Cities Index.
Agenda packet

Orange City Council
January 10, 2023

Document
Agenda packet
Meeting
January 10, 2023
Body
Orange City Council
Pages
29
Original file
115.4 MB
Text extracted from the city's file for reading and search. Open the original on cityoforange.legistar.com. That file is the official record.

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 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 performed 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 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 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 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:
354
Attachment No. 1

Page 12 of 13 ends

(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 solely 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 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 received 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 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 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 355
Attachment No. 1

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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 contract, 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 hours per day at not less than 1 ½ times the basic rate of pay.
356
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 mail 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 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. 357
Attachment No. 2

Page 2 of 3 ends

(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 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 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 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. 358
Attachment No. 2

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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 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 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 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. 359
Agenda Item
City Council
Item #: 3.18. 1/10/2023 File #: 22-0680
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of furniture, fixtures, and site furnishings from Interior Office Solutions, Inc. dba People Space.

2. SUMMARY
Purchase of furniture, fixtures, and site furnishings for the Investigative Services Division of the Police Department through OMNIA Partners Contract No. 2020000606, with Interior Office Solutions, Inc. dba People Space for a total of $630,000.

3. RECOMMENDED ACTION

1. Approve the purchase of furniture from Interior Office Solutions, Inc. dba People Space in the amount of $630,000.

2. Authorize the City Manager to execute contracts related to the purchase and installation of furniture, fixtures and equipment from Interior Office Solutions, Inc. dba People Space.

3. Authorize the appropriation of $430,000 from AB3229/COPS Supplemental Law Enforcement Services (354) unreserved fund balance to expenditure account number 354.4011.55131.00000, AB3229/COPS Supplemental Law Enforcement Services - Furniture, Machinery, Equipment Additions.

4. FISCAL IMPACT
The total expenditure for this purchase is $630,000 and will be funded through:

General Fund (100) $200,000
COPS Supplemental Law Enforcement Services (354) 430,000 Total: $630,000

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

6. DISCUSSION AND BACKGROUND
During Fiscal Year 2021-2022 (FY22), the Police Department implemented a three-year plan to replace existing office furniture throughout the department beginning with the Investigative Services Division. The furniture project involves removal of existing furniture and cubicles, carpet replacement, City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.18. 1/10/2023 File #: 22-0680
Division. The furniture project involves removal of existing furniture and cubicles, carpet replacement, lighting, paint, design, new office furniture and cubicles, delivery, and installation. Based on previous furniture projects with the City, quality of work, and consideration of the City’s annual budget, staff pursued a proposal from Goforth and Marti (G/M) through Regional Cooperative Agreement (RCA) No. RCA-017-18010014, for the most cost-effective purchase price. Since March 2022, staff has been working with the project designer at G/M to finalize a floor plan. However, G/M has struggled to perform and has failed to provide a final proposal, resulting in further delays. Due to time constraints, and in an effort to keep the project moving, staff agreed to pursue other vendors.

In October 2022, the Police Department, with the assistance of Public Works, requested a proposal for interior design services from Interior Office Solutions, Inc. dba People Space. People Space is located in Irvine, CA and currently maintains an OMNIA Partners, Contract No. 2020000606 for furniture and furnishings through Haworth. Included in the OMNIA contract are special pricing incentives beyond the standard discount which is based on volume. Based on an preliminary quote, the most cost-effective purchase price can be obtained through OMNIA Partners Contract No. 2020000606, with People Space for a total amount of $630,000.

During the initial site visit, it was determined that the layout would remain the same to connect the building’s main power supply to the electrical system contained within the panels of cubicles. A cubicle office configuration is ideal and cost efficient for an open office floor plan. A critical element of this project is the addition of height adjustable desks designed to shorten the amount of time spent sitting down during the workday. Other ergonomic features include accessible power access, monitor arms, and adequate storage.

Due to existing building conditions, extra work is needed to refresh interior paint and replace existing carpet that has far exceeded its useful life. With the assistance of Public Works Facilities, staff will refresh the paint as needed and outsource carpeting services to Commercial Interior Resources through OMNIA Contract No. 2020002149. The approval for this purchase was included in a separate staff report on the October 11, 2022 council meeting.

During FY22, the City Council authorized $100,000, previously slated for salary savings, for each fiscal year through June 30, 2024. Funding in the amount of $200,000 is currently budgeted in General Fund (100) and available for the purchase of office furniture. However, funds available in General Fund (100) are insufficient and will require an appropriation of $430,000 from the COPS Supplemental Law Enforcement Services unreserved fund balance to complete the purchase of furniture.

The Police Department recommends the purchase of furniture in the amount of $630,000. The manufacturing and assembly of the new cubicles, workstations, and office furniture will take approximately 8 weeks to complete.

7. ATTACHMENTS
· OMNIA Partners Contract No. 2020000606
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.18. 1/10/2023 File #: 22-0680
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of furniture, fixtures, and site furnishings from Interior Office Solutions, Inc. dba People Space.

2. SUMMARY
Purchase of furniture, fixtures, and site furnishings for the Investigative Services Division of the Police Department through OMNIA Partners Contract No. 2020000606, with Interior Office Solutions, Inc. dba People Space for a total of $630,000.

3. RECOMMENDED ACTION

1. Approve the purchase of furniture from Interior Office Solutions, Inc. dba People Space in the amount of $630,000.

2. Authorize the City Manager to execute contracts related to the purchase and installation of furniture, fixtures and equipment from Interior Office Solutions, Inc. dba People Space.

3. Authorize the appropriation of $430,000 from AB3229/COPS Supplemental Law Enforcement Services (354) unreserved fund balance to expenditure account number 354.4011.55131.00000, AB3229/COPS Supplemental Law Enforcement Services - Furniture, Machinery, Equipment Additions.

4. FISCAL IMPACT
The total expenditure for this purchase is $630,000 and will be funded through:

General Fund (100) $200,000
COPS Supplemental Law Enforcement Services (354) 430,000 Total: $630,000

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

6. DISCUSSION AND BACKGROUND
During Fiscal Year 2021-2022 (FY22), the Police Department implemented a three-year plan to replace existing office furniture throughout the department beginning with the Investigative Services Division. The furniture project involves removal of existing furniture and cubicles, carpet replacement, City of Orange Page 1 of 2 Printed on 1/5/2023
powered by Legistar™362
Item #: 3.18. 1/10/2023 File #: 22-0680
Division. The furniture project involves removal of existing furniture and cubicles, carpet replacement, lighting, paint, design, new office furniture and cubicles, delivery, and installation. Based on previous furniture projects with the City, quality of work, and consideration of the City’s annual budget, staff pursued a proposal from Goforth and Marti (G/M) through Regional Cooperative Agreement (RCA) No. RCA-017-18010014, for the most cost-effective purchase price. Since March 2022, staff has been working with the project designer at G/M to finalize a floor plan. However, G/M has struggled to perform and has failed to provide a final proposal, resulting in further delays. Due to time constraints, and in an effort to keep the project moving, staff agreed to pursue other vendors.

In October 2022, the Police Department, with the assistance of Public Works, requested a proposal for interior design services from Interior Office Solutions, Inc. dba People Space. People Space is located in Irvine, CA and currently maintains an OMNIA Partners, Contract No. 2020000606 for furniture and furnishings through Haworth. Included in the OMNIA contract are special pricing incentives beyond the standard discount which is based on volume. Based on an preliminary quote, the most cost-effective purchase price can be obtained through OMNIA Partners Contract No. 2020000606, with People Space for a total amount of $630,000.

During the initial site visit, it was determined that the layout would remain the same to connect the building’s main power supply to the electrical system contained within the panels of cubicles. A cubicle office configuration is ideal and cost efficient for an open office floor plan. A critical element of this project is the addition of height adjustable desks designed to shorten the amount of time spent sitting down during the workday. Other ergonomic features include accessible power access, monitor arms, and adequate storage.

Due to existing building conditions, extra work is needed to refresh interior paint and replace existing carpet that has far exceeded its useful life. With the assistance of Public Works Facilities, staff will refresh the paint as needed and outsource carpeting services to Commercial Interior Resources through OMNIA Contract No. 2020002149. The approval for this purchase was included in a separate staff report on the October 11, 2022 council meeting.

During FY22, the City Council authorized $100,000, previously slated for salary savings, for each fiscal year through June 30, 2024. Funding in the amount of $200,000 is currently budgeted in General Fund (100) and available for the purchase of office furniture. However, funds available in General Fund (100) are insufficient and will require an appropriation of $430,000 from the COPS Supplemental Law Enforcement Services unreserved fund balance to complete the purchase of furniture.

The Police Department recommends the purchase of furniture in the amount of $630,000. The manufacturing and assembly of the new cubicles, workstations, and office furniture will take approximately 8 weeks to complete.

7. ATTACHMENTS
· OMNIA Partners Contract No. 2020000606
City of Orange Page 2 of 2 Printed on 1/5/2023
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OMNIA PARTNERS PROGRAM INFORMATION
General Information
▪ Details about the OMNIA Partners program are available at www.omniapartners.com; Public Sector; Search "Haworth"
▪ Agencies must be registered to participate in the program. There is no obligation to purchase and there are no fees to participate. Check web site to verify if an agency is a registered participant. ▪ Current pricing is available in Haworth Library, Government section, OMNIA Partners. ▪ OMNIA Partners contract number: 2020000606.

Contract Information:
▪ Start Date January 1, 2020.
▪ End Date December 31, 2024.
▪ Discounts are for product only.
▪ Discounts apply to May 2022 price list and are subject to change. ▪ For service prices such as design, installation, storage, etc. refer to Exhibit A – Pricing Sheet for the OMNIA Partners contract (last page of this document).

Price Agreement Information
Domestic (Continental United States)
80435 AA Multiple Award
81784 AA Sole Source Pricing
Overseas (Hawaii and Alaska)
80435 BB CIF Multiple Award
81784 BB CIF Sole Source Pricing
Haworth Contact Information
Tim Hodges, Government Sales and Marketing
Program Manager 616-834-1994
[email protected]
[email protected]
364

OMNIA PARTNERS MULTIPLE AWARD CONTRACT DISCOUNTS CUSTOMER COPY 80435 AA for orders shipping to continental U.S. locations, accessing North American price list Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
I
Regular Lead
Time
UniGroup,
PLACES,
UniGroup Too
Adaptable Components
$1-$100,000
$100,001 or More
71%
Negotiable
Rush** $1 or More 61%
II
Regular Lead
Time
PREMISE, Compose,
IF
$1-$100,000
$100,001 or More
68%
Negotiable
Rush** $1 or More 53%
III
Regular Lead
Time
Beside
X Series Casegoods
V Series Casegoods
$1-$50,000
$50,001 or More
63%
Negotiable
Rush** $1 or More 57%
IV
Regular Lead
Time
Monaco,
Improv
$1-$25,000
$25,001 or More
63%
Negotiable
V
Regular Lead
Time
X99 $1-$25,000
$25,001 or More
60%
Negotiable
Rush** $1 or More 54%
VI
Regular Lead
Time
Patterns
Reside Desking
Intuity,
Active
Components,Be_Hold
Storage
$1-$50,000
$50,001 or More
53%
Negotiable
Rush** $1 or More 41%
VII
Regular Lead
Time
Hello, ToDo,
Openest, Poppy™,
Riverbend™, Pebble™
Cabana Lounge
$1-$25,000
$25,001 or More
53%
Negotiable
Rush** $1 or More 41%
VIII
Regular Lead
Time
Masters Series
Suite
$1-$100,000
$100,001 or More
53%
Negotiable
Rush** $1 or More 41%
IX
Regular Lead
Time
Cassis, Candor $1-$25,000
$25,001 or More
55%
Negotiable
Rush** $1 or More 41%
X
Regular Lead
Time
Planes, Upside Compose Storage $1-$50,000
$50,001 or More
58%
Negotiable
Rush** $1 or More 55%
XI
Regular Lead
Time
Belong™ & Jumpstuff
Work Tools
$1-$10,000
$10,001 or More

48.75%
Negotiable
365
Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
XII
Regular Lead
Time
Haworth Collection-
Haworth
$1-$50,000
$50,001 or More
41%
Negotiable
XIII
Regular Lead
Time
Very
Very Task
Zody
$1-$25,000
$25,001 or More
55%
Negotiable
Rush** $1 or More 50%
XIV
Regular Lead
Time
Enclose
Walls Glass
$1-$100,000
$100,001 or More
55%
Negotiable
XV
Regular Lead
Time
Haworth Collection -
Poltrona Frau,
Cappellini, Cassina
Haworth Collection-
Pablo Designs
$1 or More 15%
XVI
Regular Lead
Time
Harbor Work Lounge $1
-$50,000
$50,001 or More
50%
Negotiable
XVII
Regular Lead
Time
Haworth Health
Environments, Atwell™
$1-$50,000
$50,001 or More

57.2%
Negotiable
XVIII
Regular Lead
Time
A Series $1
-$50,000
$50,001 or More
53%
Negotiable
XIX
Regular Lead
Time
Lively $1
-$25,000
$25,001 or More
60%
Negotiable
XX
Regular Lead
Time
Soji $1
-$25,000
$25,001 or More
50%
Negotiable
Rush** $1 or More 41.8%
XXI
Regular Lead
Time
Workware,
Technology Products
$1-$10,000
$10,001 or More
55%
Negotiable
XXII
Regular Lead
Time
Everyday Office (Hop,
Jump)
Jive, Swivel™
$1-$50,000
$50,001 or More
50%
Negotiable
Rush** $1 or More 45%
XXIII
Regular Lead
Time
Ergotron $1-$10,000
$10,001 or More

47.5%
Negotiable
XXIV
Regular Lead
Time
Fern $1
-25,000
$25,001 or More
50%
Negotiable
XXV
Regular Lead
Time
Cultivate $1
-$50,000
$50,001 or More
58%
Negotiable
XXVI
Regular Lead
Time
Haworth Collection-
JANUS et Cie
$1-$50,000
$50,001 or More
15%
Negotiable
XXVII
Regular Lead
Time
Haworth Collection-
GAN
$1 or More 10%
366
Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
XXVIII
Regular Lead
Time
BuzziSpace $1-$50,000
$50,001 or More
35%
Negotiable
XXIX
Regular Lead
Time
Maari $1-$25,000
$25,001 or More
54%
Negotiable
**Seller offers the above mentioned discounts on products included in this Agreement which are offered in Seller’s RUSH Programs. See the current price list(s) for a description of the products included in these programs.

A. Only the items stated within each product group may be combined on a single purchase order for purposes of attaining a higher discount tier and/or negotiable discount tier. DIFFERENT PRODUCT GROUPS OR LEAD TIMES MAY NOT be combined together for purposes of attaining the next pricing tier.

B. The applicable discount will be separately negotiated for new products or lead time programs introduced by Seller during the term of this Agreement. 367

OMNIA PARTNERS MULTIPLE AWARD CONTRACT DISCOUNTS CIF -

CUSTOMER COPY
80435 BB for orders shipping to Non-continental U.S. and overseas International locations, accessing North American price list Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
I
Regular Lead
Time
UniGroup
PLACES
UniGroup Too
Adaptable Components
$1-$100,000
$100,001 or More
68%
Negotiable
Rush** $1 or More 58%
II
Regular Lead
Time
PREMISE Compose,
IF
$1-$100,000
$100,001 or More
65%
Negotiable
Rush** $1 or More 50%
III
Regular Lead
Time
Beside
X Series Casegoods
V Series Casegoods
$1-$50,000
$50,001 or More
60%
Negotiable
Rush** $1 or More 54%
IV
Regular Lead
Time
Monaco,
Improv
$1-$25,000
$25,001 or More
60%
Negotiable
Rush** $1 or More 54%
V
Regular Lead
Time
X99 $1-$25,000
$25,001 or More
57%
Negotiable
Rush** $1 or More 51%
VI
Regular Lead
Time
Patterns
Reside Desking
Intuity,
Active
Components,Be_Hold
Storage
$1-$50,000
$50,001 or More
50%
Negotiable
Rush** $1 or More 38%
VII
Regular Lead
Time
Hello, ToDo,
Openest, Poppy™,
Riverbend™, Pebble™,
Cabana Lounge
$1-$25,000
$25,001 or More
50%
Negotiable
VIII
Regular Lead
Time
Masters Series, Suite $1-$100,000
$100,001 or More
50%
Negotiable
Rush** $1 or More 38%
IX
Regular Lead
Time
Cassis, Candor $1-$25,000
$25,001 or More
52%
Negotiable
Rush** $1 or More 38%
X
Regular Lead
Time
Planes,Upside Compose Storage $1-$50,000
$50,001 or More
55%
Negotiable
Rush** $1 or More 52%
XI
Regular Lead
Time
Belong™ & Jumpstuff
Work Tools
$1-$10,000
$10,001 or More

45.75%
Negotiable
XII
Regular Lead
Time
Haworth CollectionHaworth$1-$50,000
$50,001 or More
38%
Negotiable
XIII
Regular Lead
Time
Very
Very Task
Zody
$1-$25,000
$25,001 or More
52%
Negotiable
Rush** $1 or More 47%
368
Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
XIV
Regular Lead
Time
Enclose
Walls Glass
$1-$100,000
$100,001 or More
54%
Negotiable
XV
Regular Lead
Time
Haworth Collection -
Poltrona Frau,
Cappellini, Cassina
Haworth Collection –
Pablo Design
$1 or More 12%
XVI
Regular Lead
Time
Harbor Work Lounge $1-$50,000
$50,001 or More
47%
Negotiable
XVII
Regular Lead
Time
Haworth Health
Environments, Atwell™
$1-$50,000
$50,001 or More

54.2%
Negotiable
XVIII
Regular Lead
Time
A Series $1-$50,000
$50,001 or More
50%
Negotiable
XIX
Regular Lead
Time
Lively $1-$25,000
$25,001 or More
57%
Negotiable
XX
Regular Lead
Time
Soji $1-$25,000
$25,001 or More
47%
Negotiable
XXI
Regular Lead
Time
Workware,
Technology Products
$1-$10,000
$10,001 or More
52%
Negotiable
XXII
Regular Lead
Time
Everyday Office (Hop,
Jump)
Jive, Swivel™
$1-$50,000
$50,001 or More
47%
Negotiable
XXIII
Regular Lead
Time
Ergotron $1-$10,000
$10,001 or More

44.5%
Negotiable
XXIV
Regular Lead
Time
Fern $1-$25,000
$25,001 or More
47%
Negotiable
XXV
Regular Lead
Time
Cultivate $1-$50,000
$50,001 or More
55%
XXVI
Regular Lead
Time
Haworth CollectionJANUS et Cie$1-$50,000
$50,001 or More
12%
Negotiable
XXVII
Regular Lead
Time
Haworth CollectionGAN$1 or More 7%
XXVIII
Regular Lead
Time
BuzziSpace $1-$50,000
$50,001 or More
32%
Negotiable
XXIX
Regular Lead
Time
Maari $1-$25,000
$25,001 or More
51%
Negotiable
**Seller offers the above mentioned discounts on products included in this Agreement which are offered in Seller’s RUSH Programs. See the current price list(s) for a description of the products included in these programs.

