretaker mobile home A*
Miscellaneous uses
Backfilling with inert materials P
Moving an existing structure or building A*
Production/wholesale uses
Cement, lime, gypsum, or plaster C
Manufacture from raw materials extracted on site C
Mining, quarrying, extraction, excavation and removal of rock, sand, gravel and similar materials. Storage of such materials is limited to outside the floor plan P
Public, social, or institutional uses
Landfills C
Parks and athletic fields, private C
Notes
P = Permitted use
C = CUP required
* = Use subject to special provisions (17.13.040)
^17.04.20 Accessory Use - Existing in a minor way. Subordinate and incidental both in size and in intensity of use to the primary use and structure.

General Plan Designation - Resource Area

ATTACHMENT A
Sully Miller Site - Land Uses
Allows for agriculture uses and continued use of stream and river channels for aggregate mining. Passive and active recreational uses are also permitted. May serve as a holding zone for future uses compatible with established and planned land uses in surrounding area 427
Agenda Item
City Council
Item #: 7.3. 7/12/2022 File #: 22-0411
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
Options for grant writing and legislative advocacy services.

2. SUMMARY
A discussion of options to contract with a firm or firms to provide grant writing and legislative advocacy services to the City.

3. RECOMMENDED ACTION
Provide direction to staff as to the services the City Council would like to pursue.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
Every year, the state and federal governments consider dozens of bills that directly affect the City of Orange. These bills have a range of effects including proscribing local authority, imposing unfunded mandates, providing grant funds to achieve policy goals, and changing regulations. While the City has been successful in receiving regional, state and federal grants in the past, there are numerous grants that the City may be unaware of or that require significant staff time to prepare and manage.

The City has historically tracked legislative activities and responded to grant opportunities internally.

In August 2021, the City Council directed staff to join the League of California Cities (League) and the Southern California Association of Governments (SCAG). These two organizations provide extensive resources to track and analyze legislation, advocate on behalf of cities and the region, and alert us to grant opportunities.

In addition to membership in the League and SCAG, most Orange County cities also contract with firms for professional support with legislative advocacy and grant writing. These services augment existing staff resources to ensure that the City effectively communicates its legislative priorities and pursues grant funding. These services generally fall into three categories:

City of Orange Printed on 7/7/2022Page 1 of 2
powered by Legistar™
428
Item #: 7.3. 7/12/2022 File #: 22-0411
· State Advocacy
o Create the City’s Legislative Platform
o Attend hearings and coordinate meetings
o Provide reports on legislation status
o Advocate for the City’s position on legislation and regulatory issues · Federal Advocacy
o Same as State Advocacy, but at the federal level
· Grant Writing
o Identify priority funding areas
o Identify funding opportunities at the federal, state, foundation, and regional level o Provide grant writing and submission services
o Manage grants awarded to the City as needed
There are firms that provide all three of these services and others that specialize in just one of them.

Depending on the City’sneeds and scope of services, the cost can be a flat monthly rate, or services provided on an as-needed basis with negotiated rates for staff and other costs.

If the City Council would like to pursue professional support for legislative advocacy and grant writing, staff would recommend developing a Request for Proposals (RFP) for these services. The RFP process would allow staff to evaluate the potential service providers and present a recommendation for City Council consideration. Staff would also request City Council input on which services to include in the RFP and recommend an initial service term of one year to determine the effectiveness of the services provided.

7. ATTACHMENTS
· None
City of Orange Printed on 7/7/2022Page 2 of 2
powered by Legistar™
429
Agenda Item
City Council
Item #: 7.3. 7/12/2022 File #: 22-0411
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
Options for grant writing and legislative advocacy services.

2. SUMMARY
A discussion of options to contract with a firm or firms to provide grant writing and legislative advocacy services to the City.

3. RECOMMENDED ACTION
Provide direction to staff as to the services the City Council would like to pursue.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.

The City has historically tracked legislative activities and responded to grant opportunities internally.

City of Orange Printed on 7/7/2022Page 1 of 2
powered by Legistar™
430
Item #: 7.3. 7/12/2022 File #: 22-0411
· State Advocacy
o Create the City’s Legislative Platform
o Attend hearings and coordinate meetings
o Provide reports on legislation status
o Advocate for the City’s position on legislation and regulatory issues · Federal Advocacy
o Same as State Advocacy, but at the federal level
· Grant Writing
o Identify priority funding areas
o Identify funding opportunities at the federal, state, foundation, and regional level o Provide grant writing and submission services
o Manage grants awarded to the City as needed
There are firms that provide all three of these services and others that specialize in just one of them.

Depending on the City’sneeds and scope of services, the cost can be a flat monthly rate, or services provided on an as-needed basis with negotiated rates for staff and other costs.

7. ATTACHMENTS
· None
City of Orange Printed on 7/7/2022Page 2 of 2
powered by Legistar™
431
Agenda Item
City Council
Item #: 7.4. 7/12/2022 File #: 22-0262
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
2021 Orange International Street Fair Report.

2. SUMMARY
As part of their agreement with the City, the Orange International Street Fair is responsible for presenting to City Council a report on the production of the previous year’s event.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
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 International Street Fair (Street Fair) is an annual event, produced by the Orange International Street Fair, Inc. (OISF), held in the Orange Plaza area over the Labor Day weekend.

This popular event draws hundreds of thousands of visitors over the three-day period and requires months of planning and coordination. The production of the event is governed by an agreement between the City and OISF. The agreement also provides for OISF to reimburse City costs and for OISF to maintain certain policies, procedures, and financial records.

In 2018, the City Council requested staff to examine financial procedures in the production of the Street Fair, as well as policies related to the selection of nonprofit participants, cash handling, contract awards, and other operational practices. The City engaged the CPA firm Nigro & Nigro, PC, to perform Agreed Upon Procedures (AUP) review. The AUP report contained the following recommendations for OISF:
· Vendor Participants: Implement and maintain an internal checklist that each required item provided by the applicant meets the standard as set forth in the “Ethnic Street Rules and Regulations” (ESR&R) and retain supporting documentation received from the participant. · Vendor Maintenance and Wait List: Maintain a wait list and perform an annual review. The waitlist procedure, points of contact, and applicable contact persons within OISF should be published on the website to avoid confusion among any non-profits who may wish to City of Orange Printed on 7/7/2022Page 1 of 3
powered by Legistar™
432
Item #: 7.4. 7/12/2022 File #: 22-0262
published on the website to avoid confusion among any non-profits who may wish to participate.
· Complaint Resolution: Follow complaint procedures and document the course of action. · Alcohol Service Rotation: Expand the rotation of alcohol serving participants to make all 16 licenses available each year and not have them determined by the street where the participant is located. Also, document and publish the policy and rotation list on the Street Fair website. · Booths and Sponsorships: Develop a form or modify the invoice or online application to include a deposit amount and balance remaining and ensure invoices match these amounts.

Consistent handling of deposits through invoicing and consistent use of invoice numbers will improve tracking and ensure all participants have paid the required amount. Invoices charged to participants should be supported with itemized detail and signed by the committee chair or representative other than the treasurer.
· Wristband Sales: Retain all cash receipt records so that a clear trail exists from the point of collection to the point of deposit. Each organization should observe the cash count and sign off on tally sheets. During future reviews, the process should be observed by a qualified independent auditor over Labor Day weekend. Additionally, OISF should use prenumbered wristbands for tracking purposes so that there is better control over sales and inventory. Also, the rationale for disbursing unequal donation amounts should be documented and the calculation retained.
· Cash Disbursements: OISF should have written policies for expenses and check writing.

Responsibilities should be divided between approving the payment and issuing the check among separate members to segregate those duties. The two-signature policy for all checks of $2,000 or more should be followed. OISF should retain all supporting documentation such as original receipts, indicating on the receipt or invoice that the service or product has been received and is suitable for payment. OISF should document and retain approval and budgets for expenses at monthly meetings.
· Bank Reconciliations: Bank reconciliations should be performed within two weeks after the end of the month. Someone other than the Treasurer should prepare the reconciliation, or the external CPA should review and indicate this review in a manner such as initialing. · Financial Statements: OISF should submit reviewed and audited financial statements annually to the City. The following duties should not be performed by the Treasurer but should be segregated and performed by different members: authorizing transactions, recording transactions, and custody of assets.

The above recommendations were included in the Agreement for Production of Orange International Street Fair dated December 28, 2019. The attached 2021 Street Fair Report from OISF details OISF’s implementation of the recommendations. Staff has reviewed the letter and the annual financial statements and has not identified any areas of concern that would warrant additional review at this time.

The 2021 Street Fair Report also notes the that the event was a success despite the staffing and supply chain challenges caused by the pandemic and back-to-back-97-degree days. The 2021 Street Fair provided an opportunity for over 50 nonprofit organizations to raise funds that will directly benefit City of Orange Printed on 7/7/2022Page 2 of 3
powered by Legistar™
433
Item #: 7.4. 7/12/2022 File #: 22-0262
the Orange community.

7. ATTACHMENTS
· Agreement for Production of Orange International Street Fair · Agreed Upon Procedures Report
· 2021 Street Fair Report
City of Orange Printed on 7/7/2022Page 3 of 3
powered by Legistar™
434
Agenda Item
City Council
Item #: 7.4. 7/12/2022 File #: 22-0262
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
2021 Orange International Street Fair Report.

2. SUMMARY
As part of their agreement with the City, the Orange International Street Fair is responsible for presenting to City Council a report on the production of the previous year’s event.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

In 2018, the City Council requested staff to examine financial procedures in the production of the Street Fair, as well as policies related to the selection of nonprofit participants, cash handling, contract awards, and other operational practices. The City engaged the CPA firm Nigro & Nigro, PC, to perform Agreed Upon Procedures (AUP) review. The AUP report contained the following recommendations for OISF:
· Vendor Participants: Implement and maintain an internal checklist that each required item provided by the applicant meets the standard as set forth in the “Ethnic Street Rules and Regulations” (ESR&R) and retain supporting documentation received from the participant. · Vendor Maintenance and Wait List: Maintain a wait list and perform an annual review. The waitlist procedure, points of contact, and applicable contact persons within OISF should be published on the website to avoid confusion among any non-profits who may wish to City of Orange Printed on 7/7/2022Page 1 of 3
powered by Legistar™
435
Item #: 7.4. 7/12/2022 File #: 22-0262
published on the website to avoid confusion among any non-profits who may wish to participate.
· Complaint Resolution: Follow complaint procedures and document the course of action. · Alcohol Service Rotation: Expand the rotation of alcohol serving participants to make all 16 licenses available each year and not have them determined by the street where the participant is located. Also, document and publish the policy and rotation list on the Street Fair website. · Booths and Sponsorships: Develop a form or modify the invoice or online application to include a deposit amount and balance remaining and ensure invoices match these amounts.

The 2021 Street Fair Report also notes the that the event was a success despite the staffing and supply chain challenges caused by the pandemic and back-to-back-97-degree days. The 2021 Street Fair provided an opportunity for over 50 nonprofit organizations to raise funds that will directly benefit City of Orange Printed on 7/7/2022Page 2 of 3
powered by Legistar™
436
Item #: 7.4. 7/12/2022 File #: 22-0262
the Orange community.

