Agenda packet — Orange City Council, October 11, 2022 (part 6 of 7)

(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printout s of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide th e last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursu ant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 710

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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a pena lty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Divis ion of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Ti tle 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for r eproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 711

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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the app renticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional applicati on in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every con tractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding w ork on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 712

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1 -to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the A dministrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would creat e a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applicatio ns for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or app rentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002 -03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this s ubparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions rece ived pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for wor k through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 714

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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article . In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the c ontract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damag es or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagrap h (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 716

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written state ment identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail , return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, par agraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 busi ness days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 717

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists t he parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation c onducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to ot herwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subc ontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall not ify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 718
Agenda Item
City Council
Item #: 3.16. 10/11/2022 File #: 22-0543
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Hardy & Harper, Inc. for Cannon Street at Serrano Avenue Intersection Improvements; Bid No. 22-23.05.

2. SUMMARY
Bids for the Cannon Street at Serrano Avenue Intersection Improvements (SP-4086) were received and opened on September 15, 2022. Three bidders responded to the notice inviting bids. The apparent low bidder is Hardy & Harper, Inc. of Lake Forest, California in the amount of $690,000.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $631,814 from the Reimbursable Capital Projects unreserved fund balance to expenditure account number 550.5011.56330.20383 Cannon & Serrano Intersection Modification.

2. Accept into the City’s revenue budget $631,814 in grant funds from the OCTA’s Comprehensive Transportation Funding Program.

3. Approve the contract with Hardy & Harper, Inc. in the total amount of $759,000, representing the bid amount of $690,000 plus a 10% contingency of $69,000, for Cannon Street at Serrano Avenue Intersection Improvements, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $759,000 and will be funded in Cannon Street & Serrano Avenue Intersection Modification (20383) through:

Transportation System Improvement Program - Citywide (287) $189,750 Reimbursable Capital Projects (550) 569,250
Total: $759,000

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

Goal 4: Provide outstanding public service
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Item #: 3.16. 10/11/2022 File #: 22-0543
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Cannon Street and Serrano Avenue intersection is a critical intersection as identified in the City of Orange General Plan adopted by City Council on March 9, 2010. This project will widen the southeast quadrant of the intersection and a short stretch on the north side of Serrano Avenue, just east of the intersection to accommodate vehicular traffic, and pedestrian/equestrian access.

The project will add a second dedicated right-turn lane from northbound Cannon Street to eastbound Serrano Avenue to help ease congestion at this intersection. California Environmental Quality Act (CEQA) compliance for the project was satisfied with the adoption of MND 1867-19, approved by the City Council on June 8, 2021.

The City Council approved advertisement for bids on August 9, 2022. The bid solicitation was advertised on August 18, 2022 for a period of three weeks concluding on the bid opening on September 15, 2022. Three bids were received as follows:

1. Hardy & Harper Inc., Lake Forest $690,000

2. Gentry General Engineering, Inc., Rancho Cucamonga $709,630

3. All American Asphalt, Corona $887,330
The low bid is 7.5% higher than the engineer’sestimate of $641,800. In recent years, Hardy & Harper, Inc. has completed public works construction projects of similar nature in the City of Orange and have demonstrated adequate capability in doing so. Therefore, staff recommends that Hardy & Harper, Inc. be awarded the contract in the amount of $759,000, representing an original bid amount of $690,000 plus a 10% contingency of $69,000 for Cannon Street at Serrano Avenue Intersection Improvements.

The project is being partially funded through the competitive Comprehensive Transportation Funding for Intersection Capacity Enhancement (CTFP-ICE) as administered through the Orange County Transportation Authority (OCTA). An amount of $631,814 has been allocated and approved for construction phase funding for the project. The construction contract will utilize $569,250 of the allocated funds, while the remainder will be used to accommodate construction engineering (staff time) and potential change order work.

Project construction is anticipated to begin in January 2023 and is expected to be completed in ninety (90) calendar days barring any unforeseen delays from weather or material supply issues.

7. ATTACHMENTS
· Bid Abstract
· Contract with Hardy & Harper, Inc.

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Agenda Item
City Council
Item #: 3.16. 10/11/2022 File #: 22-0543
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Hardy & Harper, Inc. for Cannon Street at Serrano Avenue Intersection Improvements; Bid No. 22-23.05.

3. RECOMMENDED ACTION

2. Accept into the City’s revenue budget $631,814 in grant funds from the OCTA’s Comprehensive Transportation Funding Program.

4. FISCAL IMPACT
The total expenditure for this contract is $759,000 and will be funded in Cannon Street & Serrano Avenue Intersection Modification (20383) through:

Transportation System Improvement Program - Citywide (287) $189,750 Reimbursable Capital Projects (550) 569,250
Total: $759,000

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

Goal 4: Provide outstanding public service
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Item #: 3.16. 10/11/2022 File #: 22-0543
b: Provide facilities and services to meet customer expectations.

1. Hardy & Harper Inc., Lake Forest $690,000

2. Gentry General Engineering, Inc., Rancho Cucamonga $709,630

Project construction is anticipated to begin in January 2023 and is expected to be completed in ninety (90) calendar days barring any unforeseen delays from weather or material supply issues.

7. ATTACHMENTS
· Bid Abstract
· Contract with Hardy & Harper, Inc.

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City of Orange: Summary of Bid Abstracts for:
1 2 3
Bid No. 22-23.05; Project No. SP-4086
Date of Bid Opening: 9/15/2022
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Unclassified Excavation 200 CY 175.00$ $35,000.00 $350.00 $70,000.00 $360.00 $72,000.00 $320.00 $64,000.00 2 Asphalt Concrete 110 TON 140.00$ $15,400.00 $300.00 $33,000.00 $360.00 $39,600.00 $180.00 $19,800.00 3 Aggregate Base 120 CY 100.00$ $12,000.00 $250.00 $30,000.00 $240.00 $28,800.00 $320.00 $38,400.00 4 Construct 2-inch minimum Asphalt
Rubber Hot Mix (ARHM) Overlay
130 TON 175.00$ $22,750.00 $300.00 $39,000.00 $380.00 $49,400.00 $172.00 $22,360.00 5 Cold Plane Existing AC Pavement 2-inches 740 SY 10.00$ $7,400.00 $25.00 $18,500.00 $17.00 $12,580.00 $33.00 $24,420.00 6 Construct Type A Concrete Curb and
Gutter Per City of Orange Std. 117 (CF=8")
615 LF 100.00$ $61,500.00 $70.00 $43,050.00 $120.00 $73,800.00 $80.00 $49,200.00 7 Construct Sidewalk Per City of Orange
Std. 118, Case 1 (t=4", Finish per
Specifications)
1,700 SF 15.00$ $25,500.00 $15.00 $25,500.00 $20.00 $34,000.00 $18.00 $30,600.00 8 Construct Modified Sidewalk Access
Ramp per City of Orange Std. 121, Type 2
1 EA 7,500.00$ $7,500.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $9,000.00 $9,000.00 9 Furnish and Install Filterra Offline Unit
FT0404 with Flume Per Detail on Plans,
Connect to Existing Catch Basin with 6-
inch SDR 35 Pipe and Install Modeified
Gutter per City of Orange Std. 117.
1 LS 65,000.00$ $65,000.00 $45,000.00 $45,000.00 $60,000.00 $60,000.00 $45,000.00 $45,000.00 10 Landscape and Irrigation Modifications,
inclusive of 90-day
Establishment/Maintenance Period
1 LS 25,000.00$ $25,000.00 $1,000.00 $1,000.00 $43,000.00 $43,000.00 $42,000.00 $42,000.00 11 Traffic Signal Modifications 1 LS 200,000.00$ $200,000.00 $90,000.00 $90,000.00 $82,000.00 $82,000.00 $140,000.00 $140,000.00 12 Street Light Installation 1 LS 15,000.00$ $15,000.00 $30,000.00 $30,000.00 $34,000.00 $34,000.00 $41,000.00 $41,000.00 13 Signage and Striping 1 LS 50,000.00$ $50,000.00 $30,000.00 $30,000.00 $34,000.00 $34,000.00 $33,000.00 $33,000.00 14 Traffic Control 1 LS 75,000.00$ $75,000.00 $187,700.00 $187,700.00 $89,000.00 $89,000.00 $300,000.00 $300,000.00 15 Remove Tree 1 EA 9,000.00$ $9,000.00 $3,500.00 $3,500.00 $4,200.00 $4,200.00 $3,800.00 $3,800.00 16 Furnish and Install 4-foot High Wooden
Fence
225 LF 70.00$ $15,750.00 $150.00 $33,750.00 $170.00 $38,250.00 $110.00 $24,750.00 $641,800.00 $690,000.00 $709,630.00 $887,330.00Grand Total

STREET IMPROVEMENTS

ENGINEER'S ESTIMATE
Cannon Street At Serrano Avenue Intersection Improvements Hardy & Harper Gentry General Engineering, Inc. All American Asphalt

Page 1 of 1 ends

CONTRACT
[Cannon Street at Serrano Avenue Intersection Improvements (Bid No. 22-23.05)]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and HARDY & HARPER, INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contrac tor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

(1) The Construction Plans for Cannon Street at Serrano Avenue Intersection Improvements (Drawing SP-4086) prepared for City by Michael Baker International, Inc. , with revisions by City, approved by the “Engineer” (as defined herein below) on August 17, 2022, and consisting of sheets numbered 1 through 7, inclusive (the “Plans”);

(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee);

(3) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;”

(4) The “City of Orange Standard Special Provisions;”

(5) The Standard Plans; and

(6) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges 724
2 that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Principal Civil Engineer, Randy Nguyen (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordin ate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

g. Contractor agrees that it has an obligation to reset all permanent survey markers as stated in the Orange Book, Part 4, Section 400-2, “Permanent Survey Markers ,” and obtain the approval for pre- and post-construction centerline tie sheets and Corner Records from the County of Orange and deliver said approved documents to City as soon as they are received. This obligation extends to any of its subcontractors that have performed work in this regard. This subsection survives completion of the Work, the Notice of Completion, and final payment and shall be an enforceable obligation until fulfilled.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within ninety (90) calendar days from such date, unless legal extension is granted in 725
3 accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed SIX HUNDRED NINETY THOUSAND DOLLARS and 00/100 ($690,000.00) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work , from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspensio n or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifi cations, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of SIXTY-NINE THOUSAND DOLLARS and 00/100 ($69,000.00) has been added to the total compensation of this Contract.

The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor , up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney . The Contractor agrees t o perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to th e commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed SEVEN HUNDRED FIFTY -NINE THOUSAND DOLLARS and 00/100 ($759,000.00).

ARTICLE 4
Licenses

Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this 726
4 Contract and that Contractor and subcontractors shall maintain all appro priate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

ARTICLE 5
Guarantees

a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.

d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced.

e. It is understood that emergency repairs may, by necessity, be made by City.

Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs det ermined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has i ssued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply w ith the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from 727
5 cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services purs uant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be cons idered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 8
Public Work; Prevailing Wage

a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

728
6 b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increase d costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation , any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

During the performance of this Contract, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant f or employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, wi thout regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for emplo yment, a notice setting forth provisions of this non-discrimination clause.

729
7 b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration fo r employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.

ARTICLE 11
Indemnity

Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent t o the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a conse quence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection 730
8 with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.

b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.

(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.

(3) Workers’ Compensation as required by the State of California.

(4) Employer’s Liability $1,000,000 per accident for bodily injury or disease.

c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

d. Any deductibles or self -insured retentions must be declared to and approve d by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu 731
9 of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.

(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.

(3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.

f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a r ating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.

h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwis e directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.

i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

The Workers’ Compensation policy shall be endorsed with a waiver o f subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.

j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination

City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. 732
10 Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such te rmination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

In accordance with generally accepted accounting principle s, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.

b. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and

(3) Has properly mainta ined, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

(4) Has res ponded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

733
11 c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services unde r this Contract.

d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United Stat es. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.

e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee , such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.

f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limi ted to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue

This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the juri sdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment

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

b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class m ail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party 734
12 in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

Hardy & Harper, Inc. City of Orange
32 Rancho Circle 300 E. Chapman Avenue
Lake Forest, CA 92630 Orange, CA 92866-1591
Attn: Michael Murray Attn: Randy Nguyen

Telephone: (714) 444-1851 Telephone: (714) 744-5531 E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts

This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page] 735
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Mark A. Murphy
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

HARDY & HARPER, INC., a California
corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

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ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815

Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this sect ion to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beg inning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Divis ion 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalt ies pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for an y judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for publi c work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate

Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prev ailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 738

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless cu rrently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and publ ic works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a sub contractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commis sioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant t o clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 739

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that w as unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivisi on (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1 742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a sto p order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 740

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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) i s guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any cont ract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts

(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor h as been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twen ty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 742

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or subcontractor shall be satisfied before applyi ng that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other empl oyee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 743

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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the publ ic shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished d irectly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same i nformation as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or oblit erated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 744

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(2) An employer shall not be liable for damages in a civil action for any reasonable act or o mission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, with in five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or po rtion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessmen t pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeabl e craft or trade; exemptions; contributions; compliance program

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employm ent, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is regist ered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 745

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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provi de apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or t rade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices t o the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public wo rk may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same tim e period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 746

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of Apprenticeship, upon application of an apprenticeship program, m ay order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the ap proval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no e vent less than the 1 -to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work perf ormed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature th at training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002 -03 fiscal year and each fiscal year ther eafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
747

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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the trainin g contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the c ouncil, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Depar tment of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pur suant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby create d in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the en forcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations

The contractor or subcontractor shall, as a penalty to the state or political subdiv ision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 748

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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipu lation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime

Attachment No. 2

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified ma il with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Reh abilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 750

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement i dentifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by r egistered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 751

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(C) For purposes of this section, mediation includes any nonbindi ng process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after liti gation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 752
Agenda Item
City Council
Item #: 3.17. 10/11/2022 File #: 22-0533
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of vehicles and equipment for various departments using a Cooperative Purchasing Agreement.

2. SUMMARY
Purchase and equip vehicles and equipment for various departments from Red Sky Emergency Vehicles and Vehicle Service Group, Inc., and donate fleet hoists equipment to Queretaro, Mexico.

The City Council has previously approved the Cooperative Purchasing Agreement as a vehicle and equipment procurement standard.

3. RECOMMENDED ACTION

1. Approve the purchase of one Ambulance from Red Sky Emergency Vehicles for $445,082.

2. Approve the purchase of four Post Rotary Hoists for a total of $52,609.

3. Authorize the donation of the existing fleet hoists to Queretaro, Mexico.

4. FISCAL IMPACT
The total expenditure for these purchases is $497,691 and will be funded through the following:

Vehicle Replacement (720) $445,082
City Facility Improvement (500) 52,609
Total $497,691

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
The City Council has previously authorized a Cooperative Purchasing Agreement (CPA) using Houston-Galveston Area Council (HGAC) and Sourcewell as the standard for vehicle and equipment procurement, and this purchase is a continuation of that policy.

The 2009 International ambulance is beyond its useful life. The replacement fire apparatus will be City of Orange Printed on 10/6/2022Page 1 of 2
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Item #: 3.17. 10/11/2022 File #: 22-0533
The 2009 International ambulance is beyond its useful life. The replacement fire apparatus will be procured from Braun and their local dealer Red Sky Emergency Vehicles. They were awarded contract number AM20BA16 for $445,082. The City has purchased fleet vehicles from Red Sky over the past five years and will receive a repeat customer discount of $28,753 and a prepayment discount of $2,000 on the apparatus net price using the HGAC contract and an upfront payment for a total discount of $34,753. The purchase price includes a performance bond for $4,000 to secure the upfront payment. Upon placement of the order, the apparatus will take 28-31 months to build and equip. As is customary in public agencies, the surplus ambulance will be auctioned after removing all equipment for approximately $5,000.

The existing fleet hoists that lift heavy emergency vehicles and construction equipment are beyond their useful life. Staff recommends purchasing replacements of existing hoists for $47,826 from Rotary through their local dealer, Vehicle Service Group, LLC, which was awarded contract number NASPO ValuePoint Master Agreement Number 05316 - Addendum Number 7-19-99-37-05. With the volatility of the supply chain, staff recommends budgeting a 10% contingency of $4,783 to account for potential unforeseen price adjustments totaling $52,609. As part of this improvement, the electrical system in the Public Works Fleet Shop where the new hoists will be housed will be upgraded to account for the new electrical requirements.

In addition to purchasing new hoists and infrastructure improvements, the existing fleet hoists will be retiring out of service. As a result, staff recommends donating the equipment to the Queretaro Fire Department. Queretaro, Mexico, has been a sister city to the City of Orange for the past five decades. The fire service is a global community. Many fire departments help under-resourced fire departments in developing countries by providing firefighting gear and equipment that has reached the end of its service lifecycle in the U.S. but still has value for firefighters who may be using more senior gear and equipment. The calculation for depreciation estimates the value of the hoists to be $3,500 to $5,000.

7. ATTACHMENTS
· CPA bid is available for review in the Purchasing Division · Letter from Bomberos Queretaro
City of Orange Printed on 10/6/2022Page 2 of 2
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754
Agenda Item
City Council
Item #: 3.17. 10/11/2022 File #: 22-0533
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of vehicles and equipment for various departments using a Cooperative Purchasing Agreement.

2. SUMMARY
Purchase and equip vehicles and equipment for various departments from Red Sky Emergency Vehicles and Vehicle Service Group, Inc., and donate fleet hoists equipment to Queretaro, Mexico.

The City Council has previously approved the Cooperative Purchasing Agreement as a vehicle and equipment procurement standard.

3. RECOMMENDED ACTION

1. Approve the purchase of one Ambulance from Red Sky Emergency Vehicles for $445,082.

2. Approve the purchase of four Post Rotary Hoists for a total of $52,609.

3. Authorize the donation of the existing fleet hoists to Queretaro, Mexico.

4. FISCAL IMPACT
The total expenditure for these purchases is $497,691 and will be funded through the following:

Vehicle Replacement (720) $445,082
City Facility Improvement (500) 52,609
Total $497,691

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

The 2009 International ambulance is beyond its useful life. The replacement fire apparatus will be City of Orange Printed on 10/6/2022Page 1 of 2
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755
Item #: 3.17. 10/11/2022 File #: 22-0533
The 2009 International ambulance is beyond its useful life. The replacement fire apparatus will be procured from Braun and their local dealer Red Sky Emergency Vehicles. They were awarded contract number AM20BA16 for $445,082. The City has purchased fleet vehicles from Red Sky over the past five years and will receive a repeat customer discount of $28,753 and a prepayment discount of $2,000 on the apparatus net price using the HGAC contract and an upfront payment for a total discount of $34,753. The purchase price includes a performance bond for $4,000 to secure the upfront payment. Upon placement of the order, the apparatus will take 28-31 months to build and equip. As is customary in public agencies, the surplus ambulance will be auctioned after removing all equipment for approximately $5,000.

7. ATTACHMENTS
· CPA bid is available for review in the Purchasing Division · Letter from Bomberos Queretaro
City of Orange Printed on 10/6/2022Page 2 of 2
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Previsión y Protección S.C.

Bomberos Queretaro
Querétaro, Qro, México, August 24th, 2022
Sean deMetropolis
Fire Chief
City of Orange Fire Department
Dear Chief,
Asyouknow,theCityofOrangeandtheCityofQueretaro,Mexicohavebeensister citiessince1973.Duringthattime,therelationshipbetweenourFireDepartments hasbeenkeyinmakingsureourdepartmenthastheneededequipmenttoprovide servicetoapopulationofovertwomillionpeople.Withaverylimitedbudgetwe have proficiently used the donations provided in the past.

Currently,theQueretaroFireDepartmentservicestheCityofQuerétaroandprovides mutualaidtotheMetroAreaintheStateofQueretarowith6FireStations,running around4000FireandRescuecallsyearly.Duetothecontinuousgrowthofourcity's populationandourobjectiveofdecreasingourresponsetimestocomplywith Internationalstandards,wehavestartedtheprojectionofaStation7inthe north-west part of the city.

IthascometoourattentionthatareserveFireEngineoftheOrangeFireDepartment willbecomingoutofservice,thereforewouldliketorespectfullyasktobe consideredasadonationrecipientofit,aswellasoutdatedandnolongerinuse personal protective equipment, fire hoses, tools and miscellaneous equipment.

AlwaysgratefulwiththesupportreceivedfromtheCityofOrangeFireDepartment, wehopeforyourselfandyourfellowFirefightertobeabletocomeandvisitusagain in the near future.

Sincerely,
CP Myriam Vallarino Hernando
President
Zaragoza #90 Esq Ocampo, Centro Histórico, Querétaro, Qro, México. CP 76000 [email protected]
+52 442 212 1314
757
Agenda Item
City Council
Item #: 3.18. 10/11/2022 File #: 22-0560
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
Authorize purchase of security platform equipment and services from Siemens Industry, Inc. for Fiscal Year 2022-2023.

2. SUMMARY
The City purchases security platform (Genetec) equipment from Siemens every year. The City Council approved an agreement with Siemens through a competitive process on January 12, 2021 with subsequent additional projects and maintenance agreements for security platform equipment and services into this current fiscal year. Siemens is currently the single source incumbent provider of security platform services for the City.

3. RECOMMENDED ACTION
Approve the purchase of security platform equipment and services from Siemens Industry, Inc. for $30,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $30,000 and will be funded through the Physical Security Platform Replacements project (20456) in the Computer Replacement Fund (790).

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

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

6. DISCUSSION AND BACKGROUND
The City’ssecurity platform exceeds 300 cameras and is actively folding in 135 access control doors.

Throughout the year, select department needs are requested for various camera improvements and other equipment and services. These items include security cameras, door access control equipment, and other security platform licensing, infrastructure, and services.

To be responsive to Department requests and minimize the volume of small cost requests to the City Council, staff is recommending this approval to purchase security platform equipment and services from Siemens Industry on an as needed basis throughout the year.

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Item #: 3.18. 10/11/2022 File #: 22-0560

7. ATTACHMENTS
· None
City of Orange Printed on 10/6/2022Page 2 of 2
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759
Agenda Item
City Council
Item #: 3.18. 10/11/2022 File #: 22-0560
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
Authorize purchase of security platform equipment and services from Siemens Industry, Inc. for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of security platform equipment and services from Siemens Industry, Inc. for $30,000 for Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $30,000 and will be funded through the Physical Security Platform Replacements project (20456) in the Computer Replacement Fund (790).

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

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

6. DISCUSSION AND BACKGROUND
The City’ssecurity platform exceeds 300 cameras and is actively folding in 135 access control doors.

City of Orange Printed on 10/6/2022Page 1 of 2
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Item #: 3.18. 10/11/2022 File #: 22-0560

7. ATTACHMENTS
· None
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761
Agenda Item
City Council
Item #: 3.19. 10/11/2022 File #: 22-0544
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Support for ballot measure to strengthen local planning authority. Resolution No. 11414.

2. SUMMARY
Resolution No. 11414. A Resolution of the City Council of the City of Orange supporting the League of California Cities to support a ballot measure to strengthen local planning authority.

3. RECOMMENDED ACTION
Adopt Resolution No. 11414. A Resolution of the City Council of the City of Orange supporting the League of California Cities to support a ballot measure to strengthen local planning authority.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
Over the past few years, the State of California has enacted several laws that usurp local authority over land use decisions. This top-down approach replaces local decision making with state planning that is not responsive to local needs. The imposition of a one-size-fits-all land use policy is ill-suited to a large state of nearly 40 million people living in hundreds of diverse communities.

On March 23, 2021, the City Council adopted Resolution 11315 to oppose Senate Bills 9 and 10 because they would erode local control over the City’s zoning and land use authority. Despite opposition from the League of California Cities and 244 cities throughout the state, Governor Newsom signed both bills into law on September 16, 2021.

On November 9, 2021 the City Council adopted Resolution 11363 to support the Brand-Huang- Mendoza Tripartisan Land Use Initiative. This proposed measure would amend the State Constitution to ensure zoning, land-use and development decisions are made at the local level, and to stop legislative bills like SB 9 and SB 10 that seek to override municipal and county control over land-use and development. This measure has been revised and renamed the Brand-Mendoza-Candella City of Orange Printed on 10/6/2022Page 1 of 2
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Item #: 3.19. 10/11/2022 File #: 22-0544
Tripartisan Land Use Initiative and is also known as the Our Neighborhood Voices Initiative.

Adopting Resolution No. 11414 would affirm the City’s support for the Brand-Mendoza-Candella Tripartisan Land Use Initiative, and emphasize the City Council’sbelief that local government control over land use matters is the best way to assess and meet the needs of the community. The resolution also affirms support for the League of California Cities to support this measure, adding our voice to the hundreds of other like-minded cities that support local control of over land use planning and zoning authority.

7. ATTACHMENT
· Resolution No. 11414
City of Orange Printed on 10/6/2022Page 2 of 2
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763
Agenda Item
City Council
Item #: 3.19. 10/11/2022 File #: 22-0544
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Support for ballot measure to strengthen local planning authority. Resolution No. 11414.

2. SUMMARY
Resolution No. 11414. A Resolution of the City Council of the City of Orange supporting the League of California Cities to support a ballot measure to strengthen local planning authority.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

On November 9, 2021 the City Council adopted Resolution 11363 to support the Brand-Huang- Mendoza Tripartisan Land Use Initiative. This proposed measure would amend the State Constitution to ensure zoning, land-use and development decisions are made at the local level, and to stop legislative bills like SB 9 and SB 10 that seek to override municipal and county control over land-use and development. This measure has been revised and renamed the Brand-Mendoza-Candella City of Orange Printed on 10/6/2022Page 1 of 2
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Item #: 3.19. 10/11/2022 File #: 22-0544
Tripartisan Land Use Initiative and is also known as the Our Neighborhood Voices Initiative.

7. ATTACHMENT
· Resolution No. 11414
City of Orange Printed on 10/6/2022Page 2 of 2
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RESOLUTION NO. 11414

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE SUPPORTING THE

LEAGUE OF CALIFORNIA CITIES TO SUPPORT

A BALLOT MEASURE TO STRENGTHEN
LOCAL PLANNING AUTHORITY.

WHEREAS, Article XI of the California Constitution recognizes that local self - government is the cornerstone of democracy by empowering cities to enact local laws and policies designed to protect the public health, safety and welfare of their residents and govern th eir municipal affairs; and

WHEREAS, since 2017 the state legislature has enacted dozens of laws that supplant local control and erode local authority over land use and zoning decisions purportedly to address housing affordability, however only a scant fe w of these new state laws include any funding or enforceable requirements to help create more affordable housing; and

WHEREAS, at a time when millions of working class and lower income Californians struggle to find decent housing, these new state laws fa il to address our affordable housing crisis – instead, they incentivize the creation of more market rate & luxury housing and underfund low and moderate income housing, they expand profit margins for institutional investors and special interests, and they increase displacement and gentrification in working class neighborhoods and communities of color; and

WHEREAS, these new state laws force working families to pay more in taxes to fund development impacts because these new laws make it much more difficult for cities to negotiate fair mitigation fees to fund public safety, transit, parks and other local services and amenities; and

WHEREAS, the League of California Cities’ Mission Statement reads: “Our mission is to expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians;” and

WHEREAS, the League of California Cities Vision aims “To be recognized and respected as the leading advocate for the common interests of California's cities;” and

WHEREAS, the League of California Cities’ General Assembly unanimously passed a resolution in 2018 (the “2018 Resolution”) to “assess the increasing vulnerabilities to local authority, control and revenue and explore the preparation of a ballot measure and/or constitutional amendment that would give the state’s voters an opportunity to further strengthen local authority and preserve the role of local democracy to best preserve their local quality of life;” and

WHEREAS, consistent with its Mission Statement, its V ision, and the 2018 Resolution, and to address the Legislature’s continued overreach into local land use planning and zoning policy and its failure to effectively address California’s affordable housing crisis, the League of California Cities should consider and take all reasonable actions required to preserve cities’ ability to regulate 766
Reso. No. 11414 2 NA
local land use planning and zoning, including actively supporting a ballot measure to amend the state constitution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby supports the League of California Cities’ efforts to:

Section 1. Partner with the Brand-Mendoza-Candell Tripartisan Land Use Initiative (a/k/a the “Our Neighborhood Voices” Initiative) to restore local land use planning and zoning authority to local governments throughout California.

Section 2. Allocate sufficient resources to help advance and qualify the Brand-Mendoza- Candell Initiative for the California general election in November 2024.

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
767
Agenda Item
City Council
Item #: 3.20. 10/11/2022 File #: 22-0522
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk
Gary Sheatz, City Attorney

1. SUBJECT
City of Orange Conflict of Interest Code amendment. Resolution No. 11415.

2. SUMMARY
Adoption of Resolution No. 11415 satisfies the State mandated biennial update to the City’sConflict of Interest Code and amends the previous Code adopted by Resolution No. 11276.

3. RECOMMENDED ACTION
Adopt Resolution No. 11415. A Resolution of the City Council of the City of Orange adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
This action does not correlate to any of the adopted strategic plan goals; however, Section 87306 of the California Government Code requires biennial review of the City’s Conflict of Interest Code.

6. DISCUSSION AND BACKGROUND
Pursuant to the Political Reform Act, the City conducted a thorough review of its Conflict of Interest Code and determined that an amendment is necessary. At its September 13, 2022, meeting, Council directed staff to file the Local Agency Biennial Notice and prepare a resolution amending the code for City Council approval.

Since the last update, new position titles have been created or eliminated and some existing positions have had title changes. Exhibit A to Resolution No. 11415 reflects the changes to the list of positions and their designated disclosure requirements. Attachment 2 is a legislative (redlined) version of the proposed amended Code.

7. ATTACHMENTS
· Attachment 1 - Resolution No. 11415 with Exhibit A attached · Attachment 2 - Legislative version of Exhibit A
· Attachment 3 - Notice of Intention to amend the City’s Conflict of Interest Code City of Orange Printed on 10/6/2022Page 1 of 1
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768
Agenda Item
City Council
Item #: 3.20. 10/11/2022 File #: 22-0522
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk
Gary Sheatz, City Attorney

1. SUBJECT
City of Orange Conflict of Interest Code amendment. Resolution No. 11415.

2. SUMMARY
Adoption of Resolution No. 11415 satisfies the State mandated biennial update to the City’sConflict of Interest Code and amends the previous Code adopted by Resolution No. 11276.

3. RECOMMENDED ACTION
Adopt Resolution No. 11415. A Resolution of the City Council of the City of Orange adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

4. FISCAL IMPACT
None

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ADOPTING AN

AMENDED CONFLICT OF INTEREST CODE

PURSUANT TO THE POLITICAL REFORM ACT
OF 1974
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires the City to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code, which was amended by Resolution No. 11276 on October 13, 2020; and
WHEREAS, the Political Reform Act, in Government Code Section 87306, requires the City to review its Conflict of Interest Code biennially to determine whether amendments are required; and
WHEREAS, on June 14, 2022, the City Council directed staff to review the City’s Conflict of Interest Code; and
WHEREAS, the City has determined that due to changes in City employee positions and titles, the City's Conflict of Interest Code requires revision; and WHEREAS, on September 13, 2022, the City Council received and filed the 2022 Local Agency Biennial Notice and directed staff to promulgate the necessary amendments to the City’s Conflict of Interest Code.

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

SECTION 1. The City Council adopts by reference the model conflict of interest code promulgated by the Fair Political Practices Commission as set forth in Section 18730 of the Title 2 of the California Code of Regulations, which, together with the City’s List of Designated Positions and Disclosure Categories, collectively constitute the City of Orange Conflict of Interest Code. A copy of said Code is attached hereto as Exhibit A and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours.

SECTION 2. The amended Conflict of Interest Code shall become effective at the time of the adoption and approval of this Resolution.

SECTION 3. Any prior Resolution adopting a Conflict of Interest Code for the City of Orange, including Resolution No. 11276, is hereby rescinded upon the effective date of this Resolution.
770
ADOPTED this ____ day of _____________________, 2022.

Mark A. Murphy, Mayor, City of Orange
ATTEST:
________________________________________
Pamela Coleman, City Clerk, 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
Attachment: Exhibit A
771

CONFLICT OF INTEREST CODE OF THE

CITY OF ORANGE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Orange (“City”).

All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by officials listed in Government Code Section 87200, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours (Gov. Code § 81008). 772

APPENDIX

DESIGNATION OF POSITIONS AND

ESTABLISHMENT OF DISCLOSURE CATEGORIES
PART A

DESIGNATED POSITIONS
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 California Code of Regulations § 18700.3(b), are NOT subject to the City’s Code, but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are other City Officials who manage public investments.1 These positions are listed here for informational purposes only.

Administrative Services Director
Assistant City Manager
Assistant Finance Director
Finance Director
1 Individuals holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by §87200.
773

DESIGNATED POSITIONS DISCLOSURE

CATEGORIES
City Attorney
Assistant City Attorney I 1, 2, 3, 4
Assistant City Attorney II 1, 2, 3, 4
Risk Manager 1, 2, 3, 4
Senior Assistant City Attorney 1, 2, 3, 4
City Clerk
City Clerk 1, 2, 3, 4
Director of City Clerk Services 1, 2, 3, 4
Deputy City Clerk 1, 2, 3, 4
City Manager
Assistant to the City Manager 1, 2, 3, 4
Deputy City Manager 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 4
Internal Audit Manager 1, 2, 3, 4
Senior Economic Development Project Manager 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Senior Assistant to the City Manager 1, 2, 3, 4
Community Development
Administrative Analyst I & II 1, 2, 3, 4
Assistant Community Development Director 1, 2, 3, 4
Code Compliance Officer 1, 2, 3, 4
Code Compliance Supervisor 1, 2, 3, 4
Community Development Director 1, 2, 3, 4
Environmental Compliance Specialist 2, 3, 4
Planning Manager 1, 2, 3, 4
Principal Planner 1, 2, 3, 4
Public Affairs and Information Manager 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Senior Code Compliance Officer 1, 2, 3, 4
Senior Housing Manager 1, 2, 3, 4
Senior Planner 1, 2, 3, 4
Community Services
Administrative Analyst II 1, 2, 3, 4
Assistant Director 1, 2, 3, 4
Community Services Director 1, 2, 3, 4
Parks and Facilities Manager 1, 2, 3, 4
Recreation Services Manager 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Finance
Accounting Manager 2, 3, 4
Budget Manager 1, 2, 3, 4
Buyer 1, 2, 3, 4
Finance Coordinator – Business License 1, 2, 3, 4
Finance Manager 1, 2, 3, 4
Investment/Revenue Officer 1, 2, 3, 4
Lead Business License Inspector 1, 2, 3, 4
774

DESIGNATED POSITIONS DISCLOSURE

CATEGORIES
Purchasing Officer 1, 2, 3, 4
Senior Buyer 1, 2, 3, 4
Fire
Battalion Chief 1, 2, 3, 4
Deputy Chief 1, 2, 3, 4
EMS Manager 1, 2, 3, 4
Fire Chief 1, 2, 3, 4
Staff Captain 1, 2, 3, 4
Information Technology
Manager 1, 2, 3, 4
IT Project Manager 1, 2, 3, 4
Library
Assistant Library Services Director 1, 2, 3, 4
Library Manager I & II 1, 2, 3, 4
Library Services Director 1, 2, 3, 4
Library Tech/Support Services Manager 1, 2, 3, 4
Senior Library Manager 1, 2, 3, 4
Human Resources
Assistant Human Resources Director 1, 2, 3, 4
Human Resources Director 1, 2, 3, 4
Human Resources Manager 1, 2, 3, 4
Senior Human Resources Analyst 1, 2, 3, 4
Police
Administrative Analyst I & II 1, 2, 3, 4
Captain 1, 2, 3, 4
Emergency Manager 1, 2, 3, 4
Lieutenant 1, 2, 3, 4
Police Chief 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Public Works
Administrative Manager 1, 2, 3, 4
Assistant Field Services Manager 1, 2, 3, 4
Assistant Public Works Director 1, 2, 3, 4
Assistant Water Manager 1, 2, 3, 4
Building Inspection Supervisor 1, 2, 3, 4
Chief Building Official 1, 2, 3, 4
City Traffic Engineer 1, 2, 3, 4
Combination Building Inspector 1, 2, 3, 4
Construction Inspection Supervisor 3, 4
Construction Inspector I & II 3, 4
Contract Administrator 1, 2, 3, 4
Deputy Public Works Director 1, 2, 3, 4
Environmental Program Manager 1, 2, 3, 4
Environmental Scientist 2, 3, 4
Equipment Maintenance Superintendent 2, 3, 4
Field Services Manager 1, 2, 3, 4
Plan Check Engineer 1, 2, 3, 4
775

DESIGNATED POSITIONS DISCLOSURE

CATEGORIES
Principal Civil Engineer 3, 4
Public Works Director 1, 2, 3, 4
Real Property Agent 1, 2, 3, 4
Senior Civil Engineer 3, 4
Senior Plan Check Engineer 1, 2, 3, 4
Traffic Operations Superintendent 1, 2, 3, 4
Water Manager 1, 2, 3, 4
Orange City Public Facilities Financing Authority
Member 1, 2, 3, 4
Members of Boards, Commissions, and Committees
Community Development Block Grant Program Committee 1, 2, 3, 4 Design Review Committee 1, 2, 3, 4
Investment and Audit Committee 1, 2, 3, 4
Orange Public Library Board of Trustees1 1, 2, 3, 4
Park Planning & Community Events Commission 1, 2, 3, 4
Traffic Commission 1, 2, 3, 4
1All interests in real property as set forth in Category 1, but only investments, sources of income and business positions which may provide services or materials of the type utilized by the library.

Consultants and New Positions2
2Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.

The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. The disclosure requirements for new positions shall be categorized by the City Manager based on the duties of the position.
1, 2, 3, 4
776
PART B

DISCLOSURE CATEGORIES
Disclosure categories pertain to investments, real property, business positions and sources of income, including loans, gifts, and travel payments from sources located in or doing business within the jurisdiction of the City of Orange (City).

Category 1
Interests in real property within the boundaries of the City or within two miles of the boundaries of the City in which the designated employee, spouse and dependent children have an aggregate interest of $1,000 or more in value. It includes interests in real property held by a business entity or trust in which the employee, spouse and dependent children have an aggregate interest of 10% or more.

Category 2
Investments held by the designated employee, spouse and dependent children, with an aggregate value of more than $1,000, in business entities having real property in the City or doing business, planning to do business, or having done business in the City within the past two years. It includes investments held by a business entity or trust in which the filer, spouse and dependent children have an aggregate interest of 10% or greater.

Category 3
Income (including loans) aggregating $250 or more if the source is located within or doing business within the City. It includes gifts aggregating $50 or more whether or not the source (donor) is in the City. It includes sources of income to the designated employee, to the designated employee's community property interest in the income of a spouse, and to the employee's pro rata share of any income of a trust in which the employee, spouse or dependent children have individually or collectively an aggregate interest of 10% or greater.