A. Only the items stated within each product group may be combined on a single purchase order for purposes of attaining a higher discount tier and/or negotiable discount tier. DIFFERENT PRODUCT GROUPS OR LEAD TIMES MAY NOT be combined together for purposes of attaining the next pricing tier.

B. The applicable discount will be separately negotiated for new products or lead time programs introduced by Seller during the term of this Agreement. 369
HAWORTH - CONTRACT 2020000606

EXHIBIT A - PRICING SHEET

2. OPTION #1 - FIXED PERCENTAGE (%) DISCOUNT ON INSTALLATION SERVICES:

Percentages listed below are to be subtracted from the discounts for an individual product listed on the previous pages.

For example, the product only discount for Unigroup is listed as 71%. For Basic Installation – Normal Hours the discount would be 61%.

Basic Installation - Normal Hours 10%
Basic Installation - After Hours 15%
Expanded Installation - Normal Hours 18%
Expanded Installation - After Hours 27%
OPTION #2 - FIXED HOURLY RATE RANGE FOR INSTALLATION AND OTHER ADDITIONAL SERVICES AND SOLUTIONS:

Basic Installation - Normal Hours $28 - 36
Basic Installation - After Hours $39 - $54
Expanded Installation - Normal Hours $35 - $45
Expanded Installation - After Hours $52.5 - $67.5
Design $28 - $36
Project Management $35 - $45
Asset Management $18 - $28
Refurbishment $32 - $42
Subject to change based on geographic area, prevailing wage requirements and other factors.

3. FIXED MONTHLY RATE FOR STORAGE OPTIONS:

STANDARD FIXED MONTHLY RATE MONTHLY RATE /
FT2

MONTHLY RATE /
FT3
Negotiable per location $1.25 $1.95

4. PRICING INCENTIVES BEYOND THE STANDARD DISCOUNT:

DESCRIPTION

ADDITIONAL
PERCENTAGE (%)

DISCOUNT
Accessories & Technology (List Volume > $10,000) 1 - 4% Seating (List Volume >$25,000) 1 - 4%
Haworth Collection & Healthcare (List Volume > $50,000) 1 - 4% Storage and Tables (List Volume > $50,000) 1 - 4%
Systems (List Volume > $100,000) 1 - 4%
Walls and Wood (List Volume > $100,000) 1 - 4%
Haworth is offering low first tier pricing with negotiable discount ranges established, based on individual product list volume.

In addition, we will offer a Sole Source pricing option to any OMNIA participating agency that selects Haworth as its sole source provider within the terms of the OMNIA contract. This option will provide deeper discounts than the standard OMNIA contract and would require agencies to sign an agreement acknowledging Haworth as their single source provider.
370
Agenda Item
City Council
Item #: 3.19. 1/10/2023 File #: 22-0721
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of signage, traffic control devices, vehicle parts, and labor services for the Public Works Field Services Division.

2. SUMMARY
Authorize purchase orders in excess of the $30,000 per vendor purchasing limit with BC Traffic Specialists for signage and traffic control devices, Irv Seaver Motorcycles, Daniels Tire Service, Pete’s Road Service, Inc., Quinn Group Inc-Maintenance, Southern Counties Lubricants, DWWWVF, Inc. (Villa Ford), West Coast Batteries, and Western States Converters & Transmissions to support fleet maintenance, including specialized parts and services for emergency service vehicles.

3. RECOMMENDED ACTION

1. Approve purchase order for traffic control devices and signage with BC Traffic Specialists for $50,000.

2. Approve purchase order for parts and services with Irv Seaver Motorcycles for $60,000.

3. Approve purchase order for parts and services with Daniels Tire Service for $50,000.

4. Approve purchase order for parts and services with Pete’s Road Service, Inc. for $60,000.

5. Approve purchase order for parts and services with Quinn Group Inc-Maintenance for $60,000.

6. Approve purchase order for parts and services with Southern Counties Lubricants for $60,000.

7. Approve purchase order for parts and services with DWWWVF, Inc. for $60,000.

8. Approve purchase order for parts and services with West Coast Batteries for $40,000.

9. Approve purchase order for parts and services with Western States Converters & Transmissions for $60,000.

4. FISCAL IMPACT
The total expenditure for these purchases is $500,000 and will be funded through:

General Fund (100) $ 50,000
Equipment Expense (710) 450,000
City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.19. 1/10/2023 File #: 22-0721
Total: $500,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community
b. Provide and maintain infrastructure necessary to ensure the safety of the public Goal 4: Provide Outstanding Public Service
b. Provide facilities and services to meet customer expectations

6. DISCUSSION AND BACKGROUND
The Field Services Division of the Public Works Department uses the informal bid process and government pricing to purchase required materials. Staff requests bids from at least three independent vendors to ensure the City gets the best price in a timely manner.

The vendors detailed below provide some of the lowest prices and, as such, the City routinely spends over the $30,000 per year limit per vendor. To continue purchasing from these vendors when they offer the lowest bid, provide unique material and services, or meet timing deadlines in emergency situations, staff is requesting the City Council authorize the purchase orders, on an as-needed basis and for the amounts shown in the above recommended actions, for Fiscal Year 2022-23.

Council is also authorized to approve the procurement of certain materials, supplies, equipment, and services that are unique to only one vendor, pursuant to Section 3.08.290 of the Orange Municipal Code.

BC Traffic Specialists continuously provides different traffic control devices, and signs to meet the Field Services Division needs.

The Field Services Division purchases many different types of parts and outside services, which at times requires a unique provider for each. Irv Seaver Motorcycles provides special parts and services strictly for Police patrol motorcycles. Pete’s Road Service, Inc. provides both tires and 24-hour emergency roadside service for our large vehicles (i.e. fire apparatus). They also have the distinctive local ability to service larger Class 7 and 8 trucks, which, due to weight capacity limitations, cannot be accommodated by the City’s garage. Quinn Group Inc-Maintenance provides parts and repair services for our heavy diesel equipment and fire apparatus.

Daniels Tire Service, Southern Counties Lubricants, DWWWVF, West Coast Batteries, and Western States Converters & Transmissions provides general auto parts and services at the lowest cost compared to other vendors.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.19. 1/10/2023 File #: 22-0721
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of signage, traffic control devices, vehicle parts, and labor services for the Public Works Field Services Division.

2. SUMMARY
Authorize purchase orders in excess of the $30,000 per vendor purchasing limit with BC Traffic Specialists for signage and traffic control devices, Irv Seaver Motorcycles, Daniels Tire Service, Pete’s Road Service, Inc., Quinn Group Inc-Maintenance, Southern Counties Lubricants, DWWWVF, Inc. (Villa Ford), West Coast Batteries, and Western States Converters & Transmissions to support fleet maintenance, including specialized parts and services for emergency service vehicles.

3. RECOMMENDED ACTION

1. Approve purchase order for traffic control devices and signage with BC Traffic Specialists for $50,000.

2. Approve purchase order for parts and services with Irv Seaver Motorcycles for $60,000.

3. Approve purchase order for parts and services with Daniels Tire Service for $50,000.

4. Approve purchase order for parts and services with Pete’s Road Service, Inc. for $60,000.

5. Approve purchase order for parts and services with Quinn Group Inc-Maintenance for $60,000.

6. Approve purchase order for parts and services with Southern Counties Lubricants for $60,000.

7. Approve purchase order for parts and services with DWWWVF, Inc. for $60,000.

8. Approve purchase order for parts and services with West Coast Batteries for $40,000.

9. Approve purchase order for parts and services with Western States Converters & Transmissions for $60,000.

4. FISCAL IMPACT
The total expenditure for these purchases is $500,000 and will be funded through:

General Fund (100) $ 50,000
Equipment Expense (710) 450,000
City of Orange Page 1 of 2 Printed on 1/5/2023
powered by Legistar™373
Item #: 3.19. 1/10/2023 File #: 22-0721
Total: $500,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community
b. Provide and maintain infrastructure necessary to ensure the safety of the public Goal 4: Provide Outstanding Public Service
b. Provide facilities and services to meet customer expectations

6. DISCUSSION AND BACKGROUND
The Field Services Division of the Public Works Department uses the informal bid process and government pricing to purchase required materials. Staff requests bids from at least three independent vendors to ensure the City gets the best price in a timely manner.

The vendors detailed below provide some of the lowest prices and, as such, the City routinely spends over the $30,000 per year limit per vendor. To continue purchasing from these vendors when they offer the lowest bid, provide unique material and services, or meet timing deadlines in emergency situations, staff is requesting the City Council authorize the purchase orders, on an as-needed basis and for the amounts shown in the above recommended actions, for Fiscal Year 2022-23.

Council is also authorized to approve the procurement of certain materials, supplies, equipment, and services that are unique to only one vendor, pursuant to Section 3.08.290 of the Orange Municipal Code.

BC Traffic Specialists continuously provides different traffic control devices, and signs to meet the Field Services Division needs.

The Field Services Division purchases many different types of parts and outside services, which at times requires a unique provider for each. Irv Seaver Motorcycles provides special parts and services strictly for Police patrol motorcycles. Pete’s Road Service, Inc. provides both tires and 24-hour emergency roadside service for our large vehicles (i.e. fire apparatus). They also have the distinctive local ability to service larger Class 7 and 8 trucks, which, due to weight capacity limitations, cannot be accommodated by the City’s garage. Quinn Group Inc-Maintenance provides parts and repair services for our heavy diesel equipment and fire apparatus.

Daniels Tire Service, Southern Counties Lubricants, DWWWVF, West Coast Batteries, and Western States Converters & Transmissions provides general auto parts and services at the lowest cost compared to other vendors.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.20. 1/10/2023 File #: 22-0723
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

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

2. SUMMARY
Purchase and equip vehicles and equipment for various departments from National Auto Fleet Group.

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

3. RECOMMENDED ACTION
Approve the purchase of seven vehicles from National Auto Fleet Group for $316,839.

4. FISCAL IMPACT
The total expenditure for this purchase is $316,839 and will be funded through the Vehicle Replacement Fund (720).

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 Sourcewell as a standard for vehicle and equipment procurement. This purchase is a continuation of that policy.

Sourcewell contracts are nationally solicited, competitively bid, and awarded. National Auto Fleet was awarded contract No. 120716-NAF for Cars, Trucks, Vans, SUVs, and Other Vehicles. Through Sourcewell’s contract with National Auto Fleet Group, pricing discounts range from 1% to 25.86% across 15 manufacturers depending on the model. The average discount to the City for this purchase is 7.54% for a combined savings of $21,461. The seven vehicles that will be replaced will cost $316,839, and their descriptions are below.

Current
Vehicle
Replaced with New
2023 Vehicle
Each Unit %
Discount
Savings Department
Add to fleet Ford Escape $31,299 7.22 $2,211 Community
Development
Add to fleet Ford Escape $31299 722 $2211 Community
City of Orange Page 1 of 2 Printed on 1/4/2023
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Item #: 3.20. 1/10/2023 File #: 22-0723
Current
Vehicle
Replaced with New
2023 Vehicle
Each Unit %
Discount
Savings Department
Add to fleet Ford Escape $31,299 7.22 $2,211 Community
Development
Add to fleet Ford Escape $31,299 7.22 $2,211 Community
Development
Add to fleet Ford Escape $31,299 7.22 $2,211 Police
2001 Ford
Crown Vic
Ford Explorer Hybrid $53,431 8.76 $4,691 Police
1995 E250
Cargo Van
Ford F250
Commercial
Enforcement
$70,402 7.27 $4,550 Police
2002 Ford
Explorer
Ford Escape $31,299 7.22 $2,211 Public Works
1997 Ford
F250
F250 Utility $67,810 7.22 $3,376 Public Works
Totals $316,839 7.54 $21,461

7. ATTACHMENTS
· CPA bids are available for review in the Purchasing Division City of Orange Page 2 of 2 Printed on 1/4/2023
powered by Legistar™376
Agenda Item
City Council
Item #: 3.20. 1/10/2023 File #: 22-0723
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

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

2. SUMMARY
Purchase and equip vehicles and equipment for various departments from National Auto Fleet Group.

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

3. RECOMMENDED ACTION
Approve the purchase of seven vehicles from National Auto Fleet Group for $316,839.

4. FISCAL IMPACT
The total expenditure for this purchase is $316,839 and will be funded through the Vehicle Replacement Fund (720).

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 Sourcewell as a standard for vehicle and equipment procurement. This purchase is a continuation of that policy.

Sourcewell contracts are nationally solicited, competitively bid, and awarded. National Auto Fleet was awarded contract No. 120716-NAF for Cars, Trucks, Vans, SUVs, and Other Vehicles. Through Sourcewell’s contract with National Auto Fleet Group, pricing discounts range from 1% to 25.86% across 15 manufacturers depending on the model. The average discount to the City for this purchase is 7.54% for a combined savings of $21,461. The seven vehicles that will be replaced will cost $316,839, and their descriptions are below.

Current
Vehicle
Replaced with New
2023 Vehicle
Each Unit %
Discount
Savings Department
Add to fleet Ford Escape $31,299 7.22 $2,211 Community
Development
Add to fleet Ford Escape $31299 722 $2211 Community
City of Orange Page 1 of 2 Printed on 1/4/2023
powered by Legistar™377
Item #: 3.20. 1/10/2023 File #: 22-0723
Current
Vehicle
Replaced with New
2023 Vehicle
Each Unit %
Discount
Savings Department
Add to fleet Ford Escape $31,299 7.22 $2,211 Community
Development
Add to fleet Ford Escape $31,299 7.22 $2,211 Community
Development
Add to fleet Ford Escape $31,299 7.22 $2,211 Police
2001 Ford
Crown Vic
Ford Explorer Hybrid $53,431 8.76 $4,691 Police
1995 E250
Cargo Van
Ford F250
Commercial
Enforcement
$70,402 7.27 $4,550 Police
2002 Ford
Explorer
Ford Escape $31,299 7.22 $2,211 Public Works
1997 Ford
F250
F250 Utility $67,810 7.22 $3,376 Public Works
Totals $316,839 7.54 $21,461

7. ATTACHMENTS
· CPA bids are available for review in the Purchasing Division City of Orange Page 2 of 2 Printed on 1/4/2023
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Agenda Item
City Council
Item #: 3.21. 1/10/2023 File #: 22-0727
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize purchase of an uninterruptible power supply from Odyssey Power Corporation.

2. SUMMARY
Two Uninterruptible Power Supplies (UPS) power the Police Department’s dispatch communications area. These two UPS have aged out and require replacement which can now be accomplished with a single unit.

3. RECOMMENDED ACTION
Approve the purchase and installation of Toshiba 4400 UPS from Odyssey Power Corporation in the amount of $78,227.11.

4. FISCAL IMPACT
The total expenditure for this purchase is $78,227.11 and will be funded through UPS Replacements project (20413) in the Computer Replacement Fund (790).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

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

6. DISCUSSION AND BACKGROUND
An Uninterruptible Power Supply (UPS) provides for continuous uninterrupted power to the critical operational functioning for the Police Department’s dispatch center. An existing 24 kilovolt-ampere (kVA) Liebert UPS and 16kVA APC UPS have reached their end of life. These two UPS will be replaced with a single 20 kVA Toshiba UPS.

The consolidation to one UPS is due to many changes that have occurred to the equipment used for the dispatch area, and which no longer require the same electrical capacity. This work includes altering the electrical to accommodate the change from a two-UPS setup to a single-UPS setup, as well as to introduce a mechanical electrical by-pass for UPS servicing. The consolidation to a single smaller scale UPS is a cost effective and reliable solution.

Odyssey Power Corporation, located in Anaheim, has provided UPS and Generator hardware and maintenance services to the City since 2009. In 2018, Odyssey was awarded the contract to supply City of Orange Page 1 of 2 Printed on 1/5/2023 powered by Legistar™379
Item #: 3.21. 1/10/2023 File #: 22-0727
maintenance services to the City since 2009. In 2018, Odyssey was awarded the contract to supply preventative maintenance services through a competitive bid process. Staff are satisfied with their competency, quality of work, and familiarity with the City’s operating environment. As the City’s single source provider of UPS, as well as their proximity to the City of Orange allowing timely response to emergency maintenance issues, staff recommends continuance of Odyssey’s services to furnish and install the recommended Toshiba 4400 UPS.

7. ATTACHMENTS
· Odyssey quote OPCQ26827-01
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.21. 1/10/2023 File #: 22-0727
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize purchase of an uninterruptible power supply from Odyssey Power Corporation.

2. SUMMARY
Two Uninterruptible Power Supplies (UPS) power the Police Department’s dispatch communications area. These two UPS have aged out and require replacement which can now be accomplished with a single unit.

3. RECOMMENDED ACTION
Approve the purchase and installation of Toshiba 4400 UPS from Odyssey Power Corporation in the amount of $78,227.11.

4. FISCAL IMPACT
The total expenditure for this purchase is $78,227.11 and will be funded through UPS Replacements project (20413) in the Computer Replacement Fund (790).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

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

6. DISCUSSION AND BACKGROUND
An Uninterruptible Power Supply (UPS) provides for continuous uninterrupted power to the critical operational functioning for the Police Department’s dispatch center. An existing 24 kilovolt-ampere (kVA) Liebert UPS and 16kVA APC UPS have reached their end of life. These two UPS will be replaced with a single 20 kVA Toshiba UPS.