7. ATTACHMENTS
· Agreement for Production of Orange International Street Fair · Agreed Upon Procedures Report
· 2021 Street Fair Report
City of Orange Printed on 7/7/2022Page 3 of 3
powered by Legistar™
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459

CITY OF ORANGE
ACCOUNTANTS’ AGREED UPON PROCEDURES
REPORT

Orange International Street Fair
February 28, 2019

460

CITY OF ORANGE
ACCOUNTANTS' AGREED UPON PROCEDURES REPORT
Orange International Street Fair

TABLE OF CONTENTS
Page

Independent Accountants' Report on Applying Agreed‐Upon Procedures ........................................................................ 1

Basis for Procedures .................................................................................................................................................................................... 2

Vendor Participants ..................................................................................................................................................................................... 2

Vendor Maintenance and Wait List ....................................................................................................................................................... 3

Complaint Resolution .................................................................................................................................................................................. 3

Alcohol Service Rotation ............................................................................................................................................................................ 3

Booths and Sponsorships .......................................................................................................................................................................... 4

Wristband Sales ............................................................................................................................................................................................. 5

Cash Disbursements ..................................................................................................................................................................................... 5

Bank Reconciliations ................................................................................................................................................................................... 6

Financial Statements .................................................................................................................................................................................... 6

461

1 Independent Accountants’ Report on Applying
Agreed‐Upon Procedures

To the Management of
City of Orange

We have performed the procedures enumerated below, which were a greed to b y the Director of Fin ance at City of Orange (“the City”), to perform an operational and internal control analysis of the Orange International Street Fair (OISF). This agreed ‐upon procedures engagement was performed in accordance with attestation standards established by the American Institute of Certified Pub l i c A c c o u n t a n t s . T h e s u f f i c i e n c y o f t h e s e procedures is solely the responsibility of those parties specifi e d i n t h i s r e p o r t . C o n s e q u e n t l y , w e m a k e n o representation regarding the sufficiency of the procedures desc ribed below either for the purpose for which this report has been requested or for any other purpose.

In order to achieve our objectives, we performed the following procedures:

1. Gained an understanding of and tested key policies and procedur es created by OISF in the selection and maintenance of not for profit applicants

2. Gained an understanding of and tested selected account balances in the general ledger from QuickBooks

3. Reviewed supporting documentation for certain account balances

4. Interviews and questionnaires were conducted with OISF personnel in the course of our work

T h e r e s u l t s o f o u r e n g a g e m e n t i n d i c a t e d t h a t t h e r e a r e u n v e r i f iable procedures and deficient accounting practices and procedures as described in further detail in this r e p o r t . O u r r e p o r t d e t a i l s t h e r e s u l t s o f o u r procedures in detail over each area, with specific recommendati ons that should be implemented in order to improve financial reporting for OISF. Our major recommendation is that the City consider requiring OISF to engage a CPA to conduct an annual review or audit of their fina ncial statements and include an evaluation of internal control practices in that process.

We were not engaged to and did not conduct an examination, the objective of which would be the expression of an opinion on the accounting practices and procedures. Acco rdingly, we do not express such an opinion.

Had we performed additional procedures, other matters might hav e come to our attention that would have been reported to you.

This report is intended solely for the information and use of t he Finance Director, Assistant Finance Director, Mayor and City Council of Orange, and is not intended to be, an d should not be, used by anyone other than these specified parties.

February 28, 2019
Murrieta, California
462

2 CITY OF ORANGE
ACCOUNTANTS' AGREED UPON PROCEDURES REPORT
Orange International Street Fair
February, 2019

In 2014 Orange International Street Fair, Inc. (OISF) and the C i t y o f O r a n g e e n t e r e d i n t o a f o u r ‐ y e a r agreement for the production of the Orange International Street Fair. This agreement is part of a continuing arrangement between the parties going back until at least 1994. Our procedures focused on the calendar years 2016, 2017 and 2018 per direction of the City’s Director of Finance.

Basis for Procedures
OISF provided us with several policies concerning not for profi t entities and ‘Ethnic Streets’ contained in the documents “Ethnic Street Rules and Regulations” (ESR&R’s, 2/28/2017) and “Policies and Procedures for Participant Selection” (P&P, 1 /15/2019). These policies include d components on selection of street vendors, alcohol rotation on streets, complaint resolution and rules regarding distribution of funds to non‐profits from s t r e e t s p o n s o r s . O n c e a n u n d e r s t a n d i n g o f t h e s e p o l i c i e s w a s r ealized, we attempted to verify each using limited procedures to determine their effectiveness. OISF furth er provided three years of accounting records maintained in QuickBooks including the general ledger and trial balance. OISF also provided some of the requested documents that support the general ledger, including bank statements, bank reconciliations, deposit slips, invoices, receipts, copies of checks, cash count sheets, participant applications and other items.

Vendor Participants
In the ESR&R’s vendor participants are required to be recognize d non‐profit organizations (NPO) organized for charitable, youth development, cultural enrichment or civic i m p r o v e m e n t p u r p o s e s . I n o r d e r t o b e considered as an applicant, an ap plication must include evidenc e as an NPO by showing at least one specific document including Articles of Incorporation, tax exempt status letter from SBOE or IRS, or recent form 990 tax return. Each vendor, including those continuing from the pr ior year, is checked for eligibility. The policy also maintains that applicants have proof of viable structure, general liability insurance, no prior debts owed to OISF, are able to attend all mandatory ‘Ethnic Street’ meeti ngs and carry a valid State of California resale permit. We selected four applications for each year under our p rocedures for a total of twelve to verify that each requirement was being followed. Our selection was based on a listing provided by OISF.

Results: In our evaluation of twelve applications, four from each year, we noted that many of the requirements o f t h e E S R & R ’ s a r e m e t t h r o u g h e n t r i e s o n t h e o n l i n e a p p l i c a t i on, which allow for the applicant to upload supporting documents. We obtained copies of online applications which indicated that documents had been uploaded to OISF from the applicant, however we did not review any of the uploaded items specifically.

To verify the not for profit status of the applicants, we used an IRS search tool https://www.irs.gov/charities‐ non‐profits/tax‐exempt‐organization‐search. In our findings were able to verify six of the twelve applications recognized as not for profit organizations, three from 2016, two from 2017 and one from 2018. We were able to verify only four of twelve had submitted documentation to support possession of a California resale permit, one from 2017 and three from 2018, and that seven of twelve uploaded documentation with insurance information, two from 2016 and 2017 each, and three from 2018. Other requirements in the ESR&R’s such as viable structure, debts owed and attendance at mandatory meetings were not verified in this test.

Recommendations: We recommend that OISF implement and maintain an internal checklist that each required item uploaded or provided by the applicant meets the standard as s e t f o r t h i n t h e E S R & R a n d r e t a i n t h e supporting documentation received from the participant. We recommend this as an annual procedure as entities’ non‐profit status may change.

463

3 CITY OF ORANGE
ACCOUNTANTS' AGREED UPON PROCEDURES REPORT
Orange International Street Fair
February, 2019

Vendor Maintenance and Wait List
In the Policies and Procedures Participant Selection document, participants of the previ o u s y e a r h a v e f i r s t right of refusal in the next yea r’s fair, and any openings are to be filled from a wait list. The wait list is to be prioritized by City of Orange based organizations first, then b y date of submission. A committee chairman is to be a custodian of the applicant, review the application, and email and advise the applicant. The wait list is t o b e v e r i f i e d e v e r y t w o y e a r s t o c o n f i r m t h e a p p l i c a n t s ’ i n t e rest and the applicant organization is to be brought to the OISF Board of Directors for ultimate approval. A ccording to OISF, there has only been one new vendor between 2016 and 2018, which came from the wait list and was based in the City of Orange. In our discussion with OISF it was noted that the wait list typically consists of one to three vendors.

Results: We were provided a wait list that included the name of the en tity, contact information and whether they filled a booth and what year. The listing showed one appli cant listed twice for 2018, three applicants for 2016 and one applicant for 2015. The applicant for 2018 and one applicant from 2016 were noted to have filled a booth in that year, and both were City of Orange based organizations. We were able to identify invoices of one of the two applicants that filled a booth on the general ledger of OISF. We were not able to verify the acceptance of any wait list applicants in our review of OISF board minutes.

Recommendations: We recommend that OISF maintain a wait list and perform an an nual review. The waitlist procedure, points of contact and applicable contact persons wit hin OISF should be published on the website to avoid confusion among any non‐profits who may wish to participate.

Complaint Resolution
According to the Policies and Procedures, complaint procedures are to be addressed in a specific manner, including the complainant being contacted by a committee chairm a n w i t h i n 7 2 h o u r s , w h e r e u p o n t h e chairman gathers information and creates a memo for the Board of Directors. The complaint is to be reviewed at the next OISF board meeting where it is reviewed and an acti on is determined. The chairman is to notify the complainant of the action with an opportunity to appeal.

Results: During our review of board and committee meeting minutes, we noted that occasional complaints were discussed in general, however we could not verify the above process.

Recommendations: We recommend that complaint procedures are followed and the co u r s e o f a c t i o n i s documented so that goodwill can be established and adjustments in procedures and policies made where necessary.

Alcohol Service Rotation
OISF has 16 alcohol licenses that allow approved street partici pants to serve alcohol. According to the Beer Sales Booth Rotation Policies and Procedures, all ethnic street p a r t i c i p a n t s a r e e l i g i b l e f o r r o t a t i o n i f t h e y participate on an actively licensed street. The policy lists thirteen streets total, eleven streets with one license, one street with three licenses (American Street) and one street with two licenses (Mexican Street). No ethnic s t r e e t p a r t i c i p a n t i s p e r m i t t e d t o s e r v e b e e r f o r m o r e t h a n o n e y e a r i n a r o w u n l e s s a l l o t h e r s t r e e t participants decline to be in the rotation or the ethnic street participant is the only participant on the street. A lottery style rotation was created in 2014 that established a r otation. All participants wishing to be included in the rotation were part of the draw until no names remained, essentially setting up the order for the 2014 year and several years afterwards, depending on the number of participants and licenses on the street.

Should there be any new participants, they would be added to the end of the list for a particular street. 464

4 CITY OF ORANGE
ACCOUNTANTS' AGREED UPON PROCEDURES REPORT
Orange International Street Fair
February, 2019

Alcohol Service Rotation (continued)

Results: We were provided with a spreadsheet of the rotation order, which included the street name, year, and organization selected to serve alcohol. On American Street, although there are three licenses, only two participants rotate annually according to the schedule and the other license is given to one participant that has been allowed to serve alcohol each year. Five streets had one participant listed only for the 2016 year ( I t a l i a n , G e r m a n , S w i s s , P o l y n e s i a n a n d D u t c h ) a n d d i d n o t i d e nt i f y t h e s e r v i n g p a r t i c i p a n t i n p r i o r o r subsequent years. Mexican Street lists the same two participant s annually, including one participant from the same school district with different boosters for basketball, wrestling, and softball listed twice on American Street in 2016. The listing we were provided did not include a rotation for the following streets: Australian, English, Danish and Ginza Streets, which are each allowed one l icense. We attempted to verify the rotation by checking the listing against the general ledger and the OISF participant list on the website which indicates alcohol sales booths, but were not able to verify the rotation with any certainty.