Category 4
Employment and management positions in business entities. 777

CONFLICT OF INTEREST CODE OF THE

APPENDIX

DESIGNATION OF POSITIONS AND

ESTABLISHMENT OF DISCLOSURE CATEGORIES
PART A

DESIGNATED POSITIONS DISCLOSURE

CATEGORIES
City Attorney
Assistant City Attorney I 1, 2, 3, 4
Assistant City Attorney II 1, 2, 3, 4
Risk Manager 1, 2, 3, 4
Senior Assistant City Attorney 1, 2, 3, 4
City Clerk
City Clerk 1, 2, 3, 4
Chief Clerk Director of City Clerk Services 1, 2, 3, 4
Deputy City Clerk 1, 2, 3, 4
City Manager
Assistant City Manager 1, 2, 3, 4
Assistant to the City Manager 1, 2, 3, 4
Deputy City Manager 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 4
Internal Audit Manager 1, 2, 3, 4
Senior Economic Development Project Manager 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Senior Assistant to the City Manager 1, 2, 3, 4
Community Development
Administrative Analyst I & II 1, 2, 3, 4
Assistant Community Development Director 1, 2, 3, 4
Building Inspection Supervisor 1, 2, 3, 4
Chief Building Official 1, 2, 3, 4
Code Compliance Officer 1, 2, 3, 4
Code Compliance Supervisor 1, 2, 3, 4
Combination Building Inspector 1, 2, 3, 4
Community Development Director 1, 2, 3, 4
Environmental Compliance Specialist 2, 3, 4
Plan Check Engineer 1, 2, 3, 4
Planning Manager 1, 2, 3, 4
Principal Planner 1, 2, 3, 4
Public Affairs and Information Manager 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Senior Code Compliance Officer 1, 2, 3, 4
Senior Housing Manager 1, 2, 3, 4
Senior Plan Check Engineer 1, 2, 3, 4
Senior Planner 1, 2, 3, 4
Community Services
Administrative Analyst II 1, 2, 3, 4
Assistant Director 1, 2, 3, 4
Community Services Director 1, 2, 3, 4
Parks and Facilities Manager 1, 2, 3, 4
Public Affairs and Information Manager 1, 2, 3, 4
Recreation Services Manager 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
780

DESIGNATED POSITIONS DISCLOSURE

CATEGORIES
Finance
Accounting Manager 2, 3, 4
Administrative Services Director 1, 2, 3, 4
Assistant Finance Director 1, 2, 3, 4
Budget Manager 1, 2, 3, 4
Buyer 1, 2, 3, 4
Finance Coordinator – Business License 1, 2, 3, 4
Finance Director 1, 2, 3, 4
Finance Manager 1, 2, 3, 4
Investment/Revenue Officer 1, 2, 3, 4
Lead Business License Inspector 1, 2, 3, 4
Purchasing Officer 1, 2, 3, 4
Senior Buyer 1, 2, 3, 4
Fire
Battalion Chief 1, 2, 3, 4
Deputy Chief 1, 2, 3, 4
EMS Manager 1, 2, 3, 4
Fire Chief 1, 2, 3, 4
Staff Captain 1, 2, 3, 4
Information Technology
Manager 1, 2, 3, 4
IT Project Manager 1, 2, 3, 4
Services Delivery Manager 1, 2, 3, 4
Library
Assistant Library Services Director 1, 2, 3, 4
Library Manager I & II 1, 2, 3, 4
Library Services Director 1, 2, 3, 4
Library Tech/Support Services Manager 1, 2, 3, 4
Senior Library Manager 1, 2, 3, 4
Human Resources
Assistant Human Resources Director 1, 2, 3, 4
Human Resources Director 1, 2, 3, 4
Human Resources Manager 1, 2, 3, 4
Senior Human Resources Analyst 1, 2, 3, 4
Police
Administrative Analyst I & II 1, 2, 3, 4
Captain 1, 2, 3, 4
Code Compliance Officer 1, 2, 3, 4
Emergency Manager 1, 2, 3, 4
Lieutenant 1, 2, 3, 4
Police Chief 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Public Works
Administrative Manager 1, 2, 3, 4
Assistant Field Services Manager 1, 2, 3, 4
Assistant Public Works Director 1, 2, 3, 4
Assistant Water Manager 1, 2, 3, 4
781

DESIGNATED POSITIONS DISCLOSURE

CATEGORIES
Building Inspection Supervisor 1, 2, 3, 4
Chief Building Official 1, 2, 3, 4
City Traffic Engineer 1, 2, 3, 4
Combination Building Inspector 1, 2, 3, 4
Construction Inspection Supervisor 3, 4
Construction Inspector I & II 3, 4
Contract Administrator 1, 2, 3, 4
Deputy Public Works Director/City Engineer 1, 2, 3, 4
Environmental Compliance Specialist 2, 3, 4
Environmental Program Manager 1, 2, 3, 4
Environmental Scientist 2, 3, 4
Equipment Maintenance Superintendent 2, 3, 4
Field Services Manager 1, 2, 3, 4
Plan Check Engineer 1, 2, 3, 4
Principal Civil Engineer 3, 4
Public Works Director 1, 2, 3, 4
Real Property Agent 1, 2, 3, 4
Senior Civil Engineer 3, 4
Senior Plan Check Engineer 1, 2, 3, 4
Traffic Operations Superintendent 1, 2, 3, 4
Water Manager 1, 2, 3, 4
Orange City Public Facilities Financing Authority
Member 1, 2, 3, 4
Members of Boards, Commissions, and Committees
Community Development Block Grant Program Committee 1, 2, 3, 4 Design Review Committee 1, 2, 3, 4
Investment and Audit Committee 1, 2, 3, 4
Orange Public Library Board of Trustees1 1, 2, 3, 4
Park Planning & Community Events Commission 1, 2, 3, 4
Traffic Commission 1, 2, 3, 4
1All interests in real property as set forth in Category 1, but only investments, sources of income and business positions which may provide services or materials of the type utilized by the library.

Category 1
Category 1 relates to iInterests in real property within the boundaries of the City or close within two miles of the boundaries of the City(2 miles) to the City of Orange in which the designated employee, spouse and dependent children have an aggregate interest of $1,000 or more in value. It includes interests in real property held by a business entity or trust in which the employee, spouse and dependent children have an aggregate interest of 10% or more.

Category 2
Category 2 relates to iI nvestments held by the designated employee, spouse and dependent children, with an aggregate value of more than $1,000, in business entities having real property in the City of Orange or doing business, planning to do business, or having done business in the City of Orange within the past two years. It includes investments held by a business entity or trust in which the filer, spouse and dependent children have an aggregate interest of 10% or greater.

Category 3
Category 3 relates to sources of iI ncome (including loans) aggregating $250 or more if the source is located within or doing business within the City of Orange. It includes gifts aggregating $50 or more whether or not the source (donor) is in the City of Orange . It includes sources of income to the designated employee, to the designated employee's community property interest in the income of a spouse, and to the employee's pro rata share of any income of a trust in which the employee, spouse or dependent children have individually or collectively an aggregate interest of 10% or greater.

Category 4
Category 4 relates to eEmployment and management positions in business entities. 783

NOTICE OF INTENTION

TO AMEND THE

CONFLICT OF INTEREST CODE

OF THE CITY OF ORANGE
NOTICE IS HEREBY GIVEN that the City of Orange intends to amend its Conflict of Interest Code (the “Code”) pursuant to Government Code Section 87306.

The Code designates those positions which are subject to the disclosure and disqualification requirements of the City’s Code. The City’s proposed amendment identifies City officials who manage public investments that must file disclosure statements under Government Code Section 87200, adds new positions which must be designated, changes titles of some existing positions, and eliminates positions that have been abolished.

The proposed amended Code will be considered by the City Council on October 11, 2022, at 6:00 p.m. in the Council Chamber, 300 E. Chapman Avenue, Orange.

Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment. Any comments or inquiries should be directed to the attention of Pamela Coleman, City Clerk, City of Orange, 300 E. Chapman Avenue, Orange, California 92866, (714) 744-5500. Written comments must be submitted no later than October 11, 2022, at 3:00 p.m. Please see the October 11, 2022, City Council agenda for further details.

The proposed amended Code may be reviewed at, and copies obtained from, the office of the City Clerk.
784
Agenda Item
City Council
Item #: 3.21. 10/11/2022 File #: 22-0545
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
Approval of tax exchange agreement with the City of Anaheim as part of a reorganization of city boundaries. Resolution No. 11418.

2. SUMMARY
The resolution approves the tax exchange agreement with the City of Anaheim as part of a reorganization of city boundaries to allow for a more efficient delivery of municipal services.

3. RECOMMENDED ACTION
Adopt Resolution No. 11418. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11349 and approving a property tax exchange agreement between the City of Anaheim and the City of Orange regarding the Santa Ana River reorganization (areas 1, 1A, 2, 3 and remaining areas) No. RO 20-06 and determining said actions are exempt from the California Environmental Quality Act Pursuant to Section 15301 (Class 1, existing facilities).

4. FISCAL IMPACT
The City will forego $63.48 in property tax revenue per year as a result of the reorganization of city boundaries.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote the quality of life in the community c: Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
The cities of Orange and Anaheim share a long boundary and have worked collaboratively over the years to reorganize City boundaries to benefit both cities and improve the delivery of local services. A small portion of the existing Angel Stadium parking lot is located in the City of Orange and a boundary realignment would be required for any future development. In addition, the City of Anaheim is negotiating the acquisition of Orange County Flood Control District (OCFCD) excess properties within Orange in the area of Orangewood Avenue and the Santa Ana River for incorporation into Anaheim.

In discussions with the City of Anaheim, City staff requested extending the limit further north from the original proposal, just south of the SR-57, to eliminate a pocket of the Santa Ana River trail from remaining within the City of Orange. The City of Anaheim is amenable to the request and the total area is referred to as the Santa Ana River reorganization and includes approximately 9.8 acres. Such incorporation requires a boundary adjustment through the Local Agency Formation Commission of City of Orange Printed on 10/6/2022Page 1 of 2
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785
Item #: 3.21. 10/11/2022 File #: 22-0545
incorporation requires a boundary adjustment through the Local Agency Formation Commission of Orange County (OC-LAFCO). The City Council approved Resolution No. 11282 to support the proposed reorganization of city boundaries at its meeting on October 13, 2020.

Tax Exchange Agreement
Sections 99 and 99.01 of the California Revenue and Taxation Code requires jurisdictions involved in such a jurisdictional change to adopt resolutions agreeing to a property tax redistribution prior to LAFCO’sapproval of the reorganization. By approving the proposed resolution, the City of Orange rescinds a previous resolution that only included the Stadium Sliver, and agrees that the Santa Ana River reorganization area would be more efficiently served by the City of Anaheim and that it is appropriate to distribute one hundred percent (100%) of the City of Orange’s share of the one percent basic levy of property tax generated within the area to the City of Anaheim upon the effective date of the reorganization. The City of Orange’s share of this property tax revenue is $63.48 per year.

Upon completion of the annexation, the City of Anaheim will take over responsibility for providing city services to the area, and will also assume ownership of, and responsibility for, all right-of-way and public facilities adjacent to the property that are currently owned by the City of Orange.

Staff recommends adopting the resolution to approve the tax exchange agreement for the proposed reorganization of boundaries with the City of Anaheim.

7. ATTACHMENT
· Resolution No. 11418 with attached Exhibit A
City of Orange Printed on 10/6/2022Page 2 of 2
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786
Agenda Item
City Council
Item #: 3.21. 10/11/2022 File #: 22-0545
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
Approval of tax exchange agreement with the City of Anaheim as part of a reorganization of city boundaries. Resolution NO. 11418.

2. SUMMARY
The resolution approves the tax exchange agreement with the City of Anaheim as part of a reorganization of city boundaries to allow for a more efficient delivery of municipal services.

4. FISCAL IMPACT
The City will forego $63.48 in property tax revenue per year as a result of the reorganization of city boundaries.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote the quality of life in the community c: Support and enhance attractive, diverse living environments.

In discussions with the City of Anaheim, City staff requested extending the limit further north from the original proposal, just south of the SR-57, to eliminate a pocket of the Santa Ana River trail from remaining within the City of Orange. The City of Anaheim is amenable to the request and the total area is referred to as the Santa Ana River reorganization and includes approximately 9.8 acres. Such incorporation requires a boundary adjustment through the Local Agency Formation Commission of City of Orange Printed on 10/6/2022Page 1 of 2
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incorporation requires a boundary adjustment through the Local Agency Formation Commission of Orange County (OC-LAFCO). The City Council approved Resolution No. 11282 to support the proposed reorganization of city boundaries at its meeting on October 13, 2020.

Staff recommends adopting the resolution to approve the tax exchange agreement for the proposed reorganization of boundaries with the City of Anaheim.

7. ATTACHMENT
· Resolution No. 11418 with attached Exhibit A
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RESOLUTION NO. 11418

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE RESCINDING
RESOLUTION NO. 11349 AND APPROVING A

PROPERTY TAX EXCHANGE AGREEMENT

BETWEEN THE CITY OF ANAHEIM AND THE

CITY OF ORANGE REGARDING THE SANTA
ANA RIVER REORGANIZATION (AREAS 1, 1A,
2, 3 AND REMAINING AREAS) NO. RO 20 -06

AND DETERMINING SAID ACTIONS ARE

EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT
TO SECTION 15301 (CLASS 1, EXISTING
FACLITIES).

WHEREAS, on September 29, 2020, the Anahei m City Council approved Resolution No. 2020-118, directing its staff to file an application for reorganization with the Orange County Local Agency Formation Commission (OC LAFCO) for the City of Anaheim to annex approximately 9.8 acres of property (Annexation No. RO-06); and

WHEREAS, on October 14, 2020, the Orange City Council approved Resolution No. 11282, in support of the proposed jurisdictional and sphere of influence changes with the City of Anaheim (Annexation No. RO-06); and

WHEREAS, on November 24, 2020, the Orange City Council approved Resolution No. 2020-137 clarifying the following: the 9.8 acre area to be incorporated into the City of Anaheim is within City of Orange’s Boundary and Sphere of Influence, the reorganization includes the detachment of area from a Municipal Water District of Orange County territory and clarification that the application to OC LAFCO is for reorganization and rescinding Resolution No. 2020 - 118 (hereinafter referred to as the “Original Request”); and

WHEREAS, on August 10, 2021, the Orange City Council approved Resolution No. 11349, approving a property tax exchange agreement with the City of Anaheim regarding the Stadium Sliver Reorganization No. RO 21-04; and

WHEREAS, the cities have agree d that RO 21 -06 would r esult in a more efficient delivery of municipal services; and

WHEREAS, the Annexation NO. RO 20 -06 is respectively described and depicted on Exhibit “A” attached hereto, is currently located in Tax Area Rate 08 -002, and consists of an existing parking lot; and

WHEREAS, the reasons for the proposed Reorganization are as follows:

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2 Area 1 – Orange County Flood Control District (OCFCD) excess property south of Orangewood Ave., bounded by North Net Training Center (2400 E.

Orangewood Ave., Anaheim, CA 92806) and the Santa Ana River Trail – North Net is in the process of acquiring property from OCFCD for continued operational use for the North Net Training Center.

Area 1A – The proposed annexation would realign a sliver of the North Net Trai ning Center property at the northeast, located in the City of Orange, to allow the entire parcel to be located within the Anaheim city limits. This sliver would continue to provide operational use for North Net and incorporated with the proposed acquisition.

Area 2 - OCFCD excess property north of Orangewood Ave., bounded by Angel Stadium (2000 E. Gene Autry Way, Anaheim, CA 92806) and the Santa Ana River Trail – Anaheim Community Services Department, Parks Division is in the process of acquiring property from OCFCD for continued open space/water land use. Future use of this property for park purposes is currently under review by City of Anaheim, but has not yet resulted in a proposed change to the property’s General Plan land use designation.

Area 3 – City of Orange roadway between Area 1 and Area 2 is necessary to provide a straight boundary transition between Area 1 and Area 2 and continued use as a roadway; and

WHEREAS, the proposed changes of organization include the following jurisdictional changes and sphere of influence actions: (1) detachment of approximately 9.8 acres from the City of Orange city limits and sphere of influence along the Santa Ana River between approximately 1000 feet south of Orangewood Avenue and approximately 750 feet south o f Katella Avenue so that the new boundaries between the Cities of Anaheim and Orange align along the Santa Ana River Trail; and (2) annexation of the approximately 3.4 acres resulting from the new property acquisitions to the City of Anaheim; and

WHEREAS, the proposed reorganization will serve to promote logical, efficient and cost effective delivery of public services; and

WHEREAS, the City of Anaheim supports the proposed Reorganization No. RO 20-06; and

WHEREAS, the City of Orange and the City of Anaheim agree that the Santa Ana River Reorganization (Areas 1, 1A, 2, 3 and Remaining Areas) would be more efficiently served by the City of Anaheim and that it is appropriate to distribute one hundred percent (100%) of the City of Orange’s share of the one percent basic levy of property tax generated within the Santa Ana River Reorganization (Areas 1, 1A, 2, 3 and Remaining Areas) to the City of Anaheim upon the effective date of the Reorganization; and

790
3 WHEREAS, Sections 99 and 99.01 of the California Revenue and Taxation Code requires jurisdictions involved in such a jurisdictional change to adopt resolutions agreeing to a property tax redistribution prior to OC LAFCO’s issuance of a certificate of filing pursuant to Section 56658 of the California Government Code; and

WHEREAS, staffs of the City of Anaheim and the City of Orange have reached an agreement, subject to approval of their respective governing bodies, reg arding exchange of property tax as a result of the p roposed Reorganization, whereby, upon the effective date o f the Reorganization, the City of Anaheim shall receive one hundred percent (100%) of the City of Orange’s share of the one percent basic levy of property tax generated within the Santa Ana River Reorganization (Areas 1, 1A, 2, 3 and Remaining Areas); and

WHEREAS, staffs of the City of Anaheim and City of Orange recommend that concurrent resolutions be adopted by their respective City Councils; and

WHEREAS, the County of Orange is required to ado pt a resolution on behalf of the Municipal Water District of Orange County prior to consideration of the Reorganization by LAFCO; and

WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedures, the City of Anaheim is the "lead agency" for the preparation and consideration of environmental d ocuments for the proposed annexation application.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orange, California, hereby:

1. Rescinds Resolution No. 11349.

2. Approves the property tax exchange agreement reached between the C ity of Anaheim and the City of Orange whereby, upon completion of the Santa Ana River Reorganization (Areas 1, 1A, 2, 3 and Remaining Areas) between the City of Anaheim and the City of Orange (RO 20-06) described and depicted in Exhibit “A,” respectively, from the City of Orange to the City of Anaheim, the City of Anaheim shall receive one hundred percent (100%) of the City of Orange’s share of the one percent basic levy of property t ax generated within the Santa Ana River Reorganization (Areas 1, 1A, 2, 3 and Remaining Areas).

3. Finds that the effects of the proposed application for annexation of the Santa Ana River Reorganization (Areas 1, 1A, 2, 3 and Remaining Areas ) to the City of Anaheim are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301, Class 1 (Existing Facilities).

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4 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 Cl erk 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 , 202 2 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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5 EXHIBIT “A”

793
6 EXHIBIT “A” (CONTINUED)

794
Agenda Item
City Council
Item #: 6.1. 10/11/2022 File #: 22-0549
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Proposed Permit Parking Opportunity Areas.

2. SUMMARY
At its August 9, 2022, regular meeting, the City Council approved updates to the City’sNeighborhood Permit Parking Program. Among the changes adopted was the ability to establish city-defined permit parking zones (opportunity areas) in residential neighborhoods with a high potential for parking intrusion. This report recommends the formation and adoption of five discreet permit parking opportunity areas.

3. RECOMMENDED ACTION
Adopt the parking opportunity areas 1 through 5 as described herein and shown on the attached maps.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The City’sNeighborhood Permit Parking Program (NPPP) was updated in August 2022 to improve program accessibility, provide residents of potentially impacted areas more streamlined, and cost- effective options for either requesting permit parking in their neighborhoods or responding to parking displacement caused by the implementation of permit parking nearby.

In summary, the August 2022 updates resulted in the following key policy changes:

1. Reducing the permit parking application fee from $4,900 to $1,000 for non-exempt areas.

2. Specifying limits on data collection related to the conduct of parking studies, where required.

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3. Adjusting procedures for establishing permit parking areas as follows:
a) Allow for creation of city-defined permit parking zones (opportunity areas) in areas with high parking demand potential that residents can opt into, similar to Area “A”(University Permit Parking Area). Any city-defined opportunity areas will have the same implementation criteria as Area “A”:no application fee, no parking study, and a 55% petition support rate.
b) Outside of any opportunity zone, if within one year of implementing a new permit parking area there is spillover onto adjacent and abutting streets, allow requests to expand the permit area to the affected streets. Such requests would be exempt from the application fee but would need to meet the parking study and petition requirements delineated in the City’s NPPP policy.

This agenda item follows up on policy change 3a above by proposing the creation of permit parking opportunity areas. The proposed areas, along with methodology for their development, are presented below.

Based on historical patterns of residential parking complaints, anecdotal evidence, and staff’s observation, the most prevalent source of parking intrusion/permit request outside of Area “A”is high density, multi-family residential. Commercial, institutional, and recreational uses are also contributing land uses. This understanding will serve as the foundation for identifying opportunity areas. Also important in defining opportunity areas are specifying size and boundaries. Specifically, any opportunity area should be large enough to capture all streets within high parking-generator’sarea of “potentialeffect”,e.g. parking intrusion and subsequent displacement. Lastly, boundaries should be comprised of clear demarcation lines such as major roadways, freeways, railroads, and other infrastructure/land use features that create a logical barrier between potential parking supply and demand. With this in mind, the following criteria were developed for guiding the formation of permit parking opportunity areas:

1. Utilizing the City’s zoning and land use maps, identify “neighborhood sized” (generally bounded by arterial streets or freeways) single-family “islands”that are surrounded on multiple sides by high density multi-family housing, commercial, or institutional land uses.

2. Identifying existing permit parking areas that are in the vicinity of high parking- generators and, therefore, susceptible to parking intrusion.

3. Comparing above findings with recent and historic “high parking complaint” areas.

Applying the above results in the proposal of five permit parking opportunity areas. Each is described below and depicted on the attached maps.

Permit Parking Opportunity Area 1
Generally bounded by Sycamore Avenue to the north, Main Street to the east, 22 Freeway to the south, and 57 Freeway to the west. It is comprised of a very diverse land use mix, including high and medium density mutli-family housing, and commercial retail along Chapman Avenue and Main Street.

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medium density mutli-family housing, and commercial retail along Chapman Avenue and Main Street.

It is also adjacent to El Camino Park. Contained within are permit parking Areas “E”,“N”and “S”.

Lastly, staff is currently processing another permit parking request within this area.

Permit Parking Opportunity Area 2
Generally Bounded by the Santiago Creek Trail to the north, the 22 Freeway to the South, Tustin Street to the east and Glassell Street to the west. Recent requests for permit parking were unsuccessful, falling a bit short of the parking study requirements. However, the area is in very close proximity to high-density multi-family housing, and nearby streets are often observed to be parked almost “bumper-to-bumper”.

Permit Parking Opportunity Area 3
Generally bounded by Walnut Avenue to the north, the Orangewood Villa Apartments to the south, the 55 Freeway to the east and Wayfield Street to the west. The area is sandwiched between the freeway and high-density multi-family housing and in close proximity to the Tustin Street commercial corridor. Nearby and to the north are Permit Parking Areas “V” and “W”.

Permit Parking Opportunity Area 4
Bounded by a flood control channel/SoCal Edison Easement to the north, multi-family housing and the Katella Plaza to the south, Cambridge Street to the east and the Lantern Bay Apartments to the west. This area is very close to Permit Parking Area “B”and contains within it Permit Parking Area “H”.

Permit Parking Opportunity Area 5
Bounded by Meats Avenue to the north, Del Mar Avenue to the south, Greengrove Street to the east, and Cambridge Street to the west. This area is adjacent to high-density multi-family housing, near the Tustin Street corridor and across the street from The Village.

As previously mentioned, it is the intent that individual streets within each approved opportunity area would be eligible to opt in to permit parking, in a manner similar to Area “A”. Also similar to Area “A”, all streets that have opted in will be considered a part of the same overall permit parking zone, with parking permits valid on any designated street within the entire area. One significant difference between Area “A”and other permit parking opportunity areas (such as those being proposed) is that multi-family dwellings (except duplexes) and abutting segments of roadway are ineligible to participate in the latter. This policy reflects that high-density multi-family dwellings represent the primary source of parking intrusion in most other areas of the city.

Staff believes that the permit parking opportunity areas proposed are appropriate for current conditions. Should the need arise, boundaries may be adjusted and/or additional areas added through City Council action in the future. Residents outside of the opportunity areas will continue to be able to avail themselves of the recently revised permit parking policy for standard permit parking requests.

7. ATTACHMENTS
· City of Orange NPPP Guidelines, August 2022
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· August 9, 2022 City Council Staff Report: Updates to NPPP Guidelines · City of Orange Land Use Policy Map
· Citywide Permit Parking Map with Proposed Parking Opportunity Areas City of Orange Printed on 10/5/2022Page 4 of 4
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Agenda Item
City Council
Item #: 6.1. 10/11/2022 File #: 22-0549
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Proposed Permit Parking Opportunity Areas.

3. RECOMMENDED ACTION
Adopt the parking opportunity areas 1 through 5 as described herein and shown on the attached maps.

4. FISCAL IMPACT
None.

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

In summary, the August 2022 updates resulted in the following key policy changes:

1. Reducing the permit parking application fee from $4,900 to $1,000 for non-exempt areas.

2. Specifying limits on data collection related to the conduct of parking studies, where required.

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2. Identifying existing permit parking areas that are in the vicinity of high parking- generators and, therefore, susceptible to parking intrusion.

3. Comparing above findings with recent and historic “high parking complaint” areas.

Applying the above results in the proposal of five permit parking opportunity areas. Each is described below and depicted on the attached maps.

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medium density mutli-family housing, and commercial retail along Chapman Avenue and Main Street.

It is also adjacent to El Camino Park. Contained within are permit parking Areas “E”,“N”and “S”.

Lastly, staff is currently processing another permit parking request within this area.

7. ATTACHMENTS
· City of Orange NPPP Guidelines, August 2022
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· August 9, 2022 City Council Staff Report: Updates to NPPP Guidelines · City of Orange Land Use Policy Map
· Citywide Permit Parking Map with Proposed Parking Opportunity Areas City of Orange Printed on 10/5/2022Page 4 of 4
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NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
1 Note: The Neighborhood Parking Permit Policy below does not apply to area “A” or other city- defined permit parking areas.
 The program to mitigate the intrusion 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” $1,000 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 $500 deposit and an additional $500 when the petition is issued.) (Exception: If within one year of implementing a new permit parking area there is spillover onto adjacent streets(s), a property owner of the affected street(s) may request expansion of that permit parking area. This request shall be exempt from the application fee but would need to meet the need and parking study and petition requirements.)  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.
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NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
2  Implementation of Permit Parking Program areas will only be considered when the following are satisfied:

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. Staff, through consultation with the applicant, shall determine appropriate dates and times for conducting the parking occupancy study. Up to three observations may be performed, at the discretion of the Traffic Engineering Division

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 number 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.
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NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
3  To minimize sign pollution, permit parking area shall be identified by area posting wherever possible.
 The City Council may, at its discretion, create city-defined permit parking areas in locations with high parking demand potential that residents can opt into on a block-by-block basis, similar to Area “A”. Requests in these areas shall be processed in a streamlined manner similar to Area “A” requests, with no application fee, no parking study, and minimum 55% support of the affected residents.

The City Manager/or his designee shall have the authority to suspend enforcement of neighborhood parking permit enforcement on a case-by-case basis for special requests. 805
Agenda Item
City Council
Item #: 7.2. 8/9/2022 File #: 22-0452
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Review of City’s Neighborhood Permit Parking Program policy

2. SUMMARY
The City’sNeighborhood Permit Parking Program (NPPP) was first established in 1987 to provide a mechanism for combating parking intrusion on residential streets. Since then, it has been amended several times, most recently in 2015, to align with the City’sevolving goals. In response to recent increases in permit parking inquiries staff was directed to review the NPPP and identify areas of potential change.

3. RECOMMENDED ACTION
Approve the proposed updates to the Neighborhood Permit Parking Program policy and implementation updates, dated August 9, 2022.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Permit Parking Program Background
Established in 1987 and periodically amended since, the City’s Neighborhood Permit Parking Program (NPPP) is designed to mitigate the intrusion of non-residential, e.g., university, commercial, and industrial, parking demands on residential streets. In doing so, the program strives to provide local residents and their guests with access to on-street parking within reasonable proximity of their homes. The NPPP currently includes 25 “lettered”permit parking areas, the first of which is designated Area “A”and comprises an area within and around Chapman University, as shown on the Attachment. The remainder of the city falls outside of Area “A”. This distinction is important since permit parking requests within Area “A” are currently processed in a unique manner.

Current Permit Parking Policy
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Area “A” Procedures and Implementation Criteria
Area “A”was first established in 1987, and subsequently expanded in 2001, to prevent Chapman University student parking from encroaching onto residential streets in high parking demand areas of Old Towne. Based on stakeholder input and staff observations at the time of its establishment, it was presumed that parking intrusion exists within its boundaries. But, because the intrusion potential and tolerance levels vary between the many streets within the area, the intent was that each street within the area’sboundary could request activation of permit parking on a case-by-case basis, if and when parking conditions deteriorate to unacceptable levels. Effectively, the Area “A”policy recognizes the inherent and potential need for permit parking around Chapman University, and provides for a streamlined implementation process.

Activating permit parking in Area “A”, involves the following key components:

1. No application fee
(Note: originally established without a fee, a $400 fee was subsequently assessed and paid by Chapman University on behalf of all future applicants. When Area “A”was expanded in 2001, the City Council waived the application fee for the expanded area.)

2. No parking study (minimum occupancy or utilization)

3. Petition showing 55% support of affected street(s.)
If the above criteria are satisfied, the request is presented to City Traffic Commission (CTC) for approval and City Council for final approval.

Non-Area “A” Procedures and Implementation Criteria
Each of the other subsequently approved permit parking areas (currently Areas “B”through “Y”)are created using a different procedure. Rather than establishing predefined boundaries and allowing those within to “opt in” at their discretion, each individual request is processed and evaluated for necessity (based on a parking study) on a case-by-case basis, with residents initiating a request for their street/neighborhood, and Traffic Engineering staff establishing a study area based on engineering judgement. The limits of the study area might then be further refined based on the result of the petition process or City Traffic Commission/Council direction and, if approved, each study area becomes a stand-alone lettered Permit Parking Area.

Implementation procedures outside of Area A are delineated in the city’sNPPP implementation policy.

The policy was most recently amended by City Council in 2015 and attached for reference. Key components of that policy involve the following requirements for establishing a new permit parking area:

1. Application fee be paid ($4,900)

2. Parking Study be conducted and the affected street(s) experience at least 75% occupancy.

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3. 75% petition support.

As is the case with Area “A”,all requests meeting the City’scriteria will be presented to both the CTC and City Council for approval.

Concerns Over Current Policy
Since the NPPP’sinception, the program has evolved through several policy changes, each reflective of the city’sneeds and priorities at the time. With the last change occurring seven years ago, it was requested that staff review the current policy to identify potential adjustments for improving the program while addressing several key concerns.

1. Program accessibility and appropriateness of the existing application fee. The existing fee level, while based on previous direction to achieve cost recovery, is among the highest of area cities and appears to be an obstacle for some neighborhoods.

2. Reducing impacts of permit parking upon adjacent areas. Permit parking inherently redistributes parking demand, but the magnitude and direction of potential parking displacement can be difficult to anticipate. While staff always considers the possibility of such impacts in establishing a study area, it is difficult to capture all streets/blocks that might be affected without significantly expanding it. However, doing so would increase the likelihood that the parking occupancy in the study area falls below the necessary threshold. Conversely, if the study area were too small, it increases the chance that any parking problem would shift.

Presented below are recommended NPPP policy changes that are intended to address concerns.

When considering them individually or in combination, it is important to recognize that the NPPP’s character can be quite sensitive to adjusting the values described below. Moreover, it is also critical to recognize the limitations of permit parking as a mechanism for parking mediation, and that the NPPP cannot address every individual scenario (should be designed for the “rule”and not the “exception”.)
Proposed Policy Changes

1. Application Fee
The fee achieves several objectives, including cost recovery of staff time; reducing frequency of frivolous requests; and serving as a tool for applicants to build local consensus by soliciting contributions. Lowering the fee can increase access to the program but adopting one too low can increase the volume of requests, which may or may not have merit, and staff time needed to administer the program, which the city has experienced in the past.

The existing fee is set at $4,900, which may be paid in 2 installments ($1,500 to initiate the parking study + $3,400 to continue with the process, assuming parking study requirements are satisfied.) As mentioned above, our fee is considerably higher than that of nearby cities, many of which charge between $0 and $500. To increase accessibility but avoid frivolous requests, a $1,000 application fee is proposed. The applicant would have the option of paying half of the fee City of Orange Printed on 8/4/2022Page 3 of 5
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$1,000 application fee is proposed. The applicant would have the option of paying half of the fee up front, with the balance being provided at the conclusion of the parking study.

2. Parking Study:

The intent of the parking study is to determine whether, and to what degree, a definable and correctable parking problem exists. It also helps to assess whether benefits to one area outweigh potential impacts to another. Currently, 75% occupancy (utilization) is required to implement permit parking. Adjusting this percentage could impact the number of qualifying streets. Also, to make a determination, staff conducts a number of observations, often visiting the study area six to eight times with the goal of collecting reliable data that can benefit the applicant.

Staff recommends maintaining the 75% occupancy threshold but explicitly limiting the number of observations to three. Maintaining the 75% occupancy would ensure that permit parking continue to be considered only on streets on which a significant parking problem exists. However, limiting the number of observations would reduce the staff time needed to process requests, offsetting the fee reduction and decreasing the time needed to process the request.

3. Petition
Staff believes the current petition requirements are appropriate and recommends no change.

4. Establishment of Areas
Outside of Area “A”,the city currently considers requests on a street-by-street basis, with a minimum of one “block”. To address the potential concern with spillover and streamline the process for responding to such concerns, staff recommends two changes to how permit areas are established:
i. Create a number of city-defined permit parking zones in areas with high parking demand potential that residents can opt into, similar to Area “A”. These zones would be along commercial corridors or other areas with a documented history/clear source of parking intrusion. Staff recommends that all city-defined zones have the same implementation criteria as Area “A”:there would be no application fee, no parking study, and a 55% petition support rate. If this change is approved, staff would present a subsequent report to the City Council, recommending parking zones for adoption. ii. Outside of any city-defined permit parking area, if within one year of implementing a new permit parking area there is spillover onto adjacent and abutting streets, allow requests to expand that area to the affected streets. Such requests would be exempt from the application fee but would need to meet the parking study and petition requirements.

Summary
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Item #: 7.2. 8/9/2022 File #: 22-0452
Staff believes the above NPPP modifications would achieve the goal of improving program accessibility while giving residents streamlined permit parking options in impacted areas.

7. ATTACHMENTS
· NPPP Policy Update 2022
City of Orange Printed on 8/4/2022Page 5 of 5
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810
811
TRASK AVE.

ST.

FAIRVIEW
ST.

AVE.

BLVD.

RANCHO
AVE.

FAIRHAVEN
BLV
D.

AVE.

SERR ANO

SANTIAGO

GLASSELL
LEW
IS ST. AVE.CHAPMAN
HE
W
ES AVE.

SANTIAGO
ORANGE
AVE.

TUSTIN
YORBA
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FLETCHER

CHAPMAN
ST.

PARK
AVE.

RD.

ORANGE OLIVE

LINCOLN
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IAL
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SHAFFER

TH E B LOCKDR
5 4
3 2
1Area J
Area C Area
E
Area H
Area B
Area
M
Area G
Area D
Area D
Area K
Area
F
Area I
Area I
Area A
Area I
Area I
Area P
Area Q
Area R
Area T
Area S
Area U
Area
L
Area
N
Area O
Area
V
Area W
Area
Y
Area X

ICITY OF ORANGE
PERMIT PARKING AREAS Date Saved: September 28, 2022
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y

PERMIT PARKING

OPORTUNITY AREAS
812
CULVER
RD
DEVON

AVE BUSH ST
ST
DR

SPR UCEAVE
PA
LM
DR

ARBOR WAY
BIRCH

ALVAREZ AVE
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RD
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PL

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LARKSPUR AVE

SILKTREE
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ST

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ST

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AIN ST

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M
AIN
S.R. 57 FWY
Area E
Area S
Area N
22 AREA MAP

NPPP OPPORTUNITY
AREA 1
.
0 0.1 0.2 0.3 0.40.05
Miles
813
TUSTIN
AVE
FAIRWAY DR.

GREENVIEW DR.

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S.R.-22 FWY
YOUNG
CIR.

PALMYRA AVE.

Area UAREA MAP

NPPP OPPORTUNITY
AREA 2
.
0 0.065 0.13 0.195 0.260.0325
Miles
814
MT. VERNON
WAYFIELD ST.

SYCAMORE AVE.

MARTHA

WAYFIELD CIR
PALM AVE.

HIGHLAND ST.

PARK
LN.

WALNUT AVE.

OAK ST.

TUSTIN ST.

S.R. 55 FWY
Area V
Area W

AREA MAP

NPPP OPPORTUNITY
AREA 3
.
0 0.065 0.13 0.195 0.260.0325
Miles
815
GLASSELL ST.

TAFT AVE.

CAMBRIDGE ST.

TRENTON AVE.

KATELLA AVE.

GRAND ST.

CENTER ST.

BLAKE ST.

SHAFFER ST.

CLEVELAND ST
HARWOOD ST.

PINE ST.

Area H
Area B

AREA MAP

NPPP OPPORTUNITY
AREA 4
.
0 0.065 0.13 0.195 0.260.0325
Miles
816
SILVERWOOD ST.

ST.

MAPLEWOOD

LINDENHOLZ

EBONYWOOD

GREENGROVE
CAMBRIDGE ST.

CANAL ST
MEATS AVE.

TUSTIN ST.

DEL MAR AVE.

LINCOLN ST.

THE VILLAGE

AREA MAP

NPPP OPPORTUNITY
AREA 5
.
0 0.06 0.12 0.18 0.240.03
Miles
Text
817
Agenda Item
City Council
Item #: 6.2. 10/11/2022 File #: 22-0557
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
Update on the City’s Short Term Rental Program.

2. SUMMARY
The City’sShort Term Rental Program has been in effect for one year and the 125 permits are scheduled to be renewed in the coming months. This report will update City Council on the administration of the program and status to date.

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 c: Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
History
In late Spring 2021, City Council adopted Ordinance No. 05-21 adding Orange Municipal Code (“OMC”)Chapter 5.94, regulating the licensing and establishment of short term rental businesses in the City, requiring the permitting of short term rentals; regulating the ownership, location, occupancy, and operations of such businesses; and detailing a system for addressing violations of Chapter 5.94.