The consolidation to one UPS is due to many changes that have occurred to the equipment used for the dispatch area, and which no longer require the same electrical capacity. This work includes altering the electrical to accommodate the change from a two-UPS setup to a single-UPS setup, as well as to introduce a mechanical electrical by-pass for UPS servicing. The consolidation to a single smaller scale UPS is a cost effective and reliable solution.

Odyssey Power Corporation, located in Anaheim, has provided UPS and Generator hardware and maintenance services to the City since 2009. In 2018, Odyssey was awarded the contract to supply City of Orange Page 1 of 2 Printed on 1/5/2023 powered by Legistar™381
Item #: 3.21. 1/10/2023 File #: 22-0727
maintenance services to the City since 2009. In 2018, Odyssey was awarded the contract to supply preventative maintenance services through a competitive bid process. Staff are satisfied with their competency, quality of work, and familiarity with the City’s operating environment. As the City’s single source provider of UPS, as well as their proximity to the City of Orange allowing timely response to emergency maintenance issues, staff recommends continuance of Odyssey’s services to furnish and install the recommended Toshiba 4400 UPS.

7. ATTACHMENTS
· Odyssey quote OPCQ26827-01
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Agenda Item
City Council
Item #: 3.22. 1/10/2023 File #: 23-0011
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Participate in a one-time Public Provider Ground Emergency Medical Transportation (PP-GEMT) Intergovernmental Transfer (IGT) Program with the California Department of Health Care Services.

2. SUMMARY
A request for City Council approval to participate in a one-time Public Provider Ground Emergency Medical Transportation (PP-GEMT) Intergovernmental Transfer Program with the California Department of Health Care Services for the twelve-month period ending December 31, 2023, to access additional Federal Medicaid dollars to support unreimbursed care.

3. RECOMMENDED ACTION
Approve participation with the California Department of Health Care Services in the total amount of $1,114,313, plus a $111,431 assessment fee to be advanced quarterly to the California Department of Health Care Services for managing the PP-GEMT program, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
Total reimbursable funds of $1,225,744 will be advanced on a quarterly basis to obtain previously unreimbursed Medicaid revenue of approximately $2,596,565 in add-on payments, resulting in a net benefit of $1,370,821. Funds are available in the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly

6. DISCUSSION AND BACKGROUND
An Intergovernmental Transfer (IGT) allows California’s Medi-Cal Managed Care and Fee For Service plans to partner with local units of government to access additional federal Medicaid dollars and use them to support unreimbursed care and provide health care services. The City has participated in IGT programs for federal funds of unreimbursed care since 2014. In 2019, AB 1705 was signed into law creating the Public Provider Ground Emergency Medical Transportation (PPGEMT) program. PP-GEMT replaces both the SB523 Quality Assurance Fee (QAF) program which City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 3.22. 1/10/2023 File #: 23-0011
GEMT) program. PP-GEMT replaces both the SB523 Quality Assurance Fee (QAF) program which provided an add-on reimbursement, and the annual Ground Emergency Medical Transport (GEMT) program. Due to the increased reimbursement available with PP-GEMT, the City will have a higher rate of cost recovery compared to participation in the SB523 QAF and GEMT programs. PP-GEMT participation is voluntary: if there are not enough funds Statewide to fund the IGT to match federal funds, PP-GEMT will end and the City would revert to participating in the SB523 and annual GEMT programs.

The City indicated its voluntary participation in the program with the California Department of Health Care Services (DHCS) in the October 18, 2022 Letter of Intent. On a quarterly basis, DHCS will invoice the City and provide the corresponding reimbursement with the city’s original payment plus the IGT of additional Medicaid dollars.

Estimates for CY 2023 PP-GEMT reimbursements provided by the California Department of Health Care Services for Medi-Cal Managed Care and Fee For Service Plans are below:

CY 2023 Medi-Cal Managed Care
Total Projected Revenue $ 2,336,676
Requested IGT (1,025,470)
10% admin fee (102,547)
Managed Care Net Benefit $ 1,208,659
CY 2023 Medi-Cal Fee For Service
Total Projected Revenue $ 259,889
Requested IGT (88,843)
10% admin fee (8,884)
Fee For Service Net Benefit $ 162,162
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Item #: 3.22. 1/10/2023 File #: 23-0011
CY 2023 Medi-Cal Managed Care
Total Projected Revenue $ 2,336,676
Requested IGT (1,025,470)
10% admin fee (102,547)
Managed Care Net Benefit $ 1,208,659
CY 2023 Medi-Cal Fee For Service
Total Projected Revenue $ 259,889
Requested IGT (88,843)
10% admin fee (8,884)
Fee For Service Net Benefit $ 162,162

7. ATTACHMENTS
· Letter of Intent to DHCS
· DHCS Managed Care Estimated CY 2023 Net Benefit Calculation · DHCS PP-GEMT IGT Net Benefit email
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Agenda Item
City Council
Item #: 3.22. 1/10/2023 File #: 23-0011
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Participate in a one-time Public Provider Ground Emergency Medical Transportation (PP-GEMT) Intergovernmental Transfer (IGT) Program with the California Department of Health Care Services.

2. SUMMARY
A request for City Council approval to participate in a one-time Public Provider Ground Emergency Medical Transportation (PP-GEMT) Intergovernmental Transfer Program with the California Department of Health Care Services for the twelve-month period ending December 31, 2023, to access additional Federal Medicaid dollars to support unreimbursed care.

3. RECOMMENDED ACTION
Approve participation with the California Department of Health Care Services in the total amount of $1,114,313, plus a $111,431 assessment fee to be advanced quarterly to the California Department of Health Care Services for managing the PP-GEMT program, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
Total reimbursable funds of $1,225,744 will be advanced on a quarterly basis to obtain previously unreimbursed Medicaid revenue of approximately $2,596,565 in add-on payments, resulting in a net benefit of $1,370,821. Funds are available in the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly

6. DISCUSSION AND BACKGROUND
An Intergovernmental Transfer (IGT) allows California’s Medi-Cal Managed Care and Fee For Service plans to partner with local units of government to access additional federal Medicaid dollars and use them to support unreimbursed care and provide health care services. The City has participated in IGT programs for federal funds of unreimbursed care since 2014. In 2019, AB 1705 was signed into law creating the Public Provider Ground Emergency Medical Transportation (PPGEMT) program. PP-GEMT replaces both the SB523 Quality Assurance Fee (QAF) program which City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 3.22. 1/10/2023 File #: 23-0011
GEMT) program. PP-GEMT replaces both the SB523 Quality Assurance Fee (QAF) program which provided an add-on reimbursement, and the annual Ground Emergency Medical Transport (GEMT) program. Due to the increased reimbursement available with PP-GEMT, the City will have a higher rate of cost recovery compared to participation in the SB523 QAF and GEMT programs. PP-GEMT participation is voluntary: if there are not enough funds Statewide to fund the IGT to match federal funds, PP-GEMT will end and the City would revert to participating in the SB523 and annual GEMT programs.

The City indicated its voluntary participation in the program with the California Department of Health Care Services (DHCS) in the October 18, 2022 Letter of Intent. On a quarterly basis, DHCS will invoice the City and provide the corresponding reimbursement with the city’s original payment plus the IGT of additional Medicaid dollars.

Estimates for CY 2023 PP-GEMT reimbursements provided by the California Department of Health Care Services for Medi-Cal Managed Care and Fee For Service Plans are below:

CY 2023 Medi-Cal Managed Care
Total Projected Revenue $ 2,336,676
Requested IGT (1,025,470)
10% admin fee (102,547)
Managed Care Net Benefit $ 1,208,659
CY 2023 Medi-Cal Fee For Service
Total Projected Revenue $ 259,889
Requested IGT (88,843)
10% admin fee (8,884)
Fee For Service Net Benefit $ 162,162
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Item #: 3.22. 1/10/2023 File #: 23-0011
CY 2023 Medi-Cal Managed Care
Total Projected Revenue $ 2,336,676
Requested IGT (1,025,470)
10% admin fee (102,547)
Managed Care Net Benefit $ 1,208,659
CY 2023 Medi-Cal Fee For Service
Total Projected Revenue $ 259,889
Requested IGT (88,843)
10% admin fee (8,884)
Fee For Service Net Benefit $ 162,162

7. ATTACHMENTS
· Letter of Intent to DHCS
· DHCS Managed Care Estimated CY 2023 Net Benefit Calculation · DHCS PP-GEMT IGT Net Benefit email
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CITY OF ORANGE
ASSISTANT CITY MANAGER www.cityoforange.org PHONE: (714) 744-2230  FAX: (714) 744-2245 ORANGE CIVIC CENTER  300 E. CHAPMAN AVENUE  ORANGE, CA 92866-1591  P.O. BOX 449 October 18, 2022
Rafael Davtian
Division Chief
Capitated Rates Development Division
Department of Health Care Services
1501 Capitol Avenue, MS 4413
P.O. Box 997413
Sacramento, CA 95899-7413
Dear Mr. Davtian:

This letter confirms the intent of City of Orange, a governmental entity, Federal I.D. Number 95- 6000755, (Funding Entity) to work with the California Department of Health Care Services (DHCS) to participate in the Public Provider Ground Emergency Medical Transportation (GEMT) Intergovernmental Transfer (IGT) Program. Participation will include the Funding Entity providing an IGT in the amount of $1,135,419.99 payment to DHCS to be used for the non-federal share for the Public Provider GEMT IGT Program, for the service period of January 1, 2023 through December 31, 2023. This is a non-binding letter, stating our interest in helping to finance health improvements for Medi-Cal beneficiaries receiving services in our jurisdiction. The governmental entity’s funds are being provided voluntarily.

Below is a list of all NPI numbers associated with the Funding Entity mentioned above.  1922004555
City of Orange will contribute to the non-federal share of the Public Provider GEMT IGT Program add-on increase for Calendar Year 2023 (January 1, 2023 – December 31, 2023). We recognize that there will be an additional 10-percent fee payable to DHCS on the IGT amount, for the administrative costs of operating the Public Provider GEMT IGT Program.

The following individual from our organization will serve as the point of communication between our organization (as applicable) and DHCS, regarding our organization’s participation in the Public Provider GEMT IGT Program:

Katrin Bandhauer, Assistant Finance Director
714-744-2251
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
[email protected]
Michelle Kresan, Budget Manager
714-744-2236
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
[email protected]
393
Letter of Intent
October 18, 2022

Page 2 ends

*(3) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe.

I certify, to the best of my knowledge, that the Funding Entity, defined as the governmental entity that provides the non-federal share of funding (i.e. cities, counties, special districts), is an eligible provider.*
I attest that I am authorized to sign this certification on behalf of the Funding Entity and that the statements in this letter are true and correct.

Sincerely,
Will Kolbow
Assistant City Manager
cc: Susan Galvan, Assistant City Manager
Katrin Bandhauer, Assistant Finance Director
Sean de Metropolis, Fire Chief, Orange Fire Department
Robert Stefano, Deputy Fire Chief, Orange Fire Department 394
$ 2,336,676
$ 1,025,470
$ 1,311,206
$ 539.45
[A]
Provider
Revenue
=
[B]
Provider
Transports
X
[C]
Medi-Cal
Payment
(Estimated)
[A]
Provider Revenue =
[B]
Provider
Transports
X
[C]
Medi-Cal
Payment
(Estimated)
$ 1,941,696 1,823 $ 1,065.12 $ 394,979.81 608 $ 650.00
[D]
Requested IGT =
[B]
Provider
Transports
/
[E]
Total Transports
(Participating Providers)
X
[F]
Total NonFederal Share
$ 1,025,470 2,431 259,303 $ 109,397,828
[G]
Net Benefit
=
[A]
Provider
Revenue
- [D]
Requested IGT
$ 1,311,206 $ 2,336,676 $ 1,025,470
Definitions
Notes:
[C]: Medi-Cal Payment (Estimated) - Reflects the current CY 2023 fee schedule rate plus Add-on.

Managed Care Estimated CY 2023 Net Benefit Calculation
CY 2023 Net Benefit Summary
Total Projected Provider Revenue:

Total Requested IGT:

Total Projected Net Benefit:

Projected Net Benefit per Trip:
○ The projected transports are calculated at an aggregate level (i.e. across all providers). In order to inform provider-specific trips, hisorical encounter data from July 2020 through December 2021 was used to determine the portion of projected trips attibutable to participating providers. ○ All projections/estimates are for informational purposes and remain subject to change. ○ Split of Total Non-Federal Share between Non-Dual and Dual calculations assumes a 80/20 ratio. This assumption does not impact the 'Requested IGT ' nor the 'Net Benefit ' components of the calculation. ○ Split of trips between Non-Dual and Dual calculations assumes a 75/25 ratio. This is an aggregate assumption and may vary between regions and providers.

Purpose Statement: The primary function of this exhibit is to leverage annualized trip counts from Jul 2020 – Dec 2021 and the CY 2023 DRAFT non-federal share cost to show what the revenue, requested IGT, and net benefit will be in 2023 within managed care. The trip counts and breakout of Dual & Non-Dual are high-level assumptions for illustration purposes. In addition, the actual net benefit in 2023 will vary based on actual 2023 trip counts (payments) and Final CY 2023 rates/non-federal share.
• The base rate + add-on for A0225 is $61.72 higher than the other four (4) HCPCS Codes. However, for simplicitification, the other four (4) codes are leveraged in this calculation. Code A0225 makes up less than 1% of total trips.
• The dual amount represents the assumed Medi-Cal payment liability of the add-on in managed care above 80% of Medicare fee schedule. The amount receieved may be higher or lower than this amount and is dependent on code/region.
[D]: Requested IGT - Draft amount estimated to be collected - the projected transports divided by total transports of participating providers creates a percent share for provider. This percent is applied to the total non-federal share in managed care to determine IGT amount (excludes admin collection). [E] Total Transports (Participating Providers) - Total CY 2023 projected transports for participating providers. The trips include both beneficiaries with and without Medicare Part B. [F]: Total Non-Federal Share - Estimated CY 2023 Non-Federal Share of payments to managed care plans, as built into the managed care plans' rates. [G]: Net Benefit - Total estimated gain of estimated provider revenue net of the requested IGT amount. ○ This calculation applies to managed care ONLY and is draft/subject to change.

Non-Dual Net Benefit Calculation Dual Net Benefit Calculation Combined Non-Dual and Dual Calculation
[A]: Provider Revenue - Estimated total AB 1705 provider revenue based on projected CY 2023 trips multiplied by assumed Base Rate plus Add-on. [B]: Provider Transports - Total CY 2023 (provider-specific) projected transports. The trips are broken out into beneficiaries without Medicare Part B (Cell E12 ) and those with Medicare Part B (Cell K12 ). This projection leverages annualized provider trips seen in July 2020 through December 2021 data. An aggregate trend is applied to these trips to inform the counts shown above. 395
1 From: Bui, Tiffany@DHCS <[email protected]>
Sent: Friday, November 18, 2022 8:15 AM
To: Gelein, Teresa@DHCS; Bryan Johnson; Katrin Bandhauer; Elsa Chow; Heidi Lee Cc: Delis, Jesse@DHCS; Landry, Lina@DHCS; Geisen, Katie@DHCS; Brandt, Tyler@DHCS; Tamai, Michelle@DHCS; Kung, Serina@DHCS
Subject: RE: PP-GEMT IGT Net Benefit - City of Orange
Follow Up Flag: Follow up
Flag Status: Flagged
Good morning City of Orange,
Thank you for your patience. Please see additional details pertaining to Fee-For-Service (FFS) IGT amount and net benefit.

The PP-GEMT IGT Program consists of two (2) different delivery systems, Managed Care and Fee-For-Service (FFS). The LOI includes one collection figure, which is a combined MC and FFS IGT amount. Therefore, I can only speak to the FFS portion of those collection dollars and associated revenue.

In the Fee-For-Service (FFS) delivery system, the Intergovernmental Transfer (IGT) amount is calculated by using the following components:
o Total historical FFS trips across all public providers  This includes dual Medicare/Medi-Cal (Medi-Medi) Emergency Transports, which account for approximately 2.6% of all public provider transports o Total estimated non-federal share of PP-GEMT IGT expenditure anticipated to be paid to all FFS public providers, based upon projected GEMT utilization in CY 2023, and o The proportional share of FFS trips by providers that intend to contribute IGT in support of the program.

To help illustrate the process described above, we are providing FFS details pertaining to your specific data:

City of Orange estimated FFS Net Benefits for CY 2023 are as follows:
 Total Projected Fee-For-Service Net Benefit: $162,161.94  Projected Fee-For-Service Net Benefit per Trip: $664.60 For more specific information regarding City of Orange Fee-For-Service IGT Calculation, please see detail information listed below.

For NPI 1922004555, the estimated number of FFS trips in CY 2023 is 244, which was projected based on your CY 2021 FFS paid claims data. When 244 is divided by all participating FFS public provider trips (39,690 trips at the time of calculation), your provider’s proportional percentage of trips is 0.61%. This percentage is then applied to the estimated aggregate FFS non-federal share of $14.5 million, which yields an annual IGT collection 396
2 amount of $88,843.03. The above estimates are based upon available data at the time of your IGT calculation and may be subject to change.

Based on this information, City of Orange estimated FFS Net Benefits for CY 2023 calculation is as follows:
o Estimated number of FFS trips in CY 2023: 244
o Base reimbursement rate per transport: $118.20
 To simplify the illustration, base reimbursement is $118.20 per transport, which is the fee schedule rate for 4 of the 5 procedure codes (A0427, A0429, A0433, A0434) that are eligible for the PP-GEMT IGT add-on. The fifth procedure code (A0225) eligible for the PP-GEMT IGT add-on has a fee schedule rate of $179.92, so base reimbursement will likely be higher than estimated in this illustration.
o PP-GEMT IGT Add-On amount per transport: $946.92
o Estimated annual FFS IGT collection amount: $88,843.03 o 10 percent administrative fee for participating in PP-GEMT IGT: $8,884.30  Estimated base reimbursement for CY 2023: 244 x 118.20 = $28,840.80  Estimated reimbursement from the PP-GEMT IGT Add-On for CY 2023: 244 x 946.92 = $231,048.48
 Estimated total reimbursement for CY 2023: $28,840.80 + $231,048.48 = $259,889.28  Estimated net benefit: $259,889.28 - $88,843.03 - $8,884.30 = $162,161.94 o Net Benefit = Total Reimbursement – IGT – admin fee
Please note that the figures above are offered for illustrative purposes and the PP-GEMT IGT collection amount is subject to change depending on changes in provider participation.