Recommendation: We recommend that the rotation of alcohol serving participants be expanded to make all 16 licenses avail able each year and n ot be determined b y the stree t which a participant is located on. Further, the OISF should document and publish on the website the policy and rotation list for full transparency.

Booths and Sponsorships
OISF receives checks for booth d eposits and final payments and street sponsorships. No personal checks are allowed, only business checks and money orders or cashier’s checks are accepted. Sometimes OISF uses invoices with descriptions that show the participant name, paym ent type, and amount for booth deposits and final payments. Online applications also include a section for payment for booth and alcohol (if applicable).

Results: We evaluated a selection of dep osits fro m the QuickB o oks general ledger for each year 2016‐2018.

Twenty‐nine of thirty‐nine deposits tested could be traced to O ISF invoices, ten did not have accompanying invoices, eight of which came fr om 2016. Some invoice numbers w ere out of sequence on the general ledger, most notably in 2016. Other deposits were collected and recorde d on the general ledger without descriptions and could not be individually verified. Amounts received from Straub in the form of a check for the annual cup surcharges did not come with detail to demonstrate how they were calculated.

We attempted to verify deposits and total amounts for linear fo ot charges and beer booth fees on the twelve sampled applications referred to under vendor participants. Seven out of twelve sampled applications did not agree to the amount recorded in the general ledger and five could not be identified. Linear foot charges on the a p p l i c a t i o n w e r e s h o w n t o b e $ 7 5 p e r l i n e a r f o o t b u t $ 6 5 p e r l in e a r f o o t o n i n v o i c e s . S i m i l a r l y , b e e r b o o t h fees were $4,200 on applications but $3,200 on invoices and the re were no transactions or notations on the invoice or general ledger to indicate that the difference was from a deposit.

All of the checks sampled were either business checks, money orders, or cashier’s checks as required per OISF policy. Some checks received were dated several weeks before th e date on the bank statement or deposit slip,
indicating they were not deposited in a timely manner.

Recommendation: We recommend OISF develop a form or modify its invoices or onli ne application to include a deposit amount and balance remaining and ensure that their inv o i c e s m a t c h t h e s e a m o u n t s . C o n s i s t e n t handling of deposits through invoicing and consistent use of invoice numbers will improve tracking and ensure all participants have paid the required amount. Invoices charged to participants should be supported with itemized detail and signed by the committee chair or representative other than the treasurer. 465

5 CITY OF ORANGE
ACCOUNTANTS' AGREED UPON PROCEDURES REPORT
Orange International Street Fair
February, 2019

Wristband Sales
Wristbands are sold for $3 each out of eight different booths o perated by non‐OISF Organization members.

These are located at different points in the fair to attendees who wish to purchase alcohol. Wristband sales begin thirty minutes before opening on Friday and Saturday and at noon on Sunday. Each day, each booth is given 1,000 wristbands that are color coded but not prenumbered . Each booth is given instructions on pre‐ counting the cash and pickup times. The Organization member is escorted by an OISF representative and a police officer at the designated time. At the OISF office, four c o u n t e r s , t h e B o a r d T r e a s u r e r , S e c r e t a r y , a n d OISF representative are allowed in the office. The cash is counted twice on a counting machine by two separate counters and compared to a pre‐count sheet. In additio n, the representative will turn in the unused wristbands and any defective or ripped wristbands. After each of the eight organizations is finished, a deposit s l i p i s p r e p a r e d , t h e c a s h i s p l a c e d i n a d e p o s i t b a g a n d i s d ep o s i t e d i n a n i g h t d r o p . T h e T r e a s u r e r a n d Secretary are responsible to enter the cash collected and infor mation from the individual count sheets onto the wristband funds tracking sheet. Once all monies are counted and verified, the Treasurer issues a check to each organization that worked one of the eight different booths as a donation. All organizations are to receive the same donation, minus the missing wristbands.

Results: We reviewed OISF general ledger reports for 2016‐2017 to select a s a m p l e o f w r i s t b a n d s a l e s . W e requested backup including the bank statement, deposit slips, a nd cash count sheets with wristband reconciliation. We were able to identify bank deposits for the amount recorded in the general ledger, but we did not receive the cash pre‐count sheets completed by the organizations or the wristband funds tracking sheets and so were not able to verify that all cash collected w as properly deposited into the bank. We noted t h a t s i x d o n a t i o n p a y m e n t s f o r w r i s t b a n d s a l e s ( b o o t h s ) w e r e m ade in 2016, seven in 2017, and nine donation payments were made in 2018 (one from 2017, paid in Jan uary, 2018). We also noted that 19 of the 22 donations over the three years were for $2,000 while three other donations were $2,028, $2,336 and $2,780 respectively.

Recommendation: We recommend that OISF retain all cash receipt records so that a clear trail exists from the point of collection to the point of deposit. We also recommend each organization observes the cash count and s i g n s o f f o n t h e t a l l y s h e e t s . W e f u r t h e r r e c o m m e n d t h a t d u r i n g a f u t u r e r e v i e w , a u d i t , o r a g r e e d u p o n procedure, the process is observed by a qualified independent auditor over Labor Day weekend. Additionally, we recommend OISF use prenumbered wristbands for tracking purpo ses so that there is better control over sales and inventory. Finally, we recommend that the rationale for disbursing unequal donation amounts is documented and the calculation is retained.

Cash Disbursements
O I S F d i d n o t p r o v i d e u s w i t h w r i t t e n p o l i c i e s f o r c a s h d i s b u r s em e n t s , b u t t h r o u g h i n q u i r y w e d e t e r m i n e d some of their practices. Blank checks are kept locked, no cash is ever kept on site. To disburse payments, two s i g n a t u r e s a r e r e q u i r e d o v e r $ 2 , 0 0 0 , o n e s i g n a t u r e f o r u n d e r $ 2,000, and board approval for electronic payments over $2,000. OISF does not use purchase orders, but budgets for expenses are approved by the Board. Reimbursements to OISF members are allowed with original receipts. We randomly chose approximately twenty‐five transactions from the general ledger for each year to test for supporting documentation, such as an invoice or a bill. We separately reviewed handwritten checks to try to verify if they contained the required number of signatures.

Results: Receipts for expenses were not provided for many of the payment s. We were not provided supporting documentation such as an invoice or bill as follows:
 2016: 13 of 26 disbursements
 2017: 12 of 25 disbursements
 2018: 6 of 26 disbursements
466

6 CITY OF ORANGE
ACCOUNTANTS' AGREED UPON PROCEDURES REPORT
Orange International Street Fair
February, 2019

Cash Disbursements (continued)
We were able to find documentati on of expenses being discussed and presented in the Treasurer’s report in s o m e o f t h e b o a r d m i n u t e s . F o r t r a n s a c t i o n s w h e r e w e w e r e a b l e t o o b t a i n c o p i e s o f c h e c k s , t h e t w o ‐ signature requirement is being handled inconsistently. We identified nine payments in 2016, seven payments in 2017 and five payments in 2018 of $2,000 or greater that did not have the required dual signatures.

Recommendation: OISF should have written policies for expenses and check writin g. We recommend dividing responsibilities between approving the payment and issuing the check among separate members to segregate those duties (see Financial Stat ements, below). We recommend th at the two‐signature policy be followed for all checks of $2,000 or more. We further recommend that OISF re tain all supporting documentation such as original receipts, indicating on the receipt or invoice that the service or product has been received and is suitable for payment. OISF should document and retain approval and budgets for expenses at monthly meetings.

Bank Reconciliations
Based on inquiry, the OISF Treasurer prepares bank reconciliations and an external CPA reviews them. We selected four bank statements and reconciliations each year for a total of twelve.

Results: The December 2016 bank reconciliation did not agree with the general ledger and was not performed by the external CPA until May of 2017. The majority of reconcil iations were not performed timely by the end of the following month. Some reconciliations were prepared by th e T r e a s u r e r a n d d i d n o t s h o w i n d i c a t i o n that they were reviewed by the external CPA.

Recommendation: We recommend that bank reconciliations are performed within two weeks after the end of the month. Timely bank reconciliations are prudent and necessar y to ensure that accounting records match the amounts held on deposit. Furthermore, the preparer of the r econciliation should be someone other than the Treasurer (see segregation of duties, below), or the extern al CPA should review and indicate this review in a manner such as initialing.

Financial Statements
OISF records financial transacti ons in QuickBooks using cash ba sis accounting and uses this recorded information to report its not‐fo r ‐ p r o f i t t a x r e t u r n s . P e r t h e agreement with the City of Orange, OISF is r e q u i r e d t o s u b m i t a w r i t t e n a n d oral report summarizing the ac t i v i t i e s o f O I S F i n c l u d i n g a f i n a n c i a l statement to the City council on or before the first Council mee t i n g i n A p r i l o f t h e f o l l o w i n g y e a r . W e u s e d QuickBooks general ledger reports to select transaction samples, and verify selected balances in the trial balance. We evaluated four bank statements and bank reconciliat ions for each month for the three years. We also compared general ledger accounts side by side for three years to provide perspective for our procedures.

D u r i n g i n q u i r y a n d r e v i e w o f p o l i c i e s , w e n o t e d t h a t t h e T r e a s urer has significant duties in each of the accounting cycles. Below is a listing of duties that the Treasurer performs:

 Invoicing

Collecting deposits and fees
 Recording all checks in the general ledger
 Depositing checks
 Reporting at each OISF board meeting
467

7 CITY OF ORANGE
ACCOUNTANTS' AGREED UPON PROCEDURES REPORT
Orange International Street Fair
February, 2019

Financial Statements (continued)
 Signs checks (one signature required if under $2,000, two signa tures if over $2,000 or an electronic check)
 Performs bank reconciliation (reviewed by independent CPA)  Oversees wristband sales counting procedure

Results: We verified that amounts recorded on the trial balance of OISF agreed with not‐for‐profit tax returns filed for 2016 and 2017. We noted during our comparison of thre e years of unaudited financial data from QuickBooks several significant changes in general ledger accounts as follows:
 Cup surcharge revenue was:
o 2016: $91,143.00
o 2017: $0.00
o 2018: $102,206.50
This variance was because cup surcharge revenue in 2016 included 2015 surcharge revenue, and 2017 surcharge revenue was received in January, 2018, and so was included in the 2018 ledger.  Wristband sales were:
o 2016: $131,354.37
o 2017: $97,134.50
o 2018: $127,613.66
It is believed that weather factored into the decreased revenues for 2017.  Payment for a salary was made in 2016 for a paid executive position which was discontinued in 2017 and 2018. During inquiry, it was explained that the Board confir m e d t h e p a y d u r i n g a m e e t i n g b u t there was no signed contract. We noted during a review of minut es the discussion of the executive director contract in March of 2016, pending legal review and th en the decision to end payments in December of 2016.