Resolution 11317 established a short term rental permit fee of $150 to be congruent with a required business license for each rental property listing.

In September 2021, the City’sShort Term Rental (STR) program went live with the maximum number of 125 permits issued within the first six weeks. Currently, there are 88 interested parties on the waiting list. At the program’sinitiation, the City collected approximately $64,000 in licenses and fees.

Transient Occupancy Tax (TOT) accounted for $551,000 since the program’s inception.

Enforcement and Monitoring
All aspects of the program are monitored by Finance staff. Complaints have been minimal, with City of Orange Printed on 10/5/2022Page 1 of 3
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Item #: 6.2. 10/11/2022 File #: 22-0557
All aspects of the program are monitored by Finance staff. Complaints have been minimal, with relatively few violations incurred by permit holders, and fall within the responsibilities of the Finance and Police Departments. Complaints primarily involve street parking, trash cans, and noise. We continue to refine the complaint process, through the website, the Orange 24/7 app, and a 24-hour hotline monitored by an outside contractor (Host Compliance). Staff will be installing a more user- friendly web option, also provided by Host Compliance, to notify us of complaints such as Unauthorized STRs, Loud Party-Noise, Trash Related, Violations of occupancy limits, Parking, Advertising Violations, and Other nuisances.

To date we have issued violations to only four properties (seven major ($1,000) and five minor ($500) violations). Some have gone through the City Manager appeals process, which requires paying the fine before the appeal can be initiated. Once violations were issued and fines assessed, the complaints on those properties have all but ceased.

Staff continues to use the tools of police response for noise and parking complaints and follows up when police are dispatched to an STR-flagged property. However, of the two dozen times police have been dispatched to an STR flagged property, none have been identified as violations of the party ordinance.

Finance staff invest approximately 40 hours a week in the STR program addressing the following issues:
· Monitoring non-permitted STRs and attempting to get them delisted on the hosting platforms such as Airbnb, Expedia Group, etc.
· TOT collection efforts from both permitted and non-permitted rentals · Complaints from all incoming platforms and issuing appropriate violations. · Daily inquiries regarding the availability of additional permits. Despite notices on our website affirming the limit, many of the same parties call at regular intervals.

Through the hosting platforms, staff must first research the address to determine the assessor’s property record and the owner to identify illegally operating STRs and estimate their monthly booking.

Efforts to eliminate them start with a notice to discontinue advertising and/or renting the property on a short-term basis, cancel any existing reservations, and remove any advertisements pertaining to the short term rental of the property. Should the property owner fail to convert their rental to a period of 31 days or longer, the City will request any hosting platform to block their listing entirely. Compliance is required within 10 days.

Due to efforts being focused on program start-up and refinement of the violation process, follow-up efforts on illegal STRs began by issuing 14 letters in June, 10 letters in August, and 5 in September.

These efforts have resulted in one owner evicting a tenant due to a violation of a rental agreement. In the second case, management for the apartment complex at 3063 W. Chapman Avenue is assisting with efforts to stop the remaining nine illegal operators and assist with the collection of TOT.

Furthermore, there are 85 illegal listings that staff is currently researching to determine the owner(s).

Additionally, STR’sconfirmed to be illegally operating are reported to the hosting platforms for listing removal. Unfortunately, despite early promises by the hosting platforms to assist in combating illegally operating STRs, they have not been helpful in that regard. Accordingly, the hosting platforms have taken no action against these listings. Typically, the listings are taken down by the violators City of Orange Printed on 10/5/2022Page 2 of 3
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Item #: 6.2. 10/11/2022 File #: 22-0557
themselves.

The City Attorney’s office provided a significant investment of time assisting in developing the violations and appeals process, and continues to be a resource on a weekly basis.

Code Enforcement has only had to assist once, helping to confirm and eliminate an illegal bedroom unit being advertised by a permit holder.

STR web page
The updated STR web page includes a FAQ page, an Owner’sportal, renewal information, a listing of required documents, and examples.

Renewals
The renewal process went live September 30, 2022. As an enhancement to the program, proof of delivery of the Good Neighbor Policy (GNP) to each facing and adjacent neighbor will be a requirement of renewal approvals.

The GNP provides neighbors notice of the short term rental and the property manager’s current contact information, with the requirement to have a resolution to their complaint within 30-60 minutes.

This tool minimizes staff time as well as the need to issue violations.

7. ATTACHMENTS
· None
City of Orange Printed on 10/5/2022Page 3 of 3
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820
Agenda Item
City Council
Item #: 6.2. 10/11/2022 File #: 22-0557
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
Update on the City’s Short Term Rental Program.

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 c: Support and enhance attractive, diverse living environments.

Resolution 11317 established a short term rental permit fee of $150 to be congruent with a required business license for each rental property listing.

Transient Occupancy Tax (TOT) accounted for $551,000 since the program’s inception.

Enforcement and Monitoring
All aspects of the program are monitored by Finance staff. Complaints have been minimal, with City of Orange Printed on 10/5/2022Page 1 of 3
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821
Item #: 6.2. 10/11/2022 File #: 22-0557
All aspects of the program are monitored by Finance staff. Complaints have been minimal, with relatively few violations incurred by permit holders, and fall within the responsibilities of the Finance and Police Departments. Complaints primarily involve street parking, trash cans, and noise. We continue to refine the complaint process, through the website, the Orange 24/7 app, and a 24-hour hotline monitored by an outside contractor (Host Compliance). Staff will be installing a more user- friendly web option, also provided by Host Compliance, to notify us of complaints such as Unauthorized STRs, Loud Party-Noise, Trash Related, Violations of occupancy limits, Parking, Advertising Violations, and Other nuisances.

Furthermore, there are 85 illegal listings that staff is currently researching to determine the owner(s).

Additionally, STR’sconfirmed to be illegally operating are reported to the hosting platforms for listing removal. Unfortunately, despite early promises by the hosting platforms to assist in combating illegally operating STRs, they have not been helpful in that regard. Accordingly, the hosting platforms have taken no action against these listings. Typically, the listings are taken down by the violators City of Orange Printed on 10/5/2022Page 2 of 3
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Item #: 6.2. 10/11/2022 File #: 22-0557
themselves.

The City Attorney’s office provided a significant investment of time assisting in developing the violations and appeals process, and continues to be a resource on a weekly basis.

Code Enforcement has only had to assist once, helping to confirm and eliminate an illegal bedroom unit being advertised by a permit holder.

STR web page
The updated STR web page includes a FAQ page, an Owner’sportal, renewal information, a listing of required documents, and examples.

The GNP provides neighbors notice of the short term rental and the property manager’s current contact information, with the requirement to have a resolution to their complaint within 30-60 minutes.

This tool minimizes staff time as well as the need to issue violations.

7. ATTACHMENTS
· None
City of Orange Printed on 10/5/2022Page 3 of 3
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Agenda Item
City Council
Item #: 6.3. 10/11/2022 File #: 22-0567
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
Financial status update for Fiscal Years 2021-2022 and 2022-23.

2. SUMMARY
This report provides a summary of the City’sGeneral Fund year-end for Fiscal Year 2021-22 and a status update for Fiscal Year 2022-23.

3. RECOMMENDED ACTION
Receive and file.

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
Background
The General Fund is the City’smain operating fund that accounts for over half of the City’soverall revenues and expenditures. For the purposes of this report, due to the unique circumstances that COVID and related funding presented, staff is combining the activities of the General Fund, American Rescue Plan (ARP) Fund, and Business Activities Fund. These funds are very closely related to the General Fund and adding those activities presents a more complete picture of the General Fund’s overall health.

Fiscal Year 2021-22 (FY 22) General Fund Revenues
The General Fund concluded the year with total revenues of $147.3 million, $20.8 million more than the budget of $126.5 million.

Sales tax revenue closed at $49.8 million, $2.6 million more than the budget of $47.2 million. Strong performances in fuel sales, auto sales, and building materials and construction contributed to this increase.

Property tax closed at $48.5 million, $1.3 million above budget as we received higher than City of Orange Printed on 10/6/2022Page 1 of 4
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Item #: 6.3. 10/11/2022 File #: 22-0567
Property tax closed at $48.5 million, $1.3 million above budget as we received higher than anticipated revenue due to more property tax increment distributed from the County of Orange for the Successor Agency, and more property tax in-lieu of motor vehicle license fees.

Transient Occupancy Tax (TOT) was $5.2 million, and $800,000 more than was expected in June 2022 when the FY 23 budget was adopted. With a full year of unrestricted business and leisure travel, and the implementation of the Short Term Rental Program, TOT revenues have steadily normalized back to pre-pandemic levels.

Licenses and Permits were $880,000 more than the budget of $5.6 million, mainly as a result of increased business license revenues as well as a steady amount of building related permits (building, electrical, plumbing, etc.) which had increased during the pandemic. Miscellaneous Revenues of $4.2 million were $740,000 over budget of $3.5 million. This increase was primarily due to reimbursements from the Office of Emergency Services for costs incurred by the City through its assistance in out-of-town fire suppression efforts.

In addition to these revenues, $14 million was received as a second disbursement of ARP Funds, which was used to offset the public safety salaries in both Police and Fire Departments.

FY 22 General Fund Expenditures
The expenditure side of the ledger showed another year of savings of about $560,000, the difference between the final budget of $128.5 million and actuals of $127.9 million.

Although salaries & benefits were overbudget due to unanticipated overtime costs, departments continued their efforts to maintain and seek out cost-saving measures, while sustaining optimal service levels. A majority of departmental savings are due to controlling costs associated with maintenance and operation expenses. The debt service overage is due to an accounting entry that is made to account for the costs of acquiring streetlights from Southern California Edison. An offsetting savings exists in electricity expenditures, which is within the maintenance and operations category.

Itemized differences in budget vs. actuals in each category are noted below:

Category FY22 Final Budget FY 22 Actual Difference
Salaries & Benefits $88,648,539 $90,018,227 ($1,369,688) Maintenance & Operations 17,995,272 15,809,565 2,185,707 Internal Costs 20,144,816 20,144,816 -
Debt Service 1,706,800 1,961,828 (255,028)
$128,495,427 $127,934,436 $560,991
FY 22 Fund Balance
During the FY 23 budget preparation, the General Fund was projected to end FY 22 with a $23.5 million unreserved fund balance available (FBA). After the final numbers were calculated, FY 22 performed better than expected with revenues of about $147.3 million and expenditures of $127.9 million resulting in a revised FY 22 ending FBA of $28.3 million. The following is a comparative illustration:

FY22 Adopted
Budget for
FY22 June
2021
Original Estimate
for FY22 June
2022
Year-End
Actuals for FY
22 October 2022
Beg. Fund
Balance for FY 22
$27,012,409 $29,979,264 $29,979,264
Revenues 136,687,773 141,055,408 147,256,742
Expenditures (124,232,117) (126,516,116) (127,934,436)
Net Surplus 12,455,656 14,539,292 19,322,306
Transfers Out (10,850,000) (21,050,000) (21,350,000)
FY22 Ending
Fund Balance
$28,618,065 $23,468,556 $27,951,570
City of Orange Printed on 10/6/2022Page 2 of 4
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825
Item #: 6.3. 10/11/2022 File #: 22-0567
FY22 Adopted
Budget for
FY22 June
2021
Original Estimate
for FY22 June
2022
Year-End
Actuals for FY
22 October 2022
Beg. Fund
Balance for FY 22
$27,012,409 $29,979,264 $29,979,264
Revenues 136,687,773 141,055,408 147,256,742
Expenditures (124,232,117) (126,516,116) (127,934,436)
Net Surplus 12,455,656 14,539,292 19,322,306
Transfers Out (10,850,000) (21,050,000) (21,350,000)
FY22 Ending
Fund Balance
$28,618,065 $23,468,556 $27,951,570
As shown above, year-end revenues are $6.2 million higher than originally estimated, indicating a positive performance in sales tax revenues and highlighting a strong, diverse stream of revenue sources. Additionally, shown above are year-end expenditures of $127.9 million, approximately $1.4 million more than the estimate in June mostly attributed to overtime charges.

A full report of the FY 22 revenues and expenditures will be included as part of the presentation of the Annual Comprehensive Financial Report (ACFR, formerly the CAFR) at a future council meeting.

FY 23 Status Update
Revenues continue to show positive growth compared to previous years and have now reached pre- COVID-19 conditions. We are fortunate that the City’shistory of conservative spending practices positioned us to weather the past few budget cycles. Despite this, we continue to monitor changes in public policy and market conditions as major uncertainties are still present and may affect the lives of our citizens. Specifically, the impacts of inflation and rising interest rates will continue to affect our operating expenses.

As the economy stabilizes, revenues are currently anticipated at $132.8 million, up slightly from the budgeted revenues of $130.7 million. We have seen positive trends across most sales tax industries and anticipate revenues to continue to gradually increase over time as more of the general public leave their homes to shop, dine, and travel. However, staff is mindful of the possibility of economic turbulence and is closely monitoring any developments on that front. We anticipate having a better forecast to provide in the next few months when we have more information on sales tax receipts for the third quarter of the calendar year.

Expenditures are tracking as anticipated at $133.2 million, up $2.9 million over the approved FY 23 budget of $130.3 million due to carryovers, rolled forward encumbrances, and budget adjustments from previous Council-approved appropriations. As recent experience has proven, staff expects continued savings in this area. We will continue to monitor our fiscal situation to determine if any mid- year adjustments will be necessary.

Currently, expenditures exceed revenues by $850,000 due to the aforementioned carryovers and rollovers. This is typically the case early in the fiscal year. However, we anticipate refined sales tax projections coupled with judicious spending will ensure we continue to maintain a healthy fund City of Orange Printed on 10/6/2022Page 3 of 4
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826
Item #: 6.3. 10/11/2022 File #: 22-0567
balance. Moreover, the current estimated available fund balance at the end of FY 23 is $4.8 million.

FY 23 Revised Estimated Available General Fund Balance
Unreserved Fund Balance Available @ 7/1/22 $27,951,570 FY 23 Estimated Revenues 132,755,658
FY 23 Estimated Expenditures (130,323,637)
Excess Revenues over Expenditures 2,032,021
Carryovers/Encumbrances/Budget Adjustments (2,885,002) Unreserved Fund Balance Available @ 6/30/23 27,098,589 Transfers Out (approved with adoption of budget)
Transfer to Computer Replacement Fund (7,750,000) Transfer to Capital Project Fund (7,000,000) Transfer to Equipment Replacement Fund (5,750,000) Transfer to General Fund Contingency Reserve (1,093,938) Transfer to Accrued Liability Fund (660,000) Transfer to EMT Fund (400,000)
Total Transfers Out (22,653,938)
Estimated Available Fund Balance @ 6/30/23 4,444,651 General Fund Catastrophic Reserve 21,761,898
Est. Reserved & Unreserved General Fund Balance @ 6/30/23 $26,527,855 Early Look at FY 24
Staff has begun the budget process for FY 24, and these numbers will continue to be refined as many considerations will be measured, including revised revenue projections, potential savings in expenditures and the implementation of additional budget strategies to ensure we continue to maintain a balanced budget.

7. ATTACHMENTS
· None
City of Orange Printed on 10/6/2022Page 4 of 4
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827
Agenda Item
City Council
Item #: 6.3. 10/11/2022 File #: 22-0567
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
Financial status update for Fiscal Years 2021-2022 and 2022-23.

2. SUMMARY
This report provides a summary of the City’sGeneral Fund year-end for Fiscal Year 2021-22 and a status update for Fiscal Year 2022-23.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

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

Fiscal Year 2021-22 (FY 22) General Fund Revenues
The General Fund concluded the year with total revenues of $147.3 million, $20.8 million more than the budget of $126.5 million.

Property tax closed at $48.5 million, $1.3 million above budget as we received higher than City of Orange Printed on 10/5/2022Page 1 of 4
powered by Legistar™
828
Item #: 6.3. 10/11/2022 File #: 22-0567
Property tax closed at $48.5 million, $1.3 million above budget as we received higher than anticipated revenue due to more property tax increment distributed from the County of Orange for the Successor Agency, and more property tax in-lieu of motor vehicle license fees.

In addition to these revenues, $14 million was received as a second disbursement of ARP Funds, which was used to offset the public safety salaries in both Police and Fire Departments.

FY 22 General Fund Expenditures
The expenditure side of the ledger showed another year of savings of about $3.3 million, the difference between the final budget of $117.0 million and actuals of $113.7 million.

Itemized differences in budget vs. actuals in each category are noted below:

Category FY22 Final Budget FY 22 Actual Difference
Salaries & Benefits $88,648,539 $90,018,227 ($1,369,688) Maintenance & Operations 20,745,272 15,809,565 4,935,707 Internal Costs 20,144,816 20,144,816 -
Debt Service 1,706,800 1,961,828 (255,028)
$131,245,427 $127,934,436 $3,310,991
FY 22 Fund Balance
During the FY 23 budget preparation, the General Fund was projected to end FY 22 with a $23.5 million unreserved fund balance available (FBA). After the final numbers were calculated, FY 22 performed better than expected with revenues of about $147.3 million and expenditures of $127.9 million resulting in a revised FY 22 ending FBA of $28.3 million. The following is a comparative illustration:

FY22 Adopted
Budget for
FY22 June
2021
Original Estimate
for FY22 June
2022
Year-End
Actuals for FY
22 October 2022
Beg. Fund
Balance for FY 22
$27,012,409 $29,979,264 $29,979,264
Revenues 136,687,773 141,055,408 147,256,742
Expenditures (124,232,117) (126,516,116) (127,934,436)
Net Surplus 12,455,656 14,539,292 19,322,306
Transfers Out (10,850,000) (21,050,000) (21,350,000)
FY22 Ending
Fund Balance
$28,618,065 $23,468,556 $27,951,570
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FY22 Adopted
Budget for
FY22 June
2021
Original Estimate
for FY22 June
2022
Year-End
Actuals for FY
22 October 2022
Beg. Fund
Balance for FY 22
$27,012,409 $29,979,264 $29,979,264
Revenues 136,687,773 141,055,408 147,256,742
Expenditures (124,232,117) (126,516,116) (127,934,436)
Net Surplus 12,455,656 14,539,292 19,322,306
Transfers Out (10,850,000) (21,050,000) (21,350,000)
FY22 Ending
Fund Balance
$28,618,065 $23,468,556 $27,951,570
As shown above, year-end revenues are $6.2 million higher than originally estimated, indicating a positive performance in sales tax revenues and highlighting a strong, diverse stream of revenue sources. Additionally, shown above are year-end expenditures of $127.9 million, approximately $1.4 million more than the estimate in June mostly attributed to overtime charges.

A full report of the FY 22 revenues and expenditures will be included as part of the presentation of the Annual Comprehensive Financial Report (ACFR, formerly the CAFR) at a future council meeting.

Currently, expenditures exceed revenues by $850,000 due to the aforementioned carryovers and rollovers. This is typically the case early in the fiscal year. However, we anticipate refined sales tax projections coupled with judicious spending will ensure we continue to maintain a healthy fund City of Orange Printed on 10/5/2022Page 3 of 4
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balance. Moreover, the current estimated available fund balance at the end of FY 23 is $4.8 million.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 6.4. 10/11/2022 File #: 22-0546
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
Agreement with Townsend Public Affairs, Inc. for grant writing and legislative advocacy services.

2. SUMMARY
An agreement with Townsend Public Affairs, Inc. to provide grant writing and legislative advocacy services to the City.

3. RECOMMENDED ACTION
Approve agreement with Townsend Public Affairs, Inc. in the amount of $96,000 for legislative advocacy and grant writing services and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $96,000 and will be funded through the General Fund.

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 memberships 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 City of Orange Printed on 10/5/2022Page 1 of 2
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Item #: 6.4. 10/11/2022 File #: 22-0546
pursues grant funding.

Request for Proposal
At its meeting on August 9, 2022, the City Council approved Request for Proposal (RFP) No. 22-

23.06 for legislative advocacy and grant writing services. The RFP process allows staff to evaluate the potential service providers and present a recommendation for City Council consideration. The RFP was released on August 12, 2022, and includes three components: state advocacy, federal advocacy, and grant writing services. Respondents could submit a proposal for one, two, or three components, and each component was evaluated separately. The RFP requires that the cost proposal be a monthly retainer fee however, there is flexibility to propose additional services.

The RFP closed on September 12, 2022, and the City received six proposals.

Firm Name Federal
Advocacy
State
Advocacy
Grant
Writing
Best Best & Krieger X X X
California Consulting X
Corbin & Kaiser X X X
Evan Brooks Associates X
Intuitive Group X
Townsend Public Affairs X X X
After a thorough review of the proposals, two firms were invited to interview with staff: Townsend Public Affairs (TPA), and Best Best & Krieger (BB&K). Following interviews and feedback from references, staff is recommending that we contract with TPA for federal advocacy, state advocacy, and grant writing services.

TPA’sproposal demonstrates that it understands the City’slegislative advocacy and grant writing needs, and that it has a strong team that is well placed to meet those needs. TPA also demonstrated that its comprehensive federal, state, and grant writing services work together to more effectively achieve City goals for legislative, regulatory, and funding outcomes. TPA’sreferences confirmed that the firm has a proven track record of success and provides responsive service tailored to each City’s needs. Additionally, TPA recently assisted the City in the acquisition of two parcels from Caltrans for Handy and Hart parks. TPA’s understanding of state agencies, along with their network of relationships, allowed the City to secure a positive outcome in that endeavor.

Staff recommends approving the Professional Services Agreement with TPA for legislative advocacy and grant writing services. The agreement amount of $96,000 is for one year of services.

7. ATTACHMENTS
· Townsend Public Affairs Proposal
· Professional Services Agreement
City of Orange Printed on 10/5/2022Page 2 of 2
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833
Agenda Item
City Council
Item #: 6.4. 10/11/2022 File #: 22-0546
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
Agreement with Townsend Public Affairs, Inc. for grant writing and legislative advocacy services.

2. SUMMARY
An agreement with Townsend Public Affairs, Inc. to provide grant writing and legislative advocacy services to the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $96,000 and will be funded through the General Fund.

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.

In addition to memberships 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 City of Orange Printed on 10/5/2022Page 1 of 2
powered by Legistar™
834
Item #: 6.4. 10/11/2022 File #: 22-0546
pursues grant funding.

Request for Proposal
At its meeting on August 9, 2022, the City Council approved Request for Proposal (RFP) No. 22-

The RFP closed on September 12, 2022, and the City received six proposals.

Staff recommends approving the Professional Services Agreement with TPA for legislative advocacy and grant writing services. The agreement amount of $96,000 is for one year of services.

7. ATTACHMENTS
· Townsend Public Affairs Proposal
· Professional Services Agreement
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TABLE OF CONTENTS

Proposal for
State Legislative Advocacy, Federal
Legislative Advocacy,
and Grant Writing Services

September 12, 2022

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TABLE OF CONTENTS
Tabl
e of Contents ....................................................................................................................................... 1 C
over Letter ................................................................................................................................ 2 F
irm Overview ............................................................................................................................ 3 R
elationships ........................................................................................................................... 11 C
lient Service Team .................................................................................................................. 14 A
pproach and Methodology ...................................................................................................... 30 E
xamples of Work Products ..................................................................................................... 41 R
eferences .............................................................................................................................. 42 Clie
nts with Similar Service Needs ............................................................................................ 43 P
rofessional Services Agreement Acknowledgement ................................................................ 46 Ap
pendix A: Examples of Work ................................................................................................ 47 837

Proposal for Legislative Advocacy and Grant Writing Services | City of Orange Page 2

September 12, 2022

Aaron Schulze, Senior Assistant to the City Manager
City of Orange
300 E. Chapman Ave.

Orange, CA 92866

Dear Mr. Schulze:

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for State Legislative Advocacy, Federal Legislative Advocacy and Grant Writing Services to the City of Orange (“City”).

Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.

Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $2. 5 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.

TPA Senior Associate Sean McReynolds is the proposed Project Manager to lead advocacy services on behalf of the City. Detailed information regarding the proposed Client Service Team can be found on page 14 of this proposal. TPA will not utilize sub-consulting services to execute the scope of work. Additionally, information regarding clients with a similar service structure can be found on page 43.

Thank you again for your interest in our firm and your consideration of this proposal. Please contact Olivia Raymond at [email protected]
or at 949- 399-9050 if you have any
questions or need additional information. We would be honored to serve the City of Orange.

Yours truly,

Christopher Townsend
President
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FIRM OVERVIEW

TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California.

• Founder/Owner/President: Christopher Townsend

• Advocacy Success: Shepherded over 100 client-sponsored legislative proposals into law

• Funding Success: Over $2.5 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies

• Longevity: 24 years (founded in 1998)

• Number of Employees: 17

• Number of Registered State and Federal Lobbyists and Grant Writers: 14

• Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach

• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K-12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities

• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance

• Ranking by Revenue Reported to the California Secretary of State:
o 6th of 486 Firms Registered for 2021-22 Legislative Session o 99th Percentile
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FIRM OVERVIEW

LEGISLATIVE ADVOCACY ACHIEVEMENTS

Policy Sector Issue Description
Local Governance
Local Control and Finance
• Public Facilities and Finance
• Public Employee Programs
• Contractual Assessment Programs
• Infrastructure Financing Opportunities
Public Employee Benefits
• PEPRA Compliance
• JPA Benefits
• Medical Benefits Vesting
Cannabis • Drafting Local and State Cannabis Regulations • Local Control
Transportation
Local Streets and Roads • State Highway Relinquishments • Local Venue Signage on State Highways
State Highway System • State Bond Funding for Highway Projects • Expansion of Toll Lanes/Toll Roads
Water and Sanitation
Water Quality
• Drinking Water Public Health Regulations
• Groundwater Pollution Liability
• Groundwater Management Plans
• Direct/Indirect Potable Reuse
Water Infrastructure
• State Bond Funding for Water Projects
• Local Reliability Projects
• Water Conservation Programs
Sanitation Infrastructure • Integrated Regional Watershed Projects • Advanced Water Treatment Facilities
Housing and
Community Development
Affordable Housing • Developing Funding for Affordable Housing • Expanding Affordable Housing Eligibility
Economic Development
• Capital Investment Incentive Program Expansion
• Enterprise Zone Program Regulations
• Military Base Re-Use Land Planning
Redevelopment
• Agency Dissolution Process
• Developing Post-RDA Funding Sources
• State Liability Reduction
Recreation and Natural
Resources
Park Facilities
• Joint-Use Projects with Schools Districts
• State Bond Funding for Local Park Projects
(Propositions 11, 68, and 84)
Greenhouse Gas Reduction • TOD Housing to Support Cap and Trade Objectives • Increase Transit Accessibility for Active Transportation Cultural and Historical
Resources Cultural Facilities • CA Cultural and Historical Endowment • CA Nature Education Facilities Program
Public Safety
Public Health
• Air Pollution Reduction Methods
• Treatment of the Remains of a Deceased
• Veteran Resources
Crime Reduction • Sex Trafficking Control
• Gun Control
Local Law Enforcement
• Increasing Local Police Presence/COPS
• Police Body Cameras
• Regional Public Safety Task Force Initiatives
Education
Community College Districts
• Veterans Resources
• Alternative Energy Job Training
• ADA Reform
K-12 School Districts • K-12 Safety Planning Programs
• Joint Use Projects with Civic Agencies
School Facilities
• Charter School Facilities Funding
• Community College Facilities Funding
• K-12 School District Facilities Funding

A DETAILED SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL LEGISLATIVE

ADVOCACY ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
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FIRM OVERVIEW
FY 2022-23 STATE BUDGET EARMARKS

This table provides an overview of the budget earmarks that TPA secured on behalf of our clients in the State Budget for FY 2022- 23. TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with Members of the Assembly and Senate (and their staff), the Budget Committees, the Governor’s Administration, and other key stakeholders to ensure our client projects were included in the final official budget.

Client Name Project Amount
Awarded
California Academy of
Sciences Thriving California Environmental Learning Plan $2,100,000 City of Agoura Hills Linear Park Project $6,000,000
City of Anaheim Boysen Park Rehabilitation $15,000,000
City of Berkeley Marina and Pier Projects $15,000,000
City of Buena Park Water System Improvements $5,000,000 City of Compton Artesia Boulevard Bridge Rehabilitation $12,000,000 City of Costa Mesa
Citywide Park Project $10,000,000
Ketchum Libolt Park $1,200,000
Fairview Developmental Center $3,500,000
City of Del Mar Del Mar Bridge Replacement Project $2,200,000 City of Dinuba Fire Department Equipment and Training $2,000,000 City of Farmersville Fire Station Construction $7,000,000 City of Fremont
Teen Center Building Upgrades $8,000,000
Sabercat Bridge and Trail project open space
acquisition and planning $6,000,000
I-680 Sabercat Bridge Infrastructure $6,000,000
Housing Navigation Center $500,000
City of Fullerton Navigation Center Project $6,000,000
City of Gardena Broadband Infrastructure $4,000,000
Revitalization of Gardena Boulevard $2,000,000
City of Hayward Scattered Site Housing Model to Create Cost-Effective Permanent Housing for unhoused individuals $5,400,000
City of Huntington Beach Mental Health Crisis Unit $1,500,000 City of Irvine Sweet Shade Park $2,800,000
Mental Health Crisis Unit $1,500,000
City of La Habra Imperial/Coyote Creek Sinkhole $8,500,000 City of Laguna Beach Mental Health Crisis Unit $1,500,000 City of Merced Merced Regional Fire Training Center $3,000,000 City of Oakland Teachers Rooted in Oakland (TRiO) Program $5,000,000 City of Palo Alto Replacement of Fire Station 4 $5,200,000 841

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FIRM OVERVIEW
Newell Road Bridge Replacement $2,000,000
City of Parlier Parlier Police Station $2,500,000
City of Santa Clara Magical Bridge All-Inclusive Playground in Central Park $800,000 City of South San
Francisco
Linden Park Project $3,200,000
County of San Mateo Union Community Alliance $1,500,000 City of Tustin Centennial Park Rehab Project $4,800,000 Discovery Cube Los
Angeles Sustainability Park Project $5,000,000
Discovery Cube Orange
County Santiago Creek Sustainability Park $10,000,000
Imperial County Lithium Valley Specific Plan and PEIR $5,000,000 Land Conservancy of San
Luis Obispo County Camatta Ranch Preservation $2,500,000 North Orange County
Public Safety Task Force
Servicing the Public Safety Collaborative efforts within the cities of Anaheim, Brea, Buena Park, Fullerton, La
Habra, Stanton, and Placentia
$8,000,000
Oakland Museum of
California
Calli Americas Poster Collection Digitizing and
Cataloguing Project $250,000
Port of Hueneme eCrane - Electrical Crane Plug-In Infrastructure $5,000,000 Tri-Valley Cities Coalition Valley Link Rail Project (Environmental Study and Preliminary Engineering) $5,000,000
TOTAL FY 2022-23 STATE BUDGET EARMARKS: $200,950,000

FY 2021-22 STATE BUDGET EARMARKS

This table provides an overview of the budget earmarks that TPA secured on behalf of our clients in the State Budget for FY 2021- 22. TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with Members of the Assembly and Senate (and their staff), the Budget Committees, the Governor’s Administration, and other key stakeholders to ensure our client projects were included in the final official budget.

Client Name Project Amount
Awarded
City of Costa Mesa Regional Fire and Rescue Facility Improvements $2,500,000 City of Del Mar Del Mar Fairgrounds Operating Shortfall $3,500,000 City of Emeryville Affordable Housing Site Remediation $2,500,000 City of Farmersville Fire Engine Acquisition $750,000
City of Fremont Mission Blvd Interchange Modernization Project $7,200,000 City of Fullerton Hunt Library Restoration $2,750,000
Homelessness Recuperative Center $4,000,000
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FIRM OVERVIEW
City of Half Moon Bay Carter Park Renovation Project $4,750,000 City of Hayward Hayward Navigation Center $662,000
South Hayward Youth Family Center Project $1,000,000
City of Irvine Bommer Canyon Fire Prevention Efforts $1,000,000 City of Lafayette Safe Pathway for Children Trail $238,000 City of Modesto Infrastructure Improvements to County Islands $5,000,000 City of Oakland Oakland Fund for Public Innovation for the California Entrepreneurship Capital in the
Community Initiative
$8,000,000
Local Jurisdiction Assistance for Cannabis Equity
Program
$9,905,020
Oakland MACRO Project $10,000,000
Port of Oakland Freight and Passenger Infrastructure
Enhancements
$280,000,000
City of Pismo Beach Public Safety Communications Equipment $470,000 City of Reedley Olson/Kings River Sewer Main Replacement $2,800,000 City of San Leandro Memorial Park Rehabilitation Project $2,750,000 City of San Pablo Alternative Policing and Mental Health Program $2,000,000 City of Santa Ana Youth Facilities Improvements $4,000,000 City of South San Francisco Vehicle License Fee Adjustment $3,000,000 City of Tracy Multi-Generational Recreation Center $5,000,000 City of Tustin New Emergency Backup Generator $1,500,000 Discovery Science
Foundation
Discovery Cube of Orange County Re-Opening
Operating Expenses
$2,040,000
Discovery Cube of Los Angeles Re-opening
Operating Expenses
$2,600,000
North Orange County Public
Safety Task Force
North Orange County Public Safety and Homelessness
Task Force Program Extension
$7,800,000
TOTAL FY 2021-22 STATE BUDGET EARMARKS $377,715,020

FY 2019-20 STATE BUDGET EARMARKS

This table provides an overview of the budget earmarks that TPA secured on behalf of our clients in the State Budget for FY 2019- 20. TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with Members of the Assembly and Senate (and their staff), the Budget Committees, the Governor’s Administration, and other key stakeholders to ensure our client projects were included in the final official budget.

Client Name Project Amount
Awarded
City of Agoura Hills Stormwater Treatment Project $1,000,000 City of Avalon Underground Fuel Tank Removal and Replacement $500,000 City of Buena Park Historical Facilities Renovations $500,000 City of Costa Mesa Lions Community Park $1,000,000
City of Dinuba Water Well Replacement $1,000,000
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FIRM OVERVIEW
City of Huntington Beach Multi-Use Blufftop Path $1,700,000 City of Laguna Beach Laguna Canyon Road Fuel Modification $1,000 City of Oakland Public Safety Projects $4,000,000
Bus Services $1,000,000
City of Selma Storm Drain, Storage, and Recharge $1,500,000 Discovery Cube of
Los Angeles Natural Resources Pavilion $5,000,000
Discovery Cube of
Orange County Property Acquisition/Parking Structure $10,000,0000 East Contra Costa Fire
Protection District
Equipment, Vehicles, and Facilities
Acquisitions and Improvements $500,000
North County Transit District Del Mar Bluffs Stabilization Project $6,130,000 Tri Valley Cities Coalition Dublin Sports Grounds All-Abilities Playground $1,400,000 TOTAL FY 2019-20 STATE BUDGET EARMARKS $36,230,000

CUMULATIVE TOTAL STATE BUDGET EARMARKS
FOR FY 2019-20 AND FY 2021-22:
$614,895,020

FY 2021-22 FEDERAL APPROPRIATIONS EARMARKS

This table provides an overview of the appropriations earmarks that TPA secured on behalf of our clients in the Federal Appropriations legislation for FY 2021-22. TPA strategized with our clients to identify priority projects and transform them into appropriations requests. TPA then worked closely and diligently with Members of Congress and the U.S. Senate (and their staff), the appropriations committees, the President’s administration, and other key stakeholders to ensure our client projects were included in the final appropriations legislation.

Client Name Project Amount
Awarded
Amity Foundation Mother's Hub Residence $2,838,521
Cities of Anaheim, Brea,
Buena Park, Fullerton,
Stanton, Placentia
North Orange County Public Safety and Homelessness
Task Force $5,000,000
Cities of Dublin, Livermore,
and Pleasanton AXIS Mental Health Urgent Care $450,000
City of Agoura Hills Community Center $1,000,000
City of Beaumont Pennsylvania Avenue Widening $1,500,000 City of Berkeley African American Holistic Resource Center $1,000,000 City of Brea Tracks at Brea Extension $2,000,000
City of Chino Hills Open Space Fuel Reduction $565,000
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FIRM OVERVIEW
City of El Monte MacLaren Community Park Project $1,500,000 City of Emeryville Contaminated Remediation for Housing $2,000,000 City of Hesperia Maple Avenue Street Improvements $2,000,000 City of Huntington Beach

Sand Mitigation $15,500,000
Mobile Crisis Response Program $500,000
City of Murrieta Homeless Outreach Services Funding $500,000 City of Oakland Mental Health Resilience Project $1,230,000 Mental Health Resilience Project $734,000
Broadway - Bus and Pedestrian Safety $2,000,000
Violence Prevention Project $200,000
City of Placentia Golden Avenue Bridge $2,200,000
City of San Ramon Iron Horse Trail Crow Canyon Road Iron Horse Trail Bicycle-Pedestrian Overcrossing $2,000,000
City of Santa Clara City of Santa Clara De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects $2,725,000
City of Stanton Orangewood Parkette $850,000
Discovery Cube of
Orange County
Land Acquisition and Development for Sustainability
Festival $2,000,000
East Contra Costa Fire
Protection District Fire Station $1,500,000
Guadalupe Union School
District LeRoy Park $1,700,000
North County Transit District Hydrogen Fuel Cell Electric Bus Station $1,717,836 Rancho Santiago
Community College District RSCCD Digital Access Consortium $2,000,000 Town of Danville

Danville Townwide Traffic Signal Modernization $1,000,000 Iron Horse Trail Bridge, Nature Park, and Pedestrian
Safety Project $350,000
Yorba Linda Water District Heli-Hydrant $500,000
TOTAL FY 2021-22 FEDERAL APPROPRIATIONS EARMARKS $59,060,357

TOTAL FEDERAL APPROPRIATIONS EARMARKS
FOR FY 2021-22:

$59,060,357
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FIRM OVERVIEW

GRANT FUNDING ACHIEVEMENTS

This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.

These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.

Policy Sector State Funding Federal Funding All Sources Water and Sanitation $128.9 Million $8.7 Million $137.6 Million Transportation $619.2 Million $161.3 Million $780.5 Million Education $253.0 Million $46.8Million $299.8 Million
Parks and
Recreation $255.4 Million $30.1 Million $285.5 Million
Cultural Resources $122.4 Million $10.3 Million $132.7 Million Housing and
Development $715.6 Million $14.2 Million $729.8 Million Public Safety $138.7 Million $66.7 Million $205.4 Million TOTAL $2.233 Billion $338.2 Million $2.571 Billion

A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT

FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST

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RELATIONSHIPS

After the results of the November 8, 2022 General Election, the City will have several new state and federal elected representatives. See below for a list of the City’s current legislative delegation as well as the City’s new representatives beginning in 2023. Moreover, statewide, the Legislature will welcome 19 new Assembly Members and 10 new Senators. Additionally, Congress will welcome new members to both the House and Senate chambers with significant changes in committee assignments, chairmanships, and leadership expected for the 118 th Congress. TPA
will work diligently to educate the new elected representatives about the City’s legislative and funding priorities.