If you have any additional questions regarding the program please do not hesitate to reach out.

Best Regards,
Tiffany Bui
Associate Governmental Program Analyst| Provider Rates Section – Unit A Fee for Service Rates Development Division
California Department of Health Care Services
1501 Capitol Ave, Sacramento, CA 95814
[email protected]
From: Gelein, Teresa@DHCS <[email protected]>
Sent: Friday, November 18, 2022 8:01 AM
To: [email protected]; [email protected]; [email protected]; [email protected] Cc: Delis, Jesse@DHCS <[email protected]>; Landry, Lina@DHCS <[email protected]>; Geisen, Katie@DHCS <[email protected]>; Brandt, Tyler@DHCS <[email protected]>; Bui, Tiffany@DHCS <[email protected]>; Tamai, Michelle@DHCS <[email protected]>; Kung, Serina@DHCS <[email protected]>
Subject: PP-GEMT IGT Net Benefit - City of Orange
Hello City of Orange,
397
3 As a follow up to Letter of Intent (LOI) distributions, the Managed Care (MC) team is providing you with your estimated MC CY 2023 net benefit for the PP-GEMT IGT Program. This estimated net benefit is a calculation is based off today’s level of assumed provider participation. We are providing these projections for informational purposes and caveat that figures are subject to change. As stated, projected revenue is specific to MC, thus it does not include the Fee-For-Service (FFS) net benefit. We have CC’d our FFS counterparts on this communication so they can speak to their revenue allowing you to budget your total estimated net benefit across both delivery systems.  Total Projected Managed Care Net Benefit: $1,311,206.00, which equates to the below,  Projected Managed Care Net Benefit per Trip: $539.45
The primary function of this information is to clarify how the annualized trip counts from Jul 2020 – Dec 2021 and the CY 2023 DRAFT non-federal share cost impact provider revenue, requested IGT, and the estimated CY 2023 net benefit within MC. This estimate leverages the current CY 2023 fee schedule rate plus Add-on and includes aggregate trend factors and assumptions in order to provide an estimated CY 2023 net benefit within managed care. The trips in scope include beneficiaries with and without Medicare Part B. This calculated benefit does not account for the 10% administrative fee, however you can subtract 10% of what you see on your LOI from both the MC and FFS net benefit.

Again, FFS will follow up separately with their estimated return. For the avoidance of doubt, we reiterate that the actual net benefit in CY 2023 will vary based on a number of factors including, but not limited to, actual 2023 trip counts and Final CY 2023 rates/non-federal share.

Please “Reply All” to this email if you have any questions.

Thank you,
Teresa Gelein
Capitated Rates Development Division (CRDD)
California Department of Health Care Services
Email: [email protected]
CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain information which is confidential, sensitive, privileged, proprietary or otherwise protected by law. The information is solely intended for the named recipients, other authorized individuals, or a person responsible for delivering it to the authorized recipients. If you are not an authorized recipient of this message, you are not permitted to read, print, retain, copy or disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by return e-mail and delete it from your e-mail inbox, including your deleted items folder.
398
Agenda Item
City Council
Item #: 3.23. 1/10/2023 File #: 22-0728
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Submittal of annual financial reports for development impact fees for Fiscal Year 2021-2022.

2. SUMMARY
In accordance with Section 66006 of California Government Code, the City is required to annually report on the status of Development Impact Fees, including the collection of revenue and expenditures of these funds. This report summarizes the required financial information for Fiscal Year 2021-2022. All reported funds are in compliance and no refunds are required.

3. RECOMMENDED ACTION
Receive and file the annual financial reports relating to Transportation System Improvement Program Fees, Park Infill Fees, Fire Protection Facility Fees, Police Facility Development Fees, and Library Facilities Development Fees.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The California Government Code Sections 66000 through 66006 contain certain procedural requirements that apply to the collection of development impact fees and the expenditure of these revenues. Section 66006 of the California Government Code specifies accountability and annual reporting requirements pertaining to development impact fees. SB 1693 modified this government code section as of January 1, 1997. The report must include a description of the fee type in the account, the amount of the fee, beginning and ending balances, fee and interest income, expenditures by improvement, a description of interfund loans or transfers, including purpose, interest rate and term, and any refunds. The report must also determine whether funds are available to construct improvements while also identifying construction dates for projects with adequate funding.

This report presents a review only of the development impact fee activity, by account, for the fiscal year. It does not include any recommendations for any fee changes. However, any fee changes that City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.23. 1/10/2023 File #: 22-0728
year. It does not include any recommendations for any fee changes. However, any fee changes that have occurred during the year have been incorporated into this report.

This report is analyzing unexpended revenues, i.e. fund balances, to determine if more than the prior five years of collections have been exceeded. If the analysis shows that the balance on hand exceeds five years of collections less costs of projects identified in the 5-year Capital Improvement Program (CIP) Budget, then per the California Government Code Section 66001 (d), the City is required to refund the “excess”.

The report must be made available within 180 days after the end of the current fiscal year and it must be reviewed at the next regularly scheduled public meeting, but not less than 15 days after the information becomes available.

All reported funds, which include fees for Transportation System Improvement Program, Park Infill, Fire Protection Facilities, Police Facilities Development, and Library Facilities Development, are in compliance and no refunds are required.

7. ATTACHMENTS
· Attachment A - Annual Report for Transportation System Improvement Program Fees · Attachment B - Annual Report for Park Infill Fees
· Attachment C - Annual Report for Fire Protection Facility Fees · Attachment D - Annual Report for Police Facility Development Fees · Attachment E - Annual Report for Library Facilities Development Fees City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.23. 1/10/2023 File #: 22-0728
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Submittal of annual financial reports for development impact fees for Fiscal Year 2021-2022.

2. SUMMARY
In accordance with Section 66006 of California Government Code, the City is required to annually report on the status of Development Impact Fees, including the collection of revenue and expenditures of these funds. This report summarizes the required financial information for Fiscal Year 2021-2022. All reported funds are in compliance and no refunds are required.

3. RECOMMENDED ACTION
Receive and file the annual financial reports relating to Transportation System Improvement Program Fees, Park Infill Fees, Fire Protection Facility Fees, Police Facility Development Fees, and Library Facilities Development Fees.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The California Government Code Sections 66000 through 66006 contain certain procedural requirements that apply to the collection of development impact fees and the expenditure of these revenues. Section 66006 of the California Government Code specifies accountability and annual reporting requirements pertaining to development impact fees. SB 1693 modified this government code section as of January 1, 1997. The report must include a description of the fee type in the account, the amount of the fee, beginning and ending balances, fee and interest income, expenditures by improvement, a description of interfund loans or transfers, including purpose, interest rate and term, and any refunds. The report must also determine whether funds are available to construct improvements while also identifying construction dates for projects with adequate funding.

This report presents a review only of the development impact fee activity, by account, for the fiscal year. It does not include any recommendations for any fee changes. However, any fee changes that City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.23. 1/10/2023 File #: 22-0728
year. It does not include any recommendations for any fee changes. However, any fee changes that have occurred during the year have been incorporated into this report.

This report is analyzing unexpended revenues, i.e. fund balances, to determine if more than the prior five years of collections have been exceeded. If the analysis shows that the balance on hand exceeds five years of collections less costs of projects identified in the 5-year Capital Improvement Program (CIP) Budget, then per the California Government Code Section 66001 (d), the City is required to refund the “excess”.

The report must be made available within 180 days after the end of the current fiscal year and it must be reviewed at the next regularly scheduled public meeting, but not less than 15 days after the information becomes available.

All reported funds, which include fees for Transportation System Improvement Program, Park Infill, Fire Protection Facilities, Police Facilities Development, and Library Facilities Development, are in compliance and no refunds are required.

7. ATTACHMENTS
· Attachment A - Annual Report for Transportation System Improvement Program Fees · Attachment B - Annual Report for Park Infill Fees
· Attachment C - Annual Report for Fire Protection Facility Fees · Attachment D - Annual Report for Police Facility Development Fees · Attachment E - Annual Report for Library Facilities Development Fees City of Orange Page 2 of 2 Printed on 1/5/2023
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Attachment A
I. Findings:

The fee provides for the construction of the traffic circulation system improvements identified by the City Council and made necessary by increased transportation demands in the City. In September 2020, the City consolidated three existing program areas to establish a single citywide fee. The relationship between the fee and the purpose for which it is charged is described in the 2020 TSIP fee study, with amendments, which is incorporated by reference herein. The City's 5-Year Capital Improvement Plan adopted in June 2020 identifies all sources of funding anticipated to complete financing of incomplete improvements and designates approximate dates on which the funding is expected to be deposited into the fund. Per the California Government Code Section 66001 (d), the City is required to refund the unexpended revenues that are more than the revenues collected in the prior five years less the projected expenditures of future projects. All the TSIP funds are in compliance and no refunds need to be made. All documents and amendments incorporated by reference herein are on file with the City Clerk's Office. The purpose and authorization to impose the fees are described in Orange Municipal Code Section 15.41.010.

II. TSIP Fee Schedule:

Fund 287
City-Wide TSIP
Fees:

Residential - Single-Family (per unit) $1,260.72
Residential - Apartments/Multi-Family (per unit) $867.88 Hotel/ Motel (per room/ per unit) $1,233.35
General Office (per sq. ft) $1.50
Medical Office (per sq. ft.) $5.24
Industrial (per sq. ft.) $0.81
Retail / Commercial (per sq. ft.) $4.02
Atypical Uses (per trip end-daily) $149.13
City of Orange
Annual Report for Transportation System Improvement Program (TSIP) Fees For The Year Ended June 30, 2022
403
Attachment A
III. Summary of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Budget Actual
Revenues and Transfers In
Interest on Investments 22,850 (132,761)
TSIP Fees 697,977 781,578
Sale of Real & Personal Property - -
Transfers from Other Funds (284, 285, 286 Fund Consolidation) - 5,134,067 Total Revenues 720,827 5,782,884
Expenditures and Transfers Out
G & A Overhead Allocation 20,736 20,736
TSIP Fee Study 8,722 -
13115 Pavement Management Program Survey (ongoing) 47,160 8,680 13120 Pavement Management Program (ongoing) 400,000 365,735 13228 Chapman/Tustin Critical Intersection (completed, some cost 5,871 12,014 items remaining)
16469 Traffic Signal Equipment Painting (ongoing) 59,851 - 20191 Main St Signal Synchronization (12/2023) 180,000 - 20351 Tustin & La Veta Traffic Signal Upgrade (12/2022) 107,410 759 20353 Chapman & Grand Left Turn Signal Modification (6/2024) 450,000 - 20354 Chapman & Cambridge Left Turn Signal Modification (6/2024) 425,000 - 20376 Garden Grove Blvd Signal Synchronization (9/2023) 7,000 - 20377 Katella/Struck Traffic Signal Modification (completed, some cost) 19,843 135 items remaining)
20380 Glassell Street Signal Network Extension (7/2024) 130,000 - 20381 Katella Signal Synchronization (9/2023) 250,000 - 20382 Katella Signal Network Extension (7/2023) 950,000 - 20383 Cannon & Serrano Intersectio Modification (12/2023) 231,207 4,480 20425 Tustin St Signal Synchronization (6/2025) 264,685 60,791 20458 Prospect & Spring Right Turn Lane Modification (12/2022) 1,114,399 1,002,154 30025 Tustin/Meats Ave Right Turn Lane (completed, some cost items 99,749 93,371 remaining)
30029 Glassell & Walnut Left Turn Signal Modification (completed) 9,676 - 30141 Glassell St Signal Synchronization (completed) 60,000 - 30162 Bus Stop Enhancements at Various Locations (12/2022) 9,830 - 30174 Cannon Street Widening (6/2023) 206,250 3,834
Total Expenditures 5,057,389 1,572,688
Net Increase(Decrease) 4,210,196
Beginning Fund Balance (542,870)
Ending Fund Balance $ 3,667,326
FY 2021-22
Fund 287
City-Wide TSIP
404
Attachment A
Projected future projects:

Estimated Expenditures
13115 Pavement Management Program Survey (ongoing) 38,480 13120 Pavement Management Program (ongoing) 34,265
16469 Traffic Signal Equipment Painting (ongoing) 59,851 20191 Main St Signal Synchronization (12/2023) 180,000
20351 Tustin & La Veta Traffic Signal Upgrade (12/2022) 126,651 20353 Chapman & Grand Left Turn Signal Modification (6/2024) 450,000 20354 Chapman & Cambridge Left Turn Signal Modification (6/2024) 425,000 20376 Garden Grove Blvd Signal Synchronization (9/2023) 7,000 20377 Katella/Struck Traffic Signal Modification (completed, some cost items remaining) 4,634 20380 Glassell Street Signal Network Extension (7/2024) 130,000 20381 Katella Signal Synchronization (9/2023) 250,000
20382 Katella Signal Network Extension (7/2023) 1,400,000 20383 Cannon & Serrano intersection Modification (12/2023) 226,727 20425 Tustin St Signal Synchronization (6/2025) 203,894 20458 Prospect & Spring Right Turn Lane (12/2022) 112,244 30162 Citywide Bus Stop Enhancements (12/2022) 9,830
30174 Cannon Street Widening (6/2023) 202,416
Total Estimated Expenditures $ 3,860,993
405
406
407
408
409
410
Attachment D
Annual Report for Police Facility Development Fees
For The Year Ended June 30, 2022
I. Findings:

The fee provides for the acquisition and development of the new police headquarters and improvements to existing Civic Center Facilities. The relationship between the fee and the purpose for which it is charged is described in the August 1989 Police Facility Fee Study, with amendments, which is incorporated herein by reference. The City's 5-Year Capital Improvement Plan adopted in June 2020 identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements and designates approximate dates on which the funding is expected to be deposited into the fund. Per the California Government Code Section 66001 (d), the City is required to refund the unexpended revenues that are more than the revenues collected in the prior five years less the projected expenditures of future projects. Fund 570 Police Facility Fees is in compliance and no refunds need to be made. All documents and amendments incorporated herein by reference are on file with at the City Clerk's Office. The purpose of this fee is described in Orange Municipal Code Section 3.13.060.

II. Police Facility Protection Fee Schedule:

Fund 570
POLICE
Fees:

Residential (Single Family/Multi-Family) $633.56/unit
Non-Residential $0.252/sq. ft.

City of Orange
411
Attachment D
III. Summary of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual FY 2021-22 FY 2021-22
Fund 570 Fund 570
Police Police
Budget Actual
Revenues and Transfers In
Interest on Investments 2,562 (23,368)
Police Facility Fees 163,553 144,947
Admin Fee 4,007 3,457
Total Revenues 170,122 125,037
Expenditures and Transfers Out
Repairs to Buildings & Fixed Equipment 20,000 9,689
20347 Enterprise Access System (6/2023) 45,000 -
20386 PD Rack Infrastructure Update (completed) 26,612 - 20483 Police Facility Improvements (ongoing) 300,000 -
Total Expenditures 391,612 9,689
Net Increase(Decrease) 115,347
Beginning Fund Balance 563,679
Ending Fund Balance 679,027
Projected future projects:

Estimated Expenditures
20347 Enterprise Access System (6/2023) 45,000
20483 Police Facility Improvements (ongoing) 300,000
Total Estimated Expenditures 345,000
412
Attachment E
I. Findings:
development within the City of Orange. The relationship between the fee and the purpose for which it is charged is described than the revenues collected in the prior five years less the projected expenditures of future projects. Fund 573 Library Facilities Fees is in compliance and no refunds need to be made. All documents and amendments incorporated herein by reference are on file with the City Clerk's Office. The purpose of this fee is described in Orange Municipal Code Section 3.50.010.

II. Library Facilities Fee Schedule:

Library Facilities Fees
Fees:

Residential $1,194/unit
Commercial $0.072/sq. ft.

III. Summary of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual FY 2021-22 FY 2021-22
Fund 573 Fund 573
Library Library
Budget Actual
Revenues and Transfers In
Interest on Investments 3,873 (31,636)
Library Impact Fees 216,430 137,740
Admin Fee 5,303 3,235
Total Revenues 225,606 109,340
Expenditures and Transfers Out
20347 Enterprise Access System (6/2023) 45,000 -
20358 Carpeting - Orange Public Library (project to be consolidated into 65,355 - 20461 Main Library Improvements in Fiscal Year 23)
20445 Study Room Soundproofing (project to be consolidated into 35,000 - 20461 Main Library Improvements in Fiscal Year 23)
20446 Children's Courtyard Rehabilitation Support (completed) 8,447 8,447 20461 Main Library Improvements (ongoing) 149,491 6,706 20462 Taft Library Improvements (ongoing) 214,532 58,205 20463 El Modena Library Improvements (ongoing) 155,844 434 30055 Painting - Library Buildings (project to be consolidated into 190,900 - 20461 Main Library Improvements in Fiscal Year 23)
30056 HVAC Replacement - Library (6/2026) 283,835 -
Total Expenditures 1,148,404 73,791
Net Increase(Decrease) 35,549
Beginning Fund Balance 888,205
Ending Fund Balance 923,753
Fund 573
City of Orange
Annual Report for Library Facilities Development Fees
For The Year Ended June 30, 2022
incomplete improvements and designates approximate dates on which the funding is expected to be deposited into the fund.