 OISF office rental/lease payments were:
o 2016: $20,744.86
o 2017: $1,260.39
o 2018: $20,700.00
O I S F t h o u g h t t h a t t h e s e w e r e c o n s i s t e n t p a y m e n t s a n n u a l l y a n d the reason for the change was unknown.
 Commercial booth fees were:
o 2016: $70,375.00
o 2017: $53,050.00
o 2018: $65,970.00
The expectation was that these f ees would be consistent from ye ar to year with the fair operating at full capacity.
 The charge to the City of Orange was not recorded in the 2018 g eneral ledger for $256,198.95. This seems to be a timing difference and the difference in recording t h e e x p e n s e i n c a s h b a s i s v e r s u s accrual.
 The accounts receivable aging summary at December 31, 2018, shows receivables over 90 days in the amount of $6,350.

468

8 CITY OF ORANGE
ACCOUNTANTS' AGREED UPON PROCEDURES REPORT
Orange International Street Fair
February, 2019

Financial Statements (continued)

Recommendations: We recommend that OISF fulfill the financial statement requirement with the City by submitting reviewed or audited financial statements annually, at a minimum, at the end of each contract period. We also recommend that the duties that the Treasurer is currently performing be segregated into the following groups and be performed by different members: authori zing transactions, rec ording transactions, and custody of assets. Proper segregation of duties is a key internal control that can protect or detect financial statement errors and can mitigate fraud or theft. The segregation of assignments should be part of OISF’s overall accounting policy and procedures.

469
470
471
Agenda Item
City Council
Item #: 7.5. 7/12/2022 File #: 22-0405
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Executive Management and Senior Management employees’classification, compensation, and terms of employment. Resolution Nos. 11410 and 11411.

2. SUMMARY
Resolution No. 11410 amends the compensation and terms of employment for the City’sExecutive Management and Senior Management employees for the period of July 1, 2022, through June 30, 2023.

Resolution No. 11411 amends the citywide salary schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11410. A Resolution of the City Council of the City of Orange relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees and recsinding Resolution No. 11332 and all amendments thereto.

2. Adopt Resolution No. 11411. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11397 and amending the citywide pay schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

4. FISCAL IMPACT
The total cost is $531,000 of which $415,000 is General Fund. These adjustments are currently included in the FY23 budget.

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
The City’s Top Management employees are not formally recognized as an employee bargaining group, but are covered by a City Council-adopted Resolution that provides for employee compensation and benefits. The Top Management Resolution covers the City’sdepartment heads, City of Orange Printed on 7/7/2022Page 1 of 3
powered by Legistar™
472
Item #: 7.5. 7/12/2022 File #: 22-0405
compensation and benefits. The Top Management Resolution covers the City’sdepartment heads, division managers, and other senior management employees. There are currently 65 employees covered by this Resolution.

If approved, the new Top Management Resolution will reflect the following provisions:

Provision Description
Term of Resolution July 1, 2022 through June 30, 2023.

Salary Across the board base salary increase of
three percent (3.0%) for Top Management
employees; Authorize equity adjustments
to Executive Management classifications
that are more than 10% below market
median and compaction adjustment to
Police Chief classification as follows: ·
Administrative Services Director 7.0% ·
Assistant City Manager 6.0% · Community
Development Director 8.0% · Community
Services Director 8.0% · Finance Director

10.5%; · Human Resources Director 8.0% ·
Police Chief 5.0% · Public Works Director

2.0% Salaries effective July 3, 2022, and
are incorporated into Monthly Salary
Range Tables as Appendices A and B.

Classification Changes Establish Building and Safety Manager classification and retitle the Emergency
Preparedness Manager classification to
Emergency Manager. Eliminate obsolete
classification of Equipment Superintendent
and transfer Finance Supervisor
classification to the Orange Management
Association.

Health Insurance Effective the pay period that includes January 1, 2023, increase the City’s
contribution toward medical insurance
benefits per employee by $75.00 per
month to be commensurate with other
management labor groups.

Language Changes Implement language clean-up to conform Resolution to current practices or
agreements.

7. ATTACHMENTS
· Resolution No. 11410
City of Orange Printed on 7/7/2022Page 2 of 3
powered by Legistar™
473
Item #: 7.5. 7/12/2022 File #: 22-0405
· Resolution No. 11411
City of Orange Printed on 7/7/2022Page 3 of 3
powered by Legistar™
474
Agenda Item
City Council
Item #: 7.5. 7/12/2022 File #: 22-0405
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Executive Management and Senior Management employees’classification, compensation, and terms of employment. Resolution Nos. 11410 and 11411.

Resolution No. 11411 amends the citywide salary schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total cost is $531,000 of which $415,000 is General Fund. These adjustments are currently included in the FY23 budget.

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
The City’s Top Management employees are not formally recognized as an employee bargaining group, but are covered by a City Council-adopted Resolution that provides for employee compensation and benefits. The Top Management Resolution covers the City’sdepartment heads, City of Orange Printed on 7/7/2022Page 1 of 3
powered by Legistar™
475
Item #: 7.5. 7/12/2022 File #: 22-0405
compensation and benefits. The Top Management Resolution covers the City’sdepartment heads, division managers, and other senior management employees. There are currently 65 employees covered by this Resolution.

If approved, the new Top Management Resolution will reflect the following provisions:

Provision Description
Term of Resolution July 1, 2022 through June 30, 2023.

10.5%; · Human Resources Director 8.0% ·
Police Chief 5.0% · Public Works Director

2.0% Salaries effective July 3, 2022, and
are incorporated into Monthly Salary
Range Tables as Appendices A and B.

Language Changes Implement language clean-up to conform Resolution to current practices or
agreements.

7. ATTACHMENTS
· Resolution No. 11410
City of Orange Printed on 7/7/2022Page 2 of 3
powered by Legistar™
476
Item #: 7.5. 7/12/2022 File #: 22-0405
· Resolution No. 11411
City of Orange Printed on 7/7/2022Page 3 of 3
powered by Legistar™
477
RESOLUTION NO. 11410

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RELATING TO THE

CLASSIFICATION, COMPENSATION, AND

TERMS OF EMPLOYMENT OF EXECUTIVE

MANAGEMENT AND SENIOR MANAGEMENT

EMPLOYEES, AND RESCINDING RESOLUTION
NO. 11332 AND ALL AMENDMENTS THERETO

WHEREAS, the employees covered by this Resolution constitute unrepresented management personnel; and

WHEREAS, the City Council has consulted with the City Manager concerning the proposed employment terms contained herein; and

WHEREAS, the classification of Emergency Preparedness Manager is proposed for a retitle to Emergency Manager; and

WHEREAS, the classification of Finance Supervisor is moved from Executive Management and Senior Management Resolution to the Orange Management Association and the obsolete classification of Equipment Maintenance Superintendent is eliminated; and

WHEREAS, the classification of Building and Safety Manager is proposed with the commensurate salary range within the Executive Management and Senior Management Resolution; and

WHEREAS, internal compaction and equity adjustments are being proposed for salary ranges of Executive Management classifications that are 10% or more below market median; and

WHEREAS, the City Council has determined that this Resolution shall set forth the wages, hours, and conditions of employment for the period of July 1, 2022 through June 30, 2023 for those management employees covered herein; and

WHEREAS, all salary ranges for the above classifications must be authorized by the City Council and published by the City in order for the salary range to be considered pension-reportable, pursuant to CalPERS law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Or ange hereby adopts the wages, hours, and conditions of employment through June 30, 2023 for Executive Management and Senior Management Employees contained in Appendices A and B, as fully set forth herein and rescinds Resolution No. 11332 and all amendments thereto.

478
2 ADOPTED this 12th day of July 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 )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

479

TOP MANAGEMENT RESOLUTION

JULY 1, 2022 THROUGH JUNE 30, 2023

480

TABLE OF CONTENTS

SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS. 1
SECTION 2. SALARY AND WAGE SCHEDULE. 1
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. 2 SECTION 4. BEGINNING RATES. 2
SECTION 5. SERVICE. 2
SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. 2
SECTION 7. REDUCTION IN SALARY STEPS. 3
SECTION 8. BILINGUAL ASSIGNMENT. 3
SECTION 9. LONGEVITY FOR SAFETY CHIEFS. 3
SECTION 10. EDUCATIONAL INCENTIVE PROGRAM. 4
SECTION 11. INCENTIVE PAY PLAN. 4
SECTION 12. PROMOTION. 4
SECTION 13. DEMOTION. 4
SECTION 14. REASSIGNMENT OF COMPENSATION RANGES. 5
SECTION 15. AT-WILL STATUS. 5
SECTION 16. ACTING TIME PAY. 5
SECTION 17. ADMINISTRATIVE LEAVE. 6
SECTION 18. HOLIDAYS. 6
SECTION 19. VACATION. 7
SECTION 20. PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES ELIGIBILITY FOR FRINGE BENEFITS. 9 SECTION 21. LEAVES OF ABSENCE. 9
SECTION 22. HEALTH INSURANCE. 15
SECTION 23. OTHER INSURANCES. 17
SECTION 24. RETIREMENT. 17
SECTION 25. OTHER FRINGE BENEFITS. 18
481

TABLE OF CONTENTS (CONTINUED)
ii
SECTION 26. DIRECT DEPOSIT. 20
SECTION 27. TRAVEL EXPENSE ALLOWED. 20
SECTION 28. GRIEVANCE PROCEDURE. 21
SECTION 29. EFFECTIVE DATES. 21
APPENDIX A EXECUTIVE MANAGEMENT 22
APPENDIX B SENIOR MANAGEMENT 23

[Remainder of page intentionally left blank.]
482

1 SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS.

A. A basic compensation plan is established for all Executive and Senior Management employees of the City of Orange who are now employed, or will in the future be employed in any of the classifications of employment listed in this Resolution and its Exhibits.

B. The compensation for the City Manager and City Attorney shall be established by contract and shall receive those benefits and be governed by all applicable rules and regulations related to those benefits provided for Executive Management.

C. Whenever the term "Department Head" is used, it shall be understood to include the City Manager and City Attorney when the personnel action affects a Department Head.

D. Whenever the term “Top Management” is used, it shall be understood to include all covered employees within this Resolution.

E. Whenever the term “Executive Management” is used, it shall be understood to include all classifications within Appendix A.

F. Whenever the term “Senior Management” is used, it shall be understood to include all classifications within Appendix B.

G. Except as amended by a written instrument formally approved by the City Council, the City Manager and City Attorney shall receive the fringe benefits that are afforded to Executive Management and shall have their compensation and terms of employment set forth herein.

SECTION 2. SALARY AND WAGE SCHEDULE.

The monthly salaries for employees covered by this Resolution are hereby incorporated, and listed in Appendices A and B.

The attached 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 inclusive. The minimum length of service required for advancement to the next higher step is provided in Sections 5 and

6. The City Manager reserves the right to grant an additional salary increase of up to five percent (5.0%) for any classifications described herein in Appendices A and B. Any such increases shall not exceed a total cost of one percent (1.0%) of payroll for Top Management employees.