STATE GOVERNMENT

City Legislative Delegation
• Senator Dave Min
• Assembly Member Steven Choi
• Assembly Member Tom Daly

City Legislative Delegation (after November 8, 2022 General Election) • Senator Dave Min
• Assembly Member Avelino Valencia or Assembly Member Mike Tardif • Assembly Member Philip Chen

Administration and Agency Leadership
• Governor Gavin Newsom
o Senior Counselor Jason Elliott
o Executive Secretary Jim DeBoo
• Lieutenant Governor Eleni Kounalakis
• State Treasurer Fiona Ma
• State Controller Betty Yee
• Attorney General Rob Bonta
• Superintendent of Public Instruction Tony Thurmond
• Secretary Wade Crowfoot, Natural Resources Agency
• Secretary Toks Omishakin, California State Transportation Agency • Secretary Amelia Yana Garcia Gonzalez, California Environmental Protection Agency • Secretary Lourdes Castro Ramirez, Business, Consumer Services, and Housing Agency • Director Armando Quintero, Department of Parks and Recreation • Director Karla Nemeth, Department of Water Resources
• Director Joe Stephenshaw, Department of Finance
• Director Gustavo Velasquez, Department of Housing and Community Development

Legislative Leadership
• Senate President Pro Tempore Toni Atkins
• Senate Republican Leader Scott Wilk
• Assembly Speaker Anthony Rendon
• Assembly Republican Leader James Gallagher

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RELATIONSHIPS
Key Committees
• Senate Budget Committee, Nancy Skinner, Chair
• Assembly Budget Committee, Phil Ting, Chair
• Senate Governance and Finance Committee, Anna Caballero, Chair • Assembly Local Government Committee, Cecilia Aguiar-Curry, Chair • Senate Housing Committee, Scott Wiener, Chair
• Assembly Housing and Community Development Committee, Buffy Wicks, Chair

FEDERAL GOVERNMENT

City Legislative Delegation:
• Senator Dianne Feinstein
• Senator Alex Padilla
• Representative Lou Correa
• Representative Katie Porter

City Legislative Delegation (after
November 8, 2022 General Election)
• Senator Dianne Feinstein
• Senator Alex Padilla
• Representative Lou Correa or
Representative Christopher
Gonzales
• Representative Young Kim or
Representative Asif Mahmood

Administration
• White House Office of
Intergovernmental Affairs
• Department of Agriculture
• Department of Commerce
• Department of Education
• Department of Homeland Security
• Department of Housing and Urban
Development
• Department of the Interior
• Department of Justice
• Department of Labor
• Department of Transportation
• Army Corps of Engineers
• Bureau of Reclamation
• Economic Development
Administration
• Environmental Protection Agency
• Fish and Wildlife Service
• National Marine Fisheries Service
• National Park Service

Federal Agencies
• Army Corps of Engineers
• Bureau of Justice Assistance
• Community Oriented Policing
Services (COPS)
• Employment and Training
Administration
• Environmental Protection Agency
• Federal Emergency Management
Agency
• Federal Highway Administration
• Federal Railroad Administration
• National Endowment for the Arts
• National Park Service
• US Economic Development
Administration
• US Fish and Wildlife Service
• US Forest Service

Orange County Legislative Delegation:
• Representative Young Kim
• Representative Michelle Steel
• Representative Linda Sanchez
• Representative Mike Levin
• Representative Alan Lowenthal

House Appropriations Committee
• Representative Lucille Roybal-Allard
• Representative Barbara Lee
• Representative Ken Calvert
• Representative David Valadao
• Representative Mike Garcia
• Representative Josh Harder

Energy and Commerce Committee
• Representative Anna Eshoo
• Representative Doris Matsui
• Representative Jerry McNerney
• Representative Tony Cardenas
• Representative Raul Ruiz
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RELATIONSHIPS
• Representative Scott Peters
• Representative Nanette Diaz
Barragán

House Ways and Means Committee
• Representative Mike Thompson
• Representative Linda Sánchez
• Representative Judy Chu
• Representative Jimmy Panetta
• Representative Jimmy Gomez
• Representative Devin Nunes

Transportation and Infrastructure
Committee
• Representative Grace Napolitano
• Representative John Garamendi
• Representative Jared Huffman
• Representative Julia Brownley
• Representative Doug LaMalfa
• Representative Alan Lowenthal
• Representative Mark DeSaulnier
• Representative Salud Carbajal
• Representative Michelle Steel

Municipal Organizations
• US Conference of Mayors
• National League of Cities
• Mayors and CEOs for U.S. Housing
Investment

A DETAILED LIST OF OUR STATE, FEDERAL, AND LOCAL

RELATIONSHIPS CAN BE PROVIDED UPON REQUEST

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CLIENT SERVICE TEAM

PROFESSIONALS

With a team of 14 registered state and federal legislative and funding advocates, TPA has the breadth and depth of experience and the ability to deploy as many advocates as needed to maximize success for the City while minimizing the burden on City staff. TPA proposes a dedicated a team of seven people to perform legislative advocate services for the City:

Christopher Townsend
President
Role: Managing Principal/Senior Strategic Advisor

Sean McReynolds
Senior Associate
Role: Project Manager/Legislative and Funding Advocate

Cori Takkinen
Vice President
Role: Strategic Advisor/Advocate

Eric Thronson
Deputy Director
Role: State Legislative and Funding Advocate

Alex Gibbs
Grants Manager
Role: State and Federal Funding Advocate

Ben Goldeen
Federal Advocacy Manager
Role: Federal Legislative Advocate

Christine Rose
Senior Associate
Role: State Funding Advocate

TPA’s State Capitol office is located across the street from the State Capitol building and TPA’s Federal office is located less than a mile from the Capitol building and all congressional offices, which allows us to engage with key decision makers in a timely manner. The City may also access the TPA State Capitol and TPA Federal offices as a venue for advocacy meetings or a temporary work area when City staff visits Sacramento and Washington, DC. Additionally, TPA’s Southern California Office gives TPA the ability to meet in-person with City staff and departments with little notice. Resumes for each member of the Client Service Team are on the following pages:
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CLIENT SERVICE TEAM
Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 235 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations.

Townsend Public Affairs, Inc.

President 1998-Present

Christopher provides leadership to a team of 14 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include:

• Under Christopher’s leadership, TPA has become one of the most successful advocacy firms in California (and is continually recognized as a “top ten” firm registered with the California Secretary of State) while still providing the personalized attention and focus of a small boutique firm.

• Under Christopher’s leadership, TPA has shepherded over 100 legislative and regulatory proposals into law over a wide range of policy areas, including local governance, water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, elementary and secondary education, higher education, and public safety. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: President Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom.

• Christopher and his team have secured over $2. 5 billion in local, regional, state, and federal government grants as well as private and nonprofit grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, education, housing and economic development, parks and natur al resources, historical and cultural resources, and public safety.

• Maintains close bi -partisan relationships with several members of the California Congressional delegation, including Senators Feinstein and Padilla, and Representatives Torres, Lowenthal , Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi, Carbajal, DeSaulnier, Sanchez, Lieu, Harder, McNerney, Calvert, Garcia, Steel, and Kim.

• Christopher and TPA have participated in the development and implementation of several California bond propositions for the statewide ballot to provide capital funding for major infrastructure projects, including water and sanitation, transportation, education, housing and economic development, parks and natural resources, and historical and cultural resources, including Propositions 1, 1B, 1C, 1D, 1E, 12, 13, 14, 40, 47, 50, 55, 68 and 84.

Most recently, Christopher worked closely with the State Legislature and the Governor’s office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was approved on the November 2018 statewide ballot as Proposition 68. 851

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• In 1999, Christopher was appointed by Assembly Speaker Antonio Villaraigosa to serve on the Speaker’s Commission on State and Local Government Finance.

• In 1997, Christopher was appointed by Assembly Speaker Cruz Bustamante to serve on the California Film Commission.

PepsiCo/Taco Bell Corp., Irvine, CA
Senior Director, Government & Community Affairs 1992-1998

Christopher managed and directed government and media relations, crisis management, internal communications, and marketing publicity. Christopher also managed the political action committee for state and federal political races. Additionally, Christopher managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation.

Stein-Brief Group, Inc., Dana Point, CA
Vice President, Public Affairs 1982-1992

Christopher directed government, community, and media relations at the level, state, and federal levels, including the management of all political, civic, charitable, and cultural activities.

Christopher provided land- use planning and entitlement process analysis for domestic and international projects. Christopher also managed activities with numerous state and federal agencies to ensure compliance with all applicable laws and regulations governing land use.

Finally, Christopher created and directed a political action committee that supported various local, state, and federal candidates and ballot initiatives.

JFK School of Government, Harvard University, Cambridge, MA Master of Public Administration 1991

Claremont McKenna College, Claremont, CA
Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982

Coro Fellow
Southern California 1981

Harry S Truman Scholar
California 1980

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CLIENT SERVICE TEAM
Sean McReynolds, Senior Associate: Sean brings over 10 years of government affairs experience to TPA. Sean has both state and federal legislative experience in areas such as healthcare, water, natural resources, environment, veteran issues, budget, and education. Sean has a strong network of relationships with staff and members of the California State and Federal Legislative Delegation.

Townsend Public Affairs, Inc.

Senior Associate 2019-Present

Since joining TPA, Sean has helped secure nearly $35 million in funding achievements for TPA clients. Sean has also worked with clients to develop their legislative advocacy agenda at both the state and federal levels. Some of his recent accomplishments include:
• Working with the City’s lawmakers, as well as budget committees and staff, Sean helped secure $11.2 million in state budget funding for the City of Costa Mesa. This funding will allow the City to complete several critical park projects, including Ja ck Hammett Sports Complex, TeWinkle Athletic Complex, Ketchum -Libolt Park, Fairview Park Mesa, and Shalimar Park.

• Sean helped the City of Beaumont secure $1.5 million in federal Community Project funding, also known as federal earmarks. Working with the C ity’s Congressional Representatives, Sean shepherded funding for the Pennsylvania Avenue Widening Project to help revitalize a major thoroughfare in the City and allow this infrastructure project to be completed.

• Leveraging his legislative and agency relationships, Sean helped secure $1.5 million in grant funding for Beaumont -Cherry Valley Water District that has allowed the district to deploy a more effective water utility delivery system for its customers. This new system, which streamlines water meter readings and reduces costs, will allow the water district to increase its water savings while providing high- quality water resources for residents and businesses.

• In this year’s state budget cycle, Sean secured $2.2 million for the City of Del Mar to complete the Camino Del Mar Bridge Replacement project. This critical infrastructure project will allow residents, commuters, and pedestrians to more safely cross a maj or bridge that connects the region to the broader transportation network. Sean utilized his relationships with legislative leadership, staff, and relevant budget committees to help identify this funding opportunity for Del Mar.

• Sean has worked with multiple city clients to draft, sponsor, and coordinate state legislation and legislative directed spending. Sean has worked with elected officials on the legislative process and ensuring that bill language reflects client objectives. Specifically, Sean has worked on housing regulatory policy and transportation issues to ensure cities are allotted their fair share of State funds.

• Sean helped connect several clients with key federal officials to explore new funding opportunities and develop strategic partnerships to strengthen client relations in 853

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CLIENT SERVICE TEAM
Washington, D.C. Sean has also helped many of our clients identify new ways to expand their businesses. Sean has provided expert analysis and feedback on a variety of policy issues for our clients. He has played an integral role in bringing client concerns to the attention of decision makers in Sacramento while helping navigate the legislative process.

Orange County Health Authority
Senior Policy Analyst 2016-2018

Sean was responsible for helpi ng develop and implement CalOptima’s legislative agenda, strengthening relations with elected officials at every level of government, and improving the agency’s positive image in the community. Sean also worked with trade associations, lawmakers, and government agencies to further the agency’s goals and objectives.

U.S. House of Representatives, Congressman Ed Royce
Legislative Assistant/House Foreign Affairs Committee Liaison 2011-2015

Sean worked for Rep. Ed Royce in Washington D.C. and was responsible for managing a legislative portfolio, advising the Congressman on policy recommendations, and coordinating communications between the D.C. and California offices on House Committee actions.

California State University, Fullerton
Bachelor of Arts, Political Science 2012

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CLIENT SERVICE TEAM
Cori Takkinen, Vice President: Cori brings 13 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of local governance, transportation, water resources, infrastructure, sanitation, parks and recreation, and economic development.

Townsend Public Affairs, Inc.

Vice President 2011-Present

Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal issues, Cori has strong exper ience building coalitions, identifying synergies, and leveraging all available opportunities to achieve success. Cori has a strong network of relationships with state and federal Legislators, key staff, and various state and federal agencies. Some of Cori’s accomplishments include the following:

• In the FY 2021-22 State Budget, Cori worked with several municipal and nonprofit clients to secure $54 million in budget earmarks for priority projects, including funding for mental health, public safety, infrastructure improvements, and parks and trails improvements.

• In the FY 2019-20 State Budget, Cori worked with 5 municipal clients and 1 nonprofit client to secure $20.2 million in budget earmarks for priority projects, including funding for a stormwater treatment facility, historical renovations, park and trail improvements, fire prevention, and children’s science education.

• Leveraging relationships with the State Legislature, Cori secured an earmark in the FY17- 18 State Budget in the amount of $20 million to form the North Orange County Public Safety Collaborative. Since that time, Cori has identified additional funding oppor tunities at the state and federal level and the Collaborative has received a total of $40,800,000 since 2017. These annual funds have been allocated to be used for programs to address youth violence prevention and intervention in K -12 schools, programs to promote and enhance the successful reentry of offenders into the community and programs to address homeless outreach and intervention efforts.

• Cori worked with the City of Brea to secure over $10 million from local, state, and federal sources for the Trac ks at Brea project. The project is a four -mile multi-use rail to trail project that will traverse the City. Funding sources include: the US Environmental Protection Agency, California Natural Resources Agency, Strategic Growth Council, California Transport ation Commission, and the Southern California Association of Governments.

• Cori worked on behalf of the City of La Habra to secure a direct funding allocation in the FY 2021-22 State Budget in the amount of $8.5 million to repair an underground culvert in La Habra that collapsed due to a period of heavy rainfall. The culvert is a critical regional channel that provides drainage to approximately the City of La Habra and a portion of North Orange County. This is a critical infrastructure project to protect pu blic health and to protect one of North Orange County’s busiest traffic corridors.

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• Cori worked with the City of Santa Ana to secure a direct funding allocation in the FY 2018- 19 State Budget in the amount of $4 million to upgrade water infrastructure within the City. TPA worked with the City’s legislative delegation, staff from the Assembly and Senate Budget Committees, and the Department of Finance to ensure funding was included in the State Budget for this critical project to allow the City’s water custo mers to have real- time access to their water usage, which will help facilitate water conservation and reduce customers’ utility bills.

• Leveraging relationships with the California Federal delegation, Cori currently has over $25 million in Community Projec t Funding (or earmarks) included in the nine appropriations bills that have passed the House. In addition, Cori has leveraged her relationships with Senator Padilla and Senator Feinstein and has several projects selected as finalists for the Senate appropriations process. Cori maintains a close relationship with Senator Padilla from his previous tenure in the State Senate as well as through his tenure on the Board of Directors of the Discovery Science Foundation, the founding client of Townsend Public Affairs.

• In federal fiscal year 2022, Cori worked on behalf of several cities in North Orange County to secure $5 million in funding for the North Orange County Public Safety Collaborative through the federal appropriations process. This was the largest community project award nationwide for the OBJ/Byrne JAG program at the federal level. These annual funds have been allocat ed to be used for programs to address youth violence prevention and intervention in K-12 schools, programs to promote and enhance the successful reentry of offenders into the community and programs to address homeless outreach and intervention efforts

• Cori worked with the City of Laguna Beach to secure $59,628 through the FEMA Assistance for Firefighter Grant program. Cori worked closely with FEMA program staff to secure funding for mobile radios and programming equipment that brought the Laguna Beach Fire Department up to P -25 compliance. Bringing the Fire Department into compliance has allowed increased coordination and activity with the California Office of Emergency Services and the State’s Master Mutual Aid Plan.

County of Orange, Board of Supervisors
Policy Advisor for Supervisor John Moorlach 2010

Cori served as a policy advisor for, then-County of Orange Supervisor (and who is now a Senator in the State Legislature). Cori was responsible for research, analysis, and subsequent recommendations of all policy issues relating to Orange County Public Works as well as state and federal legislation. Cori served as a liaison between the Supervisor and County staff, constituents, and community groups.

Tom Campbell for US Senate Campaign 2010

Chapman University, Orange, CA
Master of Public Administration 2014

Claremont McKenna College, Claremont, CA
Bachelor of Arts Economics and Government with Leadership Sequence 2011

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CLIENT SERVICE TEAM
Eric Thronson, Deputy Director: Eric brings almost twenty years of legislative and public policy experience to TPA. While developing and implementing legislative and funding strategies for local public agency clients throughout California, Eric maintains deep relationshi ps with key members and staff of the State Legislature, the Administration, and select state agencies. Eric has broad expertise in transportation planning and infrastructure from his tenure with both Legislative Transportation Committees and the California Transportation Commission, but his expertise extends to other policy sectors including housing and land use, the state budget, and local governance.

Townsend Public Affairs, Inc.

Deputy Director 2021-Present

At TPA, Eric serves a broad range of public agency clients throughout California. He advocates at the federal, state, regional, and local level for client projects and programs including the pursuit of grants and other funding opportunities. Eric’s network of relationships in Congress, the St ate Capitol and at the California Transportation Commission contributes to his success with clients.

He is adept at assisting clients in navigating complicated legislative and regulatory frameworks at the local, regional, state, and federal levels, and dev eloping effective policy strategies and solutions for clients related to all aspects of transportation, housing, or infrastructure policy.

Since joining TPA, Eric has worked with clients to develop their funding proposals and secure competitive grant funding on projects. He has also worked to identify strategic funding resources that ensured his client’s visions were transformed into reality. Some of his work includes:

• Eric worked with the City of Fontana to develop, prepare, and execute a strategic plan to support the City’s FY22 RAISE grant application. This highly competitive federal grant opportunity administered by the U.S. Department of Transportation formed a key component of the City’s Complete Streets Upgrades. These upgrades include street, bike, sidewalk, and trail improvements, bringing numerous benefits and better quality of life for Fontana residents. The strategy entailed gathering support from key stakeholders in a way especially tailored to the current Administration’s priorities , thus maximizing the application’s chances of success. In addition to tailoring a message, TPA planned advocacy that leveraged the City’s strengths during the grant review process. The culmination of this process was the award of $15 million in federal RAISE funds for the City’s transportation infrastructure improvements. In the FY22 RAISE cycle, Fontana was one of only eight jurisdictions in the State of California to receive a RAISE grant.

• Eric worked with California State Transit Agency staff to secure $23,600,000 in funding from the Transit and Intercity Rail Capital Program (TIRCP) for the Sacramento Regional Transit District. The proceeds from this grant will fund a fleet modernization project to purchase 8 new low-floor light rail vehicles to further expand low-floor light rail operations, resulting in faster train journeys, optimized boarding, increased safety, increased capacity, and expanded mobility options for the communities it serves.

• Eric worked closely and successfully with Congressman Raul Ruiz to secure an FY 2022 federal appropriations earmark in the amount of $2.5 million for SunLine Transit Agency’s Fueling Station Expansion project, upgrading its 350-bar hydrogen public station to include 700-bar fueling capability for light and heavy-duty vehicles. 857

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• From strategy development to last minute meeting with Legislators, Eric successfully navigated a tax measure on lithium extraction through the state budget process on behalf of the Imperial County Board of Supervisors, securing two-thirds support in the Legislature and the Governor’s signature.

• Eric worked successfully with Senator Anna Caballero to secure $3 million in the FY 2022-23 state budget on behalf of the City of Merced for its Regional Fire Training Center, including building infrastructure, the buildout of shared classroom spaces, decontamination facilities, urban search and rescue props, an aircraft rescue firefighting prop, emergency vehicle operations courses, fire training props, and the completion of a recycled shipping container fire tower.

• In the FY 2022 lithium tax trailer bill, Eric worked with budget staff and Assembly Member Garcia to include $5 million for the development of a programmatic environmental impact report and community benefit plan in Imperial County.

• Eric assisted the City of El Monte with extending a transport ation grant by leveraging his close relationships with the California Transportation Commission and saved the City over $400,000 that they otherwise would have had to backfill from its own General Fund.

Assembly Transportation Committee
Chief Consultant 2017-2020

As the Committee’s Chief Consultant, Eric directed and coordinated the Assembly’s agenda for all aspects of transportation policy. In addition, he developed and maintained relationships with key departments, stakeholders, and partner s to implement the Assembly’s transportation direction, as well as managing committee staff by training and mentoring new committee consultants through the process of policy analysis.

California Transportation Commission
Deputy Director of Legislation and Finance 2015-2017

Eric coordinated the development of the Commission’s legislative platform and assisted the Commissioners in advising the Legislature and Administration in the implementation of statewide transportation policy. In addition, Eric drove C ommission budget proposals through the administrative and legislative processes by identifying and analyzing transportation- related legislation.

Senate Transportation and Housing Committee
Principal Committee Consultant 2011-2015

Eric formed and developed legislative direction for statewide transportation policy, drafted and analyzed bills involving all aspects of transportation policy, and worked with state departments and other transportation partners to implement transportation-related legislation.

California Legislative Analyst’s Office
Fiscal and Policy Analyst, Transportation, Housing, and High-Speed Rail 2008-2011

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CLIENT SERVICE TEAM
Eric analyzed transportation and housing budget and policy issues and developed legislative options and recommendations. Eric also worked with department and legislative staff to assist in the adoption and implementation of the office’s legislative options and testified before legislative committees on fiscal and policy issues

LBJ School of Public Affairs, The University of Texas at Austin Master of Public Affairs 2008

Tulane University, New Orleans
B.A. in English, Minor in Classics 2000

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CLIENT SERVICE TEAM
Alex Gibbs, Grant Manager: Alex brings ten years of public policy and legislative advocacy experience to TPA. Alex has four years of experience working for the State Legislature analyzing , researching, writing, and shepherding bills through the legislative process. Alex has also secured significant grant funding for clients throughout California. Alex has expertise in the policy sectors of parks and recreation, local governance, public safety, transportation, cap and trade, and labor relations.

Townsend Public Affairs, Inc.

Grants Manager 2014-Present

During his tenure at TPA, Alex has been responsible for securing millions in competitive grant funds at the private, state, and federal levels for local public agency clients. In addition to his expertise on parks and recreation, transportation, and public safety, Alex has a strong network of relationships with State Legislators and key staff, as well as various state departments and agencies. Some of his accomplishments include:

• Alex worked closely with the City of Oakland staff to secure $10,801,183 in grant funding from the Clean CA Local Grant Program. Alex leveraged relationships with the California Department of Transportation and the City’s legislative delegation to successfully advocate for two funded projects. This funding helped the City of Oakland conduct the Courtland Creek Restoration Project, as well as the Oakland Mini Parks Beautification Project, both of which provided significant remediation and beautification of public resources for local residents.

• Alex led a team of Kern County staff through the application process to secure $6,515,000 in grant funding from the Prop 68 Statewide Parks Program (Round 4). This funded the South Kern Lamont Park Project which provided much needed renovations to an existing park in the community of Lamont, despite grant program guidelines which provided preferences for the construction of new parks.

• Alex collaborated with state Natural Resources Agency staff to secure a $3,086,000 Urban Greening Grant for the Desert Recreation District. This funded the construction of a new park and sports complex in unincorporated Riverside County. Alex then continued to work with the District on grant administration, ensuring the client was able to see the completion of their legacy project, that had been years in the making.

• Alex worked jointly with the City of South San Francisco to secure a $868,000 grant from the Active Transportation Program (ATP). Alex leveraged relationships with the California Department of Transportation and coordinated among local business stakeholders and school officials to craft a competitive grant application to the statewide ATP. This funding helped the City with their Linden and Spruce Avenue Traffic Calming Improvement Project to construct major traffic calming improvements to ensure bike and pedestrian safety at crucial intersections to residential and commercial neighborhoods.

• Alex collaborated with state and federal Land and Water Conservation Fund staff to secure a $750,000 grant for the City of Imperial. This funded the construction of a 300 plus acre regional park and equestrian center. Alex then continued to work with the City on grant 860

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administration, ensuring the client was given the appropriate time to meet deadlines and retain their funding.

• Alex worked in concert with the City of South San Francisco to secure a $658,000 grant from the San Mateo County Transportation Authority’s Measure A Pedestrian and Bicycle Program. Alex leveraged relationships with stakeholders in the County to ensure that the City received the funding needed for their Sunshine Gardens Project, including major traffic-calming improvements on streets frequented by students walking and riding bicycles.

• Alex worked closely with City of Novato staff to secure a $220,500 grant from the Food Waste Recovery program at CalRecycle. This funded a local food waste recovery effort in Marin County that allowed the City of Novato to partner with local non-profits and ensure that good food, that otherwise would go to waste, reached food banks and vulnerable residents.

• Alex has developed broad expertise with respect to public safety policy and funding. In conjunction with local stakeholders, Alex has worked successfully on a variety of public safety issues that affect local public agencies in California, including the fight against the trafficking and exploitation of minors, as well as the protection of local control regarding the manufacturing of medicinal cannabis products.

California State Senate
Legislative Aide 2012-2014

Alex worked as a member of the Eighth Senate District’s l egislative team representing San Francisco and San Mateo Counties. Alex’s primary responsibilities included monitoring, reviewing, and making recommendations on legislation passing through the Senator’s committee’s as well as bills of interest to the District. Alex annually carried a bill package through the legislative process and assisted with problem bills that required more support. Alex consistently had one of the highest numbers of bills signed into law of any senate staffer.

University of San Francisco, CA
Bachelor of Arts, Politics 2011

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CLIENT SERVICE TEAM

Ben Goldeen, Federal Advocacy Manager: Ben brings 12 years of federal legislative, funding, and public policy experience. Ben has experience managing legislative activity, including bill analysis, research, and drafting particularly for federal funding opportunities. Ben has expertise in several policy sectors including water resources, healthcare, housing, environmental hazards, agriculture, foreign affairs, and resources for veterans.

Townsend Public Affairs, Inc.

Federal Advocacy Manager 2021-Present

Since joining TPA, Ben keeps clients informed of significant actions and pertinent developments in the federal government and strategizes on ways in which to influence and enact changes in Washington, DC that have concrete results for clients. Some of Ben’s accomplishments include:

• Ben’s nearly seven years working for members of California’s Congressional Delegation has led to an extensive network of relationships both on Capitol Hill and within federal agencies. His understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the House and Senate are important to successfully advocating for California-based clients.

• Ben has first -hand knowledge of the current federal appropriations process, including community project funding requests. This process differs from the pre- 2011 earmark process and an understanding of the need to balance transparency and politics to submit a competitive request is key. Ben has utilized his experience to successfully assist clients secure millions of dollars’ worth of earmarks.

• Ben has identified new and previously under-utilized federal grants for the benefit of TPA clients. He has leveraged his relationships with key grant officials at various federal agencies to ascertain their specific priorities and buzz words required for successful grant applications. Ben then leverages that information to help TPA federal clients develop and submit more competitive federal grant applications and then provide more effective tailored advocacy to secure funding awards.

US House of Representatives, Office of Rep. Jim Costa (CA-16) Legislative Director, Senior Policy Advisor, Legislative Assistant 2016-2021

As Legislative Director Ben developed and implemented a diverse legislative strategy ranging from transportation projects to health care, water resources, agriculture, nutrition and more. Ben updated and advised the Congressman on the latest happenings in Congress and the Administration in order to successfully advance priorities. Ben directly managed a portfolio of water resources, agriculture, trade, federal budgeting, and appropriations while overseeing the entire legislative program. Prior to serving as Legislative Director Ben served as Senior Policy Advisor and Legislative Assistant, demonstrating expertise in housing, veterans affairs, financial services, health care, foreign affairs, intelligence, defense, and labor issues.

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CLIENT SERVICE TEAM

Maryland State Senate, Prince George’s County Senate Delegation Legislative Director 2016

Ben managed the legislative priorities of the County’s Senate delegation, successfully steering to passage dozens of bills related to local matters.

US House of Representatives, Office of Rep. Dennis Cardoza (CA-18) Legislative and Press Assistant, Legislative Correspondent, Staff Assistant 2010-2013

Ben advised the Congressman on a diverse range of legislative issues. In addition, Ben composed, documented, and tracked office correspondence, drafted memoranda, reports, and other informational documents for Representative Cardoza and senior staff that informed legislative positions. Ben coordinated with California government, local governments, community leaders, and industry experts to address constituent problems. Ben also received and documented messages, queries, and complaints from constituents, and categorized and assigned responses to constituent mail.

Boston College
Bachelor of Arts, Political Science and Latin American Studies 2010

University of Pennsylvania
Certificate in Community Development and Growth 2015

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CLIENT SERVICE TEAM
Christine Rose , Senior Associate: Christine brings a variety of experience and knowledge to TPA, including five years of experience in public policy and four years of experience in higher education. Christine has grant writing experience in areas such as education, cultural resources, public health, and transportation.

Townsend Public Affairs, Inc.

Senior Associate 2022 – Present

Since joining TPA, Christine has worked with clients to identify their funding needs and develop competitive proposals. She has identified new and strategic funding resources, bringing her clients’ proposals from idea to reality. Her work includes:

• Securing $3.8 million in California Community Schools Program implementation funding for Merced Union High School District for the expansion of their community school program. Funds will allow the district to offer social, academic, and medical services and resources at each of their community school sites, allowing students and their families to receive needed counseling, mental health services, behavioral support, food services and more in a linguistically and culturally appropriate environment.

• Working with Department of Education staff to secure a $200,000 California Community Schools Program planning grant award for Guadalupe Union School District. This funding helped the district plan for the expansion of their community school resources, including hiring additional staff and purchasing supplies.

• Advocating for funding for Guadalupe Union School District’s early learning center and securing federal community program funding in the amount of $200,000.

• Christine works to create accessible grant writing and development tools for clients such as grant tracking matrices and application breakdowns. These tools allow clients to access key strategic funding opportunities, develop comprehensive and competitive proposals, and ultimately secure grant funding.

• Christine works closely with clients to understand and meet their funding goals. Her collaboration with clients allows her to craft persuasive narratives and strong grant proposals. She is always researching and identifying new funding opportunities that fit the goals and objectives of her clients.

California State Assembly
Legislative Director 2018 – 2022

Christine worked as the lead member of the Twenty -third Assembly District’s legislative team representing portions of Fresno and Tulare Counties. Her primary responsibilities included crafting the Assembly member’s legislative package and shepherding all bills through the legislative process, as well as identifying budget priorities and staffing those requests. Christine was responsible for monitoring all legislation passing through the Member’s committees and the Assembly Floor, analyzing each bill and mak ing an appropriate recommendation. She had numerous bills signed into law and multiple budget requests included in the state budget.

California State Assembly
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Legislative Aide 2017 – 2018

Christine worked as a member of the Seventy -seventh Assembly District’s legislative team representing San Diego County. Christine’s primary responsibilities included carrying multiple bills through the legislative process as well as monitoring, reviewing, and making recommendations on legislation passing through the Assembly member’s committees. She worked collaboratively with constituents and stakeholders to help craft the Assembly member’s legislative package, carrying multiple bills to the Governor’s desk.

Cal Poly, San Luis Obispo
Master of Arts, History 2013

California State University, Sacramento
Bachelor of Arts, History and Government 2011

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APPROACH AND METHODOLOGY

UNDERSTANDING THE CITY

TPA is proud to represent public agencies and cities statewide, including many cities in Southern California—a dynamic that provides our firm with knowledge of the region and implementing local priorities in Sacramento and Washington, DC. Additionally, TPA is proud to have provided both legislative advocacy services and grant writing services for the City in prior years. In 2018, TPA worked with the City of Orange to introduce legislation that addressed the transfer of CalTrans property to the City. TPA also coordinated meetings with CalTrans staff, garnered support from community-based organizations, and executed a strategy that ultimately resulted in a successful outcome for the City.

TPA worked with several clients in Orange County to establish the North Orange County Public Safety Collaborative through the State Budget. The Task Force provides funding for cities within the North Service Planning Area (SPA), of which the City is a member. The FY 17-18 State Budget provided the Task Force with an initial investment of $20 million in funding (over four years) to coordinate and fund programs that: address youth violence prevention; to promote and enhance the successful reentry of offenders into the community; and address homeless outreach and intervention efforts. Since that time, TPA has successfully advocated at the state and federal level to increase the profile and reputation of the Collaborative and has secured a total of $40,800,000 in state and federal funding to support their efforts.

TPA understands the unique nature of the City’s historic designations and is well-equipped to not only help preserve the City’s Historic Downtown Plaza, but to ensure that state and federal legislative or administrative actions do not adversely impact the City. TPA has ext ensive experience representing cities with historic areas and has worked to mitigate statewide housing, environmental, and transportation policy to account for historic designations in order to preserve these critical areas. Additionally, TPA has experience working with cities and the US Department of Interior regarding land use policies and designations.

TPA has also worked extensively on Surplus Land Act policies and legislation on behalf of its city clients. Just this year, TPA was able to defeat legislation that would have impacted all cities throughout Orange County and their surplus lands. Additionally, TPA has developed a strong relationship with Assemblymember Phil Ting who has been the lead author on several surplus land use bills. TPA has also successfully mitigated surplus land issues through coordination with the California Department of Housing and Community Development. TPA looks forward to utilizing its relationships and experience to ensure the City is protected from overly burdensome regulations.

TPA also understands that not all communities are the same – each city has its own set of priorities, goals, and objectives. TPA has helped dozens of cities secure state funding, help pass or defeat legislation, and carry out the city’s mission at the state level. TPA understands the City’s homelessness and housing priorities , along with its regional and collaborative relationships.

TPA stands ready to coordinate with regional stakeholders to achieve the City’s goals and objectives as it relates to homelessness and housing policy.

Additionally, TPA has worked with cities on public works projects including active transportation, urban greening and water efficiency and reuse projects . TPA has been instrumental in crafting the current and previous park bond measures that will benefit the City’s existing and 866
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APPROACH AND METHODOLOGY
planned park assets. Specifically, TPA looks forward to bringing funding to the City’s parks including but not limited to Hart, Handy, and El Modena Parks.

V
arious types of funding can help the city achieve its goals for a multi-modal community. TPA understands that the City of Orange is also focused on these issues and welcomes the opportunity to utilize its legislative and funding expertise in these areas to bring back wins for the City.

Specifically, TPA looks forward to building on the City’s existing work to complete the Santiago Creek Bike Trail to enhance recreational opportunities for the City’s residents.

TP
A has worked closely with its public agency clients as they strive for vibrant business climates to attract and retain employers. TPA has helped cities as they work to preserve local tax revenue through the Board of Equalization, and sponsoring legislation to extend the State’s Capital Investment Incentive Program.

A
s part of its funding and advocacy strategy, TPA works alongside City staff to identify which city- sponsored Capital Improvement Projects would be competitive for grants or legislative directed spending. This can include water, sanitation, transportation, or parks projects that best fit with the Legislature’s goals – TPA looks forward to working with the City to secure funding for projects such as the North Tustin Street Corridor, the Orange Senior Center, and the Orange Public Library and Historic Center.

APPROACH TO ADVOCACY SERVICES
Loc
al agencies are the foundation of TPA. Since the firm’s inception in 1998, TPA has serviced over 235 public agencies in California, providing legislative and funding advocacy leading to overall community betterment. The TPA motto is “Champions for Better Communities” – a phrase that underscores every action of every member of our team and spurs a culture of collaboration and innovation. TPA has four core values, two of which match the City’s values – “service” and “teamwork.” TPA is also committed to providing superior levels of service to serve our communities and we strive to so in a collaborative and innovative way. Our third core value is “results-driven,” and we are constantly looking for ways to leverage strategy and politics to achieve the positive outcomes for our clients. Just like the City’s vision statement, TPA is focused on exceeding expectations to deliver quality services through excellence and innovation, and doing so in a way that supports, and matches, the City’s mission to serve those who live, work, and play in the community.

T
PA is comprised of 14 full -time passionate, hardworking advocates providing legislative and funding advocacy to turn clients’ visions into reality. The TPA team works with clients to craft and execute an agenda focused on implementing legislative and funding solutions for legacy projects at all levels of government. The firm is made up of team members with their own areas of expertise, who will collaborate and work together to achieve ultimate results. As an extension of City staff, TPA will organize advocacy trips to Sacramento and Washington, DC for the Mayor, City Council, City Manager, and/or designated staff to engage first-hand on priority issues. These efforts combined with tactical and consistent follow -up would undoubtedly lead to the notable achievements for the City.

TP
A would propose to employ the following three key strategies to advance the City’s legislative priorities:
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APPROACH AND METHODOLOGY

1. Coalition Development: As previously mentioned, issues become more salient to legislators and staff when they are framed as an issue impacting many. As such, TPA is well-versed in the process of coalition development to advocate for the passage of, amendments to, or halting of legislation. Over the years, TPA has developed an extensive network with members and staff of the California State Legislature, including strong relationships with senior professional staff, which provides a two- way dialogue allowing TPA clients access to voice their concerns and provide information on developing and proposed legislation. Further, TPA maintains strong, collaborative relationships with other like-minded local agencies and city associations like the Southern California Association of Governments (SCAG), League of California Cities (LOCC), Orange County Council of Governments (OCCOG) and the Association of California Cities – Orange County (ACC- OC), which TPA often will utilize to circulate advocacy positions and amendments to garner support. This strategy ensures that key legislators understand the breadth and impact of passing legislation that affects the City and other similar local agencies.

2. Proactive Engagement: TPA’s team of advocates work with our extensive network of legislative and agency contacts to anticipate the introduction of legislation in order to prepare and respond proactively. Throughout the Legislative Session, TPA will work with the City to provide constant updates on bills that may impact the City’s priorities and overall function. These efforts will ensure that no bill of interest is overlooked without the City being made aware of its impact and opportunity to respond. Proactive advocacy efforts will allow the City to have a seat at the table to work through potential amendments to improve the impact of legislation, and to work with other stakeholders to demonstrate the necessity to pass or halt the progress of bills.

3. Elevating the City’s Profile in Sacramento and Washington, DC : In addition to coalition work and proactive advocacy strategies, TPA will work to elevate the City’s profile in Sacramento and Washington, DC by showcasing the City’s legislative priorities at every available opportunity. This will include providing support or opposing testimony for priority bills at legislative policy committees, distributing advocacy letters and other materials to legislators, and organizing efforts to have the City sponsor legislation and testify before members of the Legislature. In addition, TPA will organize advocacy trips to Sacramento and Washington, DC for the Mayor, City Council, City Manager, and/or designated staff to engage first-hand on priority issues. These efforts, combined with tactical and consistent follow-up, would undoubtedly lead to the notable legislative achievements and recognition for the City.

STATE AND FEDERAL LEGISLATIVE ADVOCACY

TPA will utilize the following strategic and comprehensive approach to provide legislative advocacy services to the City:

• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.

• Develop Legislative Strategy: Utilizing the inform ation gathered during the onboarding process, TPA will coordinate with the City to develop an official legislative platform and 868

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APPROACH AND METHODOLOGY
strategy that represents the City’s priorities in Sacramento and Washington, DC. This blueprint will be shared with key stakehol ders in the State Legislature and Governor’s Administration as well as Congress and the Biden Administration.