Per the California Government Code Section 66001 (d), the City is required to refund the unexpended revenues that are more The fee provides for new library facilities and other capital acquisition costs required, incrementally, by new residential Improvement Plan adopted in June 2020 identifies all sources and amounts of funding anticipated to complete financing of in the "City of Orange Library Impact Fee Study", dated April 2, 2003, prepared by Maximus, Inc. The City's 5-year Capital 413
Attachment E
Projected future projects:

Estimated Expenditures
20347 Enterprise Access System (6/2023) 45,000
20461 Main Library Facility Improvement (ongoing) 257,785 20462 Taft Library Facility Improvement (ongoing) 156,327 20463 El Modena Facility Improvement (ongoing) 155,410
30056 HVAC Replacement - Library (6/2026) 283,835
Total Estimated Expenditures 898,357
414
Agenda Item
City Council
Item #: 3.24. 1/10/2023 File #: 22-0729
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Audited Financial Statements and Related Financial Reports for the fiscal year ended June 30, 2022.

2. SUMMARY
Financial Reports and Statements provided by independent auditors as a result of the annual financial audit for the fiscal year ended June 30, 2022.

3. RECOMMENDED ACTION
Receive and file the following documents for the fiscal year ended June 30, 2022:

1. Annual Comprehensive Financial Report

2. Audit Communication Letter

3. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets

4. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Investment Portfolio

5. Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report

6. Independent Auditors’ Report on Internal Control Over Financial Reporting

7. Housing Successor Fund Financial Statements

8. Single Audit of Federally Assisted Grant Programs

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Lance, Soll, and Lunghard, LLP (LSL) provided audit services to the City for the fiscal year ended June 30, 2022. As an integral part of their audit, LSL considers the City’s internal controls over our financial reporting and, while they did not express an opinion, their conclusion was they did not identify any deficiencies in internal control considered to be material weaknesses.

During their quarterly meetings, the newly formed Investment and Audit Committee reviews the City’s financial transactions with LSL and our investment advisors, Chandler Asset Management. The City City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 3.24. 1/10/2023 File #: 22-0729
financial transactions with LSL and our investment advisors, Chandler Asset Management. The City Finance staff includes two staff with extensive audit experience. Throughout the year, the Finance Department assists in various audits from outside agencies which provide assurance both financial and operational controls and efficiencies are in place and are being followed. Staff believes oversight of our financial position and reporting requirements is being properly maintained.

LSL’s testing resulted in a “clean” audit opinion. This provides assurance the City’s financial transactions are accurately recorded and can be relied upon not only for proper reporting of past financial results in the City’s Fiscal Year (FY) 2022 Annual Comprehensive Financial Report (ACFR), but also on a go-forward basis as we craft the FY 2024 Budget. This is of utmost importance given the results reflected in the ACFR include fixed assets and restricted fund balances that are not readily available to staff for appropriation as budgeted expenditures for operating costs or Capital Improvement Projects.

LSL noted a finding for the City’s failure to submit its FY 2021 ACFR to the Electronic Municipal Market Access (EMMA) website by the deadline prescribed by the 2021 Taxable Pension Obligation Bonds (POB) Official Statement. This is reported in both the Single Audit of Federally Assisted Grant Programs and the Report on Internal Control over Financial Reporting. Staff agrees with this finding and, while this task is the responsibility of a third-party consultant, the City has developed a review mechanism to ensure the report is submitted by its annual deadline of March 31. Per the POB indenture, a failure by the City to comply with the provisions of the continuing disclosure requirement does not constitute an event of default.

The following Reports, Letter, and Statements are presented for fiscal year ended June 30, 2022:

1. Annual Comprehensive Financial Report (ACFR) - This report is divided into three major sections: the Introductory Section, the Financial Section and the Statistical Section. The Introductory Section includes a Letter of Transmittal. The Financial Section comprises the Audit Opinion, Management’s Discussion and Analysis, and the Basic Financial Statements. The Statistical Section provides important historical and trend information about the City. The Audit opinion is an “unqualified opinion”, which states that, in the auditor’s opinion, the basic financial statements of the City are presented fairly in all material respects and are in conformity with generally accepted accounting principles.

2. Audit Communication Letter - a report of recommendations made to management by the auditors to improve internal controls and/or operating efficiencies within the City.

3. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets - procedures performed solely to assist the City in meeting the requirements of Section 1.5 of the Article XIIIB of the California Constitution.

4. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Investment Portfolio - independent review of investment operations and compliance with the City’s investment policy.

5. Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report - audited financial statements in accordance with Generally Accepted Auditing Standards and the standards applicable to the financial audits contained in Government Auditing Standards.

6. Independent Auditors’ Report on Internal Control Over Financial Reporting - a report to City of Orange Page 2 of 3 Printed on 1/5/2023
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Item #: 3.24. 1/10/2023 File #: 22-0729

6. Independent Auditors’ Report on Internal Control Over Financial Reporting - a report to describe the scope of testing of the City’s internal control over financial reporting and the results of that testing.

7. Housing Successor Fund Financial Statements- audited financial statements in accordance with Generally Accepted Auditing Standards and the standards applicable to the financial audits contained in Government Auditing Standards.

8. Single Audit of Federally Assisted Grant Programs - audit of compliance requirements as described in the U.S. Office of Management and Budget (OMB) 2 CFR part 200, Uniform Grant Guidance.

7. ATTACHMENTS
· City of Orange Annual Comprehensive Financial Report and Summary of Audit Results · Audit Communication Letter
· Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets
· Independent Accountants’ Report on Agreed-Upon Procedures Applied to Investment Portfolio
· Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report · Independent Auditors’ Report on Internal Control Over Financial Reporting · Housing Successor Fund Financial Statements
· Single Audit of Federally Assisted Grant Programs
City of Orange Page 3 of 3 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.24. 1/10/2023 File #: 22-0729
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Audited Financial Statements and Related Financial Reports for the fiscal year ended June 30, 2022.

2. SUMMARY
Financial Reports and Statements provided by independent auditors as a result of the annual financial audit for the fiscal year ended June 30, 2022.

3. RECOMMENDED ACTION
Receive and file the following documents for the fiscal year ended June 30, 2022:

1. Annual Comprehensive Financial Report

2. Audit Communication Letter

3. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets

4. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Investment Portfolio

5. Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report

6. Independent Auditors’ Report on Internal Control Over Financial Reporting

7. Housing Successor Fund Financial Statements

8. Single Audit of Federally Assisted Grant Programs

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Lance, Soll, and Lunghard, LLP (LSL) provided audit services to the City for the fiscal year ended June 30, 2022. As an integral part of their audit, LSL considers the City’s internal controls over our financial reporting and, while they did not express an opinion, their conclusion was they did not identify any deficiencies in internal control considered to be material weaknesses.

During their quarterly meetings, the newly formed Investment and Audit Committee reviews the City’s financial transactions with LSL and our investment advisors, Chandler Asset Management. The City City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 3.24. 1/10/2023 File #: 22-0729
financial transactions with LSL and our investment advisors, Chandler Asset Management. The City Finance staff includes two staff with extensive audit experience. Throughout the year, the Finance Department assists in various audits from outside agencies which provide assurance both financial and operational controls and efficiencies are in place and are being followed. Staff believes oversight of our financial position and reporting requirements is being properly maintained.

LSL’s testing resulted in a “clean” audit opinion. This provides assurance the City’s financial transactions are accurately recorded and can be relied upon not only for proper reporting of past financial results in the City’s Fiscal Year (FY) 2022 Annual Comprehensive Financial Report (ACFR), but also on a go-forward basis as we craft the FY 2024 Budget. This is of utmost importance given the results reflected in the ACFR include fixed assets and restricted fund balances that are not readily available to staff for appropriation as budgeted expenditures for operating costs or Capital Improvement Projects.

LSL noted a finding for the City’s failure to submit its FY 2021 ACFR to the Electronic Municipal Market Access (EMMA) website by the deadline prescribed by the 2021 Taxable Pension Obligation Bonds (POB) Official Statement. This is reported in both the Single Audit of Federally Assisted Grant Programs and the Report on Internal Control over Financial Reporting. Staff agrees with this finding and, while this task is the responsibility of a third-party consultant, the City has developed a review mechanism to ensure the report is submitted by its annual deadline of March 31. Per the POB indenture, a failure by the City to comply with the provisions of the continuing disclosure requirement does not constitute an event of default.

The following Reports, Letter, and Statements are presented for fiscal year ended June 30, 2022:

1. Annual Comprehensive Financial Report (ACFR) - This report is divided into three major sections: the Introductory Section, the Financial Section and the Statistical Section. The Introductory Section includes a Letter of Transmittal. The Financial Section comprises the Audit Opinion, Management’s Discussion and Analysis, and the Basic Financial Statements. The Statistical Section provides important historical and trend information about the City. The Audit opinion is an “unqualified opinion”, which states that, in the auditor’s opinion, the basic financial statements of the City are presented fairly in all material respects and are in conformity with generally accepted accounting principles.

2. Audit Communication Letter - a report of recommendations made to management by the auditors to improve internal controls and/or operating efficiencies within the City.

3. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets - procedures performed solely to assist the City in meeting the requirements of Section 1.5 of the Article XIIIB of the California Constitution.

4. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Investment Portfolio - independent review of investment operations and compliance with the City’s investment policy.

5. Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report - audited financial statements in accordance with Generally Accepted Auditing Standards and the standards applicable to the financial audits contained in Government Auditing Standards.

6. Independent Auditors’ Report on Internal Control Over Financial Reporting - a report to City of Orange Page 2 of 3 Printed on 1/5/2023
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Item #: 3.24. 1/10/2023 File #: 22-0729

6. Independent Auditors’ Report on Internal Control Over Financial Reporting - a report to describe the scope of testing of the City’s internal control over financial reporting and the results of that testing.

7. Housing Successor Fund Financial Statements- audited financial statements in accordance with Generally Accepted Auditing Standards and the standards applicable to the financial audits contained in Government Auditing Standards.

8. Single Audit of Federally Assisted Grant Programs - audit of compliance requirements as described in the U.S. Office of Management and Budget (OMB) 2 CFR part 200, Uniform Grant Guidance.

7. ATTACHMENTS
· City of Orange Annual Comprehensive Financial Report and Summary of Audit Results · Audit Communication Letter
· Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets
· Independent Accountants’ Report on Agreed-Upon Procedures Applied to Investment Portfolio
· Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report · Independent Auditors’ Report on Internal Control Over Financial Reporting · Housing Successor Fund Financial Statements
· Single Audit of Federally Assisted Grant Programs
City of Orange Page 3 of 3 Printed on 1/5/2023
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Lance, Soll & Lunghard, LLP 203N. BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 December 16, 2022
To the Honorable Mayor and Members of the City Council
City of Orange, California
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Orange, California (the “City”) for the year ended June 30, 2022. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit.

We have communicated such information in our letter to you dated April 19, 2022. Professional standards also require that we communicate to you the following information related to our audit.

Significant Audit Matters
Qualitative Aspects of Significant Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. As described in Note 1 to the financial statements, the City changed accounting policies related to leases by adopting Statement of Governmental Accounting Standards (GASB Statement) No. 87, Leases, in fiscal year 2021-2022. Accordingly, the cumulative effect of the accounting change as of the beginning of the year is reported in the Statement of Activities. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:

Management’s estimates of its net pension liability, total other post-employment benefits (OPEB) liability, and self-insurance liability are based on actuarial valuation specialist assumptions. We evaluated the key factors and assumptions used to develop the net pension liability, total OPEB liability, and self-insurance liability in determining that they are reasonable in relation to the financial statements taken as a whole.

The financial statement disclosures are neutral, consistent, and clear.

Significant or Unusual Transactions
Management is responsible for the policies and practices used to account for significant or unusual transactions.
421
To the Honorable Mayor and Members of the City Council
City of Orange, California
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.

Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management.

Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole.

Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.

Management Representations
We have requested certain representations from management that are included in the management representation letter dated December 16, 2022.

Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues
We generally discuss a variety of matters, including the significant events or transactions that occurred during the year, business conditions affecting the City and business plans and strategies that may affect the risks of material misstatements, the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.

Other Matters
We applied certain limited procedures to the management’s discussion and analysis, the budgetary comparison schedules for the General Fund and major special revenue funds, and the required pension and other post-employment benefits schedules, as listed in the Annual Comprehensive Financial Report (ACFR)’s table of contents, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
422
To the Honorable Mayor and Members of the City Council
City of Orange, California
We were engaged to report on the combining and individual fund statements and schedules, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

We were not engaged to report on the Introductory and Statistical Sections of the ACFR, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it.

The following new Governmental Accounting Standards Board (GASB) pronouncements were effective for fiscal year 2021-2022 audit:

GASB Statement No. 87, Leases.

GASB Statement No. 89, Accounting for Interest Cost Incurred before the End of a Construction Period.

GASB Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans.

The following GASB pronouncements are effective in the following fiscal years’ audits and should be reviewed for proper implementation by management:

Fiscal year 2023
GASB Statement No. 91, Conduit Debt Obligations.

GASB Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangement.

GASB Statement No. 96, Subscription-Based Information Technology Arrangements.

Fiscal year 2024
GASB Statement No. 99, Omnibus 2022.

GASB Statement No. 100, Accounting Changes and Error Corrections.

Fiscal year 2025
GASB Statement No. 101, Compensated Absences.
423
To the Honorable Mayor and Members of the City Council
City of Orange, California
Restriction on Use
This information is intended solely for the use of the City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties.

Very truly yours,
Brea, California
424

Lance, Soll & Lunghard, LLP 203N.BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 INDEPENDENT ACCOUNTANTS’ REPORT ON AGREED-UPON

PROCEDURES APPLIED TO APPROPRIATIONS LIMIT WORKSHEETS
To the Honorable Mayor and Members of the City Council
City of Orange, California
We have performed the procedures enumerated below on the accompanying Appropriations Limit Worksheet No. 6 (or other alternative computation) of the City of Orange, California (the City), for the year ended June 30, 2022. These procedures are the responsibility of the City, which were agreed to by the City and the League of California Cities (as presented in the publication entitled Agreed-Upon Procedures Applied to the Appropriations Limitation Prescribed by Article XIII-B of the California Constitution), were performed solely to assist the City in meeting the requirements of Section 1.5 of Article XIII-B of the California Constitution. The City’s management is responsible for the Appropriations Limit Worksheet No. 6 (or other alternative computation).

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of recomputing the Appropriations Limit Worksheet No. 6 (or other alternative computation). This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures performed and our findings were as follows:

1. We obtained the completed Worksheets No. 1 through No. 7 (or other alternative computations) and compared the limit and annual adjustment factors included in those worksheets to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheets to those that were selected by a recorded vote of the City Council.

Finding: No exceptions were noted as a result of our procedures.

2. For the accompanying Appropriations Limit Worksheet No. 6, we multiplied line A, last year's limit, by line D, ratio of change and compared the resulting amount to line E, this year's limit.

Finding: No exceptions were noted as a result of our procedures.

3. We compared the current year information presented in the accompanying Appropriations Limit Worksheet No. 6 to the other worksheets described in No. 1 above.

Finding: No exceptions were noted as a result of our procedures.

4. We compared the prior year appropriations limit presented in the accompanying Appropriations Limit Worksheet No. 6 to the prior year appropriations limit adopted by the City Council for the prior year.

Finding: No exceptions were noted as a result of our procedures. 425
To the Honorable Mayor and Members of the City Council
City of Orange, California
We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the AICPA. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the accompanying Appropriations Limit Worksheet No. 6 (or other alternative computation). Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information of the City Council and management of the City of Orange and is not intended to be, and should not be, used by anyone other than these specified parties.

Brea, California
May 2, 2022
426

CITY OF ORANGE, CALIFORNIA
FISCAL YEAR 2021-2022

APPROPRIATIONS LIMIT CALCULATION
A. 2020-2021 APPROPRIATIONS LIMIT: $ 193,008,124
B. 2021-2022 CHANGE IN PER CAPITA
PERSONAL INCOME 5.73%
C. 2021-2022 CHANGE IN POPULATION: -1.53%
D. RATIO OF CHANGE (1.0573 X 0.9847): 1.04112331
E. 2021-2022 APPROPRIATIONS LIMIT: $ 200,945,256
($193,008,124 X 1.04112331)
427

Lance, Soll & Lunghard, LLP 203N. BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 INDEPENDENT ACCOUNTANTS’ REPORT

ON AGREED-UPON PROCEDURES
To the Honorable Mayor and Members of the City Council
City of Orange, California
We have performed the procedures enumerated below to assist the City of Orange, California (the City) in evaluating the Treasurer’s Report for the month ended June 30, 2022, for compliance with the provisions of the California Government Code (the Code) and with the City’s investment policy dated June 8, 2021, (the Policy). The City’s management is responsible for the Treasurer’s Report for the month ended June 30, 2022, the compliance with the Policy and the Code and for selecting that such criteria are appropriate for your purpose.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of evaluating the Treasurer’s Report for the month ended June 30, 2022, for compliance with the provision of the Code and with the Policy. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and the associated findings are as follows:

1. We obtained a copy of the Investment Portfolio Report as of June 30, 2022 and agreed individual investments/deposits to supporting documentation obtained from the City and reconciled such to the Investment Portfolio Report. We traced total investments listed on the Investment Portfolio Report to the City’s general ledger.

Finding: No exceptions were noted as a result of this procedure.

2. We compared investments listed in the Investment Portfolio Report as of June 30, 2022, to the types of investments authorized for the City by the City’s investment policy and California Government Code Section 53601.

Finding: No exceptions were noted as a result of this procedure.

3. We compared the market value of the investments listed in the Investment Portfolio Report as of June 30, 2022 to the bank statements and other supporting documentation.

Finding: No exceptions were noted as a result of this procedure.

4. We read the Investment Portfolio Report to ascertain that it contained the information/data required by California Government Code Section 53646 and met the timing requirements of California Government Code Section 53646, as follows:
a. Included the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments and monies held by the City.
b. Included those funds under management of contracted parties. 428
To the Honorable Mayor and Members of the City Council
City of Orange, California
c. Included market value (and source) as of the date of the report of all securities held by the City or under management of contracted parties.
d. Stated compliance of the portfolio to the investment policy of the City. e. Included a statement addressing the ability of the City to meet the pool’s expenditure requirements for the next six months.

Finding: The June 2022 report does not have a statement addressing the ability of the City to meet the pool’s expenditure requirements for the next six months. This finding was discussed with management and corrected in the subsequent September 2022 report by adding the required language to the Council Agenda Staff Report.