In an effort to avoid compaction between classifications, the following classification shall be compensated with a salary differential as follows:

The Police Chief shall be paid at least ten percent (10.0%) above the base salary of the Police Captain classification.

[Remainder of page intentionally left blank.]

483

2 SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN.

The compensation ranges and steps contained in the attached salary schedule are monthly compensation rates.

For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be calculated to the nearest one-half (½) cent.

Part-time employees who are scheduled to work an average of at least 20 hours per week on a year-round basis may be considered for advancement to the next higher step upon completion of 2080 hours of employment.

SECTION 4. BEGINNING RATES.

A new employee of the City shall be paid the rate shown in Step A in the range allocated to the class of employment 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 in Steps B through F depending upon the employee's qualifications.

SECTION 5. SERVICE.

The word service, as used in this Resolution, shall be defined to mean continuous, full-time service in the 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) days by reason of resignation or discharge eliminate s the accumulated length of service time of such employee for the purpose of this Resolution. Em ployees re-entering the service of the City shall be considered as a new employee, except that the employee may and at the discretion of the City, be re-employed within one (1) 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 upon completion of the minimum length of service. The effective date of such merit increase, if granted, shall be the first day of the next pay period following the completion of the length of service required for such advancement. Advancement through the salary ranges Steps A through F may be granted only for continuous, meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of the position. 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 P erformance 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.

2) Advancements through the pay ranges Step A through Step F, shall occur, if granted, in yearly increments.
484

3 3) A lapse of service of thirty ( 30) continuous calendar days or more for any reason shall extend the due date for the merit performance evaluation by an equal number of days absent.

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 the employee be advanced to a higher pay step without regard to the minimum length of service requirements contained in this Resolution. With concurrence of the City Manager, t he Human Resources Director may, on the basis of a Department Head's recommendation, approve and effect such an advancement.

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 (1) or more steps upon the recommendation of the Department Head with the approval of the Human Resources Director. Such reduction shall take place only after the employee has been notified of the reasons and has had an opportunity to respond. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and such employee may be considered for re-advancement under the same provisions as contained in Subsection A of Section 6.

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 o r seniority may be obtained in a bilingual a ssignment and such assignment may be revoked at any time by the Human Resources Director or a duly authorized designee. 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. LONGEVITY FOR SAFETY CHIEFS.

A. In an effort to maintain equality with subordinate classifications, the Fire Chief shall be eligible for Longevity Pay as follows:

Years of Service Monthly
Incentive
15 $200.00
20 $400.00
25 $600.00

B. In an effort to maintain equality with subordinate classifications, the Police Chief shall be eligible for Longevity Pay as follows:

485

4 Years of Service Monthly
Incentive
15 $250.00
20 $500.00
25 $800.00

C. This form of pay, also referred to as “Longevity Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for classic members pursuant to CalPERS Regulations, Section 571(a)(1), and pensionable compensation for new members pursuant to CalPERS Regulations, Section 571.1(b)(1).

SECTION 10. EDUCATIONAL INCENTIVE PROGRAM.

A. Employees covered by this Resolution, other than the Police Chief and Fire Chief, with postgraduate degrees (i.e. Master’s degree or higher) shall be eligible to receiv e $500.00 per month.

B. In an effort to maintain equality with subordinate classifications, the Fire Chief shall receive $400.00 per month for a Bachelor’s degree or $600.00 per month for a Master’s degree.

C. In an effort to maintain equality with subordinate classifications, the Police Chief shall receive $700.00 for a Bachelor’s degree or $950.00 per month for a Master’s degree.

D. This form of pay, also referred to as “Educational Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for C lassic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for N ew Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 11. INCENTIVE PAY PLAN.

The City Manager may, for the employees covered by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at the City Manager’s full discretion.

SECTION 12. PROMOTION.

When an employee is promoted to a position in a higher classification, the employee may be assigned to the step in the new salary range which provides for at least a five percent (5%) increase. With the approval of the Department Head and Human Resources Director, the employee may be placed in the step in the new salary range as will grant the employee an increase of at least one, but not more than three salary steps.

SECTION 13. DEMOTION.

When an employee is demoted to a position in a lower classificati on, the salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:

A. The salary rate shall be reduced by at least one (1) step.

B. The new salary rate must be within the salary range for the classification to which the employee was demoted.

486

5 SECTION 14. REASSIGNMENT OF COMPENSATION RANGES.

Any employee who is employed in a classification which is assigned to a different pay range shall be retained in the same salary step in the new range as the employee previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however:

A. That if such retention results in the advancement of more than one (1) step, 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 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 is 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 equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired in such step toward advancement to the next higher step. If there is no equivalent step, the employee shall be placed in the step which is closest to, but not less than, the employee’s current salary step.

SECTION 15. AT-WILL STATUS.

Members of Top Management serve at the pleasure of the City Manager , with the exception of those members within the City Attorney’s Office who serve at the pleasure of the City Attorney. Consideration for advancement, reduction, demotion, termination, or reassignment shall be at the initiation of the City Manager or City Attorney, as applicable, and in accordance with the Orange Municipal Code. In addition, all employees covered by the Resolution are employed at-will and serve in accordance with Title 2 of the Orange Municipal Code.

SECTION 16. ACTING TIME PAY.

An employee shall receive acting time pay, as further defined below, at A Step of the higher class, or five percent (5%) above the employee's regular salary, whichever is greater, for work performed in the higher classification. The Department Head or the 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 lea ve of absence, said employee shall receive a Temporary Upgrade Pay premium. 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 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).

487

6 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 -of-class 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 17. ADMINISTRATIVE LEAVE.

Employees covered by this Resolution are exempt from Fair Labor Standards Act overtime provisions as executive, administrative, and professional employees. This Resolution establishes a pay system which provides all covered employees with sick leave and other leave which covered employees use for purposes of public accountability. However, the City will provide paid administrative leave as follows:

A. Regular full-time employees identified in Appendix A shall accrue 80 hours of administrative leave annually for continuous service;

B. Regular full-time employees identified in Appendix B shall accrue 63 hours of administrative leave annually for continuous service;

C. Employees hired after January 1
st of each year shall receive a prorated portion of the administrative leave during their first calendar year of employment;

D. The minimum charge to the employee's administrative 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;

E. Usage of administrative leave shall be at the convenience of the City with the approval of the respective Department Head or City Manager;

F. All administrative leave shall accrue January 1
st of each year;

G. Unused administrative leave at the end of the calendar year and upon retiring from City service and entering CalPERS as a retired annuitant shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C); and

H. Unused administrative leave upon separation for reasons other than retirement shall be forfeited.

SECTION 18. HOLIDAYS.

Employees covered by this Resolution shall receive the following nine (9) -hour paid holidays (10 hours for employees assigned to Fire or Police Departments), except as provided in item 9 below:

1) January 1st (New Year’s Day)
2) The 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)
488

7 6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) One-half day (4.5 hours) before Christmas if December 24 th falls on a Monday through Thursday (Christmas Eve); Half day (5 hours) for employees assigned to Fire or Police Departments
10) December 25th (Christmas Day)

A. Floating Holidays. In addition to the above, employees will have credited to their paid leave balance 22.5 floating holiday hours beginning January 1st of each year. Employees hired after January 1st of each year shall receive a prorated portion of the 22.5 floating holiday hours during their first calendar year of employment. The floating holiday hours shall be taken at the convenience of the City with the approval of the City Manager or the Department Head.

Unused floating holiday hours at the end of the calendar year or upon separation from City service shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C).

B. Holidays on Certain Days of the Wee k. In the event any of the above holidays, except one - half day before Christmas, fall on a Sunday, 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 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 one -half day before Christmas, employe es will be credited with nine (9) hours (ten (10) hours for employees assigned to the Fire and Police Departments) of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by June 30
th of the same fiscal year in which it was accumulated.

Unused holiday compensatory time shall be paid in cash to an employee upon separation of employment.

C. Eligibility to Receive Holiday Pay. In order to be eligible to receive holiday pay, an employee must have worked, or be de emed to have worked because of an approved absence, the employee's regularly scheduled day before and regularly scheduled day after the holiday.

Newly hired employees are provided with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines established in this Section, and/or with approval of the Human Resources Director.

D. Holidays 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 19. VACATION.

A. Vacation Accrual. All full-time regular employees described herein accrue paid vacation in accordance with the following schedules.

[Remainder of page intentionally left blank.]

489

8 1) For Executive Management, the following schedule shall apply:

Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 144 16 208
2 149 17 212
3 154 18 216
4 159 19 220
5 164 20 224
6 170 21 228
7 172 22 232
8 176 23 236
9 180 24 240
10 184 25 244
11 188 26 248
12 192 27 252
13 196 28 256
14 200 29 260
15 204 30 264

2) For Senior Management, the following schedule shall apply:

Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 104 16 188
2 114 17 192
3 124 18 196
4 134 19 200
5 144 20 204
6 148 21 208
7 152 22 212
8 156 23 216
9 160 24 220
10 164 25 224
11 168 26 228
12 172 27 232
13 176 28 236
14 180 29 240
15 184 30 244

B. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the City with the approval of the Department Head. Where possible, such vacation should be taken annually and not accumulated from year to year. Employees shall not accumulate vacation in excess of the equi valent number of hours earned in the immediately preceding 24 -month period. Employees with less than one (1) year’s continuous service shall accrue vacation but may not use vacation until successful completion of one (1) year’s continuous service, except with the approval of the City Manager, or in the event of a City Hall holiday closure, with approval of the Human Resources Director. Employees whose accumulated vacation reaches the above -defined limit shall receive no additional vacation accrual until such time as the accumulated vacation hours fall below the allowable limit. 490

9 C. Vacation Conversion. A n employee may convert up to 50% of their current annual vacation accrual into pay in lieu of time off with pay on an annual basis. An employee requesting such conversion must meet the eligibility requirements as set forth in Section 19(A)(1)(2) and may convert twice in a fiscal year, within the cap provisions stated above. Any exception to this provision requires the approval of the Human Resources Director.

D. Vacation Payout Upon Termination. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final 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.

SECTION 20. PART -TIME, TEMPORARY, AND SEASONAL EMPLOYEES ELIGIBILITY FOR FRINGE BENEFITS.

A. Definitions. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per year or months per year of work.

1) Regular part-time employees shall be those employees scheduled in the budget to work 20 or more hours per week on a year -round basis (52 weeks minus approved leave).

2) Temporary part-time employees shall be those employees scheduled in the budget to work less than 20 hours per week on a year-round basis (52 weeks minus approved leave).

3) Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year-round basis regardless of hours worked.

B. Entitlement to Fringe Benefits Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled to work to the normal 40-hour week on an annual basis.

The annual schedule for all eligible part -time employees shall be the schedule which is included in the City's approved budget or a schedule which is designated by Management at the commencement of the employee's employment with the City. This formula of proration shall apply to holiday pay, vacation, sick leave, flexible benefit contribution, disability insurance contribution, money purchase retirement plan, and CalPERS retirement contribution.

Regular part-time employees may receive step increases provided they have performed 2080 hours of service.

C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in the resolution or in any resolution of the City unless otherwise required by law.