• Implement the Legislative Strategy: TPA will advocate for the City’s legislative agenda utilizing the following methods:

o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda.

o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the City:

 Schedule meetings for the City to discuss relevant legislation  Prepare all briefing materials and talking points for the City  Brief legislative offices and stakeholders on the City’s legislative agenda  Follow-up on meetings to ensure commitments and deliverables are being met

o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC to meet with the City ’s legislative delegation, as well as legislators that serve on committees relevant to the City ’s agenda.

Furthermore, whenever possible, TPA will also schedule site visits by legislators to the City.

o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.

o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City . TPA will also draft and deliver position letters to legislators and key officials on specific bill language.

o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.

o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other f unding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City ’s project in the final State Budget approved by the Legislature.

o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.

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• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will pr
ovide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. Additionally, TPA will prepare an annual report of major legislative and administrative action that was considered that year, including an overview of legislation signed into law, upcoming administrative rules, regulations, and a forecast of legislative issues to expect in the year to come. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings. • P
repare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the City, all applicable state and federal lobbying disclosure reports.

GRANT WRITING
T
PA will utilize the following strategic and comprehensive approach to provide grant funding services to the City:
• C
onduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.
• C
raft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project, and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity. • I
dentify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list -serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’ s
pr
ojects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise. • C
ommunity Outreach: TPA will assist the City with community outreach required for grant applications by ensuring the City is aware of specific requirements, help develop materials that capture all elements required by the grant, and compile the data following the outreach to include in the application
• Gr
ant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
o E
stablishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusi on and i
nefficiency are avoided and the City is burdened as little as possible while TPA pursues a grant opportunity.
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o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:
 Application timeline
 Eligible project types
 Funding availability and award maximum and minimums
 List of application components, including proposal questions and any required attachments

o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project in order to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions.

o Coordinate Technical Project Details : For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost - benefit analyses, TPA will coordinate with City staff to compile all neces sary attachments and ensure consistency across all elements of the application.

o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.

o Incorporate Feedback to Finalize Proposal : Well ahead the of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application prior to submission.

o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.

TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.

o Funding Advocacy: Throughout grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well -crafted and well - positioned for funding.

• Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the st atus of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual 871

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APPROACH AND METHODOLOGY
granting agencies to provide background on City’s projects and convey their support for those projects.

• Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.

• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success.

• Provide Monthly Progress Reports: TPA will confer regularly with the City on our activities.

TPA will provide timely electronic monthly reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post -grant submittal advocacy. In addition to written reports , TPA will be available to the City for conference calls, in-person briefings, and meetings.

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APPROACH AND METHODOLOGY
In addition to the scope of services outline above, TPA will continually provide an updated grant matrix of potential funding opportunities for the City to consider. Below is a sample of upcoming state, federal, and foundation grants:

Administrator &
Grant Name
Application
Info Eligible Projects Application
Deadline
City Priority
Area
US Department of
Transportation

Safe Streets and
Roads for All (SS4A)
Grant Program
Action Plan
Grants:
$200,000 -
$1,000,000

Implementation
Grants:
$5,000,000 -
$30,000,000

20% Required
Match
Funds will support planning,
infrastructure, behavioral, and
operational initiatives to
prevent death and serious
injury on roads and streets
involving all roadway users,
including pedestrians;
bicyclists; public transportation,
personal conveyance, and
micromobility users; motorists;
and commercial vehicle
operators.

September 15,
2022
Multimodal
Transportation
Clif Bar

Clif Bar Family
Foundation Grant

$7,000 Average
Grant Award

No Match
Required
The Clif Bar Family Foundation
grant funds programs for
nonprofit organizations that
addresses two or more of the
following priorities, strengthens
our food systems, enhances
equitable community health
outcomes and safeguards the
environment/natural resources.

October 1, 2022 Senior, Family,
and Youth
Programs
Parks and
Recreation
Programs
US Department of
Transportation

Reconnecting
Communities Pilot
Program

Total Funding
Available: $195
Million

The program’s funds can
support planning, capital
construction, and technical
assistance to equita bly and
safely restore community
connectivity through the
removal, retrofit, mitigation, or
replacement of eligible
transportation infrastructure
facilities that create barriers to
mobility, access, or economic
development.

October 13, 2022 Multimodal
Transportation
City of Orange
Upcoming Funding Opportunities
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APPROACH AND METHODOLOGY
Administrator &
Grant Name
Application
Info Eligible Projects Application
Deadline
City Priority
Area
CalRecycle
Beverage Container
Recycling Grants
Award Min:
$75,000
A
ward Max:
$250,000
CalRecycle is seeking projects
that implement new or enhance
existing programs to provide
convenient beverage container
recycling opportunities in
various locations statewide.

October 18, 2022 Energy,
Efficiency, and
Sustainability
Workforce
Development Board
Workforce
Accelerator Fund 11
Awards Vary
R
equires 1:1
Match
Accelerator 10 seeks to fund
innovative approaches to
improve job quality, create
upward mobility, and bridge
workforce programs to quality
jobs for workers from
disadvantaged or low -income
communities in a continuing
effort to build a better California
for All.

NOFO Expected
September 2022
Workforce
Development
National Endowment
of the Humanities
Preservation
Assistance Grants
for Smaller
Institutions
$10,000 Min.

Award
$15,
000 Max
Award
Preservation Assistance
Grants help small and mid-
sized institutions —
such as
libraries, museums, historical
societies, archival repositories,
cultural organizations, town
and county records offices, and
colleges and universities —
improve their ability to preserve
and care for their significant
humanities collections. These
may include special collections
of books and journals, archives
and manuscripts, prints and
photographs, moving images,
sound recordings, architectural
and cartographic records,
decorative and fine art objects,
textiles, archaeological and
ethnographic artifacts,
furniture, historical objects, and
digital materials.

NOFO expected
October 2022
Records
Management
His
toric
Building Use
and Reuse
California Department
of Transportation
Local Partnership
Program
Total Funding
Available: $200
Million
The primary objective of this
program is to provide funding to
counties, cities, districts, and
regional transportati on
agencies in which voters have
approved fees or taxes
dedicated solely to
NOFO Expected
Fall 2022
Multimodal
Transportation
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APPROACH AND METHODOLOGY
Administrator &
Grant Name
Application
Info Eligible Projects Application
Deadline
City Priority
Area
transportation improvements or
that have imposed fees,
including uniform developer
fees, dedicated solely to
transportation improvements
through a formulaic and
competitive application cycle.

Federal Emergency
Management Agency
(FEMA)

Assistance to
Firefighters Grant
(AFG)
No Min. Award

No Max Award

10-15% Match
Depending on
Applicant
Jurisdiction Size

Administered by the Federal
Emergency Management
Agency, the program provides
funding to help fire departments
with critically needed resources
to protect the public; to train
emergency personnel, and to
foster interoperability and
support community resilience,
as well as enhance through
direct financial assistance, the
safety of the public an d to
provide a continuum of support
for emergency responders
regarding fire, medical, and all
hazard events.

NOFO Expected
Fall 2022
Public Safety
Department of
Housing and
Community Services

Project Homekey

Award amount
“per door”
dependent on
project size

No match
required, but
highly
encouraged
Eligible projects will develop a
broad range of housing types,
including but not limited to
hotels, motels, hostels, single-
family homes and multifamily
apartments, adult residential
facilities, and manufactured
housing, and to convert
commercial properties and
other existing buildings to
Permanent or Interim Housing
for the Target Population
NOFA Expected
Spring 2023
Housing and
Housing
Programs California Department
of Parks and
Recreation

Recreational Trails
Program (RTP)
No Min. Award

$2M Max
Award

12% Match
Required
Administered by the
Department of Parks and
Recreation and the Cali fornia
Department of Transportation,
the program provides funding
for recreational trails and trails-
related projects.

NOFO Expected
Spring 2023
Infrastructure
and Park
Development
and
Maintenance
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APPROACH AND METHODOLOGY
Administrator &
Grant Name
Application
Info Eligible Projects Application
Deadline
City Priority
Area
Firehouse Subs

Firehouse Subs
Grant Program
$10-25K
Average Award

No Match
Required
The Firehouse Subs Program
provides funding to purchase
equipment or provide training
for firefighters in areas where
the restaurant chain operates.

Ongoing
Application
Public Safety
WalMart

Local Community
Grant Program
$250 Min.

Award

$5,000 Max

No Match
Required
The Local Community Grant
program funds projects in the
areas of Community/Economic
Development,
Diversity/Inclusion, Education,
Environmental Sustainability,
Health and Human Service,
Hunger Relief, Public Safety,
and Quality of Life.

Organizations may submit a
total number of 25 applications
and/or receive up to 25 grants
within the grant cycle.

Ongoing
Application
Economic
Development

Senior, Family,
and Youth
Programs

Technology

Public Safety

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EXAMPLES OF WORK PRODUCTS
Pur
suant the RFP, TPA has provided the following examples of work product related to legislative advocacy and grant writing in Attachment 1 of this proposal, starting on page 47:
• State and Federal Legislative Advocacy
o City of Fullerton Legislative Platform, 2019
o City of Fullerton Legislative Matrix, 2021
o City of Brea Monthly Report, July 2020
o City of Tustin 2022 State Legislative Wrap- Up
o City of Ontario 2022 Washington DC Advocacy Trip Itinerary o City of Placentia Letter of Opposition SB 9 2021
o City of Beaumont August 22 Weekly Wrap-Up
• Grant Writing
o City of Palmdale Upcoming Funding Opportunities Matrix o City of Palmdale Urban Greening Grant Application, 2020 o City of Fullerton Pearl Park Project One Pager
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REFERENCES

1. CI

TY OF BREA
C
ontact Name: Bill Gallardo
Title: City Manager
Address: One Civic Center Circle Brea CA 92821
Phone Number: 714-990-7710
Email: [email protected]
Scope: TPA provides state and federal legislative advocacy services and grant writing se
rvices

2. CI

TY OF BUENA PARK
Contact Name: Aaron France
Title: City Manager
Address: 6650 Beach Boulevard, Second Floor Buena Park, CA 90621 Phone Number: (714) 562-3550
Email: [email protected]
Scope: TPA provides state and federal legislative advocacy services and grant writing se
rvices

3. C

ITY OF MURRIETA
Contact Name: Louie Lacasella
Ti
tle: Assistant to the City Manager
Address: 1 Town Square, Murrieta, CA 92562
Phone Number: 951-461-6008
Email: [email protected]
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CLIENTS WITH SIMILAR SERVICE NEEDS
The
following table details TPA municipal clients with a similar service scope to the ones sought in the RFP.

TPA CLIENT ROSTER

CLIENT SCOPE SERVICES
City of Agoura Hills State and Federal Grant Writing
City of Anaheim State and Local Both
City of Atwater State and Federal Advocacy
City of Avalon State and Federal Both
City of Beaumont State and Federal Both
City of Berkeley State and Federal Advocacy
City of Brea State and Federal Both
City of Buena Park State and Federal Both
City of Chino Hills State Advocacy
City of Concord State Both
City of Compton State and Federal Both
City of Costa Mesa State and Federal Both
City of Del Mar State and Federal Both
City of Dinuba State and Federal Both
City of El Monte State and Federal Both
City of Emeryville State and Federal Both
City of Farmersville State and Federal Both
City of Fontana State Grant Writing
City of Fremont State Advocacy
City of Fullerton State and Federal Both
City of Gardena State and Federal Both
City of Galt State Advocacy
City of Guadalupe State and Federal Grant Writing
City of Half Moon Bay State and Federal Advocacy
City of Hanford State Grant Writing
City of Hayward State Both
City of Hesperia State Both
City of Huntington Beach State and Federal Both
City of Huron State and Federal Both
City of Irvine State Advocacy
City of La Habra State and Federal Both
City of La Verne State and Federal Both
City of Lafayette State Advocacy
City of Laguna Beach State and Federal Both
City of Los Banos State and Federal Grant Writing
City of Madera State Grant Writing
City of Mendota State Grant Writing
City of Menifee State Grant Writing
City of Mission Viejo State and Federal Both
City of Modesto State Advocacy
City of Montebello State Grant Writing
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FEE SCHEDULE
City of Moreno Valley State Both
City of Morro Bay State Both
City of Murrieta State and Federal Both
City of Newport Beach Local Advocacy
City of Novato State and Federal Grant Writing
City of Oakland State and Federal Both
City of Oceanside State Advocacy
City of Ontario Federal Advocacy
City of Pacifica State and Federal Grant Writing
City of Palm Springs State and Federal Both
City of Palmdale State and Federal Grant Writing
City of Palo Alto State Advocacy
City of Parlier State and Federal Both
City of Paso Robles State and Federal Both
City of Pismo Beach State Both
City of Placentia State and Federal Both
City of Pleasanton State Both
City of Reedley State and Federal Grant Writing
City of San Leandro State Both
City of San Pablo State and Federal Both
City of Santa Ana State Both
City of Santa Clara State and Federal Advocacy
City of South El Monte State Advocacy
City of South San Francisco State and Federal Both
City of Stanton State and Federal Both
City of Temecula State Both
City of Tracy State and Federal Advocacy
City of Tulare State and Federal Both
City of Turlock State and Federal Both
City of Tustin State and Federal Both
City of Walnut Creek State Advocacy
City of West Sacramento State and Federal Grant Writing County of Imperial State and Federal Grant Writing
County of Kern State and Federal Both
County of Mariposa State and Federal Grant Writing
County of Stanislaus State Advocacy
Merced County Association of
Governments
Federal Advocacy
Town of Colma State and Federal Both
Tri-Valley Cities Coalition State and Federal Advocacy
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CONFLICT OF INTEREST STATEMENT
T
PA and the firm’s principal Christopher Townsend, does NOT have any financial interest in connection to our interest in this project with a member of the governing body of the City of Orange.
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PROFESSIONAL SERVICES AGREEMENT ACKNOWLEDGEMENT
TP
A is willing to execute the Professional Services Agreement included in the City’s request for proposals.
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Proposal for Legislative Advocacy and Grant Writing Services | City of Orange Page 47 APPENDIX A – EXAMPLES OF WORK
Pur
suant the RFP, TPA has provided the following examples of work product related to legislative advocacy and grant writing:

Legisl
ative Advocacy
City of Fullerton Legislative Platform, February 2019 ..................................................................2 City of Fullerton Legislative Matrix, November 2021 ................................................................... 7 City of Brea Monthly Report, July 2020 ...................................................................................... 21 City of Ontario Advocacy Day Agenda......................................................................................... 26 City of Placentia Letter of Opposition SB 9 2021 ....................................................................... 28 City of Beaumont August 22 Weekly Wrap-Up .......................................................................... 29 Gra
nt Writing
City of Palmdale Upcoming Funding Opportunities Matrix ......................................................... 34 City of Palmdale Urban Greening Grant Application, 2020 ........................................................ 47 City of Fullerton Pearl Park Project One Pager ......................................................................... 65 883

EXAMPLES OF WORK
L

EGISLATIVE

ADVOCACY

EXAMPLES OF
WORK
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CITY OF FULLERTON
2019 LEGISLATIVE PLATFORM
Adopted February 19, 2019

PURPOSE
The City o
f Fullerton’s 2019 Legislative Platform confirms the City Council’s position on current issues with the potential to directly or indirectly impact the City, thereby establishing guidelines to actively pursue pending legislation through monitoring and communications activities. Below are the Guiding Principles and Policy Statements that will allow City staff to address 2019 legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.

GUIDING PRINCIPLES
I. PRESERVE LOCAL

CONTROL
Preserve and protect the City’s powers, duties and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority. Local agencies should preserve authority and accountability for revenues raised and services provided.

II. PROMOT

E FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make cities more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.

III. SUPPORT

FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state and federal funding. Support funding for programs including, but not limited to economic development such as infrastructure investment and housing, transportation projects including road resurfacing, bicycle and pedestrian safety, multi -modal transportation systems and transi t oriented development, air quality, water quality and local water reliability, parks and recreation, historic preservation, natural resources, hazard mitigation, public safety and public health.

POLICY STATEMENTS
Administ
ration

1. Oppose State or Federal efforts to “borrow” local revenues and encourage the State to find other methods of balancing its budget.

2. Support local sales and use tax reform to create an equitable distribution structure that appropriately captures and allocates online sales tax.

ATTACHMENT 1: CITY OF FULLERTON
LEGISLATIVE PLATFORM 2019
2 885
2 3. Support local government action, rather than the imposition of state, federal or regional mandates upon local governments, as well as federal mandates placed on the state.

4. Support maximum flexibility for local government in contracting and contract negotiations.

5. Support open government initiatives as well as the principles of the open meetings provisions of the Ralph M. Brown Act at all levels of government.

6. Support legislation that facilitates the ability of local government to share resources to increase efficiencies and decrease costs, including local efforts to address regional management of public safety personnel.

7. Support legislation that preserves the ability of local governments to determine the appropriate type of election for their jurisdiction.

8. Monitor local, state and federal legislation pertaining to e-cigarettes.

9. Support the preservation of Proposition 13 as stated in City Council Resolution No. 2014-

51. Economi
c Development

10. Support international, statewide, regional and local efforts to attract, retain and provide resources for current and future commercial and industrial businesses.

11. Support policies and programs that encourage working with other cities, counties and government agencies to jointly leverage resources and assets to create and streng then economic clusters within the region.

12. Support policies, projects, programs and regulations for diversifying Fullerton’s manufacturing base and facilitating investment in the City’s industrial areas that will result in maintaining or growing local jobs and creating an environment that is attractive to high tech, research and development, business incubators, manufacturers, transportation and warehouse logistic companies, services and other emerging industries.

13. Support economic development initiatives that preserve and enhance a positive business climate and maintain and grow the business tax base.

14. Support efforts to allow cities to recapture true values of redevelopment and successor agency funds.

Air Quality

15. Support continued funding and incentives to local agencies to work together to improve air quality through the reduction of emissions and advancing economic and technical developments.

Building

16. Support policies and guidelines to facilitate alternative building methods, materials and technologies.

Natural Hazards

17. Support programs which provide funding to hazard mitigation projects including those identified in a FEMA-approved Local Hazard Mitigation Plan.

18. Support legislation or funding of state efforts to create an earthquake early warning system as well as to update and prepare earthquake hazard mapping. 3 886
3 Solid Waste and Recycling

19. Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recyclables.

20. Oppose any measures that invalidate AB 939 (California Integrated Waste Management Act of 1989) indemnification and prevent cities from negotiating indemnification clauses with waste haulers as well as support measures that mandate state agencies to comply with AB 939 in the same manner as required of cities and counties.

21. Support legislation that will provide funding to cities that must comply with unfunded state mandates related to waste management, solid waste recycling and organics recycling.

Water Quality and Water Supply

22. Support and monitor legislation that increases the availability of, and funding for, water conservation, water reuse technologies, water recycling, local water storage and other water supply technologies such as the Groundwater Replenishment System project.

23. Support Metropolitan Water District ’s regional recycled water demonstration program in Carson.

24. Support the enhancement of a reliable and sustainable water supply for California as we ll
as
measures that improve water quality in the region.

25. Monitor the development of a State framework for long term water conservation measures.

26. Support policy development, funding and research for water conservation, addressi ng ur
ban runoff and beach closures and required programs associated with OC NPDES permits.

27. Support the Bay Delta Conservation Plan/California WaterFix

28. Monitor water desalination technologies and support community education efforts, both pro and con, regarding desalination.

California Environmental Quality Act (CEQA)

29. Support all efforts to create efficiencies within CEQA and support efforts to limit delays in the local planning and development process.

30. Support measures and reforms which streamline the CEQA process for the development of housing and mixed-use infill projects that support transit.

31. Support legislation that allows State agencies and local governments to continue to retai n
f
ull authority to reject projects or to condition project approvals and impose mitigation measures.

Land Use Planning and Housing

32. Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement plans for orderly growth, development, beautification and conservation of local planning areas.

33. Support housing measures that promote the development and enhancement of safe and affordable housing and accessible housing within the City for all economic segments of the population, while still retaining local control.

34. Monitor local, state and federal actions related to medical and recreational marijuana regulatory changes.
4 887
4 35. Support local control over the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities.

Libraries

36. Support full State funding of the Public Library fund and other local public library programs.

Parks and Recreation

37. Oppose efforts that erode funding for vital regional and community services that negatively impact Californian's access to parks, open space, bike lanes and bike ways, after school programming, senior services, facilities that promote physical activity, protect natural resources

38. Support funding for the City of Fullerton to acquire additional land in West Coyote Hills.

39. Promote local agency control over policies that recognize the benefits of parks and recreation facilities.

Human Resources and Risk Management

40. Oppose measures that reduce local control over employee relations issues or mandate new or enhanced local government employee benefits.

41. Oppose measures that impose compulsory and binding arbitration with respect to employees.

42. Support pension reform measures designed to control or decrease employer liability or increase transparency in reporting without imposing undo hardships or administrative burdens on local government.

Public Safety

43. Support measures that encourage community safety and well-being including those which support state and federal reimbursement of homeland security related expenses.

44. Support the use of Homeland Security Funds for local law enforcement agencies as first responders.

45. Support existing Proposition 83 (Jessica’s Law) restrictions on residency requirements for sex offenders and advocate for increased restrictions and enforcement of penalties.

46. Oppose legislative attempts at early release of incarcerated prisoners and measures that would further de-criminalize non-violent offenses.

47. Support the repeal of Proposition 47 and Proposition 57 as well as funding for local mitigation related to Proposition 47 and Proposition 57, while they are in effect.

48. Support initiatives involving county, state, and federal governments to reduce and prevent homelessness in Orange County.

Police

49. Support local control over adult entertainment facilities, alcohol establishments and properties where illegal drugs are sold.

50. Support local control for the regulation of cultivation, storage, manufacture, transport and use of medic inal and recreational marijuana and monitor legislative and administration activity to create a regulatory structure for medical and adult use.

51. Support legislation increasing resources and local authority for abatement of public vandalism, especially graffiti.
5 888
5 52. Support local efforts to establish a 24-hour detoxification center in Orange County for use by police agencies.

53. Support use of Homeland Security Funds for local public safety agencies.

54. Support and promote statewide actions to reform POBAR to allow for more transparency.

Fire and Emergency Medical Services

55. Support local control of emergency medical services and ambulance service, including pre-hospital care and transport.

56. Support efforts to streamline and coordinate hazardous materials regulations.

57. Oppose National Fire Prevention Association (NPFA) standard 1710 requiring four-person fire crew staffing on each apparatus but support effective firefighting force.

58. Oppose the California Emergency Response Initiative and similar initiatives.

Public Works

59. Support increased State and Federal funding of transportation improvements with regional or sub-regional benefits for all modes of transportation.

60. Support protection of dedicated transportation- related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities.

61. Oppose any further funding for the California High Speed Rail project and to see if that funding can be used to fix our roads and infrastructure instead.

62. Support the reallocation of state or federal transportation dollars to fund local rail and transit projects.

63. Support continued appropriation of monies to fully fund the Federal Aviation Administration Contract Tower Program.

64. Monitor legislation that will impact or change the reorganization of taxicab and ride-hailing services transportation services.

65. Support the City securing their fair share of funding from SB 1 revenues to fund local transportation projects.

66. Oppose efforts that remove local regulatory authority on wireless infrastructure development.
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State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • (949) 399-9050 • Fax (949) 476-8215 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030

M E M O R A N D U M
To: City
of Brea
From: Towns
end Public Affairs
Date: Augus
t 3, 2020
Subject: Monthly Report for the City of Brea — July 2020 State Legislative Update
In July
, the Governor continued his regular press briefings to update the State on the latest information regarding COVID-19. Among other things, Governor Newsom took action to reduce indoor operations for certain sectors, announced a major purchase of personal protective equipment (PPE), and outlined a pandemic plan for the 2020-21 school year.

The Legislat
ure is entering the final month of the 2020 legislative session. The last day of session is August 31 when members will return to their districts in preparation of the November election.

Following adjournment on August 31, Governor Newsom will have 30 day to sign or veto legislation. The Legislature was originally scheduled to return to the Capitol on July 13, however several members and staff tested positive for COVID-19, postponing their return until August 27.

Assemblymember Autumn Burke (D-Inglewood) announced that she tested positive for COVID - 19 and Assemblymember Tom Lackey (R -Palmdale) had also tested positive and was hospitalized after contracting the virus.

Since m
embers have returned to the Capitol, there ha ve been discussions regarding the remaining 740 bills that are still active in both houses. Members were told to reduce their bill packages to allow for priority legislation to be considered under the new timeline. Assembly Speaker Rendon also announced the delay of all Assembly hearings on July 29 due to the imbalance of bills yet to be considered in both houses. Assembly and Senate Leaders are discussing the possibility of a special legislative session with the Administration; however, any decisions will likely depend on the growing number of COVID-19 cases throughout the state.

Below ar
e the upcoming deadlines for the Legislature:

August 15
– Last day for policy committees to meet and report bills August 21 – Last day for fiscal committees to meet and report bills August 24-31 – Senate floor session
August 26 – Last day to amend bills on the floor (Senate) August 31 – Last day for each house to pass bills
September 30 – Last day for the Governor to sign or veto legislation ATTACHMENT 2: CITY OF BREA

MONTHLY REPORT
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2 Governor’s COVID-19 Action Summary
Below is
a summary of the major COVID-19 actions taken by the State Administration in July:
• July 17 – School Re-Opening: Governor Newsom announced his plan for learning and safe schools ahead of the 2020–2021 school year, as the California Department of Public Health issued a framework for when and how schools should reopen for in- person instruction.
• July 16 – Pr
oject Roomkey/Homekey: Governor Newsom announced the availability of $600 million in funding for Homekey, the next phase in the state’s response protecting Californians experiencing homelessness who are at high risk for serious illness from COVID-19.
• July 2 – M
ask Campaign: The state launched “Wear A Mask” public awareness campaign encouraging Californians to use face coverings. The Administration has stated that this is one of the best ways people can protect themselves and others from the virus. • July 1 – St
ay at Home Order: Governor Newsom announced that certain sectors are being ordered to close indoor operations, due to the increased likelihood of spread and the ability to mitigate that spread. These closures are to go into effect immediately in the 19 counties that are on the County Monitoring List.

Legislature Announces State Economic Stimulus Package
On Jul
y 27, key members of the Legislature introduced the outline of a $100 billion economic stimulus plan. The plan will prioritize economic recovery efforts to build on the Legislature’s work on the State Budget. The Assembly and Senate have appointed ec onomic recovery working groups led by Senators Bob Hertzberg (D -Van Nuys) and Steven Bradford (D -Gardena), and Assemblymembers Phil Ting (D -San Francisco) and Jacqui Irwin (D -Thousand Oaks) . T he stimulus plan aims to raise $100 billion through a new tax voucher program and the acceleration of existing revenue streams. The plan includes the following relevant provisions:

State Rev
enues
• Authoriz
e State Treasurer to issue future tax vouchers to generate billions of revenues for general economic stimulus efforts.
• Securitization of current revenue streams, including:
o Accelerate SB 1 transportation funds to create jobs and improve key roads and highways.
o Accelerate existing California Public Utilities Commission ( CPUC) revenue streams that will expand broadband services throughout the state to benefit distance learning and other activities.
o Accelerate future Cap and Trade funds to backfill lost revenues due to the downturn and ensure critical programs remain funded.
• Accelerate authorized, but unused, general obligation bonds to generate bond funds to infrastructure projects.
• Borrow from the federal government to bolster state unemployment insurance programs. 8 891
3 Small Businesses
• Expand sm
all business tax breaks, such as extending the sales tax loan program. • Streamline the Work Sharing program administered by EDD. • Incentivize on-shore manufacturing of PPE, ventilators, swabs and other products critical to the COVID-19 response, including expansion of workforce retraining programs.

Protec
tions for Individuals; Housing and Homelessness Funding • Fill
gaps in Unemployment Insurance, including extending to undocumented workers, shortfalls resulting from if the federal government does not extend the $600 per week payment
• Increase affordable housing supply by helping homeowners access financing to build ADUs.
• Protect renters from eviction and support struggling homeowners and landlords. • Augment Budget Act appropriations for local governments to combat homelessness and provide incentives for local governments to build housing on non-traditional sites.

Envir
onment Funding
• Invest
in wildfire prevention and vegetation management activities. • Improve clean water delivery and recycling infrastructure. • Create a dedicated fund to incentivize light and heavy -duty, including passenger clean vehicles, as well as expedite and expand electric vehicle charging infrastructure projects. • Streamline the CEQA through targeted, and limited, use of the AB 900 process – including for housing – to ensure environmental leadership projects get built.

The Legislat
ure is currently seeking input from the Newsom Administration on the economic plan.

Housing Legislation
While
both the Assembly and Senate Leadership have asked members to reduce the number of bills to be considered for the remainder of this year, housing continues to be at the forefront of the Legislature’s agenda. On July 28, the Assembly Housing and Community Development Committee met to consider 10 housing bills. Below is a summary o f the relevant legislation that passed and has been referred to the Appropriations Committee:
• SB 795 (B
eall): Economic development: housing: workforce development: climate change infrastructure
o This bill allocates $10 billion over five years to several existing housing, homelessness, and pre- apprenticeship programs, as well as creating two new infrastructure financing programs at the Governor’s Office of Business and Economic Development (Go-Biz).
• SB 899 (W
iener): Planning and zoning: housing development: higher education institutions, nonprofit hospitals, or religious institutions o This bill provides that housing is a use by right on land owned by a religious institution, nonprofit hospital, or nonprofit college, as specified. • SB 1138 (W
iener): Housing element: emergency shelters: rezoning of sites 9 892
4 o This bill makes changes to housing element law with regards to where shelters may be zoned, as specified. This bill also requires localities that fail to adopt a legally compliant housing element within 120 days of the statutory deadline, to complete a rezone program within one year instead of the current three- year requirement.
• SB 1299 (P
ortantino): Housing development: incentives: rezoning of idle retail sites o This bill requires the California Housing and Community Development Department (HCD) to administer a program to provide grants to local governments that rezone idle sites used for a big box commercial shopping center to instead allow the development of workforce housing, as defined.

Simi
larly, the Senate Housing Committee is set to meet on August 6 and will consider 16 housing bills. A summary of the relevant legislation to be considered is below:
• AB 725 (Wicks): General plans: housing element: moderate-income and above moderate- income housing: suburban and metropolitan jurisdictions. o Amends Housing Element law to require certain jurisdictions to zone for multi - family moderate and above-moderate income housing.
• AB 1279 (B
loom): Planning and zoning: housing development: high-opportunity areas o Requires certain development sites in high resource areas to allow for mor e density and height and makes these sites subject to "use by-right" approval. • AB 2345 (G
onzalez): Planning and zoning: density bonuses: annual report: affordable housing
o Revises Density Bonus Law to increase the maximum allowable density and the number of concessions and incentives a developer can seek. • AB 3040 (C
hiu): Local planning: regional housing need assessment. o Allows cities and counties to receive a specified credit towards meeting their Regional Housing Needs Allocation (RHNA) for rezoning single -family neighborhoods to allow four units per parcel.
• AB 3107 (B
loom): Planning and zoning: commercial zoning: housing development. o Makes housing an authorized use on commercially zoned land. • AB 3269 (C
hiu): State and local agencies: homelessness plan.
o Creates the Office of the Housing and Homelessness Inspector General to provide accountability for state and local actions to address homelessness, imposes new requirements on local governments to develop actionable plans to address homelessness, and creates a public right of action for the Inspector General to compel compliance with those new plans.

TPA wi
ll continue to advocate on behalf of the City as the Legislature considers these housing measures in the coming weeks.

Public Safety
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5 Since the death of George Floyd, the Legislature has been focused on several bills that would address police reform, use of force, and public safety across the State. The Legislature will spend the next four weeks debating a variety of public safety bills, including bills that will ban the use of tear gas and rubber bullets, change immunity protections for peace officers, and increase the transparency of use-of-force cases.

Last y
ear, the Legislature took action to change the use of force standards in the State while providing training protocols for officers to adhere to the updated standards. The legislation (AB 396: Weber, D-San Diego) was seen as the most significant use -of-force reform passed by the Legislature in recent memory. After months of negotiating with police advocates, the bill eventually passed with bipartisan support in both houses. In the wake of recent national calls for police reforms and the condensed timeline to pass legislation due to COVID -19, police reform bills will be hotly debated in the coming weeks.

AB 66
(Gonzalez, D-San Diego) would restrict law enforcement agencies from using tear gas during public demonstrations and would set up reporting requirements to require agencies to comply with the new statewide restrictions. The bill is set to be heard in the Senate Public Safety Committee on August 7. SB 731 (Bradford, D-Inglewood) would change the immunity protections for police officers and set up a de-certification review process for individuals not in compliance.

Additi
onally, SB 776 (Skinner, D-Oakland) would expand SB 1421, which authorized the release of police personnel files. The bill would include all use-of force incidents to be subject to disclosure and would allow law enforcement agencies to review these files prior to hiring an officer. Both Senate bills are set to be heard in the Assembly Public Safety Committee on August 5. TPA will continue to provide timely and relevant updates on these bills and the negotiations to take place in the coming weeks.

Water Resiliency Portfolio
As a follow-up to Governor Newsom’s April 2019 Executive Order that directed State agencies to plan and prepare for statewide water shortages, the Governor announced a finalized Water Resiliency Portfolio that will direct future State water policies. The plan prioritizes safe drinking water, groundwater recharge, healthy waterways, and the Salton Sea.

The plan also outlines nearly 150 state actions to help build a more climate-resilient system as the State responds to the impacts of climate change. The portfolio guides policy regarding the long-term functionality of the State Water Project and other conveyance infrastructure.

In January 2020, the California Natural Resources Agency, Environmental Protection Agency, and Department of Food and Agriculture released a draft version of the portfolio for public feedback. More than 200 individuals responded with comments which resulted in 14 new actions reflected in the portfolio, including addressing upper watershed health and cross-border water issues.

Lastly
, the plan recognizes the current State budget and recognizes that the pace of these policy priorities will be dependent on future funding. TPA will continue to provide updates regarding relevant State water policy so the City is kept abreast of potential impacts on the regional water system or any changes in water rates for residents.
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6 Federal Legislative Update
J
uly was dominated by discussions and disagreements over the next coronavirus relief package, as cases continue to rise dramatically nationwide and the U.S. economic situation worsens.

Congress made progress on the next coronavirus related package, but is still not close to a negotiated deal, as many provisions, including federal supplements for unemployment insurance, expired on July 31.

C
oronavirus Aid Packages
I
n July, Senate Republicans introduced their long-awaited proposal for a Phase 4 of coronavirus aid, called the “HEALS Act.” This legislation has not been negotiated with Democrats and is a response to the House Democrats’ “HEROES Act,” a relief package full of Democrats’ priorities that the House introduced and passed in May.

T
he “HEALS Act” contains provisions including the following:
• Free up eligible uses for existing Coronavirus Relief Fund money to cover revenue loss (though no additional state and local funding in this area) • Add an additional round of stimulus payments, using the same formula as in the CARES Act
• Reduce weekly unemployment benefits for two months while states convert to a system to pay 70% of a person’s last wages
• Implement liability protections for nearly all organizations and employers • Implement new business tax breaks
• Extend the Paycheck Protection Program, add the ability to apply again, and create new small business loan programs
• Overhaul the student loan system and provides new education funding, much of which is dependent on reopening for in-person instruction
• Appropriate additional health care and vaccine funds
• Appropriate additional emergency funding for some line items, including rental assistance, fire departments, child care, the census, airports W
ith the introduction of the “HEALS Act,” bipartisan negotiations were expected to begin in earnest; however, by the end of July, Congressional leaders from both parties and Administration officials acknowledged that the two sides remain far apart, and negotiations on the next relief package continue.

I
n a major pivot from stalled Phase 4 talks, Republican senators introduced several standalone bills based on the GOP Phase 4 proposal to extend specific expiring or lapsed provisions .

Senators Bill Cassidy (R-LA), Steve Daines (R -MT), Mitt Romney (R -UT) and Marco Rubio (R - FL) introduced legislation that would provide $1,000 in direct payments to all Americans with a Social Security number, subject to income limits. The bill by would provide a family of four with $4,000. Senators Mitt Romney (R -UT), Susan C ollins (R- ME) and Martha McSally (R -AZ) introduced legislation to permit states to choose one of two options for federal unemployment insurance benefits: an immediate 80 percent wage replacement, or a declining amount of $500 per week in August, $400 per week in September, or $300 per week in October. So far, Democrats have not been inclined to support stopgap extensions, preferring to continue to negotiate a Phase 4 agreement.

A
ppropriations
12 895
7 The House App
ropriations Committee reported and marked up all 12 of their FY 2021 appropriations bills in July, and the House is working to pass them all on the House floor in packages. In the last weeks of July, the House took up the first package of four bills and is in the process of approving the second package of seven bills.

In additi
on to regular annual funds, the House Appropriations Committee also proposed an additional $90 billion for some Transportation, Housing, and Environment line items to cover additional coronavirus-related expenses, and those are reflected in the totals below.

The House
and Senate will finalize funding levels for each line item. TPA advocates for the Senate and the House to fully fund these programs in order to increase the likelihood of funding opportunities.

Below is the stoplight chart with new proposed House spending levels – green indicates level or increased funding, yellow unclear or negligible cut, and red indicates funding cuts.