Management’s Response:

This finding is corrected as of September 2022, through the incorporation of the required language into the Staff Report. The cause of the finding was that the City recently switched investment portfolio management firms and the new firm had not implemented the language into their report.

5. We compared the investments listed in the Investment Portfolio Report as of June 30, 2022, to the prohibited investments listed in California Government Code Section 53601.6.

Finding: No exceptions were noted as a result of this procedure.

6. We calculated the totals (cost basis) for the investment types listed in the Investment Portfolio Report as of June 30, 2022 and compared those totals to the limitations imposed by the City’s investment policy and California Government Code Section 53601 for the specific investment types.

Finding: No exceptions were noted as a result of this procedure.

7. We agreed individual investment maturity dates listed in the Investment Portfolio Report as of June 30, 2022, to the City’s copies of investment statements to determine if they conformed to the maturity requirements of the City’s investment policy and California Government Code section 53601.

Finding: No exceptions were noted as a result of this procedure.

8. We obtained and read the third-party custodial agreements and broker/dealer agreements in effect at the date of the Investment Portfolio Report to determine if the agreements contained a clause addressing delivery of securities and that the delivery method conformed to California Government Code section 53601.

Finding: The City does not have a formal agreement or contract with the broker/dealer since they are not required to use the broker/dealer for trades and there are no fees or commissions charged. The City Treasurer authorizes the use of designated brokers and ensures that the City has written documentation with the broker’s signature stating that the broker will adhere to the City’s investment policy.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the AICPA. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on evaluating the Treasurer’s Report for the month ended June 30, 2022, for compliance with the provisions of the Code) and with the Policy. Accordingly, 429
To the Honorable Mayor and Members of the City Council
City of Orange, California
we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information of the City Council and management of the City of Orange and is not intended to be, and should not be, used by anyone other than these specified parties.

Brea, California
December 16, 2022
430

CITY OF ORANGE, CALIFORIA

AIR POLUTION REDUCTION FUND
JUNE 30, 2022

FINANCIAL STATEMENTS WITH REPORT

ON AUDIT BY INDEPENDENT CERTIFIED

PUBLIC ACCOUNTANTS
431
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432

CITY OF ORANGE, CALIFORNIA

AIR POLLUTION REDUCTION FUND

FINANCIAL STATEMENTS

WITH REPORT ON AUDIT

BY INDEPENDENT

CERTIFIED PUBLIC ACCOUNTANTS
YEAR ENDED JUNE 30, 2022

TABLE OF CONTENTS
Page
Number

FINANCIAL SECTION
INDEPENDENT AUDITORS’ REPORT .................................................................................................. 1

BASIC FINANCIAL STATEMENTS

GOVERNMENT - WIDE FINANCIAL STATEMENTS
Statement of Net Position .................................................................................................................... 4 Statement of Activities ......................................................................................................................... 5

FUND FINANCIAL STATEMENTS
Balance Sheet – Governmental Fund .................................................................................................. 6 Reconciliation of the Governmental Fund Balance
Sheet to the Statement of Net Position ...................................................................................... 7 Statement Of Revenues, Expenditures and Changes In
Fund Balance – Governmental Fund: ........................................................................................ 8 Reconciliation Of the Governmental Fund Statement Of
Revenues, Expenditures and Changes in Fund Balance
To The Statement of Activities ................................................................................................... 9 Notes to Financial Statements .............................................................................................................. 10

REQUIRED SUPPLEMENTARY INFORMATION
Budgetary Comparison Schedule ........................................................................................................ 16 Note to Required Supplementary Information ................................................................................. 17

OTHER REPORT
Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in
Accordance with Government Auditing Standards ................................................................................... 18 433

Lance, Soll & Lunghard, LLP 203N. BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 ,1'(3(1'(17$8',7256¶5(3257
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3 436

CITY OF ORANGE

AIR POLLUTION REDUCTION FUND

STATEMENT OF NET POSITION
JUNE 30, 2022
Governmental
Activities
Assets:

Cash and investments $ 171,134
Receivables:

Accounts 45,179
Accrued interest 131
Proportionate share of net pension asset 34,008
Total Assets 250,452
Deferred Outflows of Resources:

Proportionate share of pension deferrals 1,598
Proportionate share of OPEB deferrals 3,124
Total Deferred Outflows of Resources 4,722
Liabilities:

Accounts payable 2,146
Noncurrent liabilities:

Proportionate share of total OPEB liability 13,246
Total Liabilities 15,392
Deferred Inflows of Resources:

Proportionate share of pension deferrals 24,860
Proportionate share of OPEB deferrals 1,360
Total Deferred Inflows of Resources 26,220
Net Position:

Restricted for air pollution reduction projects 213,562 Total Net Position $ 213,562
See accompanying notes to basic financial statements.
4 437

CITY OF ORANGE

AIR POLLUTION REDUCTION FUND

STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED JUNE 30, 2022
Net (Expenses)
Revenues and
Changes in
Net Position
Operating Capital
Charges for Contributions Contributions Governmental
Expenses Services and Grants and Grants Activities
Governmental Activities:

General government $ 48,092 $ 177,224 - $ $ - $ 129,132 Public safety 6,631 - - - (6,631)
Total Governmental Activities $ 62,425 $ 177,224 - $ $ 114,799 - General Revenues:

Investment income (5,934)
Total General Revenues 1,770
Change in Net Position 116,569
Net Position at Beginning of Year 96,993
Net Position at End of Year $ 213,562
Program Revenues
Functions/Programs
See accompanying notes to basic financial statements.
5 438

CITY OF ORANGE

AIR POLLUTION REDUCTION FUND

BALANCE SHEET - GOVERNMENTAL FUND
JUNE 30, 2022
Assets:

Cash and investments $ 171,134
Receivables:

Accounts 45,179
Interest 131
Total Assets $ 216,444
Liabilities and Fund Balance:

Liabilities:

Accounts payable $ 2,146
Total Liabilities 2,146
Fund Balance:

Restricted for air pollution reduction projects 214,298 Total Fund Balances 214,298
Total Liabilities and Fund Balance $ 216,444
See accompanying notes to basic financial statements.
6 439

CITY OF ORANGE

AIR POLLUTION REDUCTION FUND

RECONCILIATION OF THE GOVERNMENTAL FUND BALANCE SHEET

TO THE STATEMENT OF NET POSITION
JUNE 30, 2022
Fund Balance of Governmental Fund $ 214,298
Deferred outflows of resources 1,598
Deferred inflows of resources (24,860)
Net pension liability 34,008
Deferred outflows of resources 3,124
Deferred inflows of resources (1,360)
Total OPEB liability (13,246)
Net Position of Governmental Activities $ 213,562
Pension-related liabilities applicable to governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. Deferred outflows of resources and deferred inflows of resources related to pensions are only reported in the statement of net position as the changes in these amounts affects only the government-wide statements for governmental activities.

OPEB-related liabilities applicable to governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. Deferred outflows of resources and deferred inflows of resources related to OPEB are only reported in the statement of net position as the changes in these amounts affects only the government-wide statements for governmental activities.

Amounts reported for governmental activities in the statement of net position are different because:

See accompanying notes to basic financial statements.
7 440

CITY OF ORANGE

AIR POLLUTION REDUCTION FUND

STATEMENT OF REVENUES, EXPENDITURES, AND

CHANGES IN FUND BALANCE - GOVERNMENTAL FUND
FOR THE YEAR ENDED JUNE 30, 2022
Revenues:

Intergovernmental $ 177,224
Interest income (5,934)
Total Revenues 171,290
Expenditures:

Current:

General government 95,126
Public safety 6,631
Capital outlay 3,426
Total Expenditures 112,885
(Deficiency) of Revenues
(Under) Expenditures 58,405
Fund Balance at Beginning of Year 155,893
Fund Balance at End of Year $ 214,298
See accompanying notes to basic financial statements.
8 441

CITY OF ORANGE

AIR POLLUTION REDUCTION FUND

RECONCILIATION OF THE GOVERNMENTAL FUND STATEMENT OF

REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE

TO THE STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED JUNE 30, 2022
Net Change in Fund Balances - Governmental Fund $ 58,405 54,082
4,082
Change in Net Position of Governmental Activities $ 116,569 Pension obligation reduction reported in the statement of activities does not result in the use of current financial resources and, therefore, is not reported as reduction of expenditures in the governmental fund.

OPEB obligation reduction reported in the statement of activities does not result in the use of current financial resources and, therefore, is not reported as reduction of expenditures in the governmental fund.

Amounts reported for governmental activities in the statement of activities are different because:

See accompanying notes to basic financial statements.
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15 448

CITY OF ORANGE

AIR POLLUTION REDUCTION FUND

BUDGETARY COMPARISON SCHEDULE
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 $ 155,893 155,893 $ 155,893 $ $ - Resources (Inflows):

Intergovernmental 170,700 170,700 177,224 6,524
Investment income 598 598 (5,934) (6,532)
Amounts Available for Appropriation 327,191 327,191 327,183 (8) Charges to Appropriation (Outflow):

Salaries and benefits 51,076 51,076 31,494 19,582
Capital projects 91,327 85,000 3,426 87,901
Trip reduction program 48,197 48,197 52,670 (4,473)
Professional costs 7,600 7,600 1,827 5,773
Printing costs 2,700 2,700 - 2,700
Bike team usage 10,000 10,000 6,631 3,369
Association dues 700 700 - 700
Training costs 900 900 - 900
Administrative and general overhead 16,839 16,839 16,837 2 Total Charges to Appropriations 223,012 229,339 112,885 116,454 Budgetary Fund Balance, June 30 $ 104,179 $ 97,852 $ 214,298 $ 116,446 See accompanying note to required supplementary information. 16 449
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19 452

Lance, Soll & Lunghard, LLP 203N. BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL

OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE

WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the City Council
City of Orange, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Orange, California (the “City”), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated December 16, 2022.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance or other matters that are required to be reported under Government Auditing Standards and which are described in the accompanying schedule of findings and responses as item 2022-001.
453
To the Honorable Mayor and Members of the City Council
City of Orange, California
City of Orange, California’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the findings identified in our audit and described in the accompanying schedule of findings and responses. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Brea, California
December 16, 2022
454
To the Honorable Mayor and Members of the City Council
City of Orange, California

SCHEDULE OF FINDINGS AND RESPONSES
Reference No.: 2022-001
Condition:

As part of our standard audit procedures, we examined the City’s compliance with laws, regulations, grant agreements, contracts, and bond covenants. It was identified as part of this examination that the City did not submit its audited financial statement for the fiscal year ended June 30, 2021 to the Electronic Municipal Market Access (EMMA) website by the deadline prescribed by the Bond Official Statement, which is a required continuing disclosure for the 2021 Taxable Pension Obligation Bonds.

Criteria:

Securities and Exchanges Commission (SEC) Rule 15c2-12 requires dealers, when underwriting certain types of municipal securities, to ensure that the state or local government issuing the bonds enters into an agreement to provide certain information to the Municipal Securities Rulemaking Board (MSRB) about the securities on an ongoing basis. These disclosures are made available to investors and the public on the MSRB’s EMMA website. Continuing disclosures provide updated financial or operating information about the state or local government that issued the bond, such as audited financial statements.

Pursuant to the Bond Official Statement for the 2021 Taxable Pension Obligation Bonds, the City has agreed to provide certain financial and operating data relating to the City by no later than March 31 of each year commencing March 31, 2022 to the MSRB’s EMMA website.

Cause of Condition:

The City has contracted with a third-party consultant to submit continuing disclosures for the 2021 Taxable Pension Obligation Bond, and consultant staff failed to submit the audited financial statements for the fiscal year ended June 30, 2021 to MSRB’s EMMA website when received from the City for submission. The City also did not have a review mechanism or procedure in place to verify that the consultant had completed the submission in a timely manner.

Effect or Potential Effect of Condition:

The City was not in compliance with the terms and conditions and covenants of the 2021 Taxable Pension Obligation Bond indenture and SEC Rule 15c2-12. However, as per the indenture, a failure by the City to comply with the provisions of the continuing disclosure requirement does not constitute an event of default.

Recommendation:

We recommend that the City develop procedures or a review mechanism to verify that continuing disclosures are submitted by the consultant in the manner prescribed by SEC Rule 15c2-12 and the 2021 Taxable Pension Obligation Bond’s Official Statement, including verifying through a search of the MSRB’s EMMA website after the audited financial statements have been issued but before the due date of March 31 that the continuing disclosure has been submitted by the consultant.

Client Response:

The City will develop procedures or a review mechanism to verify that continuing disclosures are submitted by the consultant in the manner prescribed by SEC Rule 15c2-12 and the 2021 Pension Obligation Bond’s Official Statement including verifying through a search of the MSRB’s EMMA website after the audited financial statements have been issued but before the due date of March 31st, that the continuing disclosure has been submitted by the consultant.
455
To the Honorable Mayor and Members of the City Council
City of Orange, California
Other Information:

The 2021 Taxable Pension Obligation Bond constitutes the most significant debt financing of the City with $278,790,000 in principal outstanding at June 30, 2022. After discussing the matter with management, the City submitted the audited financial statements for the fiscal year ended June 30, 2021 to the MSRB’s EMMA website on October 18, 2022.

Evaluation of Finding:

Significant Deficiency
Material Weakness
Material Noncompliance X
Other Matters
456

CITY OF ORANGE HOUSING SUCCESSOR

CITY OF ORANGE, CALIFORNIA

FINANCIAL STATEMENTS
FISCAL YEAR ENDED JUNE 30, 2022
PREPARED BY: FINANCE DEPARTMENT
Susan Galvan, Assistant City Manager
457

ORANGE HOUSING SUCCESSOR
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

TABLE OF CONTENTS
INDEPENDENT AUDITORS' REPORT Page No.

Financial Audit ........................................................................................................................ 1 Compliance Audit .................................................................................................................... 4

BASIC FINANCIAL STATEMENTS
Government-Wide Financial Statements:

Statement of Net Position ............................................................................................. 7 Statement of Activities ................................................................................................. 8 Fund Financial Statements:

Balance Sheet - Governmental Funds ........................................................................... 9 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position .................................................................................. 10 Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds ................................................................................. 11 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the
Statement of Activities ............................................................................................... 12 Notes to Financial Statements ........................................................................................... 13

REQUIRED SUPPLEMENTARY INFORMATION
Budgetary Comparison Schedule ...................................................................................... 20 Notes to Required Supplementary Information ................................................................. 21

OTHER SUPPLEMENTARY INFORMATION
Computation of Low and Moderate Income Housing Funds Excess/Surplus ..................... 22 458

Lance, Soll & Lunghard, LLP 203N. BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT
To the Honorable Mayor and Members of the City Council
City of Orange, California
Report on the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities and governmental fund of the City of Orange Housing Successor (the “Housing Successor”), a major special revenue fund of the City of Orange, California (the “City”) as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the Fund’s basic financial statements as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the governmental fund of the Housing Successor as of June 30, 2022, and the changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS), the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Emphasis of Matter
As discussed in Note 1, the financial statements of the Housing Successor are intended to present the financial position, the changes in financial position, and, where applicable, cash flows of only that portion of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City that is attributable to the transactions of the Housing Successor. They do not purport to, and do not, present fairly the financial position of the City, as of June 30, 2022, the changes in its financial position, or, where applicable, its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or 459
To the Honorable Mayor and Members of the City Council
City of Orange, California
events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.

Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if, there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
 Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
 Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.

Other Reporting Responsibilities
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the budgetary comparison schedule as listed on the table of contents, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information 460
To the Honorable Mayor and Members of the City Council
City of Orange, California
and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements.

We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Management has omitted management’s discussion and analysis and the required pension and other post-employment benefits schedules that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 16, 2022 on our consideration of the City’s internal control over the Housing Successor’s financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over the Housing Successor’s financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over the Housing Successor’s financial reporting and compliance.

Brea, California
December 16, 2022
461

Lance, Soll & Lunghard, LLP 203N. BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE ON COMPLIANCE WITH

APPLICABLE REQUIREMENT AND ON INTERNAL CONTROL OVER COMPLIANCE To the Honorable Mayor and Members of the City Council
City of Orange, California
Report on Compliance for Housing Successor
Opinion
We have audited the City of Orange Housing Successor (the “Housing Successor”) of the City of Orange, California (the “City”)’s compliance with the types of compliance requirements identified as subject to audit in the California Health and Safety Code section applicable to California Housing Successor Agencies for the year ended June 30, 2022.

In our opinion, the Housing Successor complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on its Housing Successor for the year ended June 30, 2022.

Basis for Opinion
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of California Health and Safety Code sections applicable to California Housing Successor Agencies. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the Housing Successor and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Our audit does not provide a legal determination of the Housing Successor’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts applicable to the Housing Successor programs.

Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above, whether due to fraud or error, and express an opinion on the Housing Successor’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with 462
To the Honorable Mayor and Members of the City Council
City of Orange, California
GAAS, Government Auditing Standards, and the California Health and Safety Code sections applicable to California Housing Successor Agencies will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the Housing Successor’s compliance with the requirements of the government program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and California Health and Safety Code sections applicable to California Housing Successor Agencies, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the Housing Successor’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
 Obtain an understanding of the Housing Successor’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with California Health and Safety Code sections applicable to California Housing Successor Agencies, but not for the purpose of expressing an opinion on the effectiveness of the Housing Successor’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be a material weakness, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that have not been identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. 463
To the Honorable Mayor and Members of the City Council
City of Orange, California
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the California Health and Safety Code sections applicable to California Housing Successor Agencies.

Accordingly, this report is not suitable for any other purpose.

Report on Excess/Surplus Calculation
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated December 16, 2022, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying report on excess/surplus calculation is presented for purposes of additional analysis as required by the California Health and Safety Code sections applicable to California Housing Successor Agencies and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the report on excess/surplus calculation is fairly stated in all material respects in relation to the basic financial statements as a whole.