SECTION 21. LEAVES OF ABSENCE.

A. Leave of Absence Without Pay. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:

491

10 1) After all available leave benefits, including vacation, administrative leave, floating holiday, compensatory time, sick leave, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay or benefits. No such leave will be considered absent a written application from the employee requesting leave.

2) 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. The employee shall not be continued “in service” as that term is defined in this Resolution.

3) 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 Section 21I . During such leave in excess of five (5) working days, no seniority shall be accumulated.

4) Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made thr ough and as prescribed by the Payroll Division. The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave.

5) At the end of any approved 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 approved leave, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such 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 up to, but not to exceed, an additional six (6) months.

6) 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 abandoned their employment with the City and shall be terminated.

7) An employee on leave of absence must give the City at least seven (7) days’ written notice of their intent to return to work prior to returning to work.

8) 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.

9) Any employee who falsifies the reason for the request for said leave of absence may be terminated.

492

11 10) Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain their seniority rights.

11) Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department.

12) The City Manager 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.)

B. Jury Duty and Services as Witness for City. When required to serve on a jury, all employees shall be provided with paid time off for a period of actual service required on the jury, provided all jury fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. Once an employee has completed jury service, the employee must provide the Certificate of Jury Service to the immediate supervisor to qualify for jury duty compensation. If an employee is called as a witness on behalf of the City, the employee shall receive their normal pay for the time spent by the employee serving as a witness for the City.

An employee 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. Any exceptions to this provision must meet the approval of the Human Resources Director.

C. Military Leave of Absence. If an employee is required to take military training two (2) weeks or more each year, the employee shall be entitled to military leave of absence under the provisions of State law, found in applicable sections of the Military and Veterans' Code. An employee must provide a copy of the military orders to the Human Resources Department to qualify for a military leave of absence.

D. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:

1) For employees working a regular 40- hour week, eight (8) hours of sick leave will accrue for each month of continuous service.

2) All non-benefited employees shall receive sick leave as required by State law.

3) Sick leave will be charged at the rate of one- quarter (¼) hour for each one-quarter (¼) hour an employee is absent.

4)
Employees who promote to Top Management shall have all their sick leave hours placed into a sick leave accrual bank.

5) Any employee eligible for sick leave with pay may use such leave for the following reasons:

493

12 (a) Medical and dental office appointments during work hours when authorized by the Department Head or a duly authorized designee; and/or

(b) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth, and other medically related conditions.

6) Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided for in Subsection E below.

7) 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 Depar tment Head shall be responsible for control of employee abuse of the sick leave privilege.

Employees may, upon prior notice and in the complete discretion of the Department Head, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness.

8) Sick Leave Payout Program. Unused sick leave shall be paid off according to the following:

(a) Employees with sick leave usage of 0.0 to 27.0 hours per payroll calendar yea r will have the option to convert 40 hours of their unused sick leave to vacation in the first pay period of the following year.

(b) Employees with sick leave usage of 27.25 to 36.0 hours per payroll calendar year may convert 30 hours of unused sick leave to vacation the following year.

(c) Employees must have a minimum balance of 180 hours of sick leave, combining both sick leave banks, available after conversion. In addition, no hours will be converted to vacation if said conversion places the employee’s vacation bank over the maximum allowable accrual. Conversion of sick leave to vacation shall occur in the first pay period of January based upon sick leave usage during the previous payroll calendar year.

(d) Any sick leave converted to vacation shall be subj ect to the provisions described in Section 19. The employee must file a sick leave payout designation form each year, if eligible for the conversion of unused sick leave to vacation. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account. Employees shall still be subject 494

13 to the maximum vacation accrual at any given time equivalent to 24 months’ worth of accrued hours. Any request to convert which exceeds the maximum vacation accrual allotted shall not be converted to vacation, and shall remain in the employee’s sick leave bank.

(e) Upon retirement from employment with the City and
entering the CalPERS as a retired annuitant , an employee with a minimum of five (5) years of continuous service to the City shall receive pay for 50% of all unused sick leave hours. The cash value of this unused sick leave payout will be deposited into the employee’s Retirement Health Savings Plan account, as described in Section 24(C).

(f) Upon separation of employment from the City for any reason, other than retirement as noted in the preceding paragraph an employee shall receive no pay for the first 100 hours (0 to 100 hours) of accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 to 200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 to 352 hours). No pay shall be received for any accruals higher than 352 hours.

(g) Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits up to 352 hours 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.

E. 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 illness 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 (under the same roof); and any parent, substitute parent, parent -in- law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, regardless of residence. Part -time benefited employees are allowed to use up to one-half of their annual accrual of sick leave for family leave purposes.

F. Bereavement Leave. Regular full-time employees shall be entitled to take up to three (3) days of paid bereavement leave per incident on the following terms and conditions:

1) 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.

495

14 2) 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.

G. Workers’ Compensation Leave for Safety Employees. For the classifications of Fire Chief and Police Chief, salary continuance, including Labor Code Section 4850 leave, will be provided in accordance to current State Workers’ Compensation laws and regulations.

H. Workers’ Compensation Leave for Non-Safety Employees. For the remaining classifications described in Appendi ces A and B herein, Workers’ Compensation leave shall be granted as follows:

1) A regular employee shall be granted temporary disability leave in accordance with the current State Workers’ Compensation laws and regulations. When a City employee is entitled 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 365 days starting from the date of injury. Temporary disability leave in excess of 365 days will be provided subject to current State Workers’ Compensation laws and regulations.

2) Should it be determined by 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 pursuant to above.

3) An employee receiving benefits pursuant to Workers’ Compensation Temporary Disability 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, an d other applicable insurances.

4) Temporary Disability leave shall expire when the first of any of the following conditions occur:

(a) The employee is able to return to work and assume the duties of the regular position.

(b) The employee is able to return to work to another position designated by the City.

496

15 (c) The day before the employee is retired or separated for disability. The employee's "retirement date" shall be determined by CalPERS.

5) Before a work -related injury, an employee may elect to pre -designate a qualified medical provider if done in accordance with Workers’ Compensation laws and regulations.

I. Family Care and Medical Leave (FCML). State and Federal 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 Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) 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 Resour ces Director.

1) Amount of Leave. Eligible employees are entitled to a total of 12 work weeks of leave during any 12 -month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

The 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 12-month period to determine how much leave has been used in determining how much leave a member is entitled to.

2) Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee must exhaust all accrued leaves (except sick leave) in connection with the leave. This includes vacation, holiday, and other compensatory accruals. If an employee requests leave for the employee’s own 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 the Family Care and Medical Leave.

3) Required Forms. Employees must fill ou t required forms, available in the Human Resources Department, including: Request for Family or Medical Leave; Medical Certification; Authorization for Payroll Deductions for benefit plan coverages (if applicable); and Fitness-for-Duty to return from leave.

SECTION 22. 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. Retired Annuitant. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of Cal PERS to the extent required by law, a contribution of $149.00 per month ($151.00 for 2023). This contribution 497

16 shall be adjusted annually on January 1 st to the amount set by the CalPERS Board of Administration.

B. 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 reimbursement, dependent care, or cash as established by the Internal Revenue Service. The following amounts include the minimum amount required under PEMCHA, which is $149.00 per month ($151.00 for 2022). This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.

C. Any amounts in excess of the amount designated in Section 22B necessary to maintain benefits under any benefits plan selected by the employee shall be borne by the employee.

D. An employee cannot be enrolled in the Cal PERS Health Benefits Plan if a spouse is enrolled in the City or enrolled in an agency with CalPERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose not to be enrolled in the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan, the employee must provide proof, as determined by the Human Resources Director, that comparable medical insurance is in full force and effect. Based on determination that insurance is in full force and effect, eligible employees shall receive the amount designated below.

1) Employees who were members of Top Management on or before December 31, 2020, OR have a hire date prior to July 1, 2019 (with the exception of the Police Chief and Fire Chief), shall receive the amount designated in Section 22B towards the Flexible Benefit Plan.

2) Employees in the classifications of Police Chief or Fire Chief with a hire date prior to March 29, 2020, shall receive the amount designated in Section 22B towards the Flexible Benefit Plan.

3) For employees that do not meet the criteria of Sections 1 or 2 above, Executive Management shall receive $750.00 per month, and members of Senior Management shall receive $500.00 per month.

In the event the employee loses eligibility (with documentation), the employee must 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.

[Remainder of page intentionally left blank.]

Effective Date Executive
Management
Senior
Management
January 1, 2022 $2,190.00 $1,880.00
January 1, 2023 $2,265.00 $1,955.00
498

17 SECTION 23. OTHER INSURANCES.

A. Life Insurance.

1) For employees described herein in Appendix A, the City shall contribute the full premium towards a $150,000.00 life insurance benefit.

2) For employees described herein in Appendix B, the City shall contribute the full premium towards a $75,000.00 life insurance benefit.

B. Disability Insurance. The City shall provide a long term disability plan with a long term disability benefit of two-thirds of salary, after a 60 -day elimination period, to a maximum of $12,000.00 per month for employees described herein in Appendix A, and a maximum of $8,000.00 per month for employees described herein in Appendix B.

C. Medicare Insurance. The City shall pay for the employee's portion of the contribution for Medicare coverage for all employees hired after March 31, 1986.

SECTION 24. RETIREMENT.

A. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to, the following retirement benefits:

1) Miscellaneous Retirement Formula – 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 Public Employees’ Pension Reform Act (PEPRA).

2) Miscellaneous Retirement Formula – Classic Members. Miscellaneous employees who are not defined as New Members as outlined in Subsection 1 above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measuremen t period set forth in California Government Code Section 20042. These Classic Members shall contribute 8% of their compensation earnable, on a pre-tax basis.

3) Safety Retirement Formula – New Members. Safety employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2.7% @ age 57 retirement formula as set forth in California Government Code Section 7522.25(d). These New Members are subject to the three (3) year final compensation measurement period set forth in California Government Code Section 7522.32. These New Members shall contribute fifty percent of normal cost of retirement as determined by CalPERS from their 499

18 pensionable compensation, on a pre-tax basis, as set forth in California Government Code Section 7522.30(c). In all other respects, New Members shall be subject to the terms and requirements of PEPRA.

4) Safety Retirement Formula – Classic Members. Safety employees who are not defined as New Members as outlined in Subsection 3 above are defined as Classic Members of CalPERS and are subject to the 3% @ age 50 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 as set forth in California Government Code Section 20042. These Classic Members shall contribute 9% of their compensation earnable, on a pre-tax basis.

5) 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.

B. Money Purchase Retirement Plan. The City provides a Money Purchase Retirement Plan for employees covered by this resolution. The City shall contribute an amount equal to three percent (3%) of the employees' base salary as shown in Appendi ces A and B toward an IRS Section 401(a) account. In lieu of this City provided benefit, the employee may elect to have added to the employee’s base salary an additional three percent (3%), however this three percent (3%) is not reported to CalPERS as pensionable compensation. This election can be made only upon initial employment and is irrevocable.