Program
FY 2020
Enacted
FY 2021
President’s
Request
FY 2021
House
FY 2021
Senate
FY 2021
Enacted

HOUSING
Community Development Block
Grant (CDBG)
$3.43
billion $0
$7.5
billion
HOME Investment Partnerships
$1.35
billion $0
$19.2
billion
Homeless Assistance Grants
$2.8
billion $2.8 billion
$3.4
billion
Emergency Solutions Grants
$290
million $280 million
$290
million
Federal Housing Administration
mortgage insurance programs
$130
million $130 million
$130
million
HUD-VASH Vouchers
$40
million $0
$20
million
Self-Help and Assisted
Homeownership Opportunity
Program (includes Section 4
Capacity Building for Community
Development and Affordable
Housing)
$55
million $0
$110
million
HUD Tenant-Based Rental
Assistance
$23.9
billion $18.8 billion
$25.8
billion
HUD Project-Based Rental
Assistance
$12.58
billion
$12.64
billion
$13.4
billion
Public Housing Operating Fund
$4.55
billion $3.5 billion
$4.649
billion
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8 ECONOMIC
O
Economic Development
Administration (EDA)
$300
million $0
$356
million
USDA Community Facilities
grant
$49
million $40 million
$49
million
National Endowment for the Arts
(NEA)
$172
million $0
$170
million
National Endowment for the
Humanities (NEH)
$162.25
million $0
$170
million
Institute of Museum and Library
Services (IMLS)
$252
million $0
$257
million

TRANSPORTATION
Better Utilizing Investments to
Leverage Development (BUILD)
Grants $1 billion $1 billion $4 billion
Infrastructure For Rebuilding
America (INFRA) Grants
(Nationally Significant Freight and
Highway Projects) $1 billion $1 billion $1 billion
Capital Investment Grants
Program (New Starts) $2 billion $1.9 billion
$7.2
billion
Public Transportation Security
Grant Program
$100
million $36 million
$110
million
Federal Aviation Administration
$17.6
billion $14.2 billion
$18.1
billion
Federal Aid Highway Programs
(including National Highway
Performance Program (NHPP),
Congestion Mitigation and Air
Quality (CMAQ), Highway Safety
Improvement Program (HSIP),
National Highway Freight Program
(NHFP))
$46.4
billion $50 billion
$61.13
billion
Highway Infrastructure Programs
(including Surface Transportation
Block Grant Program (STBG))
$2.166
billion $0 $1 billion
Buses and Bus Facilities
Infrastructure Investment
$440
million $400 million
$374
million
Port Security Grant Program
$100
million $36.4 million
$110
million
PUBLIC
S
Community Oriented Policing
Services (COPS)
$343
million $99 million
$343
million
Second Chance Act Grants
(Recidivism/Reentry)
$90
million $87 million
$100
million
Byrne JAG
$547
million
$411.7
million
$525
million
14 897
9 Violent Gang and Gun Crime
Reduction/Project Safe
Neighborhoods (PSN)
$20
million $40 million
$20
million
Assistance to Firefighters (AFG)
Grants
$355
million
$344.3
million
$385
million
Staffing for Adequate Fire and
Emergency Response (SAFER)
Grants
$355
million
$344.3
million
$385
million
Disaster Relief Fund (including
FEMA Pre-Disaster Mitigation
Grant Program)
$17.35
billion $5.65 billion
$5.65
billion
DOI Wildland Fire Management
$2.350
billion
$2.409
billion
$2.385
billion
Urban Area Security Initiative
$665
million $426 million
$795
million
National Flood Insurance
Program (including Flood Hazard
Mapping Program)
$206.9
million $100 million
$204.4
million
HUD Lead Hazard Reduction
Program
$290
million $360 million
$340
million
DNA Capacity Enhancement for
Backlog Reduction Grant
Program
$46
million $45 million
$49
million
WATER
Clean Water State Revolving
Fund
$1.64
billion $1.1 billion
$12.96
billion
Drinking Water State Revolving
Fund
$1.13
billion $863 million
$12.96
billion
Bureau of Reclamation
$1.66
billion $1.1 billion
$1.64
billion
WIFIA
$60
million $25 million
$60
million
WaterSMART Grants
$134.24
6 million

18.152
million
$300
million

ENVIRONMENT
Land and Water Conservation
Fund (LWCF) Discretionary
$484
million $0** $0**
Brownfields Grants
$89
million $80 million
$350
million
BEACH Act Grants
$9.2
million $0
$9.2
million
Pollution Prevention Program
$8
million $0
$4.65
million
SAMHSA
$5.737
billion
$5.598
billion $6 billion
Yucca Mountain Nuclear Waste
Storage $0 $0 $0
15 898
10 Interim Nuclear Waste Storage $0 $27.5 million
$27.5
million
EPA Diesel Emissions Reduction
Grant Program (includes School
Bus Replacement and Retrofit
Rebates)
$87
million $10 million
$450
million

WELFARE
SS S C
Supplemental Nutrition
Assistance Program (SNAP)
$67.9
billion $68.3 billion
$68.277
billion
Special Supplemental Nutrition
Program for Women, Infants, and
Children (WIC) $6 billion $5.5 billion
$5.75
billion
Senior Community Service
Employment Program (SCSEP)
$405
million $0
$410
million
SCI National Science Foundation
(NSF)
$8.29
billion $7.7 billion
$8.55
billion
NASA Education
$120
million $0
$126
billion
*
*LWCF is appropriated to reflect its recent permanent reauthorization and conversion to mandatory spending, meaning that there will be $900 million in permanent funding each year .

This zeroing out reflects the transition from spending from discretionary to mandatory.

A
s the House considered the first package, the following amendments were approved on the House floor:

Sponsor(s) Party Summary
Porter (CA),
Boyle (PA)
Democrat Prevents funds from being used to reject any application for a grant due to the use of the term "global warming" or the term "climate change" in the application.

Ocasio-Cortez
(NY), Tlaib (MI)
Democrat Increases and decreases funds by $2 million in section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) account by $2 million for Brownfields grants with the intent of directing at least 10 percent of such grants be pr ovided to areas in which at least 20 percent of the population has lived under the poverty level over the past 30 years as determined by censuses and the most recent Small Area Income and Poverty Estimates, and that not less than an additional 20 percent of funds be used for projects in low-income community census tracts as defined as defined in 26 USC § 45D(e)(1).

Speier (CA),
Panetta (CA),
Cox (CA),
Eshoo (CA)
Democrat Increases and decreases funding to clarify that pending Water Infrastructure Finance a nd Innovation Act Program applicants should not be required to restart the application process in order for the agency to assess applications against project eligibility criteria.
16 899
11 Tlaib (MI),
Kildee (MI)
Democrat Doubles the funding level for lead pipe re placement, raising the amount appropriated for reducing lead in drinking water to $1 billion.

LaMalfa (CA) Republican Increases funding for the distance learning, telemedicine, and broadband program by $25,000,000, offset by a decrease in the Office of the Chief Information Officer fund by $5,000,000 and a decrease in the Agriculture Buildings and Facilities by $20,000,000.

Policing Bills
Despit
e momentum in June, Congress reached a stalemate in July on police reform bills, as both chambers refused to take up each other’s proposals. Reports indicate that the two bill sponsors, Congresswoman Karen Bass (D-CA) and Senator Tim Scott (R-SC), are communicating behind the scenes on a path forward. Meanwhile, House Democrats have started to add several police reform provisions to other bills, including a provision to limit transfer of military weapons to local law enforcement in a defense policy bill, and several provisions to limit aggressive police tactics in the appropriations packages. TPA will continue to advocate on behalf of the City to ensure that police reform legislation reflects the input of local governments and cities.

Census
In Jul
y, President Trump just signed an Apportionment Memorandum to exclude undocumented immigrants from census population counts.

As you m
ay recall, in June 2019, the Supreme Court blocked an effort to include a question on citizenship in the census, ruling it a violation of the constitution’s enumeration clause, which mandates Congressional representation, but sent it back to a district court for further deliberation.

The Administration ended its effort to pursue the citizenship question through the courts last July due to printing deadlines, but President Trump vowed to find work-arounds.

The 14th Amendment states that the Census must count the “whole number of persons in each state” for Congressional representation, which includes undocumented immigrants.

The order c
ites estimates that "one state" (apparently referring to California) has more than 2.2 million illegal immigrants, six percent of its population. It argues that, as a result, including illegal immigrants in the population for apportionment could result in the allocation of two or three more congressional seats than if they were not included.

Land and Water Conservation Fund
On July
22, the House passed the “Great American Outdoors Act” (H.R. 1957), which provides mandatory annual funding of $900 million to the Land and Water Conservation Fund (LWCF) and allocates billions toward fixing national parks and public lands. The bill passed the House on a bipartisan vote of 310-107. Since it previously passed the Senate, it was sent to President Trump who signed it into law.

The $900 mill
ion provided to the LWCF annually will now fall outside of the appropriations process, making the program and its funding less dependent on the political winds of any given year.
17 900
12 H
ousing Legislation
I
n July, Senator Kamala Harris (D -CA) introduced a sweeping housing plan in the “ Rent Emergencies Leave Impacts on Evicted Families (RELIEF) Act.” The bi
ll would give struggling renters and homeowners relief from economic impacts of the coronavirus. It would ban evictions and foreclosures for a year while giving tenants up to 18 months to pay back missed payments. The current federal ban on evictions — which only covers the roughly one in four rental units in the country with a federally backed mortgage — expired on July 24.

The bi
ll would also bar landlords from raising tenants’ rent or reporting unpaid rent to credit reporting companies for a year and prohibit utility companies from shutting off access until January 2022. It would prohibit the use of Paycheck Protection Program funds to purchase foreclosed or distressed properties and directs the Congressional Oversight Commission established by the CARES Act to monitor property management companies that received PPP loans. It would permanently bolster tenants’ legal protections, establishing a right to legal assistance for those facing eviction and providing state attorneys general with subpoena pow er in landlord investigations.

Thi
s bill was introduced days from the Senate Republicans’ rumored $1 trillion Phase 4 proposal. It is positioned to be on the table as negotiations between Leader McConnell and Speaker Pelosi begin.

Fai
r Housing Rule
O
n July 23, Trump Administration officially repealed an Obama -era rule requiring communities receiving federal housing grants to take steps to eliminate housing segregation and replaced it with a standard that would allow municipalities to self-certify their efforts.

H
UD announced the termination of the 2015 rule, which it called “complicated, costly, and ineffective.” The new final rule isn’t open for public comment because HUD obtained a waiver from the Office of Management and Budget that exempts rules related to grants from Administrative Procedure Act requirements. Since the new rule did not go through the regular notice and comment procedures, it could face legal challenges from states and fair housing groups, even if it’s likely to survive a legal challenge.

A
s a reminder, the Obama-era rule required that any community that receives federal block grants from HUD to complete a comprehensive Assessment of Fair Housing. A poor review could have led to reductions in those block grants, potentially costing communities billions of dollars in withheld funds if they did not put in place an effective anti-segregation plan.

H
UD’s new rule, called “Preserving Community and Neighborhood Choice,” changes the definition of fair housing to be “affordable, safe, decent, free of unlawful discrimination and accessible under civil rights law.” Any community would have access to federal housing grants if it self-certifies that it has gone above statutory minimums on any of those factors. HUD would still be able to terminate funding if it discovers that a community has not lived up to that self - certification.

A
irplane Noise
18 901
13 I
n July, Congressman Harley Rouda (D -CA) successfully included a provision in the House Appropriations Committee report to help address aircraft noise and improve the FAA’s community engagement activities. This language would:
• Increase funding by $5 million for the FAA to hire additional staff to increase its community engagement capacity;
• Require the FAA to submit a report to Congress on activities undertaken by regional ombudsmen under Section 180 of the FAA Reauthorization Act of 2018; • Require the FAA to submit a report to Congress cataloguing all FAA programs related to airport, aircraft, and environmental noise; and
• Require the FAA to submit a report to Congress on its noise complaint portal, which is expected to be rolled out nationwide later this year.

U
nlike the bill itself, committee reports are not subject to full -chamber approval, and these instructions to FAA will go into effect immediately upon finalization of FY2021 funding.

W
RDA
O
n July 29, the House of Representatives passed H.R. 7575, the “Water Resources Development Act of 2020." The process was speedy: WRDA 2020 was quickly introduced and passed by the House Transportation & Infrastructure Committee Chairman DeFazio (D -OR) on July 15, who introduced the bill just two days earlier. The bill authorizes the U.S. Army Corps of Engineers to start several navigation, flood control, storm damage, and other water -related infrastructure projects.

The m
odified version included an additional project modification authorization and language regarding the bill’s budgetary effects:
• P
roject Authorizations: The measure would authorize funding for construction of 34 projects nationwide, including $1.22 billion, with a federal share of $314.5 million, for flood r
isk management in Westminster and East Garden Grove, CA. • Feasi
bility Studies: Under Section 7001 of the Water Resources Reform and Development Act of 2014, the Secretary of the Army would be allowed to conduct a feasibility study on the impacts of projects reducing coastal storm damage for nearly all of Southern California.
• H
arbor Maintenance Trust Fund (HMTF): The bill also would adjust the treatment of $10 billion in spending from the Harbor Maintenance Trust Fund. Under the CARES Act (Public Law 116-136), those amounts won’t count against future annual discretionary spending caps. Under WRDA 2020, only amounts Congress appropriates into certain accounts and designates as being for harbor operations and maintenance activities would be cap exempt. The bill also would increase the share of inland water infrastructure project costs from 50% from the general Treasury fund to 65%, while the remaining 35% would be funded by the I nland Waterways Trust Fund, which is based on fees levied on barge operators.
• PF
AS: The Corps of Engineers would have to compile an inventory of its facilities that are or could become contaminated by per - and polyfluoroalkyl substances (PFAS), often called “forever chemicals.” It would include the nature and extent of any existing and 19 902
14 potential contamination, pathways for human exposure, response measures taken, the entities responsible for any contamination, and the costs to remediate and reduce the risk of human exposure.
• Fl
ood Control Pumps: The bill would authorize $60 million for rehabilitation of flood control pump stations necessary for the function of flood risk management projects. Funds could be used to upgrade the design, capacity, and reliability of the stations • R
epetitive Flooding: The bill would authorize the Corps to conduct a program to study, design, and construct new flood control works, modify existing works, and incorporate natural and nature -based features to control flooding in areas that have received emergency flood-fighting assistance from the Corps related to multiple flooding events over a ten-year period. Separate authorization wouldn’t be required under the program for projects with a federal share of $15 million or less.

The bi
ll passed under “Suspension of the Rules,” which allows the House to quickly move noncontroversial legislation. Under Suspension, floor amendments are prohibited and a two-thirds vote is required for final passage.

The
White House issued a statement saying the bill could be improved, citing the HMTF section in the bill that would reduce users’ share of the cost of inland water infrastructure projects via the Waterways Trust Fund. The White House indicated the share should remain at 50 percent instead of the increase to 65 percent.

The bi
ll now moves to the Senate, who passed related legislation earlier this year. The Senate Environment and Public Works Committee approved its own 2020 WRDA legislation, called the “America’s Water Infrastructure Act of 2020,” by a vote of 21 -0 on May 6. The Senate hasn’t considered that measure however.

C
urrent WRDA funding expires on September 30, so Congress must agree on a package to prevent any lapse in funding.
20 903
Page
1 M E M O

R A N D U M
To: City
of Tustin
From: To
wnsend Public Affairs
Date: Sept
ember 2, 2022
Subject: O
verview of the 2022 Legislative Session

port
August 31
marked the final night of the 2021- 2022 Legislative Session. The night ended at two o’clock in the morning, which can be attributed to numerous last minute legislative pushes for new climate regulations, disputes over a bill that would have allowed legislative staffers to unionize, and the fate of California’s last-standing nuclear power plant. In a stark contrast to last years’ calm and quick final night of session, many major issues had not been decided and passed with the incremental waves of budget bills and budget trailer bills over the summer and in the month since summer recess.

Nevertheless, the Legislature decided the fate of a number of bills important to local governments in its final days of session. Of the 2,350 bills introduced this year, the Legislature passed a total of 1,440. As of September 2, the Governor has signed 490, vetoed 7 , and still has 943 bills to consider before the September 30 deadline.

Following the Legislature’s adjournment, it is expected that the Governor will follow his previous bill-signing trends and will package bills with other similar measures for signing into law. These packages are likely to include measures that address housing and land use, behavioral health supportive services, climate change and energy, and Brown Act Modernization, among others.

Below is an overview of a few of the bills the Legislature has passed onto the Governor’s desk for final consideration, organized by issue area:

Housing and Land Use
Throughout the 2022 Legislative Session, lawmakers were once again keenly focused on land use and zoning reform. These efforts build upon the passage of major land use reform bills from 2021, including SB 9 (Atkins), which requires the ministerial approval of urban lot splits and two- unit developments on single-family zoned parcels.

This year’s Session ended with the passage of several notable land use reform measures, including AB 2011 (Wicks) and SB 6 (Caballero), both of which authorize housing development projects in sites zoned for retail, office, parking, or along transit -rich corridors , so long as developers utilize stricter labor standards or adhere to stricter affordability requirements. Despite their similarities, both bills passed into law – a strategy that legislative leadership has touted as a method to give developers the choice to decide which strategy to use when approaching a housing development project in a non -residential zone: comply with stricter labor standards or STATE LEGISLATIVE WRAP UP: 2021-22 SESSION OVERVIEW
ATTACHMENT 3: CITY
OF TUSTIN 2022

LEGISLATIVE WRAP-UP
21 904
P
age 2
stricter affordability standards. As of September 2, both bills are still pending final action from the Governor.

Another major land use reform measure that passed this year was AB 2097 (Friedman), which prohibits public agencies from imposing minimum automobile parking requirements on specified residential, commercial and other developments located within one -half mile of public transit .

Notably, this bill is the second iteration of the legislation, which failed in the Appropriations Committee during the 2021 Legislative Session. Like SB 6 and AB 2011, this bill is also currently pending final action from the Governor.

In addition to land use reform measures, the Legislature passed a handful of bills relating to Accessory Dwelling Unit (ADU) requirements. These include SB 897 (Wieckowski), which makes various changes to existing ADU laws, including adjustments to the minimum height limitations that a local agency may impose. Another ADU reform measure is AB 916 (Salas), which prohibits a city or county from requiring a public hearing as a condition of reconfiguring existing space to add up to two bedrooms within an existing dwelling unit. Both bills are pending consideration from the Governor.

Brown Act Reform
The COVID-19 pandemic necessitated reforms to the Brown Act to provide remote flexibilities to adhere to social distancing orders. During the 2021 Legislative Session, the Legislature passed, and the Governor signed, AB 361 (Rivas) into law, which allows local agencies to use teleconferencing without complying with specified Ralph. M Brown Act restrictions in certain state emergencies. Following the passage of AB 361, it was thought there would be no appetite to modify its provisions or looks toward additional Brown Act modernization requirements. However, this Session, three measures addressing public meetings requirements were passed by the legislature.

These include AB 2449 (Rubio), which allows members of a legislative body of a local agency to use teleconferencing without identifying each teleconference location in the notice and agenda of the meeting, and without making each teleconference location accessible to the public. AB 2647 (Levine) allows writings that have been distributed to members of a legislative body of a local agency less than 72 hours before an open, regular meeting to be exempt from specified requirements of the Ralph M. Brown Act (Brown Act), if the agency meets certain requirements.

Both measures are on the Governor’s desk awaiting consideration, as of Friday, September 2.

An additional measure, SB 1100 (Cortese), has already been signed into law. This bill authorizes the presiding member of a legislative body conducting a meeting, or their designee, to remove an individual for disrupting the meeting, and defines “disrupting” for these purposes.

Each of these three measures reflect modest changes to the Brown Act to allow for additional flexibilities for local agencies. Continued remote teleconferencing for all members of a legislative body is currently provided via the provisions established under AB 361, which are set to expire January 1, 2024, or when the COVID-19 state of emergency is lifted – whichever comes first.

Behavioral Health Reform
This Session, Governor Newsom and Legislative Leaders made it clear that overhauling the State’s existing behavioral healthcare infrastructure was a top priority. On March 3, 2022, Governor Newsom unveiled his CARE (Community Assistance, Recovery, and Empowerment) Court proposal framework, which was later packaged into SB 1338 (Umberg). This bill would offer court-ordered individualized interventions and services, stabilization medication, advanced mental health directives, and housing assistance to individuals struggling with behavioral health 22 905
P
age 3
crises. Plans would last anywhere up to 12- 24 months. In addition to their full clinical team, the client-centered approach also includes a public defender and a supporter to help individuals make self-directed care decisions.

County behavioral health departments would be responsible for carrying out the care plans. Those who don't comply with their plans could be subject to California's existing system of involuntary hospital stays and conservatorships. Such programs have been in place since the 1960s, following the state's shift away from mental health hospitals and toward community-oriented care.

Since California dismantled the hospital system, the state has primarily made use of the Lanterman-Petris-Short Act and Laura's Law to care for people who suffer from severe mental illnesses. According to an October 2021 Department of Health Care Services report, only 218 people received treatment through Laura's Law during the 2018- 19 fiscal year – a statistic that many supporters of the program have referenced as an example for new programming.

After numerous iterations of amendments, SB 1338 was passed by the Legislature on the final night of Session. Notably, the bill includes staggered implementation and additional funding resources to allow counties and other local agencies time to implement the program.

Other bills seeking to add reforms to behavioral healthcare were part of a bill package introduced by Senator Eggman. This included bills SB 929, SB 970, SB 1035, SB 1227, and SB 1338 – each of which adds modernizations to California's behavioral health continuum, including increased data collection among agencies and stakeholders to better understand the outcomes of involuntary holds, services provided, waiting periods to receive care, current and projected behavioral health care infrastructure, service needs, and more. Each of these bills are on the Governor’s desk awaiting consideration as of September 2, 2022.

Climate and Energy
In mid-August, reports began swirling about the Governor convening meetings with Legislative leaders and the Democratic Caucus to push forward last-minute legislation to address the climate crisis. These priorities materialized into a memo presented to the Legislature, outlining climate change mitigation tactics the Governor wanted to see pushed forward in legislation before the end of Session. These included to laws set interim targets for 100 percent clean energy, regulate projects to remove carbon from the atmosphere and smokestacks, and end new oil drilling near communities.

Ultimately, these efforts resulted in six legislative proposals, five of which passed the Legislature and are pending the Governor’s signature as of September 2. These five measures include the following:

Greenhouse Gas Emission Reductions
Measures contained within the package relating to greenhouse gas emissions include AB 1279 (Muratsuchi), which codifies the State’s existing goal of carbon neutrality by 2045. For context, the State enacted another greenhouse gas bill, AB 32, in 2006, requiring the State to set a target for emissions to drop to 1990 levels by 2020 . While AB 1279 passed, another, more aggressive measure that would have set California’s target at 55% below the state’s 1990 emissions up from the current 40% target, failed in the Assembly on the final night of session.

Clean Energy and Grid Reliability
Another measure relating to the Governor’s climate proposals is SB 1020 (Laird), which sets interim targets for generating clean energy. A current law already requires 100% of retail electricity to be fueled by renewables such as wind and solar by 2045. The new law would add 90% by 2035 23 906
P
age 4
and 95% by 2040. In addition, all State agencies must source their energy from 100% renewable sources by 2035, ten years sooner than law now requires.

The question remains, however, if California’s electrical grid can handle the surge in energy demand. The State is expected to see a 68% increase in energy consumption by 2045, according to the California Air Resources Board. To handle that increase, the Agency estimates that the state needs to expedite renewable energy projects.

The issue of grid reliability was addressed in SB 846 (Dodd) which aims to keep the state’s last remaining nuclear power plant in Diablo Canyon operating until 2030 and gives its operator, Pacific Gas & Electric, a $1.4 billion loan to do so. This bill was viewed as one of the most contentious bills of the final night of session – with proponents arguing the need to keep the power plant functioning in the face of increase grid demand, and opponents concerned about accidents, nuclear waste issues, and a perceived “PG&E bailout.”
Carbon Sequestration
SB 905 (Caballero) directs the California Air Resources Board to develop a program and set regulations for carbon capture, utilization and storage projects at polluting industries, such as oil refineries. The practice is supported by the oil industry, but environmentalists say it has the potential to do more harm than good and prolongs the lives of fossil fuels. The State has yet to see a large scale carbon capture and storage development seen to fruition.

Another bill approved by the Legislature, AB 1757 (C. Garcia), would require the S tate to set targets for removing planet -warming carbon from the atmosphere with nature -based methods, such as planting trees, restoring wetlands and scaling up public landscaping and urban forestry projects. The bill received widespread support from environmentalists, who say nature- based solutions to combating the existing amount of greenhouse gas emissions in the air is a better approach than relying on engineered technologies.

Oil Well Setbacks
The 2022 Legislative Session saw several attempts to establish buffer zones around oil and gas wells and other large- scale industrial equipment, to preven t their encroachment on “sensitive receptors” like residential zones and schools.

SB 1137 (Gonzalez), which requires 3,200 foot setbacks between new oil and gas wells and sensitive receptors, narrowly passed the Legislature on the final night of session. The bill also requires operators to take certain steps at the thousands of existing wells within that buffer zone.

Included is a plan to monitor toxic leaks and emissions, and install alarm systems. In addition, new requirements would include limits on noise, light, dust and vapors.

Looking Forward
As previously mentioned, the Governor will have until the end of September to act on all measures passed by the Legislature. Last year, Governor Newsom approved 92 percent and vetoed 7.9 percent of the bills that made it to his desk. It is expected that he will sign a similar percentage of bills into law this year.

In addition to the onset of new laws, next year will mark massive changes in the State Legislature.

The decennial redistricting process caused numerous lawmakers to move, battle for new district spots, or retire. This, coupled with the onset of another graduating class of legislators under the new term limit requirements established by Prop. 140 (1990), has prompted many legislators to 24 907
Page
5 not seek reelection. As such, 2023 will bring forward a new class of freshman legislat ors – specifically, 10 new Senators and 19 new Assembly Members.

This is likely to spark new leadership changes, bill ideas, and shift the makeup of factions within the Democratic Caucus. For instance, Assembly Member Robert Rivas has already signaled his intentions of battling Incumbent Speaker Anthony Rendon for the coveted Assembly Speakership.

If he succeeds, it is likely he will appoint new committee chairs and internal leadership positions. 25 908
City of Ontario
Councilman Alan Wapner
Washington, DC Advocacy Visit
March 14-15, 2022
Townsend Public Affairs Contacts:

Ben Goldeen cell: (209) 345-4645
Monday, March 14
8:30 AM FYI: NLC Opening General Session
Andy Berke, Special Representative for Broadband, Commerce; Samantha Silverberg, Special Assistant to the President for Transportation and Infrastructure Policy;
Julie Chavez Rodriguez, Director White House Intergovernmental Affairs Marriott Marquis, Marquis Salons 1-10
9:15 AM Depart for Capitol Hill
Driver: Mustapha Ougnou (703) 867-8778
Pickup from Marriott Marquis carriageway
901 Massachusetts Ave NW, Washington, DC
9:30 AM Breakfast Briefing with Townsend Public Affairs Ben Goldeen, Federal Advocacy Manager
Capitol Hill Club
300 First St. SE, Washington, DC
Menu
10:20 AM Walk to Rayburn House Office Building
10:30 AM Office of Representative Ken Calvert
Ritchie O’Connell, Legislative Director
2205 Rayburn House Office Building
11:00 AM Travel from Capitol Hill to Marriott Marquis
11:30 AM National Telecommunications and Information Administration Julia Pulidindi, Broadband Program Specialist
Marriott Marquis, Independence Salon D
12:00 PM Lunch
1:00 PM – 3:00 PM Executive Time
Marriott Marquis
ATTACHMENT 4: CITY

OF ONTARIO

FEDERAL ADVOCACY

ITINERARY
26 909
3:00 PM Depart from Marriott Marquis for Capitol Hill
3:30 PM Office of Representative Norma Torres
Serena Gobbi, Legislative Director
2227 Rayburn House Office Building
4:00 PM Walk from Rayburn to Hart Senate Office Building 4:30 PM Office of Senator Dianne Feinstein
The Honorable Dianne Feinstein
Rishi Sahgal, Transportation Legislative Assistant
331 Hart Senate Office Building, Washington, DC
5:00 PM (approx.) Depart for Marriott Marquis
5:15 PM Environmental Protection Agency
Jamie Piziali, Municipal Water Infrastructure Ombudsman Marriott Marquis, Liberty Salons IJK
Note: If Sen. Feinstein meeting goes beyond 30 minutes, the start of this meeting can be pushed back.
6:00 PM Dinner, Debrief and Future Strategy Discussion
RPM Italian
650 K Street NW, Washington, DC
Menu
Tuesday, March 15
10:00 AM Councilman Wapner Departure – Delta Flight 2607 Ronald Reagan Washington National Airport (DCA)
Additional Staff-level Meetings
Week of March 28 City staff to meet with Office of Senator Alex Padilla Zac Commins, Policy Advisor for Transportation and Infrastructure Angela Ebiner, Policy Advisor for Public Works
Virtual Meeting
March 31, 2022 City staff to meet with Office of Representative Pete Aguilar Elise Sugarman, Senior Legislative Assistant
Virtual Meeting
27 910
*****
The People are the City
Mayor
CRAIG S. GREEN
Mayor Pro Tem
CHAD P. WANKE
Councilmembers:

RHONDA SHADER
WARD L. SMITH
JEREMY B. YAMAGUCHI
City Clerk:

ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator

DAMIEN R, ARRULA
401 East Chapman Avenue - Placentia, California 92870
June 14,2021
The Honorable Toni Atkins
California State Senate
State Capitol, Room 205
Sacramento, CA 95814
Re: Senate B¡ll 9 (Atkins) Housing development: approvals Letter of Opposition from the City of Placentia
Dear Pro Tem Atkins,
On behalf of the City of Placentia, I write in respectful opposition to Senate Bill (SB) 9. We appreciate you and your staff's continued work on th¡s bill, including clarification of the maximum number of units (4), though we have remaining concerns and must continue to take an oppose position.

Specifically, SB 9 requires a housing development containing two units to be considered ministerially, in single family zones, if the development is located on an eligible parcel. While SB 9 does allow a local government to adopt an ordinance to implement its duplex and lot split provisions and does not require a local government to ministerially approve accessory dwelling units on parcels or duplexes approved under this measure, the bill othenvise eliminates public review and input on these projects. SB 9 would override local land use plans and regulations and ignore the careful planning that has been undertaken at the local level. Local planning efforts encourage public engagement and provide a collaborative process by which a local agency can determine what housing solutions are most appropriate for communities and how to appropriately plan for future growth.

Public comments by local residents often bring to light a potential adverse impact of a proposed development, or elements that the community would like to see incorporated into the project. Consideration of such public input during the permit review process leads to higher quality development and should not be eliminated.

Again, we appreciate your efforts on this bill, but due to the concerns listed above, we must respectfully remain opposed to Senate B¡ll 9.

Sincerely,
Craig Green, Mayor
City of Placentia
Senator Josh Newman
Assembly Member Phillip Chen
cc
ATTACHMENT 5: CITY OF

PLACENTIA OPPOSIITON
LETTER
28 911
From: Sean McReynolds
To: Christina Taylor
Subject: TPA Weekly Round-Up: August 22-26
Date: Friday, August 26, 2022 4:48:00 PM
Christina, see below for our weekly round-up. Let me know if you have any questions. --Sean

THE TPA WEEKLY ROUND-UP
August 22-26, 2022

STATE LEGISLATIVE UPDATES
State Legislature
This week was extremely busy in
the State Legislature, with members considering and
amending hundreds of bills before next Wednesday’s end of session deadline. Because of the 72- hours in print rule, most all bills will need to have final amendments incorporated before the Assembly and Senate resume floor session on Monday. While it is still unclear whether the Legislature will continue its tradition of considering bills late into Wednesday night, it is evident that the Legislature is working to hash out final negotiations and deals on various bills and budget deals, particularly on issues relating to housing and climate change.

Notable amendments from this week include the following:

SB 262 (Hertzberg) was revived from its inactive state on Wednesday. The bill was originally intended to create a statewide bail schedule for criminal offenses, which would take into consideration an arrestee’s ability to pay. Amendments delete all mention of a statewide bail schedule, and instead reinforce current law that says arrested persons shouldn't pay for costs incurred during release on bail, such as electronic monitoring and treatment. The bill would also cap the bail bond surcharge at 10%, meaning an arrested person could get back 90% of their money if, for example, charges were dismissed or if the individual made all court appearances.

SB 1338 (Umberg), which implements the Governor’s CARE Court proposal to deliver wraparound services to individuals experiencing behavioral health crises, received amendments on Thursday to do the following:
·
Require the bill now be contingent upon DHSS developing an allocation to provide financial assistance to counties.
· Require the following counties to implement the program by October 1, 2023:

Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne and the City and County of San Francisco. (All other counties are subject to the December 1, 2024 implementation timeframe.)
·
Provide that a local government providing services in tandem with a County can be party to the development of CARE plans.
· Require that funds collected as fines from noncompliant jurisdictions be reallocated to those jurisdictions, along with guidance and support from ATTACHMENT 6: CITY OF

BEAUMONT WEEKLY WRAP-UP
29 912
DHSS.

Notable bills on the Governor’s desk include the following:

AB 988 (Bauer-Kahan) establishes the Miles Hall Lifeline Act (Act) to establish a 988 Crisis Hotline Center for the purpose of connecting individuals experiencing a mental health crisis with suicide prevention and mental health services, as specified.

Additionally, this bill establishes a 988 surcharge for the 2023 and 2024 calendar years at
$0.08 per access line per month, and for years beginning January 1, 2025, at an amount based on a specified formula, but not greater than $0.30 per access line per month.

AB 1951 (Grayson) exempts the local share of sales tax for manufacturing companies that buy equipment for the next five years. While the goal of the legislation is to promote economic activity, the resulting tax benefits would work to bolster state revenues via increased personal income and corporation tax collections. However, reductions in sales and use tax revenue would be borne by the local agencies that provide direct services to the manufacturing facility benefiting from the exemption. The State estimates that AB 1951 would result in local government losses of $533 million annually.

AB 2449 (Rubio) allows, until January 1, 2026, members of a legislative body of a local agency to use teleconferencing without identifying each teleconference location in the notice and agenda of the meeting, and without making each teleconference location accessible to the public, under specified conditions.

AB 2647 (Levine) allows writings that have been distributed to members of a legislative body of a local agency less than 72 hours before an open, regular meeting to be exempt from specified requirements of the Ralph M. Brown Act (Brown Act), if the agency meets certain requirements.

Notable bills signed into law include the following:

SB 1100 (Cortese) authorizes the presiding member of a legislative body conducting a meeting, or their designee, to remove an individual for disrupting the meeting, and defines “disrupting” for these purposes. (Chapter 171, Statutes of 2022)
Notable bills vetoed by the Governor include the following:

SB 57 (Wiener) would have allowed supervised injection site pilot programs in Los Angeles, San Francisco and Oakland, in efforts to prevent drug overdose deaths and connect people to treatment for addiction until January 1, 2028.

CARB Bans Sale of New Gas-Powered Vehicles, Beginning 2035 On Thursday, the California Air Resources Board (CARB) adopted their Advanced Clean Cars II
(ACC II) Regulations requiring automobile manufacturers to deliver to the California new vehicle market increasing percentages of zero-emission vehicles (ZEVs) as a portion of their overall product deliveries between model years 2026 and 2035. The ACC II 30 913
regulations’ proposal to increase the sale of ZEVs would culminate in nearly 100 percent sales of ZEVs by the 2035 as directed by Governor Newsom’s Executive Order N-79-20.

For context, in 2018 and 2019 Assembly Member Ting introduced legislation banning the
sale of gas-powered vehicles by 2035. That legislation never made it out of Assembly Transportation
Committee in part because Assembly Member Ting and bill supporters could never provide answers to what Chairman Frazier felt were critical questions related to the proposal such as, “Will the state have the capacity to generate enough energy to electrify the entire fleet?
Is there sufficient transmission capacity in Californi
a for that much
energy? How do residents escape natural disasters such as wildfires or floods when the electricity goes out?” Without answers to these and other questions, it appeared that this policy
was going to struggle through the Legislature, so instead, in 2020 Governor Newsom produced an Executive Order directing CARB to develop regulations to implement the strategy.

The ACC II regulations are the result of that order.

During the development of the regulations,
automakers cautioned CARB that while
technological advances may lower compliance costs, consumers may still not accept new technologies at the rates required by the regulation and stressed that complementary ZEV policies to facilitate the ZEV market are needed. Other stakeholders representing business associations expressed concerns about ZEV affordability.

CARB staff determined that, when weighing
the benefits of emissions reductions against
the increased costs imposed by the proposal, the net result of the ACC II regulations are estimated to be a cumulative net benefit to California of $91.1 billion with a benefit-cost ratio of 1.43, meaning benefits are more than costs between 2026 and 2040.

For more information, see the staff board summary here; find the entire proposed resolution here.

FEDERAL LEGISLATIVE UPDATES

Biden Administration Announces Student Loan Forgiveness On Wednesday, the Biden Administration released guidance for targeted student loan debt cancellation. The Department of Education will provide up to $20,000 in debt cancellation to Pell Grant recipients with loans held by the Department of Education, and up to $10,000 in debt cancellation to non-Pell Grant recipients. Borrowers are eligible for this relief if their individual income is less than $125,000 ($250,000 for married couples).

The Department
will be announcing further details on how borrowers
can claim this relief in the weeks
ahead.

The Administration also announced that it would extend the pause on federal student loan repayment one final time through December 31, 2022. Payment will resume in January 2023. The Department of Education also plans to cut monthly payments in half – from 10% to 5% – for undergraduate loans for low-income borrowers.

This new guidance is a part of the Administration’s larger goal to protect future students and taxpayers by holding schools accountable. The Administration hopes to make higher education more accessible, especially for low- and middle-income students. The proposed regulations will soon be published on the Federal Register and the public is invited to comment on the draft rule for 30 days.
31 914
Update on FY23 Appropriations
As the congressional August recess passes its midway point, work on the path forward on FY23 appropriations continues. In June and July, the House and Senate Appropriations Committees released the text of their FY23 appropriations bills. Eight of the twelve annual spending bills passed the House in July, but none have passed the Senate. Due to the slim Democratic majorities in the House and Senate, Congress will need to strike a bipartisan compromise on the upcoming appropriations process in order to overcome a Republican filibuster in the Senate. The House and Senate bills that have been released currently have little to no Republican input. Because there is no bipartisan agreement, Congress will take up a Continuing Resolution (CR) in September to fund the government at current levels beyond the end of Fiscal Year 2022 on September 30. This will give the House and Senate negotiators more time to arrive at a compromise. The earliest a compromise will emerge is likely in December.

President Biden Signs Executive Order to Implement CHIPS+ Act On Thursday, President Biden signed an Executive Order (EO) to implement the semiconductor funding in the bipartisan CHIPS and Science Act of 2022 (H.R. 4346 ). The
CHIPS+ Act establishes over $52 billion to bolster the U.S. semiconductor industry and increase U.S. industry competitiveness.

To coordinate effective implementation of the
legislation across the Administration, the EO establishes an interagency CHIPS Implementation Steering Council. The Steering Council will be co-chaired by National Economic Director Brian Deese, National Security Advisor Jake Sullivan, and the Acting Director of the Office of Science and Technology Policy, Alondra Nelson.

The Administration has established six primary priorities to guide CHIPS+ implementation across the federal government. These include:
· Protect taxpayer dollars through a rigorous review of applications, as well as with clear compliance and accountability requirements.
· Meet economic and national security needs by building domestic capacity that reduces U.S. reliance on foreign semiconductor production while simultaneously increasing U.S. economic productivity and competitiveness. · Ensure long-term leadership in the semiconductor sector through a collaborative network for research and innovation.
· Strengthen and expand regional manufacturing and innovation clusters to bolster investments across the supply chain.
· Catalyze private sector engagement to maximize large-scale private investment in production, technologies, and workers in the industry. The CHIPS+ program will ideally respond to market signals, fill market gaps, and reduce investment risk to private entities.
· Generate benefits for a broad range of stakeholders and communities, especially startups, workers, socially and economically disadvantaged businesses, universities, and local economies.

In addition to the EO, the Department of Commerce has launched CHIPS.gov to provide an essential channel through which the public can learn about CHIPS Program initiatives.

CHIPS.gov will be a central resource and will provide information about Departmental priorities, funding opportunities, timelines, requirements and more as the information becomes available.