Brea, California
December 16, 2022
464

CITY OF ORANGE HOUSING SUCCESSOR

STATEMENT OF NET POSITION
Governmental
Activities
ASSETS:

Pooled cash and investments $ 610,239
Receivables:

Notes and loans (net of allowance for net present value) 20,905,642 Accrued interest 984
Net pension asset 177,526
Total Assets 21,694,391
DEFERRED OUTFLOWS OF RESOURCES:

Deferred pension related items 13,018
Deferred other post employment benefits 37,977
Total Deferred Outflows of Resources 50,995
LIABILITIES:

Noncurrent liabilities:

Total Other post employment benefits 161,005
Total Liabilities 161,005
DEFERRED INFLOWS OF RESOURCES:

Deferred pension related items 122,530
Deferred other post employment benefits 16,532
Total Deferred Inflows of Resources 139,062
NET POSITION:

Unrestricted 21,445,319
Total Net Position $ 21,445,319
JUNE 30, 2022
See Notes to Financial Statements
465

CITY OF ORANGE HOUSING SUCCESSOR

STATEMENT OF ACTIVITIES
YEAR ENDED JUNE 30, 2022
Operating Capital
Charges for Contributions Contributions Governmental
Expenses Services and Grants and Grants Activities
Functions/Programs
Governmental Activities:

General government $ 25,481 - - - (25,481)
Community development 44,377 - - - (44,377)
Economic development 34,133 - - - (34,133)
Total Primary Government $ 2,789,140 - - - (2,789,140)
General Revenues:

Use of money and property 81,742
Other financing use - pension asset 404,254
Other 3,000,000
Total General Revenues 3,485,996
Change in Net Position 696,856
Net Position at Beginning of Year 20,748,463
Net Position at End of Year $ 21,445,319
Program Revenues
Net (Expenses)
Revenues and
Changes in Net
Position
See Notes to Financial Statements
466

CITY OF ORANGE HOUSING SUCCESSOR

BALANCE SHEET

GOVERNMENTAL FUND
JUNE 30, 2022
ASSETS:

Pooled cash and investments $ 610,239
Receivables:

Notes and loans (net of allowance for net present value) 20,905,642 Accrued interest 984
Accounts -
Total Assets 21,516,865
FUND BALANCE:

Restricted 21,516,865
Total Fund Balance $ 21,516,865
See Notes to Financial Statements
467

CITY OF ORANGE HOUSING SUCCESSOR

RECONCILIATION OF THE BALANCE SHEET OF THE GOVERNMENTAL FUND

TO THE STATEMENT OF NET POSITION
JUNE 30, 2022
Fund balance of governmental fund $ 21,516,865
Amounts reported for governmental activities in the statement of net position are different because:

Pension/OPEB related debt applicable to the governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities.

Deferred outflows of resources and deferred inflows of resources related to pensions/OPEB are only reported in the Statement of Net Position as the changes in these amounts affect only the government-wide statements for governmental activities.

Deferred outflows of resources - pension 13,018
Deferred outflows of resources - OPEB 37,977
Deferred inflows of resources - pension (122,530)
Deferred inflows of resources - OPEB (16,532)
Pension asset 177,526
OPEB liability (161,005)
Net Position of governmental activities $ 21,445,319
See Notes to Financial Statements
468

CITY OF ORANGE HOUSING SUCCESSOR

STATEMENT OF REVENUES,

EXPENDITURES AND CHANGES IN FUND BALANCE

GOVERNMENTAL FUND
YEAR ENDED JUNE 30, 2022
REVENUES:

Use of money and property $ 81,742
Inter fund revenue 3,000,000
Total Revenues 3,081,742
EXPENDITURES:

Current:

General government 25,481
Community development 44,377
Economic development 24,460
Economic development-Adjustment of loans receivable to present value 2,685,149 Total Expenditures 2,779,467
Net Change in Fund Balance 302,275
Fund Balance, Beginning of Year 21,214,590
Fund Balance, End of Year $ 21,516,865
See Notes to Financial Statements
469

CITY OF ORANGE HOUSING SUCCESSOR

RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES,

AND CHANGES IN FUND BALANCE OF THE GOVERNMENTAL FUND

TO THE STATEMENT OF ACTIVITIES
JUNE 30, 2022
Net change in fund balance - governmental fund $ 302,275 Other post employment benefits expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in government funds. (9,673)
Pension obligation expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds. 404,254 Net change in net position of governmental activities $ 696,856 See Notes to Financial Statements
470
Note 1: Significant Accounting Policies
a. Financial Reporting Entity
The Orange Successor Housing Agency (Housing Successor) was established on February 1, 2012, pursuant to the dissolution of the former Redevelopment Agency.

Prior to that, the activities were accounted for in the Redevelopment Agency Housing Fund. The City Council became the governing board of the Housing Successor. The Housing Successor was formed for purposes of construction and management of quality affordable housing within the City.

The Housing Successor is controlled by the City of Orange (City) and, accordingly, the accompanying fund financial statements are included as a special revenue fund of the basic financial statements prepared by the City. The accompanying financial statements are intended to reflect the financial position of operations for the Housing Successor Fund only and do not purport to, and do not, present the financial position of the City of Orange, California. Separate financial statements are prepared for the City of Orange, and may be obtained from the City. b. Basis of Presentation
The Housing Successor’s financial statements are prepared in conformity with accounting principles generally accepted in the United States of America. The Government Accounting Standards Board is the acknowledged standard setting body for establishing accounting and financial reporting standards followed by governmental entities in the United States of America.

The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the fund. The Housing Successor has no fiduciary activities.

The statement of activities demonstrates the degree to which the direct expenses of a given function or segments are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues.

While separate government-wide and fund financial statements are presented, they are interrelated.
471

CITY OF ORANGE HOUSING SUCCESSOR

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2022
Note 1: Significant Accounting Policies (Continued)
c. Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Under the economic resources measurement focus, all (both current and long term) economic resources and obligations are included in the accompanying Statement of Net Position. Under the accrual basis of accounting, revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met.

Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under the current financial resources measurement focus, only current assets and liabilities are generally included on the balance sheet. Under the modified accrual basis of accounting, revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Housing Successor considers revenues relating to grants to be available if they are collected within 120 days of the end of the current fiscal period, and within 60 days for all other revenues. Expenditures generally are recorded when a liability is incurred, as under accrual accounting.

Use of money and property is considered to be measurable and available only when cash is received by the government.
d. Assets, Liabilities and Net Position or Equity
Cash and Investments
Investments are reported in the accompanying financial statements at fair value, which is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. Changes in fair value that occur during a fiscal year are recognized as use of money and property for that fiscal year. Use of money and property includes interest earnings, changes in fair value (realized/unrealized), gains or losses realized upon the liquidation, maturity, or sale of investments, and rental income.

Cash and investments are pooled with other City of Orange funds for investment purposes, with interest being allocated monthly to various funds based on each fund’s prior month-end cash and investment balance. Interest income for cash and investments excluded from pooled cash is credited directly 472

CITY OF ORANGE HOUSING SUCCESSOR

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2022
Note 1: Significant Accounting Policies (Continued)
to the related funds. Investment policies applicable to all the Housing Successor’s funds are those of the City of Orange and are included in the notes to the City’s basic financial statements.

Deferred Outflows/Inflows of Resources
In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period and will not be recognized as an outflow of resources (expense/expenditure) until that time. The Housing Successor has items related to the pension and OPEB plans that qualify for reporting in this category.

In addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred of inflows of resources, represents an acquisition of net position that applies to a future period and so will not be recognized as an inflow of resources (revenue) until that time. The Housing Successor has items related to the pension and OPEB plans that qualify for reporting in this category.

Net Position Flow Assumption
Sometimes the government will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted net position and unrestricted net position in the government-wide financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the Housing Successor’s policy to consider restricted net position to have been depleted before unrestricted net position is applied.

Fund Balance Flow Assumptions
Sometimes the government will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned, and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned, and unassigned fund balance in the governmental fund financial statements a flow assumption must be made about the order in which the resources are considered to be applied. It is the Housing Successor’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance.

Unassigned fund balance is applied last.
473

CITY OF ORANGE HOUSING SUCCESSOR

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2022
Note 1: Significant Accounting Policies (Continued)
Fund Equity
In the fund financial statements, government funds report the following fund balance classification:

Non-spendable include amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact.

Restricted include amounts that are constrained on the use of resources by either (a) external creditors, grantors, contributors, or laws of regulations of other governments or (b) by law through constitutional provisions or enabling legislation.

Committed include amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the government’s highest authority, the City Council. The formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution. The Housing Successor did not have any committed fund balance as of June 30, 2022.

Assigned include amounts that are constrained by the government’s intent to be used for specific purposes, but are neither restricted nor committed. The Housing Successor did not have any assigned fund balance as of June 30, 2022.

Unassigned include the residual amounts that have not been restricted, committed, or assigned to specific purposes.

Use of Estimates
The preparation of basic financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities and deferred inflow/outflows of resources at the reporting date and revenue and expenses during the reporting period. Actual results could differ from those estimates.

Loans Receivable
Non-current portions of long-term receivables due are reported on the Governmental and Government-wide financial statements. For loans that have a forgiveness component and/or repayment term greater than that of conventional loans, an allowance is recorded to more accurately present the net present value of these receivables.
474

CITY OF ORANGE HOUSING SUCCESSOR

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2022
Note 2: Cash and Investments
As of June 30, 2022, cash and investments were reported in the accompanying financial statements as follows:

Equity in City Investment pool $ 610,239
Total cash and investments $ 610,239
a. Equity in the Cash and Investment Pool of the City of Orange The Housing Successor has no separate bank accounts or investments other than its equity in the cash and investment pool managed by the City of Orange. The Housing Successor is a voluntary participant in that pool. This pool is governed by and under the regulatory oversight of the Investment Policy adopted by the City Council of the City of Orange. The Housing Successor has not adopted an investment policy separate from that of the City of Orange. The fair value of the Housing Successor’s investment in the pool is reported in the accompanying financial statements at amounts based upon the Housing Successor’s pro-rata share of the fair value calculated by the City for the entire City portfolio. The balance available for withdrawal is based on the accounting records maintained by the City, which are recorded at the estimated fair value.
b. Disclosures Relating to the Investment Policy, Interest Rate Risk and Custodial Credit Risk
Additional disclosures related to the investment policy, interest rate risk, credit risk and custodial credit risk are available in the City of Orange’s Comprehensive Annual Financial Report.
c. Fair Value Measurements
The Housing Successor categorizes its fair value measurement within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the relative inputs used to measure the fair value of the investments. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets (Level 1 measurements) and the lowest priority to unobservable inputs (Level 3 measurements).

The Housing Successor’s investment in the City investment pool is not subject to the fair value hierarchy.
475

CITY OF ORANGE HOUSING SUCCESSOR

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2022
Note 3: Loans Receivable
With the dissolution of the Redevelopment Agency effective February 1, 2012, the City Council adopted a resolution authorizing the City of Orange to become the Housing Successor and enabling the City to retain housing assets and functions of the Redevelopment Agency. The Housing Successor provides housing loans for the rehabilitation and expansion of housing for low and moderate-income families in the City. Housing rehabilitation loans are for the purpose of rehabilitation and upgrading existing housing due to structural deficiencies. Housing loans also assist in the construction of new multi-family housing projects or rehabilitation of existing multi-family units. The balance of the loan at June 30, 2022, net of allowance for net present value, is $20,905,642.

Additionally, the former Redevelopment Agency issued several promissory notes, pursuant to and in implementation of the “Affordable Housing Resale Restrictions Option to Designate Eligible Purchaser with Alternative Option to Purchase and Option to Purchase upon Default.” These notes do not actually represent cash paid to the borrowers, but represent the subsidy constructively received by the borrower as a result of borrowers’ purchase of the property at a price below its fair market value. No repayment of these notes is due by the borrower until the Affordable Term of the loan date (45 years commencing from the loan date), or upon default, as described in the note. As of June 30, 2022, the outstanding amount for these loans was $465,000. Due to the length of the deferral and the uncertainty of repayment on these loans, an allowance has been recorded for the full amount of the loan receivable.

Note 4: Retirement Plan
a. Plan Description, Benefits Provided and Employees Covered The City contributes to the California Public Employees' Retirement System (CalPERS), an agent multiple-employer public employee defined benefit pension plan (the Plan). CalPERS provides retirement and disability benefits, annual costof-living adjustments, and death benefits to plan members and their beneficiaries.

CalPERS acts as a common investment and administrative agent for participating public entities within the State of California. Benefit provisions and all other requirements are established by state statute and memoranda of understanding with employee bargaining units. A full description of the pension plan regarding number of employees covered, benefit provisions, assumptions (for funding, but not accounting purposes), and membership information are listed in the CalPERS June 30, 2016 Annual Actuarial Valuation Report. Details of the benefits provided can be obtained in Appendix B of the actuarial valuation report. This report and CalPERS’ audited financial statements are publicly available reports that can be obtained at CalPERS’ website under Employers. Additional information can be found in the City’s Comprehensive Annual Financial Report for the Year Ended June 30, 2022.
476

CITY OF ORANGE HOUSING SUCCESSOR

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2022
Note 4: Retirement Plan (continued)
The Plan provides benefits for two membership classifications, Miscellaneous and Safety, and those benefits are tiered based upon date of CalPERS membership.

Safety membership is extended to those in active law enforcement and fire suppression, while all others are classified as Miscellaneous members. Assembly Bill (AB) 340, also known as the Public Employees’ Pension Reform Act (PEPRA), created new benefit formulas and a final compensation period as well as new contribution requirements for new employees. For the purpose of PEPRA, “new employees” are those hired on or after January 1, 2013 and had never been a member of CalPERS previously. CalPERS refers to members prior to January 1, 2013, as Classic members.

Employees of the City of Orange Housing Successor are covered under the Miscellaneous Plan. Further details of the City of Orange Retirement Plans can be found in the City’s Comprehensive Annual Financial Report for the Year Ended June 30, 2022.

The City allocates a percentage of the GASB 68 net pension liability, deferred outflows, deferred inflows, and required supplementary information to the Housing Successor based on its pro rata share of the actual employer pension cost to the City.

Note 5: Other Post Employment Benefits (OPEB)
The City administers an Agent Multiple-Employer defined benefit postemployment healthcare plan for eligible City retirees and their dependents through the California Public Employees' Retirement System (CalPERS). Retirees from the City enrolled in the Public Employees Medical and Hospital Insurance Program (PEMHCA), a single-employer postemployment benefits plan through CalPERS, are eligible for these benefits. These health insurance benefits are authorized through City Resolutions/Memorandas of Understanding defining health care benefits and contribution levels and through the contractual agreement between the City and CalPERS. The City currently contributes $149 per month for each retiree and the retiree is responsible for the balance of the premium amount.

The City allocates a percentage of the GASB 75 OPEB total liability, deferred outflows and inflows, and required supplementary information to the Housing Successor based on its pro rata share determined by an actuarial valuation annually.

Note 6: Subsequent Event
In preparing these financial statements, the Housing Successor has evaluated events and transactions for potential recognition or disclosure through December 16, 2022, the date the financial statements were available to be issued. No events or transactions were identified that required recognition or disclosure. 477

CITY OF ORANGE HOUSING SUCCESSOR

BUDGETARY COMPARISON SCHEDULE
YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
REVENUES:

Use of money and property $ 175,904 175,904 81,742 (94,162) Other - - 3,000,000 3,000,000
Fines and forfeitures
Contributions
Developer participation
Miscellaneous Income - - - -
Miscellaneous - - - -
Total Revenues 175,904 175,904 3,081,742 2,905,838
EXPENDITURES:

Current:

General government
City manager 127 127 127 -
Finance 24,578 24,578 25,354 (776)
Community development 52,196 52,196 44,377 7,819
Economic development 25,432 1,275,432 24,460 1,250,972
- - 2,685,149 (2,685,149)
Total Expenditures 102,333 1,352,333 2,779,467 (1,427,134) Net Change in Fund Balance 73,571 (1,176,429) 302,275 1,478,704 Fund Balance, Beginning of Year 19,962,502 18,462,502 21,214,590 2,752,088 Fund Balance End of Year $ 20,036,073 $ 17,286,073 $ 21,516,865 $ 4,230,792 - -
Budgetary Amounts
Economic development-Adjustment of
loans receivable to present value
478

CITY OF ORANGE HOUSING SUCCESSOR

NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
JUNE 30, 2022
Budgetary Accounting
Annual budgets are adopted by July 1 of each year on a basis consistent with generally accepted accounting principles for all governmental funds. The budget is monitored to ensure compliance with legal provisions embodied in the appropriated budget as approved or amended by the City Council throughout the year. Department heads are responsible for monitoring their department’s appropriated budget.

Legal level of Control – The legal level of budgetary control is at the department level within each fund. Transfers of appropriations between funds, between departments within a fund, and between capital outlay or debt service and another object group classification within a department, require City Council approval. All other transfers of appropriations can be made with City management approval.
479

CITY OF ORANGE HOUSING SUCCESSOR

COMPUTATION OF LOW AND MODERATE

INCOME HOUSING FUND

EXCESS/SURPLUS
Opening Fund Balance $ 21,516,865
Less Unavailable Amounts:

Loans receivable $ (20,905,642)
(20,905,642)
Available Low and Moderate Income Housing Funds 611,223 Limitation (greater of $1,000,000 or four years set-aside) Set-Aside for last four years:
2021 - 2022 81,742
2020 - 2021 1,030,623
2019 - 2020 707,554
2018 - 2019 275,177
Total $ 2,095,096
Base Limitation $ 1,000,000
Greater amount 2,095,096
Computed Excess/Surplus None A
All Project Area
A. An Excess Surplus was not developed for fiscal year ended June 30, 2022. According to HSC 34176.1(d) if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes as described in 34176.1 paragraph (3) of subdivision (a), or transfer these funds pursuant to 34176.1 paragraph (2), within three fiscal years, currently by June 30, 2024. If the housing successor fails to comply within this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna Jr. Farmworker Housing Grant Program.