C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a Retirement Health Savings Plan for employees covered by this Resolution. Effective January 1, 2008, all Top Management employees are required to participate in the plan by making the following tax-deferred contributions to the plan:

1) The cash value of the employee’s unused floating holiday hours at the end of each calendar year or upon separation from City service;

2) The cash value of the employee’s unused administrative leave balance at the end of each calendar year or upon retirement from City service and entering CalPERS as a retired annuitant; and

3) The full cash value of the employee’s unused sick leave payout upon retirement from City service (i.e., 50% of all unused sick leave hours for qualified employees) and entering CalPERS as a retired annuitant.

SECTION 25. OTHER FRINGE BENEFITS.

A. Wellness Program. Senior management employees may receive up to $550.00 per fiscal year ($850.00 for Executive Management) towards reimbursement for items 1, 2, 3, and/or 4 below. 500

19 Requests for the items below 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/smoking cessation/wellness/fitness program. 3) Fitness equipment (home gym equipment).
4) An annual medical examination/scan where the content and extent of the examination of each individual shall be determined by the physician in charge and shall be tailored to the individual's particular needs.

The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses.

B. Educational Assistance. The City will reimburse employees for the cost of tuition, textbooks, parking fees, and health fees required for approved community college and college courses, as well as job-required licensing, testing, renewal, and registration fees. An approved cour se is one designated to directly improve the knowledge of the employee relative to their specific job, and must be approved by the Department Head and the Human Resources Director prior to registration. Full reimbursement up to the amount specified below will be provided based upon completion of the approved course(s) with a final grade of C or better.

Educational assistance payments to an employee shall not exceed $1,500.00 in any one fiscal year and the employee must still be employed by the City when the course is completed.

The City agrees to allow reimbursement to Executive Management up to $1,000.00, and Senior Management up to $800.00 of the $1,500.00 allotted per fiscal year for activities which aid in their professional development. Reimbursable activities include the following:

1) Attendance at job-related professional conferences and seminars; 2) Payment of membership dues 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 their duties.

Participation and/or purchase must be approved in advance by the Department Head and the Human Resources Director.

The above reimbursable activities are made to recognize and encourage staff to pursue educational and public relations oriented activities beyond those normally budgeted for them by their departments and in which they are directed to participate. Approved activities are those which may be expected to further their knowledge of their jobs and the Orange community and which contribute to their improved effectiveness.

Individual 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 the staff's knowledge.

C. Uniforms. The City shall pay and report to CalPERS the following values for uniform expenses: $1,000.00 per year for the Fire Chief, $1,000.00 per year for the Police Chief, and $400.00 per year for the Emergency Medical Services Manager and $400.00 per year for the 501

20 Senior Emergency Medical Services Manager. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for C lassic Members pursuant to CalPERS Regulations, Section 571(a)(5). This uniform expenditure will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by PEPRA.

D. Rideshare Incentive Program. An employee may receive $30.00 per month and eight (8) hours compensatory time every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to and from the work-site. To qualify for these incentives, an employee must use one of the above forms of transportation 70% of commuting time. This $30.00 per month compensation is not pension reportable pursuant to CalPERS Regulations.

E. Technology Stipend. In lieu of being provided a City- issued cell phone pursuant to Section

1.63 of the City’s Administrative Policy Manual, designated employees shall receive $50.00 per month as reimbursement for any and all cost related to the purchase and use of a cell phone for City-related business. For purposes of this section, designated employees are those that the Department Head have determined are required to carry cell phones so that they may be contacted when they are away from their office phone or computer. This $ 50.00 per month compensation is not pension reportable pursuant to CalPERS Regulations.

SECTION 26. DIRECT DEPOSIT.

All employees must participate in the City’s direct deposit paycheck program.

SECTION 27. TRAVEL EXPENSE ALLOWED.

A. Mileage Reimbursement. Expense claims for the use of private automobiles must be authorized by the Department Head , and submitted to the Accounts Payable D ivision 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.

B. Out-of-City Travel. If the estimated expense of contemplated travel outside of the City is too great to expect the employee to finance the trip and be reimbursed upon the employee’s return, the City M anager may authorize advance payment of the estimated amount of the travel expense to the employee.

C. Economy class airfare will be considered standard for out-of-town travel.

D. 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.

E. Transportation and Expense Charges. Expenses for air, rail, or public transportation will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for the conduct of City business.

502

21 1) Expenses 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.
2) Telephone charges will be allowed for official calls. 3) Expenses for meals will be reimbursed according to Administrative Policy 4.13.

SECTION 28. GRIEVANCE PROCEDURE.

Any employee covered by this Resolution who wishes to file a grievance should follow the procedures outlined in the City’s Employee Handbook.

SECTION 29. EFFECTIVE DATES.

This Resolution and exhibits hereto shall be effective as of July 1, 2022 and shall continue in full force and effect until June 30, 2023 unless otherwise amended.

[Remainder of page intentionally left blank.]

503

22 APPENDIX A

EXECUTIVE MANAGEMENT

MONTHLY SALARY RANGES
EFFECTIVE JULY 3, 2022

3.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director1 740 14291 15022 15786 16592 17438 18327 Assistant City Manager2 749 14948 15712 16511 17354 18239 19169 City Clerk Services Director 644 8854 9307 9780 10279 10804 11354 Community Development Director3 730 13596 14291 15018 15785 16590 17436 Community Services Director4 725 13261 13939 14648 15396 16181 17006 Finance Director5 730 13596 14291 15018 15785 16590 17436 Fire Chief 753 15249 16029 16844 17704 18607 19555
Human Resources Director6 725 13261 13939 14648 15396 16181 17006 Library Services Director 695 11418 12002 12612 13257 13933 14643 Police Chief7 774 16935 17801 18706 19661 20664 21718
Public Works Director8 730 13596 14291 15018 15785 16590 17436

1. Administrative Services Director classification receives an equity adjustment of 7.0%.

2. Assistant City Manager classification receives an equity adjustment of 6.0%.

3. Community Development Director classification receives an equity adjustment of 8.0%.

4. Community Services Director classification receives an equity adjustment of 8.0%.

5. Finance Director classification receives an equity adjustment of 10.5%.

6. Human Resources Director classification receives an equity adjustment of 8.0%.

7. Police Chief classification receives an internal compaction adjustment of 5.0%.

8. Public Works Director classification receives an equity adjustment of 2.0%.

EFFECTIVE JUNE 20, 2021

3.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director 720 12935 13596 14287 15017 15783 16587 Assistant City Manager 731 13664 14363 15093 15864 16673 17523 City Clerk Services Director1 638 8593 9033 9491 9976 10485 11020 Community Development Director 708 12183 12806 13457 14145 14866 15624 Community Services Director 703 11883 12491 13126 13796 14500 15239 Finance Director 703 11883 12491 13126 13796 14500 15239 Fire Chief 747 14799 15556 16347 17182 18058 18979
Human Resources Director 703 11883 12491 13126 13796 14500 15239 Library Services Director 689 11082 11648 12240 12866 13522 14211 Police Chief 758 15635 16434 17269 18152 19077 20050
Public Works Director 720 12935 13596 14287 15017 15783 16587

1. Retitle the Chief Clerk to City Clerk Services Director effective June 8, 2021 pursuant to Resolution No. 11332.

2. Police Chief classification receives an equity adjustment of 3.0%. 504

23 APPENDIX B

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

EFFECTIVE JULY 3, 2022

3.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager 624 8014 8423 8851 9303 9779 10276
Administrative Analyst I 554 5652 5940 6243 6562 6896 7248 Administrative Analyst II 574 6245 6563 6898 7250 7620 8008 Assistant City Attorney I 680 10595 11137 11703 12301 12928 13587 Assistant City Attorney II 690 11137 11707 12302 12930 13590 14282 Assistant Community Devel. Director 688 11027 11590 12180 12802 13455 14140 Assistant Community Services Director 675 10335 10863 11415 11998 12610 13253 Assistant Field Services Manager 655 9354 9832 10332 10859 11413 11994 Assistant Finance Director 675 10335 10863 11415 11998 12610 13253 Assistant Human Resources Director 675 10335 10863 11415 11998 12610 13253 Assistant Library Services Director 634 8423 8854 9304 9779 10278 10802 Assistant Public Works Director 700 11707 12305 12931 13591 14284 15013 Assistant to the City Manager 624 8014 8423 8851 9303 9779 10276 Assistant Water Manager 655 9354 9832 10332 10859 11413 11994 Budget Manager 624 8014 8423 8851 9303 9779 10276
Budget Officer 614 7624 8014 8421 8851 9302 9776
Building and Safety Manager 655 9354 9832 10332 10859 11413 11994 Chief Building Official 675 10335 10863 11415 11998 12610 13253 Crime Analyst 572 6183 6498 6830 7178 7544 7929
Deputy City Clerk 576 6308 6629 6968 7323 7696 8089
Deputy City Manager 688 11027 11590 12180 12802 13455 14140 Deputy Public Works Director 690 11137 11707 12302 12930 13590 14282 Economic Development Manager 675 10335 10863 11415 11998 12610 13253 Economic Development Project Manager 624 8014 8423 8851 9303 9779 10276 Emergency Manager 1 639 8636 9078 9539 10026 10538 11075 Emergency Medical Services Manager 639 8636 9078 9539 10026 10538 11075 Employee Benefits Analyst 567 6031 6338 6662 7001 7358 7734 Executive Assistant 521 4794 5039 5296 5566 5850 6148
Executive Assistant to the Chief 541 5297 5568 5851 6150 6463 6793 Field Services Manager 675 10335 10863 11415 11998 12610 13253 Finance Manager 606 7325 7700 8091 8504 8938 9394
Financial Analyst 578 6371 6696 7037 7396 7773 8170
Housing Manager 624 8014 8423 8851 9303 9779 10276
Human Resources Analyst I 559 5795 6090 6401 6727 7070 7431

505

24 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst II 586 6630 6969 7324 7697 8090 8503 Human Resources Manager 655 9354 9832 10332 10859 11413 11994 Information Technology Manager 675 10335 10863 11415 11998 12610 13253 Information Technology Project Manager 655 9354 9832 10332 10859 11413 11994 Intergovernmental & Comm Affairs Mgr 666 9881 10386 10914 11471 12057 12671 Internal Audit Manager 624 8014 8423 8851 9303 9779 10276 Investment/Revenue Officer 594 6900 7253 7621 8010 8419 8848 Manager of Trans Svcs/City Traffic Eng 675 10335 10863 11415 11998 12610 13253 Network/Security Analyst 605 7289 7662 8051 8462 8894 9347 Parks and Facilities Manager 655 9354 9832 10332 10859 11413 11994 Payroll Manager 624 8014 8423 8851 9303 9779 10276
Planning Manager 675 10335 10863 11415 11998 12610 13253 Principal Civil Engineer 655 9354 9832 10332 10859 11413 11994 Principal Planner 644 8854 9307 9780 10279 10804 11354
Public Affairs & Information Manager 624 8014 8423 8851 9303 9779 10276 Public Works Administrative Manager 624 8014 8423 8851 9303 9779 10276 Purchasing Officer 606 7325 7700 8091 8504 8938 9394
Recreation Services Manager 645 8898 9354 9829 10330 10858 11411 Risk Management Analyst 557 5737 6030 6338 6661 7000 7357 Risk Manager 659 9541 10030 10539 11077 11643 12236
Senior Administrative Analyst 604 7253 7624 8011 8420 8850 9300 Senior Assistant City Attorney 710 12305 12934 13592 14286 15015 15780 Senior Assistant to the City Manager 655 9354 9832 10332 10859 11413 11994 Senior Econ Development Project Mgr 650 9123 9590 10077 10591 11132 11699 Senior Emergency Medical Svcs Mgr 675 10335 10863 11415 11998 12610 13253 Senior Executive Assistant to the City
Council and the City Manager 571 6152 6466 6795 7143 7507 7889 Senior Housing Manager 650 9123 9590 10077 10591 11132 11699 Senior Human Resources Analyst 616 7700 8094 8505 8940 9396 9874 Senior Library Manager 614 7624 8014 8421 8851 9302 9776 Systems Analyst 605 7289 7662 8051 8462 8894 9347
Water Manager 675 10335 10863 11415 11998 12610 13253

1. Retitle the Emergency Preparedness Manager classification to Emergency Manager effective July 3, 2022 pursuant to Resolution No. 11410..