Read the White House Fact Sheet here.
32 915

EXAMPLES OF WORK
G

RANT WRITING

EXAMPLES OF
WORK
33 916
City of Palmdale Page 1 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments

STATE/FEDERAL GRANTS
Federal Emergency
Management Agency
Category B Public
Assistance Program
Federal Disaster
Assistance
Reimbursement
for eligible
protective
measures at
75% FEMA
Share
25% state and
local share
In accordance with section 502 of the Robert
T. Stafford Disaster Relief and Em ergency
Assistance Act, eligible emergency protective
measures taken to respond to the COVID -19
emergency at the direction or guidance of
public health officials may be reimbursed
under Category B of FEMA’s Public
Assistance Program.

TBD/Ongoing COVID-19 related
expenses
identified as
eligible protective
measures in
FEMA Fact
Sheets
TPA has sent info
about the PA
process to the City
and can assist
City/EOC staff with
submission of
reimbursement
request as
necessary
Department of
Transportation
Highway Safety
Improvement
Program (HSIP)
State Grant
$220 million
available
Min. Award:
$100,000
Max Award: $10
million
10% non-
Federal
Funding to provide work on any public road or
publicly-owned bicycle or pedestrian pathway
or trail that improves safety for users.

It is the intent of the HSIP program that federal
funds be expended on safety projects that can
be designed and constructed expeditiously.

Projects shall not require the acquisition of
significant rights of way (not more than 10%
of the construction cost), nor should they
require extensive environmental review and
mitigation.

November 2,
2020
City applied in
Cycle 9, 351
applications were
received requesting
$418 million; 221
projects, totaling
$182 million were
selected for funding.

Minimal score for
selected Benefit
Cost Ratio (BCR)
was 7.51 for
approved projects
which is extremely
high in comparison
to past cycles which
was around 3. Our
BCR – which was
calculated using
project cost and
traffic
collision/fatalities
data - was around

4.5. City of Palmdale
2020/21 Funding Opportunities
ATTACHMENT 7: CITY OF PALMDALE

FUNDING OPPORTUNITIES MATRIX
34 917
City of Palmdale Page 2 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
SCAG
Sustainable
Communities
Program - Active
Transportation &
Safety Call for
Applications
Max award by
project type:

ATP Plans -
$500,000
Transportation
Safety Plans -
$250,000
Quick-Build -
$900,000
Network
Visioning &
Implementation -
$1.25 million
None The Sustainable Communities Program
Active Transportation & Safety Category
(SCP-ATS) will fund planning and quick build
projects that result in increased rates of
walking and biking, promote traffic safety,
expand opportunities for multimodal
transportation options, and better position
local jurisdictions to be competitive for
implementation funds. Eligible projects
include Active Transportation Plans, Safety
Plans, Network Visioning and
Implementation, and Quick Build projects.

November 13,
2020
Emphasis on
community
engagement and
projects serving
disadvantaged
communities
Only open to
applicants within
SCAG’s jurisdiction,
which can help with
competing given the
smaller applicant
pool
CalRecycle
Beverage Container
Recycling Grants
State Grant
$1.5 million
available
statewide
Min. Grant:
$75,000
Max Grant:
$250,000
None This program funds projects that implement
new or enhance existing programs to provide
convenient beverage container recycling
opportunities in various locations statewide.

Grant funding for communities will provide
opportunities for CalRecycle to address
recycling challenges, aid in i ncreasing
beverage container collection, and reduce
beverage container litter in the waste stream.

December 1,
2020
California Department
of Parks and
Recreation
Statewide Park
Program Round 4
State Grant
$395 million
Min. Grant:
$200,000
Max Grant:
$8.5 million
None The Statewide Park Program (SPP)
competitive grants aims to create, expand, or
renovate new and existing parks in
underserved communities across the State.

Projects must include at least 1 recreation
feature and can also include a number of
major support amenities.

December 14,
2020
Courson Park
Palmdale Pony
League Park
35 918
City of Palmdale Page 3 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
Rivers and Mountains
Conservancy
Prop 68 Regionwide
Grant Program
State Grant
No minimum or
maximum award
specified, but
generally will
support larger
projects (over
$300,000)
None required,
but priority
given to
projects with a
match
commitment
This program funds projects that create,
expand, and/or improve equitable access to
public open space through the region by
improving riverwa y water quality, restoring
habitats, and connecting open space through
networks multi-use accessible trails.

Program emphasizes preservation of open
space and habit at, access to low impact
recreation, and watershed improvements, and
prioritizes projects in disadvantaged
communities and that are shovel-ready
December 16,
2020
Barrel Springs
Trail – possible
re-application
following score
debrief with RMC
staff
Project must be
located within RMC
boundaries, which
includes only a
small portion of the
City
Rivers and Mountains
Conservancy
Prop 1 and Prop 68
Small Grants
Program
State Grant
Min. Grant:
$50,000
Max Gant:
$300,000
None required,
but priority
given to
projects with a
match
commitment
Program places an emphasis on smaller quick
start projects with grant awards below
$300,000, availability of technical assistance
grants, quarterly/bi -annual revi ews, and
easier evaluation criteria.

Most Small Grants Program funding will
support implementation projects, but funding
is available for project planning and technical
assistance
Ongoing,
applications
evaluated
quarterly
(solicitation
opened
September 21,
2020)
Project must be
located within RMC
boundaries, which
includes only a
small portion of the
City
Rivers and Mountains
Conservancy
Prop 1 and Prop 68
Very Small Grants
Program
State Grant
Max Grant:
$50,000
None required,
but priority
given to
projects with a
match
commitment
Funding for for gap, emergency, and high-
need project implementation, planning, and
technical assistance that are consistent with
funding requirements and mission of RMC,
via a more succinct application.

Focus for funding will be on high and very high
need areas.

Ongoing,
applications
evaluated
quarterly
(Solicitation
opened
September 21,
2020)
Project must be
located within RMC
boundaries, which
includes only a
small portion of the
City
CalRecycle
Rubberized
Pavement Grant
Program
Funding TBD TBD The Rubberized Pavement Grant Program,
formerly called the Rubberized Asphalt
Concrete (RAC) Grant Program, promotes
markets for recycled -content surfacing
products derived from waste tires generated
in California. The program aims to decrease
the adverse environmental impacts cr eated
Late 2020
36 919
City of Palmdale Page 4 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
by unlawful disposal and stockpiling of waste
tires.

The program provides competitive grants to
encourage first-time or limited users.

California Arts Council
Creative California
Communities
State Grant
Max award:
$150,000
1:1 match Creative California Communities (CCC)
supports meaningful, collaborative, creative
placemaking projects that animate, activate,
and celebrate communities. Projects support
community goals and encourage increased
engagement in arts and cultural activities with
community members.

Creative placemaking projects use local
artists, cultural resources, and/or the creative
sector as central components in strategically
shaping the physical and social character of a
neighborhood, town, tribe, city, or region.

Partnerships between public, private, not -for-
profit, and community sectors are essential to
this program.

Late 2020 This program runs
on a two-year cycle
and will reopen for
applications in late
2020
Federal Highway
Administration:

Federal Lands
Access Program
(FLAP)
Federal Grant
$70M total
allocated to
California

11.47% Projects to improve transportation facilities
that provide access to, are adjacent to, or are
located within Federal lands, focusing on
public roads, transit systems, and other
transportation facilities, with an emphasis on
high-use recreation sites and economic
generators.

Next Call for
Projects
anticipated
Winter 2021
15th Street East
& Rancho Vista
Boulevard
Intersection
Improvements
Project
Caltrans
FY 2021-22
Sustainable
Communities Grant
Program
TBD in call for
projects
$1 million max
for FY 2020-21
program

11.47%
(historically,
TBD in call for
projects)
Funds local and regional multimodal
transportation and land use planning projects
that further the region’s RTP Sustainable
Communities Strategies (SCS) where
applicable, contribute to the State’s GHG
reduction targets, and assist in achieving the
Caltrans Mission and Grant Program
Overarching Objectives.

Eligible planning projects must have a
transportation nexus. Successful planning
January 2021
37 920
City of Palmdale Page 5 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
projects are expect ed to directly benefit the
multi-modal transportation system.

Sustainable Communities Grants will also
improve public health, social equity,
environmental justice, the environment, and
provide other important community benefits.

California Natural
Resources Agency
Environmental
Enhancement and
Mitigation (EEM)
Program
State Grant
$6.7 million
annually
Maximum
Award:
$1 million for
acquisitions
$500,000 for
development
projects
None The EEM is an annual program that provides
funding to mitigate environmental effects
caused by new or modified state
transportation facilities, including the
categories of urban forestry, resource lands,
and mitigation projects beyond the scope of
the lead agency.

Solicitaiton in
January 2021
National Endowment
for the Humanities
Preservation
Assistance Grants
for Smaller
Institutions
Federal Grant
Max Award:
$10,000
None, but
applicant must
show that
project will be
fully funded if
project cost
exceeds grant
amount
Preservation Assistance Grants help small
and mid-sized institutions—such as libraries,
museums, historical societies, archival
repositories, cultural orga nizations, town and
county records offices, and colleges and
universities—improve their ability to preserve
and care for their significant humanities
collections. These may include special
collections of books and journals, archives
and manuscripts, prints and photographs,
moving images, sound recordings,
architectural and cartographic records,
decorative and fine art objects, textiles,
archaeological and ethnographic artifacts,
furniture, historical objects, and digital
materials.

January 14,
2021
This is an annual
program
California Department
of Justice
2020 Funding
TBD
None The Tobacco Grant Program, funded by
Proposition 56 (tobacco sales tax) revenues,
provides local public agencies with funding to
promote a healthier California by reducing
Summer 2021 Funding for
SROs, public
safety education
programming
38 921
City of Palmdale Page 6 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
Tobacco Grant
Program
illegal sales and marketing of cigarettes and
tobacco products to minors. Projects can
include funding for School Resource Officers,
educational materials, etc.

National Endowment
for the Arts
Our Town
Federal Grant
Min. Award:
$25,000
Max Award:
$150,000
1:1 A creative placemaking grants program, this
support projects that integrate arts, culture,
and design activities into efforts that
strengthen communities by advancing local
economic, physical, and/or social outcomes.

Summer 2021 Arts engagement,
cultural planning,
design, or
creative industry
support projects
California Natural
Resources Agency
Youth Community
Access Grant
Program
State Grant
$5.3 million
available
statewide
Min. Grant:
$50,000
Max Grant:
$300,000
None The California Natural Resources Agency
received $5.3 million to fund programs that
support youth access to natural and cultural
resources, including comm unity education
and recreational amenities to support youth
substance prevention and early intervention
efforts. The Program has a focus on low -
income and disadvantaged communities.

Summer 2021 Youth
programming
projects
This is an annual
program
California Office of
Emergency Services
(CalOES) and FEMA
FY 2020 Building
Resilient
Infrastructure and
Communities (BRIC)*
Federal Grant
administered by
State:
$50 million max
per
subapplication
25% of total
project cost
The Building Resilient Infrastructure and
Communities (BRIC) program makes federal
funds available to State and subapplicant
local communities for pre -disaster mitigation
activities. BRIC priorities are to i ncentivize
public infrastructure projects; projects that
mitigate risk to one or more lifelines; projects
that incorporate nature -based solutions; and
adoption and enforcement of modern building
codes. California entities will submit as
subapplicants throu gh CalOES who will
submit applications to FEMA.

Summer/Fall
2021
*Formerly the Pre-
Disaster Mitigation
(PDM) program
This is an annual
program
39 922
City of Palmdale Page 7 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
California Natural
Resources Agency
Museum Grant
Program
State Grant
$700,000
available
statewide
Min. Grant:
$20,000
Max Grant:
$40,000
5% of
requested grant
amount for
public agencies
No match for
nonprofits
Funding for program projects, capital projects,
or a combination of program and capital
projects that assist and enhance museums
that are deeply rooted in , and reflective of,
previously underserved communities.

Priority funding will be given to museums that
have been severely impacted by COVID -19
and that serve historically underserved
communities and/or Title I Students.

Fall 2021
CalFIRE
Urban and
Community Forestry
Program
State Grant
2020 Funding
TBD
Min. Grant:
$150,000
Max Grant: $1.5
million
25% Through the California Climate Investments
(CCI) Urban & Community Forestry Grant
Program, CAL FIRE works to optimize the
benefits of trees and related vegetation
through multiple -objective projects. Eligible
project categories include (1) Urban Forest
Expansion and Improvement, (2) Urban
Forest Management, and (3) urban Wood and
Biomass Utilization
Solicitation
delayed due to
GGRF/State
Budget issues,
next cycle
dates TBD
Urban Forest
Management
Plan and city-
wide tree planting
Public Works has
expressed interest
in pursuing this
grant for the next
solicitation, will
follow up when the
program is open for
applications for
2020
CalFIRE
Forest Health
Program
State Grant
2020 Funding
TBD
Min Award:
$750,000
Max Award: $5
million
None Through the California Climate Investments
(CCI) Forest Health Grant Program, CAL
FIRE funds projects that proactively restore
forest health to reduce greenhouse gases,
protect upper watersheds where the state’s
water supply originates, promote the long -
term storage of carbon in forest trees and
soils, minimize the loss of forest carbon from
large, intense wildfires, and further the goals
of the C alifornia Global Warming Solutions
Act of 2006 (AB 32)
Solicitation
delayed due to
GGRF/State
Budget issues,
next cycle
dates TBD
VW Mitigation Trust
Fund
Light-Duty Zero-
Emission Vehicle
Infrastructure
State Grant
$10 million
TBD
Funding to install and maintain EV charging
stations
TBD,
guidelines
currently under
development
EV Charging
Stations
throughout City
40 923
City of Palmdale Page 8 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
National Endowment
for the Arts: Research
– Art Works
Federal Grant:
$30k Max Award
50% Funding for research that investigates the
value and/or impact of the arts either as
individual components or as they interact with
American life.

To Be
Announced
AERO Building
planning or
support
Economic
Development
Administration:

Economic
Development
Assistance Program
Federal Grant:
$3M Max Award
50% Development in economically distressed
areas of the United States by fostering job
creation and attracting private investment.

Specifically, construction, non -construction,
and revolving loan fund investments.

Rolling
Deadline,
applications
reviewed
quarterly
LA County Regional
Park and Open Space
District (RPOSD):

Natural Lands, Local
Beaches, Water
Conservation and
Protection
Measure A Grant
Program
Local Grant
$11.5 million
available
$50,000 Min
Award
$3.7 million Max
Award
None required,
but leveraging
other funds
strengthens
application
Projects should improve and protect open
space, watersheds, and water resources
through planning, acquisition, development,
improvement, and restoration of multi -benefit
park projects that promote, improve, or
protect clean l ocal water supplies, habitat
improvements, park space, recreation, public
access, watershed health, and open space .

This includes improvements or restoration of
areas that buffer rivers, streams, and their
tributaries along with the lakes and beaches
throughout the County. Priority will be given to
projects offering the greatest regional benefit
or serving the greatest regional need.

At least thirty percent of these funds will be
awarded to projects strictly located in High -
Need or Very -High-Need Study Are as, as
defined by the most recent Countywide
Neighborhood Parks and Recreation Needs
Assessment.

Solicitation
TBD late
2020/early
2021
Cycle will
occur every 4
years
afterwards
Oasis Park
completion
Yellen Park
completion
Arnie Quinones
Park completion
Solicitation
originally scheduled
for September
2020, not yet
released as of
10/21/2020
LA County Regional
Park and Open Space
District (RPOSD):

Regional Recreation,
Multi-Use Trails, and
Accessibility
Program
Local Grant
$10 million
available
$50,000 Min
Award
None required,
but leveraging
other funds
strengthens
application
Regional Recreation, Multi -use Trails and
Accessibility Competitive Grants Program
projects should improve and protect regional
recreational facilities, trails and accessibility
projects.

Solicitation
TBD late
2020/early
2021
Cycle will
occur every 4
Solicitation
originally scheduled
for September
2020, not yet
released as of
10/21/2020
41 924

City of Palmdale Page 9 of 13

Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
Measure A Grant
Program
$3.1M Max
Award
years
afterwards
LA County Regional
Park and Open Space
District (RPOSD):

Acquisition-Only
Grant Program

Measure A Grant
Program
Local Grant

Funding TBD –
will be based on
revenue

$50,000 Min
Award

$1M Max Award
None required,
but leveraging
other funds
strengthens
application
All projects are for the acquisition of land for
project types included in the Natural Lands,
Local Beaches, Water Conservation and
Protection Program or the Regional
Recreation, Multi-Use Trails and Accessibility
Program.

Solicitation
TBD 2021

Cycle will
occur annually
afterwards

Program on hold,
RPOSD staff are
working with the
Measure A steering
committee to
develop evaluation
criteria for this
program
LA County Regional
Park and Open Space
District (RPOSD):

Recreation Access
Program

Measure A Grant
Program
Local Grant

$8.2 million
available for LA
County

$50,000 Min
Award

$1.85 million
Max Award
None required,
but leveraging
other funds
strengthens
application
These grants shall establish or continue
building upon established programs to
increase the ability of residents to access
public lands, park facilities, and park
amenities, including education, interpretive
services, safety informa tion, transportation,
and other activities that increase accessibility
for County residents, especially those in High-
Need or Very-High-Need Study Areas.

RPOSD shall prioritize grants to organizations
that provide services to, or recruit a majority
of the ir participants from, the areas of high -
need, and very high-need, as identified in the
2016 Countywide Park Needs Assessment
Report
TBD 2021

Program will
occur every 2
years
Programming
projects only, no
capital projects

2019-2020
Competitive Grant
Cycle Canceled due
to Covid-19.

RPOSD will
announce a new
application filing
period for each
program with
updated program
guidelines that will
allow applicants to
address COVID-19
restrictions in their
applications.

LA County Regional
Park and Open Space
District (RPOSD):

Youth and Veteran
Job Training and
Placement Program
Local Grant

$7 million
available for LA
County

None required,
but leveraging
other funds
strengthens
application
Youth and Veteran Job Training and
Placement grants provide funds for
organizations that provide any of the
following:
• Education and skills training
program - program that provides
TBD 2021

Program will
occur every 3
years
Programming
projects only, no
capital projects

2019-2020
Competitive Grant
42 925
City of Palmdale Page 10 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Potential City
Projects Comments
Measure A Grant
Program
$50,000 Min
Award
$1.4 million Max
Award
education, skills training, and career
pathway development to young
adults, ages 18 to 25, or veterans, to
implement park projects and
programs
• Certification and job placement
program: program that provides
certifications and placement services,
or apprenticeship opportunities, for
young adults, ages 18 to 25, or
veterans, for jobs and careers in the
Parks and Recreation field.

RPOSD shall prioritize grants to organizations
that provide services to, or recruit a majority
of their participants from, the areas of high -
need, and very high-need, as identified in the
2016 Countywide Park Needs Assessment
Report.

Cycle Canceled due
to Covid-19.

RPOSD will
announce a new
application filing
period for each
program with
updated program
guidelines that will
allow applicants to
address COVID-19
restrictions in their
applications.
43 926
City of Palmdale Page 11 of 13
Administrator &
Grant Name Application Info Matching
Funds Eligible Projects Application
Deadline
Applicable City
Projects Comments

PRIVATE GRANTS
Walmart Community
Foundation
Community Grant
Program
Foundation
Grant: $5,000 max
None There are 8 areas of funding for which an
organization can apply:
- Hunger relief and healthy eating
- Health and human service
- Quality of life
- Education
- Community and economic development
- Diversity and inclusion
- Public safety
- Environmental sustainability
Application
open from
February to
December
annually
Citywide parks
projects
Submitted four
(4) applications
for funding for
improvements to
Courson Park in
May 2019.

FM Global: Fire
Prevention Grant
Program
Not specified,
awards generally
for less than
$10,000
None Through the FM Global Fire Prevention Grant
Program, fire departments and brigades, as well
as national, state, regional, local and community
organizations can apply for funding to support a
wide array of fire prevention, preparedness and
control efforts, including pre -incident planning,
fire prevention education/training and arson
prevention/fire investigation.

Project examples include:
• Pre-Incident Planning (computer
software programs, laptops)
• Fire Prevention Education/Training
(community outreach initiatives,
workshops, publications)
Arson Prevention/Fire Investigation (juvenile fire
setter programs, continuing education courses,
digital and specialized cameras, accelerant
detection equipment)
4 times
annually:

March 31
June 30
September
30 December 31
Firehouse Subs
Public Safety
Foundation Grant
Min Grant:
$15,000
Max Grant:
$25,000
None Funding may be used for the purchase of life -
saving equipment, support of military, disaster
relief, scholarships and continued education, and
prevention education. The Foundation mainly
focuses its resources in areas served by
Firehouse Subs restaurants (within a 60 -mile
radius). However, the Foundation recognizes the
need of rural and volunteer departments
Applications
accepted
quarterly
City is eligible –
there is a
Firehouse Subs
location in Santa
Clarita, which is
within 60 miles
of the City
44 927
City of Palmdale Page 12 of 13
throughout the country, and will consider
applications outside of the 60-mile guideline.

Funding Areas:
• Life-Saving Equipment: Provide first
responders with live-saving equipment
• Prevention Education : Provide
prevention education tools to the public
about the importance of public safety in
order to prevent disasters in the home
and community.
• Scholarships and Continued
Education: Provide financial resources
or continued education to individuals
pursuing a career in public safety
• Disaster Relief: Provide assistance and
resources during and after natural and
man‐made disasters such as fires,
tornadoes, hurricanes, etc.

Ineligible equipment: drones, body cameras,
power load systems, exercise equipment, radar
detectors, uniforms, recording devices, Narcan,
safety education robots and costumes, building
exhaust removal systems, security systems, and
use of force equipment
KaBOOM!:

Community-Built
Playgrounds
Program 1: Build it
with KaBOOM!
Program 2: Build it
Yourself
Foundation Grant
Build it with
KaBOOM:

Grantees receive a
custom designed
playground in-kind
Build it Yourself:
$15,000 grant
Build it with
KaBOOM:
$8,500
Build it
Yourself:
$9,000
Funding for the purchase of playground
equipment for entities without a playground or
with existing equipment that is unsafe for
children.

Applications
accepted on
rolling basis
Citywide
playground
updates
US Soccer
Foundation: Safe
Places to Play Grant
Foundation Grant:
$50K Max Award
50% Projects to develop soccer fields for use by
youth soccer in underserved communities
including the costs of lighting, irrigation,
construction, surfacing and enhancement.

Letters of
Interest
accepted on
rolling basis
Citywide youth
sports
45 928
City of Palmdale Page 13 of 13
2020 dates
for selected
applicants
TBD
Major League
Baseball: Baseball
Tomorrow Fund
Private
Organization
Grant: No Max
Award
50% Projects that create or rehabilitate baseball or
softball fields for children ages 10-16. Eligible
costs can include field amenities, excluding
restrooms or concessions.

Letters of
Inquiry
accepted on
an ongoing
basis
Citywide youth
sports
Good Sports
Foundation: Good
Sports Grant
Foundation Grant:

Various Awards by
size
10% Sporting equipment, footwear and apparel
donations for any and all sports programs
targeted at underserved children ages 3-18.

Rolling
Deadline
Citywide youth
sports (equipment)
Bank of America: Non-
Profit Grant Funding
Private
Organization
Grant: $5K-$50K
range
0% Community funding by addressing issues
related to workforce development and
education, community development, and basic
need. Requires a non-profit applicant.

Rolling
Deadline
The California
Endowment:

California
Endowment Grants
Foundation Grant:

Various Awards
Varies by
Grant
Funding for expanded access to affordable,
quality health care for underserved individuals
and communities and to promote fundamental
improvements in the health status of all
Californians.

Requires an invitation to apply. No
unsolicited applications will be accepted.

Rolling
Deadline
LA84 Foundation:

LA84 Foundation
General Grants
Foundation Grant:
$10K Average
Award
0% Sports funding for a broad range of youth,
focused in under-resourced communities,
school-based sports programs, and girls in
sports.

Applications
accepted at
any point
during the
year
Citywide youth
sports
Union Bank: Non-
Profit Grant Funding
Private
Organization
Grant: Various
Awards
0% Community funding focused on Affordable
Housing; Community Economic Development;
Education; Environment; and Human Services.

Requires a non-profit applicant.

TBD for 2020
46 929
Print Application
RFP Title: Urban Greening Grant Program - March 2020 - Round 4 Project Title: Sam Yellen Park and Ave. R-8 & 55th Street Eastside Re- Leaf Project
Estimated Date of Completion: 03/30/2022
Funds Requested($): 2,558,976.00
Other Sources of Funds($): 337,860.00
Total Budget($): 2,896,836.00
Applicant Organization: City of Palmdale
Applicant Address: 38300 Sierra Highway, , Palmdale , CA - 93550
Federal Tax ID: 95222624
County: Los Angeles City/Town: Palmdale
Project
Address:

LMD 72: roughly Avenue R-8 & 50th St. East to Avenue R-8 & 55th St.

East; Yellen Park: 5100 E Ave S, Palmdale, CA 93552
Senate District 21
Assembly District 36
US Congressional District 25
Project Description:

The Sam Yellen Park and Ave. R-8 & 55th Street Eastside Re-Leaf Project will enhance community green space and expand green infrastructure in eastern Palmdale through the planting of 173 trees, over 1500 drought-tolerant shrubs and plants, and urban greening enhancements to Phase I of the City's Sam Yellen Park. The project will plant 81 new trees, 1074 attractive and drought tolerant shrubs and plants, and a new point source irrigation system along East Ave. R-8 & 55th Street East, in the City's Landscape Maintenance District (LMD) 72. At Sam Yellen Park, the project includes 92 new trees, new drought tolerant shrubs, a decomposed granite walking path, upgraded fertilizer injector system, picnic tables and shade structures, tot lot playground, upgraded storm water bio-filtration system, stairs to sports field/bio basin, and dog park and playground lighting. The upgraded injector in particular is key to successful establishment of existing and future plantings at Sam Yellen Park.

Latitude: 34.565281000 Longitude: -118.035791000 Cordinates Represent: Center of LMD 72 Coordinates Determined Using: Google Maps
Project Director (Applicant's Representative Authorized in Resolution) (Signature required at bottom of this page) Name: Charles - Heffernan Title: Project Director: Authorized Representative Phone: 661-267-5300 Email: [email protected] Project Manager - Person with day to day responsibility for project (if different from authorized representative) Name: Amilcar - Naef Title: Project Manager: Day to day contact Phone: 661-267-5353 Email: [email protected]
I certify that the information contained in this project application, including required attachments, is complete and accurate Signed: ____________________________________________________________ Applicant's Authorized Representative as shown in Resolution Date: _________________
Print Name: ____________________________________________________________ Title: _________________ ATTACHMENT 8: PALMDALE URBAN GREENING GRANT APPLICATION 47 930
Applicant Information
Application Overview
RFP Title: Urban Greening Grant Program - March 2020 - Round 4 Submitting Organization: TOWNSEND PUBLIC AFFAIRS
Submitting Organization
Division:

TPA SC
Project Title: Sam Yellen Park and Ave. R-8 & 55th Street Eastside Re-Leaf Project Project Description: The Sam Yellen Park and Ave. R-8 & 55th Street Eastside Re-Leaf Project will enhance community green space and expand green infrastructure in eastern Palmdale through the planting of 173 trees, over 1500 drought-tolerant shrubs and plants, and urban greening enhancements to Phase I of the City's Sam Yellen Park. The project will plant 81 new trees, 1074 attractive and drought tolerant shrubs and plants, and a new point source irrigation system along East Ave. R-8 & 55th Street East, in the City's Landscape Maintenance District (LMD) 72. At Sam Yellen Park, the project includes 92 new trees, new drought tolerant shrubs, a decomposed granite walking path, upgraded fertilizer injector system, picnic tables and shade structures, tot lot playground, upgraded storm water bio-filtration system, stairs to sports field/bio basin, and dog park and playground lighting. The upgraded injector in particular is key to successful establishment of existing and future plantings at Sam Yellen Park.

APPLICANT DETAILS
Applicant Organization: City of Palmdale
Applicant Organization
Division:

Applicant Address: 38300 Sierra Highway, , Palmdale , CA - 93550

PROJECT LOCATION
Latitude : 34.565281000 Longitude: -118.035791000
County: Los Angeles
Estimated Date of
Completion:
03/30/2022
Project Address (or nearest
cross street):

LMD 72: roughly Avenue R-8 & 50th St. East to Avenue R-8 & 55th St. East; Yellen Park: 5100 E Ave S, Palmdale, CA 93552 Nearest City/Town: Palmdale
Cordinates Represent: Center of LMD 72
Coordinates Determined
Using:

Google Maps

PROJECT BUDGET
Funds Requested($): 2,558,976.00
Other Sources of Funds($): 337,860.00
Total Budget($): 2,896,836.00
Funding Program Applied
Greenhouse Gas Reduction Fund (GGRF) Yes
Project Management Role Title First Name Last Name Phone Fax Email Project Director: Authorized Representative Director of Public Works Charles Heffernan 661-267-5300 661-267-5355 [email protected] Project Manager: Day to day contact Public Works
Project Manager Amilcar Naef 661-267-5353 661-267-5355 [email protected] Person Submitting Information
48 931
Submitter Name:

Submitter Phone:

Submitter Fax:

Submitter Email:

Name:

Division:

Address:

Federal Tax ID:

Applicant Information
City of Palmdale
38300 Sierra Highway, Palmdale, CA , 93550
95222624
Person Submitting Information
Eric O'Donnell
949-399-9050
[email protected]
Legislative Information Primary Additional District(s)
Senate District 21
Assembly District 36
US Congressional District 25
Contacts Name Phone Email
City of Palmdale Amilcar Naef 661-267-5353 [email protected] City of Palmdale Steven Montenegro 661-267-5338 [email protected] Cooperating Entities Role Name Phone Email
There are no COOPERATING ENTITIES to display.

Pre Submission Attachment Title Phase Submission Period Date & Time

1.01 Concept Proposal Form Signature Page PHASE1 PRE SUBMISSION 7/14/2020 5:38:39 PM

1.02 Site Plan - LMD 72 PHASE1 PRE SUBMISSION 7/14/2020 5:39:47 PM

1.02 Site Plan - Sam Yellen PHASE1 PRE SUBMISSION 7/14/2020 5:40:49 PM

1.03 Photographs PHASE1 PRE SUBMISSION 7/14/2020 5:41:58 PM

1.04 Cost Estimate PHASE1 PRE SUBMISSION 7/14/2020 5:43:23 PM

1.05 Community Engagement Co-Benefit Questionnaire PHASE1 PRE SUBMISSION 7/14/2020 5:44:38 PM

1.07 Assessor's Parcel Map - LMD 72 PHASE1 PRE SUBMISSION 7/14/2020 5:45:16 PM

1.07 Assessor's Parcel Map - Sam Yellen PHASE1 PRE SUBMISSION 7/14/2020 5:45:35 PM Download all Pre Submission Attachments
Post Submission Attachment Title Phase Date & Time Attached No Post Submission Attachments Available to Display
Questionnaire - Phase1

ELIGIBILITY CHECKLIST
1 Is the applicant one of these entities? (Choose one)
Answer: l City
2 Does the project meet at least one of the three GHG reduction project activities listed below? 2a. Sequester and store carbon by planting trees
Answer: l Yes
2b. Reduce building energy use by strategically planting trees to shade buildings Answer: l Yes
49 932
2c. Reduce commute vehicle miles traveled by constructing bicycle paths, bicycle lanes or pedestrian facilities that provide safe routes for travel between residences, workplaces, commercial centers, and schools.

Answer: l No
3 Does the project meet at least one of the statutory requirements listed below? 3a. Acquire, create, enhance or expand community parks and green spaces Answer: l Yes
3b. Use natural systems or systems that mimic natural systems to achieve multiple benefits Answer: l Yes
4 Is 50% or more of the project located within a publicly accessible area in a disadvantaged or low-income community? (Select all that apply)
a. Disadvantaged Community (CalEnviroScreen 3.0)
Answer: l No
b. Low-Income Community (at or below 80% of statewide median income) Answer: l Yes
c. Low-Income Community within a Half Mile of a Disadvantaged Community Answer: l No
d. If not, is the project located in an urban area as defined? Answer: l Yes
If yes, list the applicable plan covering the project area that designates or defines the area as urban (May include, but not limited to, general plans, specific plans, or community plans.)
Plan name:

Answer: The City of Palmdale General Plan designates the City as an urbanized community. At the time of the last General Plan update (1993), the City had a population of about 80,000. According to the U.S. Census Bureau's 2019 population estimate, the City has a current population of nearly 153,000.

DISADVANT

AGED COMMUNITY ELIGIBILITY CHECKLIST
1 Does the project serve a disadvantaged or low-income community? Select all that apply. 1a. Disadvantaged Community (CalEnviroScreen 3.0)
Answer: l No
1b. Low-Income Community (at or below 80% of statewide median income) Answer: l Yes
1c. Low-Income Community within a Half Mile of a Disadvantaged Community Answer: l No
1d. Critically Underserved Community
Answer: l Yes
50 933
2 Is 50% or more of the project in a publicly accessible area in the disadvantaged or low-income community? Answer: l Yes
If you selected “Yes” to at least one of the Questions 1 a-c, answer Questions 3-8. Projects must meet at least one of the following to be eligible as a disadvantaged or low-income community. Select all that apply. 3 Will a majority of the trees planted be accessible by walking within ½ mile of the disadvantaged or low-income community? Answer: l Yes
4 Does the project reduce the flood risk to one or more adjacent disadvantaged or low-income communities? Answer: l No
5 Does the project expand or improve the usability of existing active transportation routes? Answer: l Yes
6 Does the project improve open spaces, parks, greenbelts, and passive recreational areas publicly accessible by walking within ½ mile of a disadvantaged or low-income community?
Answer: l Yes
7 Does the project reduce energy demand for households? Answer: l Yes
STEP 1: PROJECT PROPOSAL
Project Summary
Describe the discrete project, including expected project deliverables. Include a brief description of current site conditions and extent of public access for the proposed project, if applicable. Summaries are limited to 4,000 characters.

Answer: The Sam Yellen Park and Ave. R-8 & 55th Street Eastside Re-Leaf Project will enhance community green space and expand green infrastructure in eastern Palmdale through the planting of 173 trees, over 1500 drought-tolerant shrubs and plants, and urban greening enhancements to the Phase I implementation of the City's Sam Yellen Park.

Specifically, the project will plant 81 new shade and ornamental trees, a variety of 1074 attractive and drought tolerant shrubs and plants, and a new water conserving point source irrigation system along East Ave. R-8 & 55th Street East, in the City's Landscape Maintenance District (LMD) 72. The project also includes 92 new shade trees, 540 new drought tolerant shrubs, a decomposed granite walking path, upgraded fertilizer injection system, picnic tables and shade structures, tot lot playground, upgraded storm water bio-filtration system, stairs to sports field/bio basin, and dog park lighting at Sam Yellen Park. The upgraded injector in particular is key to successful establishment of existing and future plantings at Sam Yellen Park.

Through these improvements, the project will mimic natural systems to achieve multiple benefits for the eastern Palmdale community, including creation of new recreational opportunities, carbon sequestration through tree planting, enhanced drought tolerance, efficient use of water, mitigation of urban heat island effect, and improved stormwater capture. The two project areas are also centrally located in eastern Palmdale in close proximity to each other; as such the proposed improvements will strengthen the cohesiveness of the community by expanding its urban forest.

LMD 72, which extends along East Ave. R-8 & 55th Street East, is located in a residential area of the City and provides a pedestrian pathway to nearby schools and parks, including Domenic Massari Park (0.25 miles from LMD 72), Sam Yellen Park (0.5 miles), Chaparral Elementary School (0.1 miles), Mesquite Elementary School (0.7 miles), Quail Valley Elementary School (1.4 miles), Shadow Hills Middle School (1.4 miles), and Knight High School (1.8 miles). Greening of LMD 72 will enhance pedestrian routes to these locations, encouraging active transportation to these locations and other important destinations in the surrounding area.
51 934
Phase I implementation of Sam Yellen Park, completed in 2017, developed 12.8 acres with the construction of a dog park, fitness circuit, illuminated multi- purpose field, playground, covered tables, and 100-space parking lot. This project will build on these developments with additional amenities that incorporate direct resident requests for improvements in the years since completion, such as requests for more shaded areas, a walkway around the park, and additional seating throughout the park. The attached conceptual plan indicates the proposed locations of these enhancements within Sam Yellen Park. These improvements will make Sam Yellen Park a greener, more accessible, and more welcoming resource for the community, particularly for the disadvantaged community located adjacent to the park that will most directly benefit from this project.

LMD 72 is freely accessible to the public at all times and is an existing pedestrian route in the City. It extends along two major thoroughfares in Eastside Palmdale, including Ave. R-8 which is a transit route with future multi-modal amenities planned for the corridor, among them a bike trail. Sam Yellen Park is freely accessible to the public 7 days a week from 6 AM to 10 PM; this will continue to be the case following the proposed expansion. When complete, the key deliverables will be (1) completion of planned enhancements to LMD 72 and (2) improvement of Phase I of the City's Yellen Park project, which has been in progress since 2006. The project will also improve preparation for the planned Phase II implementation of Sam Yellen Park, which will develop the remaining

12.1 acres of the 24.93-acre site.

Project Questions
Applicants must answer the following questions, as applicable. If a question does not apply to the project, indicate "Not Applicable" with a brief explanation. Do not leave blank fields. Answers are limited to 4,000 characters each.

Statutory and Program Requirements
All applicants must meet certain requirements as specified in statute. Each applicant must answer the questions below, as applicable. 1 Explain how the project meets the statutory criteria of 1) acquiring, creating, enhancing, or expanding community parks and green spaces, and/or 2) using natural systems, or systems that mimic natural systems.

Answer: The Sam Yellen Park and Ave. R-8 & 55th Street Eastside Re-Leaf Project will achieve measurable benefits by enhancing and expanding green space in an existing community park and other community spaces in the City of Palmdale. The addition of a tree-lined walking trail around Sam Yellen Park's perimeter will create a new recreational opportunity for residents, who will be able to use the trail for exercise and active recreation. By adding new greenery to provide shade for the dog areas of the park and in the existing playground, this project will also enhance the safety and usability of these park features during the hot summer months, when high temperatures would otherwise make it difficult for children and pets to safely play without shelter from the sun. Shade structures throughout the park will offer similar heat mitigation and safe use benefits.

Similarly, the addition of 81 trees along Ave. R-8 and 55th Street East will enhance the walkability of this green space for pedestrians who regularly use the route.

Currently, there are few trees in LMD 72 – of 149 tree sites, 81 are available -- which makes travelling along this route challenging for pedestrians particularly during the City's hot summer months. Moreover, the LMD 72 project location is unique in that it will provide 50% valuable mature canopy coverage in addition to upwards of 50% new canopy coverage from planting new trees and over 1000 plants and shrubs. Existing mature tree preservation is key to leveraging peak eco-system services and quantifiable benefits of this project; this project will offer GHG reduction through a combined canopy preservation and expansion strategy. The real and measurable benefits trees provide to human health, property values and business performance, air quality, atmospheric carbon dioxide reduction, storm water management, and conservation in building energy use peak when trees mature. As such, protection of mature trees while also planting new ones will ensure maximization of these multiple benefits over the lifespan of the new and existing trees.

Additionally, the project will measurably improve stormwater collection and filtration through planned upgrades to Sam Yellen Park's existing stormwater biofiltration system and by improving maintenance access to this system with the expansion of a turnout. Currently, City staff have found that debris and runoff containing motor oil deposits from the neighboring shopping center accumulate in the existing structure, and City maintenance crews struggle to reach the structure through the existing maintenance access point. The planned improvements will resolve this issue and enable proper stormwater filtration, preventing trash from flowing with stormwater. The City's selected construction contractor will also be charged with developing a Stormwater Pollution Prevention Plan (SWPPP) to ensure that stormwater is not polluted during the course of construction. 52 935
2 Which of the three project activities (carbon sequestration through tree planting, energy use reduction from tree shade, or reduced vehicle miles traveled) is being proposed?
Answer: This project proposes carbon sequestration through tree-planting and energy use reduction from tree shade, as well as preservation of existing mature trees in the Ave. R-8 & 55th Street planting location. The project will sequester carbon through the planting of 81 new trees and preserving over 60 mature in LMD 72, and planting 92 new trees in Sam Yellen Park. Many of the trees planted in LMD 72 will be located in proximity to residential developments, which will also result in energy use reduction for these households.
3 Explain how the proposed strategy will result in a net GHG benefit. CARB's 2019-2020 quantification methodology for the Urban Greening Program can be found at:

Air
Resources Board Website.

Answer: The proposed strategy of planting 173 trees to fill all available tree vacancies in LMD 72 and Sam Yellen Park, with a plant palette that is diverse in both species variety and size, will result in a net GHG benefit through the sequestration of carbon. Per the CARB 2019-2020 Benefits Calculator for the Urban Greening Grant Program, this project will store 139 metric tons of CO2 through new trees planted, and will reduce 39 pounds of PM 2.5 and 528 pounds of NOx emissions.

Further, given that all trees in the planted in the Ave. R-8 & 55th Street planting location (LMD 72) will be in close proximity to homes, this project will also offer measurable energy reductions. Per the CARB 2019-2020 Benefits Calculator for the Urban Greening Grant Program, this project will avoid 10 metric tons of CO2 through energy savings, as well as a 295,426 kWh reduction in fossil fuel-based energy use and total energy and fuel cost savings of $39,952. 4 Explain how the project provides multiple benefits. These could include, but are not limited to, reduced air pollution, water pollution, consumption of natural resources, or consumption of energy.

Answer: The Project will use natural systems to achieve multiple benefits, including carbon sequestration through tree planting and mature tree preservation, reduction of building energy use, enhanced drought tolerance, efficient use of water, mitigation of urban heat island effect, and improved stormwater capture.

Installation of a new water conserving point source smart water conserving irrigation system at the Ave. R-8 & 55th Street East project location (LMD 72), along with planting of climate-appropriate plants, will measurably conserve water while greening this space. Planned upgrades to Sam Yellen Park's existing stormwater biofiltration system and improved maintenance access to this system will measurably improve stormwater collection and filtration at the park.

Specifically, LMD 72 has 2 pass-through detention basins that are currently devoid of trees; this project will install 6 new shade trees in each basin, enhancing the stormwater interception capabilities for these drainage facilities.

The project further includes the planting of 173 new trees as well plants, grasses, and shrubs throughout LMD 72 and Sam Yellen Park as follows:
- 81 new 15-gallon trees in LMD 72
- 66 existing mature trees preserved in LMD 72
- 342 new 5-gallon shrubs in LMD 72
- 732 new 1-gallon shrubs in LMD 72
- 92 new 15-gallon trees in Sam Y
ellen Park
- 540 new shrubs in Sam Y
ellen Park
These plantings will sequester carbon, improve air quality, and reduce urban heat island effect in the project area. Per an iTree Project Report generated to quantify the benefits of this project, the new trees planned for this project will sequester 2,027,329 pounds of carbon dioxide, intercept 3,951,017 gallons of rainfall, and avoid 393,075 gallons of runoff over 40 years. These trees and plants will also enhance natural habitat in the project area, providing shelter for birds and other animal species.

Lastly, all trees planted in LMD 72 will be located in proximity to residential developments, which will result in energy use reduction for these households, with pronounced summer energy savings. Over the next 40 years, the combination of preserved and newly planted trees will conserve a total of 2,180,537.6 Kilowatt- hours of electricity and reduce consumption of heating fuel by 7,100.7 therms. These reductions in energy building use and associated reductions in energy costs are important for families in the median income bracket for the surrounding community, which is a disadvantaged community. 5 Select
TWO of the project examples from the list below and answer the corresponding questions. Provide a qualitative description as well as any quantitative information on this topic. 53 936
a. Greening of existing public land and structures, including schools b. Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and tree c. Non-motorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers and schools d. Tree Canopy
e. Neighborhood, city, regional, or county parks and open space f. Riparian Habitat
g. Urban heat island mitigation and energy conservancy efforts through greening, including greening roofs h. Multi-objective stormwater projects, including the construction of permeable surfaces and collection basins and barriers i. Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change
j. Economic, social, and health benefits including, but not limited to, recreational opportunities, workforce education and training, contracting and job opportunities for disadvantaged communities
Answer: l d. Tree Canopy e. Parks & open space
a Greening of existing public land and structures, including schools a.1 Describe the current environmental condition and use of the project site.

Answer:
a.2 How will the proposed project contribute to the economic, social, and/or recreational life of the community? Answer:
b Green Streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales and trees b.1 How will the project convert the property into a green street or alley? Answer:
b.2 How will the project reduce vehicle miles traveled? Answer:
c Non-motorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools c.1 Describe how the trail increases connectivity of the active transportation network such as filling gaps or otherwise completing routes in a bike or trail plan or a low-street bikeway network.

Answer:
c.2 Identify the intended users of the trail.

Answer:
54 937
c.3 Describe how the trail connects to or between parks, open space, or green infrastructure.

Answer:
d Tree Canopy
d.1 What species of trees and plants will be used? If proposing non-native species, explain the rationale for the selection.

Answer: All new trees and plants that are included in the project design will be climate-appropriate and drought-tolerant to ensure that water resources continue to be used wisely. Possible species for tree planting include cork oak, Corkscrew Mesquite, Blue Palo Verde, Afghan Pine, Pink Dawn Desert Willow, Chinese Pistache, and Deodor Cedar species. The plant palette for this project was curated by the City of Palmdale Urban Grounds & Green Spaces team with all species thoughtfully selected because of their ability to thrive in the City's extreme environment.

The City of Palmdale is located in the Mojave Desert, a region with a high desert micro climate that is known for hot dry summers, very cold winters and sustained wind activity. Similar climates can be found in the deserts of the southwest including Nevada, Arizona, Texas and parts of Mexico. The only true "native trees" that occur in the Mojave Desert are the Joshua Trees, and the City has an ordinance in place that is specifically intended to protect and relocate Joshua trees when they become available through land development.

The additional tree and plant species selected for this project are all proven survivors in the City's area and offer heightened Urban Forest sustainability through adaptability to a warming climate and resistance to disease and pests. Selected species include, as outlined above, the Cork Oak, Corkscrew Mesquite, Blue Palo Verde, Afghan Pine, Pink Dawn Desert Willow, Chinese Pistache, and Deodora Cedar species. These species are not all native to the Mojave Desert, but they are all native to areas with similar environmental characteristics and have proven to be effective, sustainable low water use plantings in our community d.2 What are the environmental benefits of the species selected? Answer: The cork oak tree is a semi deciduous evergreen tree native to the Mediterranean region. Its cork bark and waxy leaves offers heightened resilience and is well suited for desert and desert-like climates. They provide significant shade and, once established, are very drought-tolerant and require only infrequent watering.

The Corkscrew Mesquite is a low-maintenance drought-tolerant species native to Southern California. Mesquites also enrich soils, which can be beneficial in deserts where soils are typically low-nutrient.

The Palo Verde tree is a highly drought-tolerant species commonly planted as a shade tree in a wide variety of settings. It is a fast-growing tree that is native to and grows well in the American Southwest, including Southern California and in desert-like climates. This is an important consideration given the unpredictability of rain seasons in Southern California and the greater Los Angeles area where the City of Palmdale is located.

The Afghan, or Eldarica, Pine is native to Afghanistan and central Asia. This is an excellent tree for deserts as it tolerates heat, wind and drought conditions, which are characteristic in the City of Palmdale. Afghan Pines also make valuable cover, nesting and breeding areas for upland game and songbirds. In winter, seeds and fruits of these trees can provide food for nonmigratory species.

The Pink Dawn Desert Willow is a small to medium sized tree that is ideally suited to most of the soils and climates of the American Southwest. It grows quickly and is drought-resistant, making it well suited to the City's desert climate.

The Chinese Pistache is a drought-tolerant ornamental tree that is heat and drought tolerant as well as relatively pest and fire resistant. It is also commonly used in xeriscape landscapes as a critical addition for wildlife given that the seeds provide food for small rodents and birds while the flowers provide food for insects.

The Deodor Cedar species is highly drought tolerant and pest-resistant. It also provides nesting sites, cover and food for mammals and birds such as the woodpecker.
d.3 What consideration, if any, was given to pollen production in the project plant palette? 55 938
Answer: Pollen production was considered, and flowering tree and shrub species were selected with the goal of minimizing detrimental impacts of pollen production on the health of sensitive populations. Selected species that produce more pollen will be planted, to the maximum extent possible, in vacancies located farther from individual homes.
d.4 How was the initial size selected for the planting area considered to ensure the best chance for survival and growth? Trees must not be larger than 15 gallon.

Answer: All new trees will be 15-gallon in size, in accordance with Natural Resources Agency requirements and widely recognized arboricultural research in order to ensure the best chance for successful establishment, survival, and growth. e Neighborhood, city, regional, or county parks and open space e.1 How many acres of green space/park will be created or enhanced? Answer: This project will enhance 12.8 acres of park space in the City's Sam Yellen park and approximately 59,124 square feet of green space in LMD 72 (39,410 sq. feet of landscape space and 19,714 sq. feet of basin area).
e.2 Describe any limits such as parking, hours of operation, available staffing, user fees, seasonal restrictions, or other ecological considerations.

Answer: LMD 72 is freely accessible to the public at all times and extends along two major thoroughfares. Ave. R-8 in particular is a transit route with future multi-modal amenities planned, including a bicycle trail, in addition to being an existing pedestrian route in the City. Sam Yellen Park is freely accessible to the public 7 days a week from 6 AM to 10 PM; this will continue to be the case following the proposed expansion. There are no user fees nor additional restrictions on any kind to access for project locations.
f Riparian Habitat
f.1 Describe how the project will protect, restore, enhance, or preserve riparian habitat using either common or scientific names to identify elements.

Answer:
f.2 If the project includes restoration or re-establishment of riparian habitat, explain plans to employ habitat management strategies designed to reduce mosquito production (e.g., Central Valley Joint Ventures Technical Guide to Best Practices at:

LINK FOUND HERE.).

Answer:
g Urban heat island mitigation and energy conservancy efforts through greening, including green roofs g.1 Describe what energy saving measures will be incorporated into the project. Energy saving measures may include, but are not limited to, constructing green roofs, planting trees to shade buildings, walkways and spaces, and converting asphalt to native plants and/or turf, or other permeable surfaces.

Answer:
g.2 Explain how the project will reduce GHG emissions by reducing energy demand and promoting resource efficiencies.

Answer:
h Multi-objective stormwater projects, including the construction of permeable surfaces and collection basins and barriers h.1 Describe generally the type of stormwater facilities in the proposal (e.g., rain gardens, planters, bioswales, green roof, etc...) Answer:
h.2 How will the project be designed to reduce mosquito and methane production? (see Central Valley Joint Ventures Technical Guide to Best Practices at:

LINK FOUND
HERE.).

Answer:
h.3 What is the estimated volume of Stormwater captured and treated? Explain your methodology.

Answer:
i Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate 56 939
change
i.1 How will the project specifically increase resilience to climate change? Answer:
i.2 What approach was used to determine said benefits?
Answer:
i.3 Identify the climate action plan applicable to the project.

Answer:
j Economic, social, and health benefits including, but not limited to, recreational opportunities, workforce education and training, contracting and job opportunities for disadvantaged communities
j.1 How will the project maximize access to workforce education, training, and quality jobs to residents of disadvantaged communities and individuals with barriers to employment?
Answer:
j.2 How will the project ensure supplier diversity and procure goods from local businesses, businesses located in disadvantaged communities, or minority or women-owned businesses?
Answer:
j.3 How will the project use state or local youth employment programs (e.g., California Conservation Corps, local conservation corps or similar youth employment programs) and how will youth employment elements be integrated into the program? Answer:
j.4 Using the list below, indicate which of the following apply to the project and explain how the selected benefits will be achieved- Improved mental health (e.g., social networking, overall well-being) Increased physical activity (effects on obesity, diabetes, heart disease, etc.) Reduced risk for skin cancers
Increased access to locally grown/sustainable food sources Increased access to natural environments, parks, open space, etc.

Other co-benefits to public health (examples include reducing urban heat island effects, increasing safe active transportation - e.g., pedestrian walking and bicycling, and serving an area of high density population)
Answer:

Statutory and Program Priorities
Each applicant must answer the questions below, as applicable. For the purposes of this section, points will be awarded to the project in which either the disadvantaged community or low-income approach is applicable.
6 Describe how the project will accomplish TWO of the following:
a. Provides park or recreational benefits to a critically underserved community or disadvantaged community. b. Proposed by a critically underserved community or disadvantaged community. c. Develop partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to workforce education and training.
d. Uses interagency cooperation and integration.
e. Uses existing public lands and facilitates the use of public resources and investments, including schools.

Answer:
a. This project will provide park and recreational benefits to the disadvantaged community in which it is located by enhancing and expanding a community park and other right of way green spaces, consistent with program priorities. According to Department of Water Resources Disadvantaged Community Mapping Tool 57 940
(DAC Mapping Tool), the community that surrounds LMD 72, which is also directly north of Sam Yellen Park, has a median household income of $46,944.

Furthermore, per the State Parks Community Fact Finder Report for this project site, more than 800 residents live in poverty in the project area and there are 40 households without access to a car.

For these communities, especially for those households without access to a car, this project will improve a recreational opportunity that is accessible with a short walk or bike ride, depending on household location. With the addition of features such as a walking trail in Sam Yellen, these residents will be able to take advantage of these amenities closer to home. Similarly, the addition of new shade trees along LMD 72, which provides connection to multiple parks and schools, will enhance the walkability of this community by providing quality green spaces at a crossroads between residences, schools, parks, workplaces, and commercial centers. With the addition of 173 trees, and hundreds of grasses and shrubs throughout Sam Yellen Park & Ave. R-8 & 55th Street East (LMD 72), this community will also have improved access to greener spaces that provide relief from the urban heat island effect. Such improvements will make these spaces more welcoming and safely accessible in the region's hot summer months. c. This project was developed in partnership with the local community, including disadvantaged community residents, through an online survey, door-to-door canvassing, and onsite outreach to park users. Additionally , given LMD 72 and Sam Yellen's proximity to a number of schools the City will explore the potential for partnerships with these schools in the future and in implementation of the project. Students at nearby schools, for example, may be able to participate in tree and shrub plantings at the project site, which would serve as an opportunity for civic engagement for these students and for education as to the many benefits that trees offer to a community.

Additionally, as soon as the dog park area of Sam Yellen Park opened in June of 2017, a major goal for the Palmdale Department of Parks and Recreation was to enlist the help of the dog park users to be the eyes and ears of the park. Community members that stepped up became official City of Palmdale volunteers, along with their dogs, and were given the title of "PAWtrollers". We currently have five active "PAWtrollers" who do a wonderful job reporting to City staff any concerns regarding the dog park and Sam Yellen Park as a whole. These "PAWtrollers" also assist City staff with monthly dog park events by being on hand to pass out information and answer questions about the dog park, which represents an opportunity for workforce training.

Answer: The City has engaged residents to develop the design of this project in order to satisfy the needs and preference of the local community. The City gathered community input through an online survey, door-to-door canvassing and onsite outreach to park users, in addition to incorporating feedback from a past online survey. Through this outreach, residents expressed their desire for a number of improvements to Sam Yellen Park. Frequently occurring suggestions include requests for a walkway around the park, additional shade and seating, and more trees. All of these elements have been incorporated into the proposed project design and residents have expressed support for these improvements to Sam Yellen Park.

Furthermore, given that the project is located in a residential area with many families and in close proximity to numerous schools, the City has taken into consideration the community's urban forest canopy needs, with the goal of providing healthy active recreation and access to green spaces for families and young children. This has informed the inclusion of greening efforts for LMD 72 in the scope of this project, as LMD 72 serves as a pedestrian route crossroads between residences, schools, parks, workplaces, and commercial centers. 8 Discuss how the project has been identified as a priority by the local jurisdiction.

Answer: Enhancement of Sam Yellen Park along with greening of LMD 72 is a high priority project for the City in order to expand access to green spaces for 58 941
disadvantaged communities in eastside Palmdale. Development of Sam Yellen Park has been in progress since 2006. Since completion of Sam Yellen Park Phase I in 2017, the City has continually made it a priority to pursue funding to enhance Phase I with additionally greenery in order to make the park more accessible and welcoming for all users. The City has actively pursued funding for Sam Yellen Park through a number of state and federal grant programs, including the 2019 Green Infrastructure Grant Program, the Statewide Park Program, and the Land and Water Conservation Fund.

Similarly, the City has dedicated funding for maintenance and improvement of LMD 72 through an assessment district fund. LMD 72 is made up of 219 parcels, with each parcel assessed $149.76. To date, the City has invested $47,520 into urban greening design for LMD 72 and has allocated an additional $50,000 as local matching funds for this Urban Greening project from the associated fund balance. 9 Describe efforts by the local jurisdiction to provide resources for project implementation. If resources have not been provided, please explain.

Answer: Since completion of Sam Yellen Park Phase I in 2017, the City has devoted significant staff resources to pursuing funding for the greening and enhancement of the park. This includes staff time for the development of competitive grant proposals, as well as retaining the services of a grant writing firm that has assisted with the pursuit of necessary funding for this project.

Since 2006, the City has invested $6,788,623 million for implementation of Phase I of the Sam Yellen Development project. These previously invested funds came from City Park Fees, Measure R revenues, and support from the Land and Water Conservation Fund. Once complete, the City will cover all maintenance expenses for the project through the City's dedicated funding for park maintenance. The City will also leverage landscape maintenance district funding for the ongoing maintenance of the improvements to LMD 72. Aside from funding available for on-going maintenance, the City has invested $47,520 into urban greening design for LMD 72 and has allocated an additional $50,000 as local matching funds for this Urban Greening project from the associated fund balance. 10 How does the project incorporate participation of local agencies, businesses, nonprofits, non-governmental organizations and citizens' groups in project planning, design, or implementation?

Answer: Given LMD 72 and Sam Yellen's proximity to a number of schools the City will explore opportunities for these schools to participate in future and in implementation of the project through its Volunteer Service Coordination Office. Students at nearby schools, for example, may be able to participate in tree and shrub plantings at the project site, which would serve as an opportunity for civic engagement for these students and for education as to the many benefits that trees offer to a community.

Additionally, ensuring safety of the dog park area of Sam Yellen Park with the collaboration of local community groups has been a top priority for the Palmdale Department of Parks and Recreation since the park opened in June of 2017. Community members that stepped up to participate became official City of Palmdale volunteers, along with their dogs, and were given the title of "PAWtrollers". We currently have five active "PAWtrollers" who do a wonderful job reporting to City staff any concerns regarding the dog park and Sam Yellen Park as a whole. These "PAWtrollers" also assist City staff with monthly dog park events by being on hand to pass out information and answer questions about the dog park. The City will continue to engage with these community members upon implementation of this project.

The dog park has also received support from several Community Partners, including Target, Pets mart, and Starbucks, Trader Joe's and Home Depot. The local Target has brought out their famous Target Dog to events for a photo-ops and has donated dog related supplies to events. The local Pets Mart has provided dog- related items such as dog beds and gift cards to local events. Our local Starbucks has donated coffee for the community members and whipped cream and cups to provide "Puppuccinos" for the dogs. Most recently, Trader Joes donated several pet-related items from their store for a community event. Home Depot provided one of our "PAWtrollers" with a Home Depot gift card to purchase supplies to build agility equipment for the dog park. Moving forward with this project, the City will continue to engage with these local business partners to identify additional opportunities for participation in project implementation. 11 Identify how the project will expand acreage and/or access to open space in the critically underserved, disadvantaged, or low-income community? Answer: This project will improve access and usability of Sam Yellen park and LMD 72 (specifically, the right-of-way at Ave. R-8 and 55th Street East), which serve a low- income community in eastside Palmdale, by significantly expanding the urban forest in these areas, which will make these sites more welcoming and usable at all times of the year despite the City's challenging Mojave Desert climate. Planting 81 trees and 1074 shrubs throughout LMD 72 and 91 additional trees in Sam Yellen Park will represent a significant expansion of the community's urban canopy, providing much-needed shade that will make these areas more accessible 59 942
and relief from urban heat island effect, which is an environmental impact that has been demonstrated to disproportionately impact disadvantaged communities.

Further, the project will preserve 66 existing mature trees, which will maximize carbon sequestration benefits given that large healthy trees provide the greatest per-tree pollution removal benefits. Grant funds will enable the City to implement non-invasive trenching methods that will protect tree root system during implementation of this Urban Greening project. Low impact excavation methods within the critical root protection zones, such as air spading, shall be utilized during trenching for new irrigation system to protect root systems. The sandy nature of the soil profile will be conducive to balancing effective irrigation system trenching and tree protection.

In total, this project will enhance 12.8 acres of existing park space in the City's Sam Yellen park and approximately 59,124 square feet of green space in LMD 72 (39,410 sq. feet of landscape space and 19,714 sq. feet of basin area); this amounts to 1.3573 acres of public right of way at LMD 72.

Disadvantaged and Low-Income Communities
For the purposes of this section, points will be awarded to projects in which the disadvantaged and/or low-income community approaches are applicable. 12 Identify where the project will be located in relationship to the disadvantaged and/or low income census tract by providing geographical location information. (See Appendix E in the guidelines for the disadvantaged and low-income community criteria) Answer: This project is located in and will directly benefit a low-income community as identified by the Department of Water Resources Disadvantaged Community Mapping Tool (DAC Mapping Tool). Per the DAC Mapping Tool, the community that encompasses LMD 72, which is also directly north of Sam Yellen Park, has a median household income of $46,944. Furthermore, per the State Parks Community Fact Finder Report for this project site, more than 800 residents live in poverty in the project area and there are 40 households without access to a car.

This project will directly benefit the low-income communities described by enhancing and expanding the urban forest at a community park and other public right of way space, consistent with program priorities. For these communities, especially for those households without access to a car, this project will improve a recreational opportunity that is accessible with a short walk or bike ride, depending on household location. With the addition of features such as a walking trail in Sam Yellen, these residents will have increased access to important active recreation amenities closer to home. Similarly, the addition of new shade trees along Ave. R-8 & 55th Street East (LMD 72), which provides connection to multiple parks and schools, will enhance the walkability of this community. With the addition of 173 trees, and over 1000 of grasses and shrubs throughout Ave. R-8 & 55th Street East and Sam Yellen Park, this community will benefit from improved canopy cover and green spaces that provide relief from the urban heat island effect. Such improvements will make these spaces more welcoming and safely accessible in the region's hot summer months.
13 Describe how the applicant or partnering community-based organizations made efforts to meet with and involve disadvantaged or low-income community residents about the project prior to the proposal deadline.

Answer: In addition to previously completed community engagement efforts for this project, City staff conducted door-to-door outreach in the community adjacent to this project (while still following social distancing protocols). Through this effort, City staff reached out to all 219 homes within LMD 72 and connected with 40 residents who opened their doors, providing these residents with information about the proposed project and soliciting resident comments.

Additionally, the City solicited community feedback for this project via an online survey that was available from July 1 to July 10, 2020.The survey was distributed and publicized via the City newsletter, social media platforms, and City website. A total of 15 residents from the community surrounding this project responded to the survey and expressed their support for the project. All survey respondents indicated that they consider urban green spaces to be 'very essential,' tree shade to be 'very important,' and 73% of respondents indicated that they feel a major need for more trees, plants, and shrubs in their neighborhood. All respondents also expressed a willingness to show support for this Urban Greening grant application as a benefit to their neighborhood and to Sam Yellen Park. Finally, all respondents expressed that quality green spaces such as the ones proposed in this application offer extensive community benefits, including benefits for human health, quality of life, air quality, and stronger social connections. 14 Discuss how the project addresses an important and meaningful community need. (See Appendix E for more information on identifying a meaningful community need.) Answer: In addition to the benefits described above, this project will help meet an unmet community need for recreational opportunities to address the prevalence of 60 943
obesity and improve health outcomes for an underserved community.

The community surrounding Sam Yellen Park and along Ave. R-8 & 55th Street East (LMD 72) is predominately Hispanic/Latino, and the City of Palmdale as a whole is characterized by above-average obesity rates. According to the US Census American Community Survey, 58.6% of population in Palmdale is Hispanic/Latino compared to 48.4% for Los Angeles County. According to the 2018 California Health Interview Survey and Southern California Association of Governments (SCAG), the obesity rate in the City of Palmdale was 30.6%, higher than the County rate of 28.2%, while physical activity rate in much lower in the City at 23.7% in comparison to the County at 39.2%. According to SCAG, "better accessibility to recreational open space and the development of more walkable communities enhance opportunities for physical exercise and thereby result in a reduction of obesity rates, along with the chronic diseases associated with physical inactivity."
Through the addition of a walking trail and other enhancements to a park that is located adjacent to an underserved community, as well as through the greening of Ave. R-8 & 55th Street East, this project will provide recreational opportunities that promote an active and healthy lifestyle. These opportunities in turn will help address the prevalence of obesity, particularly childhood obesity, and thus will contribute to addressing this critical public health concern.

Furthermore, Sam Yellen Park is also located adjacent to an elementary school where the majority of students come from socioeconomically disadvantaged households, and where students would benefit from accessed to improved recreational opportunities. For example, at Buena Vista Elementary School, which is located adjacent to Sam Yellen Park to the south, 601 of 687 students are classified as socioeconomically disadvantaged according to the school's School Accountability Report Card (SARC). For these students and their families, the majority of whom live in the surrounding community, the proposed enhancements to Sam Yellen Park will improve an important community resource.

Additionally, a 2015 study published in the Proceedings of the National Academy of Sciences of the United States found that exposure to green spaces can improve the mental development of young children; proximity to a park with expanded green spaces could thus help improve student outcomes at Buena Vista Elementary, and for other school children who visit Sam Yellen Park. A 2018 study on Urban Nature for Human Health and Well-Being, published by the US Department of Agriculture, further documented the health benefits of urban trees and green spaces for all age groups. Namely, the study highlighted the fact that, among other benefits, urban trees improve air and water quality, reduce urban heat, promote physical activity, strengthen general mental health and happiness, reduce stress, and can improve academic success.

Statewide Park Development and Community Revitalization Act 15 Was this project eligible to receive funding from the Statewide Park Development and Community Revitalization Act of 2008? Answer: Yes; this project was not submitted but would have been eligible for funding from the Statewide Park Development and Community Revitalization Act of 2008.

Additional Project Characteristics
16 Explain how the project addresses environmental, social, economic, or public health issues or provide benefits not previously discussed? Answer: In addition to the project elements described in detail above, this project includes the addition of a new tot lot to complement the existing playground equipment, which will make Sam Yellen Park more welcoming and accessible for children of all ages, and will improve public health. Similarly, this project includes the addition of new stairs to access the existing multipurpose basin field, which will improve safe access to this area of the park. Additionally, stair climbing is widely recognized as an effective means of exercise, and the addition of stairs will serve as an added active recreation amenity.

The upgraded fertilizer injector system included in this project scope is needed at Sam Yellen Park to improve existing soil fertility and help promote existing and future green infrastructure, and to offer additional environmental benefits. Specifically, the fertilizer injector will benefit plant and soil health through mycorrhizal applications that will add beneficial soil born fungi, facilitating nutrient uptake. This upgraded system will also help ensure successful establishment of the 92 trees, shrubs, grasses, and other plants that are to be planted at Sam Yellen Park.

This project also includes installation of additional lighting for the dimly lit areas of Sam Yellen Park (to be paid for with match funds), which will significantly improve safety of the park. Currently, many areas of these park sections have insufficient lighting. Sam Yellen Park is open until 10 PM 7 days per week and evening hours are particularly popular times for visitors due to the fact that temperatures are significantly cooler and thus more amenable for outdoor activities in 61 944
the evening. As a result, current insufficient lighting poses a safety challenge for park users, which the additional lighting proposed in this application will help to amend.

Furthermore, this project will provide access to outdoor recreational activities, comply with American with Disabilities Act accessibility requirements, maximize citizen involvement, and provide additional benefits such as improved mental health and reduced urban heat island effects by enhancing the urban forest along an important pedestrian route and a major park in the City of Palmdale.

The benefits of trees in urban areas, and along streets in particular, are well-documented and these benefits will be extended to community members living in the neighborhoods adjacent to the project. Numerous studies, such as research from the University of Washington College of the Environment, have shown that trees can effectively reduce stress and that residents with nearby trees are more effective in coping with stressful major life issues. Planting trees in an area of the City that currently lacks sufficient tree coverage will extend these mental health benefits to more residents.

Additionally, streets and parks with abundant shade trees promote walking due to reduced temperatures, which make walking more comfortable in hot regions such as the Antelope Valley, and increased pedestrian safety, which encourages increased physical activity. Planting trees through this project will thus offer a co-benefit to public health by reducing urban heat island effects and increasing safe active transportation – pedestrian walking – in a highly frequented area.

Furthermore, by engaging and educating residents about the benefits of planting trees and how trees contribute to quality green spaces that can build stronger neighborhoods, social connections, and robust communities, this project represents a great opportunity for expanding urban forestry stewardship in the City. The project will engage volunteers in the planting and maintenance of tree stakes for the new trees that are at the heart of this project, which will foster improved relationships between people and trees in the City, ultimately resulting in stronger stewardship of the urban forest, and the environment more broadly, by the Palmdale community.
17 Describe how the project uses anti-displacement strategies.

Answer: The City does not anticipate displacement as a result of this project. The project will implement improvements to an existing City park that has already been developed and to an existing landscaped area that currently lacks sufficient green canopy and green understory. The project will directly benefit residents of the disadvantaged community in which it is located.
18 Describe the type of irrigation system included in the project.

Answer: The project scope includes installation of a new water conserving point source irrigation system along East Ave. R-8 & 55th Street East in LMD 72, which will ensure efficient use of water for this project in perpetuity. Sam Yellen's Park, with the exception of the sports field, also utilizes a point source irrigation system throughout. The City's Urban Grounds and Green Spaces team has demonstrated that point source irrigation systems can conserve upwards of 90% of water used by spray irrigation systems, which will contribute to the significant water savings expected through this project.

Project Readiness
19 Describe the status of the following items, including anticipated timing for completion of each:

Preliminary designs
Environmental documentation
Necessary permits and long-term operation and maintenance commitments and agreements For projects including an acquisition: detailed appraisal and/or comparable sales data; preliminary title report; negotiations with a willing seller.

Answer: • Preliminary designs:

The City has completed preliminary project design as included with this application and is working with its landscape architect to complete the final design (and engineering, for Sam Yellen Park).
• Environmental documentation:

The City has previously completed CEQA for the Sam Y
ellen Phase I enhancement portion of this project and will complete an update or a new document if necessary for the project. The City expects a Negative Declaration for the proposed enhancements to LMD 72. 62 945
• Necessary permits and long-term operation and maintenance commitments and agreements:

As part of final project planning, the City will obtain all necessary permits, which it anticipates will only be needed for installation of the proposed shade structures in Sam Yellen Park. For maintenance of the project once complete, the City has dedicated funding for park maintenance and for landscape maintenance districts.

As such, the City will be responsible for all ongoing maintenance of this project. • For projects including an acquisition: detailed appraisal and/or comparable sales data; preliminary title report; negotiations with a willing seller This question is not applicable because the project does not include any acquisitions. 20 List all other sources of funding and amounts already committed to the project and expected timing of funds.

Answer: The City does not have additional secured funding for this enhancement project. However, since 2006, the City has invested $6,788,623 million for implementation of Phase I of the Sam Yellen Development project, which this project will directly enhance. These previously invested funds came from City Park Fees, Measure R revenues, and support from the Land and Water Conservation Fund. Once complete, the City will cover all maintenance expenses for the project through the City's dedicated funding for park maintenance. The City will also leverage landscape maintenance district funding for the ongoing maintenance of the improvements to LMD 72. LMD 72 is made up of 219 parcels, with each parcel assessed $149.76 annually. Aside from funding available for on-going maintenance, the City has invested $47,520 into urban greening design for LMD 72 and has allocated an additional $50,000 as local matching funds for this Urban Greening project from the associated fund balance. Furthermore, the City will leverage $240,340 in matching funds from a Drainage Fund for the district watershed in which the project is located, which will cover the costs of athletic equipment and a portion of the landscaping enhancements (lighting, boulders) to Sam Yellen Park. These funding commitments from the City are included in the proposed project cost estimate. In total, the City is committing $337,860 in local funding for this project.
21 If funding is not received from other sources, is the requested grant amount sufficient to complete the project? Answer: Yes, the requested funds would be sufficient to cover all project costs 22 List the legal owners for each parcel within the project footprint and the status of notifications, negotiations, agreements, etc. to implement the project.

Answer: The City of Palmdale is the sole owner of Sam Yellen Park and all parcels within the scope of this project for LMD 72. 23 List all entities with jurisdiction over the project and the status of notifications, agreements, meetings, etc.

Answer: The City of Palmdale has sole jurisdiction over Sam Yellen Park and all parcels within the scope of this project for LMD 72.

Organizational Capacity
24 Describe your organization's experience in completing this type of project?

Answer: The City of Palmdale is a fiscally responsible entity that will be able to carry out the project on a reimbursement-only basis. The City receives revenue from a wide variety of sources, and to ensure that the revenue is spent properly, separate accounting funds are established to record the revenue and expenditures.

These funds include the General Fund, Special Revenue Funds, Housing Authority, Palmdale Civic Authority, and Palmdale Financing Authority funds. The City has maintained a very strong available general fund reserve, supported by the City's strong management team and financial policies and practices, and has maintained a Long- term Issuer Credit Rating of Aa3 from Moody's Investor Services and an increase to AA- from A+ from Standard and Poor's Rating Services.

The City also has a healthy reserve fund, and as the project moves forward, the City's Finance Division will oversee all fiscal activity related to the project.

The Finance Division is responsible for providing financial expertise and guidance to the City Council and City Departments, managing the City's daily financial operations, and maintaining the financial integrity of the City. The Finance Division provides revenue administration, budget control, payroll services, purchasing, administration of the City's outstanding debt obligations, and acts in a fiduciary capacity for five assessment districts, five community facilities districts, Successor Agency of the former Community Redevelopment Agency and the Palmdale Community Foundation. The division also assists the City Manager in preparation of the Annual Budget, invests City funds for both short and long-term purposes, and provides cash management for the City. 25 Identify the project's fiscal sponsor and explain their role, if applicable. 63 946
Answer: This question is not applicable as the project will not have a fiscal sponsor. 26 Describe all past state grants from other agencies including the project name and year.

Answer: The City of Palmdale has extensive experience managing grant-funded projects. Ongoing active grants at the City of Palmdale include: Environmental Enhancement and Mitigation Grant (2019) for the Avenue S Enhancement Project funded by the Natural Resources Agency; Public Safety Power Shutoff Grant funded by CalOES (2020); Food Waste Prevention and Rescue Grant funded by CalRecycle (2019); High Speed Rail Station Planning & Administrative Reimbursement Grant; Avenue R Complete Streets - Active Transportation Project (ATP) Grant; Active Transportation Project (ATP) Planning Grant; Civic Center Project – Active Transportation Project (ATP) Grant; Oil Recycle Grant; Beverage Recycle Grant; Household Hazardous Waste Recycle Grant; the California Department of Justice Tobacco Grant Program; Measure R Grant Funded projects; Prop C Grant funded projects; SCAG Funded General Plan Update; Edward Byrne Memorial (JAG) Grant Projects; Ave Q Feasibility Study Grants funded by SCAG; and miscellaneous federal grant funded projects related to street and pedestrian safety improvements.

Templates for the other attachments can be found on the Urban Greening Website.

Certification And Submission Statement
Please read before signing and submitting application.

I certify under penalty of perjury:

The information entered on behalf of Applicant Organization is true and complete to the best of my knowledge; I am an employee of or a consultant for the Applicant Organization authorized to submit the application on behalf of the Applicant Organization; and I understand that any false, incomplete or incorrect statements may result in the disqualification of this application.

By signing this application, I waive any and all rights to privacy and confidentiality of the proposal on behalf of the applicant, to the extent provided in this RFP.

Submission By: Townsend1 Submitter Initials: Submission Date:
© 2020 State of California. Conditions of Use | Contact Us | Privacy Policy 64 947

PEARL PARK

PROJECT
Project Number: XS-30-057

PROJECT DETAILS
The City of Fullerton has applied for $1.57
million from the Statewide Park Program to
complete the Pearl Park Project.

The Pearl Park Project will establish a new
park in the City’s Garnet Neighborhood, a
densely populated six block predominantly low-
income Latino community. The project scope
includes acquisition of 0.41 acres from 33
owner interests to create the new park. Major
recreation amenities that will be added include:
• New playground
• Walking path
• Climbing mounds
• Picnic area with barbeques
• New basketball half-court
• New fencing, lighting, and water-efficient
landscaping

COMMUNITY SNAPSHOT
Population (1/2
-
mile radius):

Median Household Income:
12,643
$56,589
Residents Below Poverty Line:

Park Acres per 1000 Residents:
2,473

0.00 California Department of
Parks and Recreation
1416 Ninth Street
Sacramento, CA 95814
Sedrick Mitchell
Deputy Director, External Affairs
916-653-8380
[email protected]
The City of Fullerton would appreciate any additional advocacy for our application >>>>>>>>>>>>>>>>>>>>>>> For additional information, please contact Sean McReynolds at 949-399-9050 or [email protected] ATTACHMENT 9:

FULLERTON PEARL

PARK ONE-PAGER
65 948

PROFESSIONAL SERVICES AGREEMENT
[Legislative Advocacy and Grant Writing Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 22 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and TOWNSEND PUBLIC AFFAIRS, INC., a California corporation (“Contractor”), who agree as follows:

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

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

Aaron Schulze, Senior Assistant to the City Manager shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed NINETY-SIX THOUSAND DOLLARS and 00/100 ($96,000.00) without the prior written authorization of City.

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
949
2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

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

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

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

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

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

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

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
950
3 9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed a ssignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or designee.

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

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

12. Reserved.

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

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

15. Equal Employment Opportuni ty. During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in 951
4 conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 8710 3 of the Government Code. [Contractor further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporat ion employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

952
5 b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence ; or (2) a ll the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

Orange City CouncilOctober 11, 2022

Orange City Council
October 11, 2022