2. Classification of Building and Safety Manager was established effective July 3, 2022 pursuant to Resolution No. 11410.

506

25 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

EFFECTIVE JUNE 20, 2021

3.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager 618 7778 8175 8590 9029 9490 9974
Administrative Analyst I 548 5485 5766 6059 6369 6693 7035 Administrative Analyst II 568 6061 6370 6695 7036 7395 7772 Assistant City Attorney I 674 10283 10809 11359 11938 12547 13187 Assistant City Attorney II 684 10809 11361 11939 12549 13189 13861 Assistant Community Devel. Director 682 10702 11249 11820 12424 13058 13724 Assistant Community Services Director 669 10030 10542 11078 11644 12239 12862 Assistant Field Services Manager 649 9078 9542 10027 10539 11077 11641 Assistant Finance Director 669 10030 10542 11078 11644 12239 12862 Assistant Human Resources Director 669 10030 10542 11078 11644 12239 12862 Assistant Library Services Director 628 8175 8593 9029 9491 9975 10483 Assistant Public Works Director 694 11362 11942 12550 13191 13863 14570 Assistant to the City Manager 618 7778 8175 8590 9029 9490 9974 Assistant Water Manager 649 9078 9542 10027 10539 11077 11641 Budget Manager 618 7778 8175 8590 9029 9490 9974
Budget Officer 608 7399 7778 8172 8590 9028 9488
Chief Building Official 669 10030 10542 11078 11644 12239 12862 Crime Analyst 566 6001 6307 6629 6966 7322 7695
Deputy City Clerk 570 6121 6434 6762 7107 7469 7850
Deputy City Manager 682 10702 11249 11820 12424 13058 13724 Deputy Public Works Director 684 10809 11361 11939 12549 13189 13861 Economic Development Manager 669 10030 10542 11078 11644 12239 12862 Economic Development Project Manager 618 7778 8175 8590 9029 9490 9974 Emergency Medical Services Manager 633 8381 8810 9258 9730 10227 10748 Emergency Preparedness Manager1 633 8381 8810 9258 9730 10227 10748 Employee Benefits Analyst 561 5853 6152 6465 6795 7142 7505 Equipment Maint. Superintendent 621 7895 8298 8720 9165 9633 10124 Executive Assistant 515 4653 4890 5140 5402 5677 5967
Executive Assistant to the Chief 535 5141 5403 5679 5969 6273 6593 Field Services Manager 669 10030 10542 11078 11644 12239 12862 Finance Manager 600 7110 7473 7853 8254 8675 9116
Finance Supervisor 580 6435 6763 7108 7470 7851 8252
Financial Analyst 572 6183 6498 6830 7178 7544 7929
Housing Manager 618 7778 8175 8590 9029 9490 9974
Human Resources Analyst I 553 5624 5911 6212 6529 6862 7212 Human Resources Analyst II 580 6435 6763 7108 7470 7851 8252 Human Resources Manager 649 9078 9542 10027 10539 11077 11641

507

26 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Information Technology Manager 669 10030 10542 11078 11644 12239 12862 Information Technology Project Manager 649 9078 9542 10027 10539 11077 11641 Intergovernmental & Comm Affairs Mgr 660 9589 10080 10592 11132 11701 12297 Internal Audit Manager 618 7778 8175 8590 9029 9490 9974 Investment/Revenue Officer 588 6696 7039 7397 7774 8171 8588 Manager of Trans Svcs/City Traffic Eng 669 10030 10542 11078 11644 12239 12862 Network/Security Analyst 599 7074 7436 7814 8213 8632 9071 Parks and Facilities Manager 649 9078 9542 10027 10539 11077 11641 Payroll Manager 618 7778 8175 8590 9029 9490 9974
Planning Manager 669 10030 10542 11078 11644 12239 12862 Principal Civil Engineer 649 9078 9542 10027 10539 11077 11641 Principal Planner 638 8593 9033 9491 9976 10485 11020
Public Affairs & Information Manager 618 7778 8175 8590 9029 9490 9974 Public Works Administrative Manager 618 7778 8175 8590 9029 9490 9974 Purchasing Officer 600 7110 7473 7853 8254 8675 9116
Recreation Services Manager 639 8636 9078 9539 10026 10538 11075 Risk Management Analyst 551 5569 5852 6151 6464 6794 7141 Risk Manager 653 9261 9734 10229 10751 11300 11875
Senior Administrative Analyst 598 7039 7399 7775 8172 8589 9026 Senior Assistant City Attorney 704 11943 12553 13191 13865 14572 15315 Senior Assistant to the City Manager 649 9078 9542 10027 10539 11077 11641 Senior Econ Development Project Mgr 644 8854 9307 9780 10279 10804 11354 Senior Emergency Medical Svcs Mgr 669 10030 10542 11078 11644 12239 12862 Senior Executive Assistant to the City
Council and the City Manager 565 5971 6275 6596 6931 7285 7657 Senior Housing Manager 644 8854 9307 9780 10279 10804 11354 Senior Human Resources Analyst 610 7473 7855 8254 8676 9119 9583 Senior Library Manager 608 7399 7778 8172 8590 9028 9488 Systems Analyst 599 7074 7436 7814 8213 8632 9071
Water Manager 669 10030 10542 11078 11644 12239 12862

1. Establish the classification and salary range for Emergency Preparedness Manager effective June 8, 2021 pursuant to Resolution No. 11332.

508
RESOLUTION NO. 11411

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11397 AND AMENDING THE CITYWIDE PAY

SCHEDULE IN ACCORDANCE WITH THE

REQUIREMENTS OF CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5

WHEREAS, the City of Orange, (“City”), contracts with the California Public Employees’ Retirement System to provide retirement benefits for its employees; and

WHEREAS, per California Code of Regulations, Title 2, Section 570.5 (“Regulation 570.5”), the amount of “compensation earnable” pursuant to the Government Code is limited to the payrate listed on a pay schedule that meets certain requirements; and

WHEREAS, the attached Citywide Pay Schedule meets the following requirements of Regulation 570.5 : (1) is duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws; (2) identifies the position title of every employee; (3) shows the pay rate for each position; (4) indicates the time base for each pay rate; (5) is posted at the office of the employer or immediately accessible for public review during normal business hours or posted on the employer’s internet website; (6) indicates an effective date and date of any revisions; (7) is retained by the employer and available for public inspection for a period not less than five years ; and (8) does not reference another document in lieu of disclosing the pay rate; and

WHEREAS, on June 14, 2022, the City Council approved the Agreement for Employment for the City Attorney. Effective upon the execution of the agreement, the salary of the City Attorney classification increased to $ 22,750.00 per month. This salary adjustment has been incorporated into the attached Salary Schedule dated June 19, 2022; and

WHEREAS, on July 12, 2022, the City Council approved Resolution No. 11410, relating to the classification, compensation, and terms of employment of Executive Management and Senior Management Employees, with an effective date of July 3, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Resolution No. 11397 is hereby rescinded and the attached revised Citywide Pay Schedule s contained in Attachments “A” and “B” are approved and adopted.

ADOPTED this day of , 2022.

Mark A. Murphy, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
509
2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

510
Attachment A
511
512
513
514
515
Attachment B
516
517
518
519
520
Agenda Item
City Council
Item #: 9.1. 7/12/2022 File #: 22-0427
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 05-22 updating the duties of City Treasurer as outlined in the Orange Municipal Code.

2. SUMMARY
Staff recently discovered that the duties of the City Treasurer, as stated in the Orange Municipal Code (OMC), had not been updated to reflect the recently created Investment and Audit Committee.

This Ordinance will update the language of the OMC accordingly.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 05-22. An Ordinance of the City Council of the City of Orange amending Section 2.26.010.A of the Orange Municipal Code regarding the duties of the City Treasurer.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
In April 2022, the City Council created the Investment and Audit Committee, which merged the functions of the Investment Advisory and Audit committees. Staff recently discovered that the duties of the City Treasurer, as stated in the OMC, still referred to Treasurer’sduty as Chairperson of the now-defunct Investment Advisory Committee. The proposed Ordinance will update the City Treasurer’s duties to include being the Chairperson of the new Investment and Audit Committee.

7. ATTACHMENTS
· Ordinance No. 05-22
City of Orange Printed on 7/7/2022Page 1 of 1
powered by Legistar™
521
Agenda Item
City Council
Item #: 9.1. 7/12/2022 File #: 22-0427
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 05-22 updating the duties of City Treasurer as outlined in the Orange Municipal Code.

This Ordinance will update the language of the OMC accordingly.

4. FISCAL IMPACT
None.

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

7. ATTACHMENTS
· Ordinance No. 05-22
City of Orange Printed on 7/7/2022Page 1 of 1
powered by Legistar™
522

ORDINANCE NO. 05-22

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 2.26.010.A

OF THE ORANGE MUNICIPAL CODE REGARDING

DUTIES OF THE CITY TREASURER

THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

The subject Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines because it is not a "project" as defined in Guideline 15378.

SECTION II:

Section 2.26.010.A of the Orange Municipal Code, “Administration and Personnel – Department of the Treasury – Duties of City Treasurer,” is hereby amended in its entirety to read as follows:

A. Serve as Chairperson of the Investment and Audit Committee.

SECTION III:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION IV:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

523
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 Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2022, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 20 22 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
524

ORDINANCE NO. 05-22

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 2.26.010.A

OF THE ORANGE MUNICIPAL CODE REGARDING

DUTIES OF THE CITY TREASURER

[Pertinent provisions only]

THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION II:

Section 2.26.010.A of the Orange Municipal Code, “Administration and Personnel – Department of the Treasury – Duties of City Treasurer,” is hereby amended in its entirety to read as follows:

A. Serve as Chairperson of the Investment Advisory Committee Investment and Audit Committee.

525

Orange City CouncilJuly 12, 2022

Orange City Council
July 12, 2022