July 1, 2022
Low and Moderate
Housing Funds
480

CITY OF ORANGE, CALIFORIA
JUNE 30, 2022 SINGLE AUDIT REPORT
481

CITY OF ORANGE, CALIFORNIA

SINGLE AUDIT REPORT
JUNE 30, 2022
482

CITY OF ORANGE, CALIFORNIA

SINGLE AUDIT REPORT
JUNE 30, 2022

TABLE OF CONTENTS
Page
Number
Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ...................................................................... 1 Independent Auditors’ Report on Compliance for Each Major Program and on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance ........................................................................................ 3 Schedule of Expenditures of Federal Awards for the
Fiscal Year Ended June 30, 2022 ........................................................................................................ 6 Notes to the Schedule of Expenditures of Federal Awards .................................................................... 8 Schedule of Findings and Questioned Costs for the
Fiscal Year Ended June 30, 2022 ........................................................................................................ 9 Summary Schedule of Prior Year Findings and Questioned Costs for the Fiscal Year Ended June 30, 2021 ...................................................................................................... 11 483

Lance, Soll & Lunghard, LLP 203N. BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL

OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE

WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the City Council
City of Orange, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Orange, California (the “City”), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated December 16, 2022.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance or other matters that are required to be reported under Government Auditing Standards and which are described in the accompanying schedule of findings and questioned costs as item 2022-001.
484
To the Honorable Mayor and Members of the City Council
City of Orange, California
City of Orange, California’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the findings identified in our audit and described in the accompanying schedule of findings and responses. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Brea, California
December 16, 2022
2 485

Lance, Soll & Lunghard, LLP 203N. BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM

AND ON INTERNAL CONTROL OVER COMPLIANCE AND REPORT ON SCHEDULE OF

EXPENDITURES OF FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE To the Honorable Mayor and Members of the City Council
City of Orange, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of Orange, California (the “City”)’s compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2022. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2022.

Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the City’s federal programs.
486
To the Honorable Mayor and Members of the City Council
City of Orange, California
Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance.

Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be a material weakness, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that have not been identified.
4 487
To the Honorable Mayor and Members of the City Council
City of Orange, California
Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated December 16, 2022, which contained unmodified opinions on those financial statements. Our audit was performed for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Brea, California
December 16, 2022
5 488

CITY OF ORANGE, CALIFORNIA

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
Assistance
Listing Pass-Through Entity Total Federal
Number Unique Entity ID Expenditures
CDBG - Entitlement Grants Cluster
Department of Housing and Urban Development:

Direct Programs:

Community Development Block Grants/Entitlement Grants 14.218 N/A $ 1,603,194 COVID-19 - Community Development Block Grants/Entitlement Grants 14.218 N/A 20,000 Subtotal - Assistance Listing 14.218 1,623,194
Total Department of Housing and Urban Development Programs in Cluster 1,623,194 Total CDBG - Entitlement Grants Cluster 1,623,194
Highway Planning and Construction Cluster
Department of Transportation:

Passed through the State of California Department of Transportation (CalTrans):

Highway Planning and Construction 20.205 D2C8ARJZKDJ7 798,802 Total Department of Transportation Programs in Cluster 798,802 Total Highway Planning and Construction Cluster 798,802 Highway Safety Cluster
Department of Transportation:

Passed through the State of California Office of Traffic Safety:

State and Community Highway Safety 20.600 XCA4E3XL2KY7 90,309 Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 XCA4E3XL2KY7 188,766 National Priority Safety Programs 20.616 XCA4E3XL2KY7 6,147 Total Department of Transportation Programs in Cluster 285,222 Total Highway Safety Cluster 285,222
Other Programs
Department of Housing and Urban Development:

Direct Programs:

Home Investment Partnerships Program * 14.239 N/A 1,281,165 Total Department of Housing and Urban Development 1,281,165 Department of Justice:

Direct Programs:

Equitable Sharing Program 16.922 N/A 266,241
Justice Assistance Grant 16.738 N/A 30,808
Passed through the County of Orange:

COVID-19 - Coronavirus Emergency Supplemental Funding Program 16.034 GFFMCW9XDA53 17,772 Tobacco Grant Program 16.U01 GFFMCW9XDA53 64,719
Total Department of Justice 379,540
Department of the Treasury:

Direct Programs:

COVID-19 - Coronavirus State and Local Fiscal Recovery Funds * 21.027 N/A 14,009,094 Passed through the County of Orange:

COVID-19 - Coronavirus Relief Fund 21.019 GFFMCW9XDA53 459,659 Subtotal - Assistance Listing 21.019 459,659
Total Department of Housing and Urban Development Programs 14,468,753 Department of Homeland Security:

Passed through the County of Orange:

Emergency Management Performance Grants 97.042 GFFMCW9XDA53 20,708 Total Department of Homeland Security 20,708
Total Other Programs 16,150,166
Total Expenditures of Federal Awards $ 18,857,384
* Major Program
1 There was no federal awards expended in the form of noncash assistance and insurance in effect during the year. 2 No amounts were passed through to subrecipients during the year.

Grantor/Program or Cluster Title
Federal Grantor/Pass-Through
The notes to the schedule of expenditures of federal awards are an integral part of this schedule. 6 489

CITY OF ORANGE, CALIFORNIA

NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED JUNE 30, 2022
Note 1: Basis of Presentation
The accompanying Schedule of Expenditures of Federal Awards (the Schedule) includes the federal award activity of the City of Orange (the City) under programs of the federal government as well as federal financial assistance passed through other government agencies for the year ended June 30, 2022. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial statements of the City. The City’s reporting entity is defined in Note 1 of the notes to the City’s financial statements.

Note 2: Summary of Significant Accounting Policies
Expenditures reported on the Schedule are reported using the modified accrual basis of accounting for governmental funds and the accrual basis for proprietary funds, which is described in Note 1 of the notes to the City’s financial statements. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement.

Note 3: Indirect Cost Rate
The City has elected not to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance.

Note 4: Contingencies
Under the terms of federal and state grants, additional audits may be requested by the grantor agencies and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Such audits could lead to a request for reimbursement to the grantor agencies.
7 490

CITY OF ORANGE, CALIFORNIA

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

SECTION I - SUMMARY OF AUDITORS' RESULTS
Financial Statements
Type of auditors' report issued: Unmodified Opinion
Internal control over financial reporting:
 Material weaknesses identified? yes X no
 Significant deficiencies identified? yes X none reported Noncompliance material to financial
statements noted? X yes no
Federal Awards
Internal control over major programs:
 Significant deficiencies identified? yes X no
 Material weaknesses identified? yes X none reported
Type of auditors' report issued on compliance for major programs: Unmodified Opinion Any audit findings disclosed that are required to be
reported in accordance with Title 2 U.S. Code of
Federal Regulations (CFR) Part 200, Uniform
Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (Uniform
Guidance)? yes X no
Identification of major programs:

Assistance Listing Number(s) Name of Federal Program or Cluster

21.027 Coronavirus State and Local Fiscal Recovery Funds

14.239 Home Investment Partnership Program
Dollar threshold used to distinguish
between type A and type B program $750,000
Auditee qualified as low-risk auditee? X yes no
8 491

CITY OF ORANGE, CALIFORNIA

SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED)
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

SECTION II - FINANCIAL STATEMENT FINDINGS
Reference Number: 2022-001
Evaluation of Finding:

Noncompliance
Condition:

As part of our standard audit procedures, we examined the City’s compliance with laws, regulations, grant agreements, contracts, and bond covenants. It was identified as part of this examination that the City did not submit its audited financial statement for the fiscal year ended June 30, 2021 to the Electronic Municipal Market Access (EMMA) website by the deadline prescribed by the Bond Official Statement, which is a required continuing disclosure for the 2021 Taxable Pension Obligation Bonds.

Criteria:

Securities and Exchanges Commission (SEC) Rule 15c2-12 requires dealers, when underwriting certain types of municipal securities, to ensure that the state or local government issuing the bonds enters into an agreement to provide certain information to the Municipal Securities Rulemaking Board (MSRB) about the securities on an ongoing basis. These disclosures are made available to investors and the public on the MSRB’s EMMA website. Continuing disclosures provide updated financial or operating information about the state or local government that issued the bond, such as audited financial statements.

Pursuant to the Bond Official Statement for the 2021 Taxable Pension Obligation Bonds, the City has agreed to provide certain financial and operating data relating to the City by no later than March 31 of each year commencing March 31, 2022 to the MSRB’s EMMA website.

Cause of Condition:

The City has contracted with a third-party consultant to submit continuing disclosures for the 2021 Taxable Pension Obligation Bond, and consultant staff failed to submit the audited financial statements for the fiscal year ended June 30, 2021 to MSRB’s EMMA website when received from the City for submission. The City also did not have a review mechanism or procedure in place to verify that the consultant had completed the submission in a timely manner.

Effect or Potential Effect of Condition:

The City was not in compliance with the terms and conditions and covenants of the 2021 Taxable Pension Obligation Bond indenture and SEC Rule 15c2-12. However, as per the indenture, a failure by the City to comply with the provisions of the continuing disclosure requirement does not constitute an event of default.

Recommendation:

We recommend that the City develop procedures or a review mechanism to verify that continuing disclosures are submitted by the consultant in the manner prescribed by SEC Rule 15c2-12 and the 2021 Taxable Pension Obligation Bond’s Official Statement, including verifying through a search of the MSRB’s EMMA website after the audited financial statements have been issued but before the due date of March 31 that the continuing disclosure has been submitted by the consultant.

Management’s Response and Corrective Action:

The City will develop procedures or a review mechanism to verify that continuing disclosures are submitted by the consultant in the manner prescribed by SEC Rule 15c2-12 and the 2021 Pension Obligation Bond’s Official Statement including verifying through a search of the MSRB’s EMMA website after the audited financial statements have been issued but before the due date of March 31st, that the continuing disclosure has been submitted by the consultant.
9 492

CITY OF ORANGE, CALIFORNIA

SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED)
FOR THE FISCAL YEAR ENDED JUNE 30, 2022

SECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS No matters were reported.
10 493

CITY OF ORANGE
}-INANCE DIRECTOR (714J 7 4+2235 www.cityoforange.org FAXt (714) 714.2z5

SUMMARY SCHEDULE OF PRIOR YEAR FINDINGS ANO QUESTIONED COSTS FOR THE FISCAL YEAR ENDED JUNE 30,2021
Finding: 2021-001 : Description
Appropiiate corrective actions were taken; this finding is considered resolved and is not repeated in the fiscal year ended June 30, 2022.

ORANGE CIVIC CENTER
:. .lffiDON AECYtrO F^PEF
3OO E. CHAPMAN AVENUE oRANGE. CA 92866-',!508
11 494
Agenda Item
City Council
Item #: 3.25. 1/10/2023 File #: 22-0692
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorization to apply, accept, and execute agreement for Building Forward: Library Improvement Grant Program funds; and appropriation of $541,865 in designated grant funding received from California State Library. Resolution No. 11427.

2. SUMMARY
Resolution No. 11427 authorizes the application, acceptance, and execution of the agreement for Building Forward: Library Improvement Grant Program funds from the State of California Budget Act of 2021 (SB 129). Grant funds will be used toward three Orange Public Library facility improvement projects.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11427. A Resolution of the City Council of the City of Orange authorizing the application, acceptance, and execution of the agreement for Building Forward: Library Improvement Grant Program funds from the State of California Budget Act of 2021 (SB 129).

2. Accept into the City’s budget $541,865 in grant funds from California State Library into the following revenue account numbers in the General Fund:
$393,365 100.2001.45290.30216 - Building Forward Main Grant $ 89,375 100.2001.45290.30217 - Building Forward El Modena Grant $ 59,125 100.2001.45290.30218 - Building Forward Taft Grant

3. Authorize the appropriation of $541,865 into the following expenditure account numbers in the General Fund:
$393,365 500.2001.56020.30216 - Building Forward Main Grant $ 89,375 500.2001.56020.30217 - Building Forward El Modena Grant $ 59,125 500.2001.56020.30218 - Building Forward Taft Grant

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

5. STRATEGIC PLAN GOALS
City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 3.25. 1/10/2023 File #: 22-0692
Goal 3: Enhance and promote quality of life in the community. a) Refurbish, maintain, develop and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
The City of Orange has been awarded $541,865 in Building Forward: Library Improvement Grant Program funds for Fiscal Year 2022-2023 (FY23). California State Library has generously provided support for Orange Public Library facility improvement projects. The Building Forward: Library Improvement Grant Program is the largest investment in public library infrastructure in California history. First priority for grants was given to projects that address long-delayed critical life and safety facility needs, such as HVAC replacement, building security, seismic safety, and improved accessibility. The initial round of funding supports 234 projects in 172 cities across the state, including three projects in the City of Orange: Orange Public Library & History Center Critical Needs project; Orange Public Library El Modena Branch Critical Needs project; and Orange Public Library Taft Branch Critical Needs project.

The Orange Public Library & History Center Critical Needs project received $393,365 in funding. This project will replace the Library’s 30-year-old HVAC, which is nearing the end of its service life. The current HVAC unit is inefficient, and replacement parts are becoming difficult to locate, resulting in loss of control and uncomfortable temperatures for Library patrons, volunteers, and staff. The project will also replace the unreliable dumbwaiter elevator which transports surplus books to and from the basement for the Friends of the Library, whose proceeds from book sales are donated to the Library semi-annually. The dumbwaiter is nearing the end of its service life and often experiences downtime while waiting for a technician to schedule repair service. The project will also replace the automatic doors at the north and south public entrances of the Library. The doors often malfunction, either failing to open or close as designed, negatively impacting the Library’s air handling system and inconveniencing Library patrons, volunteers, and staff.

The Orange Public Library El Modena Branch Critical Needs project received $89,375 in funding.

This project will make improvements to the Library’s roof to restore its useful life and mitigate leaks into its interior spaces. The project will also replace the automatic doors at the Library’s entrance.

The doors periodically malfunction, either failing to open or close as designed, negatively impacting the Library’s air handling system and inconveniencing Library patrons, volunteers, and staff.

The Orange Public Library Taft Branch Critical Needs project received $59,125 in funding. To mitigate leaks into the Library’s interior spaces, this project will replace and reframe the Library’s windows, deteriorating due to ageing and vandalism. The project will also replace the automatic doors at the Library’s entrance. The doors periodically malfunction, either failing to open or close as designed, negatively impacting the Library’s air handling system and inconveniencing Library patrons, volunteers, and staff.

Per the requirements set forth in SB 129 (2021), the City of Orange must provide a Resolution authorizing the application, acceptance, and execution of the agreement for Building Forward: Library Improvement Grant Program funds, plus contribute $541,865 in matching funds toward these projects. Funds for most of these building improvements have already been earmarked and approved in the FY23 Budget’s Capital Improvement Program, including the following CIP Projects: Main Library Facility Improvements (#20461), Taft Library Facility Improvements (#20462), El Modena Library Facility Improvements (#20463), and HVAC Replacement - Library (#30056). Funding sources for these CIPs include Library Facility Fees, General Fund monies, and projected energy City of Orange Page 2 of 3 Printed on 1/5/2023
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Item #: 3.25. 1/10/2023 File #: 22-0692
savings related to an Energy Coalition Grant.

All funds must be spent by March 31, 2026.

7. ATTACHMENTS
· Resolution No. 11427
· Award Letter - Building Forward Main Library Grant
· Award Letter - Building Forward El Modena Library Grant · Award Letter - Building Forward Taft Library Grant
City of Orange Page 3 of 3 Printed on 1/5/2023
powered by Legistar™497
Agenda Item
City Council
Item #: 3.25. 1/10/2023 File #: 22-0692
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorization to apply, accept, and execute agreement for Building Forward: Library Improvement Grant Program funds; and appropriation of $541,865 in designated grant funding received from California State Library. Resolution No. 11427.

2. SUMMARY
Resolution No. 11427 authorizes the application, acceptance, and execution of the agreement for Building Forward: Library Improvement Grant Program funds from the State of California Budget Act of 2021 (SB 129). Grant funds will be used toward three Orange Public Library facility improvement projects.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11427. A Resolution of the City Council of the City of Orange authorizing the application, acceptance, and execution of the agreement for Building Forward: Library Improvement Grant Program funds from the State of California Budget Act of 2021 (SB 129).

2. Accept into the City’s budget $541,865 in grant funds from California State Library into the following revenue account numbers in the General Fund:
$393,365 100.2001.45290.30216 - Building Forward Main Grant $ 89,375 100.2001.45290.30217 - Building Forward El Modena Grant $ 59,125 100.2001.45290.30218 - Building Forward Taft Grant

3. Authorize the appropriation of $541,865 into the following expenditure account numbers in the General Fund:
$393,365 500.2001.56020.30216 - Building Forward Main Grant $ 89,375 500.2001.56020.30217 - Building Forward El Modena Grant $ 59,125 500.2001.56020.30218 - Building Forward Taft Grant

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

5. STRATEGIC PLAN GOALS
City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 3.25. 1/10/2023 File #: 22-0692
Goal 3: Enhance and promote quality of life in the community. a) Refurbish, maintain, develop and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
The City of Orange has been awarded $541,865 in Building Forward: Library Improvement Grant Program funds for Fiscal Year 2022-2023 (FY23). California State Library has generously provided support for Orange Public Library facility improvement projects. The Building Forward: Library Improvement Grant Program is the largest investment in public library infrastructure in California history. First priority for grants was given to projects that address long-delayed critical life and safety facility needs, such as HVAC replacement, building security, seismic safety, and improved accessibility. The initial round of funding supports 234 projects in 172 cities across the state, including three projects in the City of Orange: Orange Public Library & History Center Critical Needs project; Orange Public Library El Modena Branch Critical Needs project; and Orange Public Library Taft Branch Critical Needs project.

The Orange Public Library & History Center Critical Needs project received $393,365 in funding. This project will replace the Library’s 30-year-old HVAC, which is nearing the end of its service life. The current HVAC unit is inefficient, and replacement parts are becoming difficult to locate, resulting in loss of control and uncomfortable temperatures for Library patrons, volunteers, and staff. The project will also replace the unreliable dumbwaiter elevator which transports surplus books to and from the basement for the Friends of the Library, whose proceeds from book sales are donated to the Library semi-annually. The dumbwaiter is nearing the end of its service life and often experiences downtime while waiting for a technician to schedule repair service. The project will also replace the automatic doors at the north and south public entrances of the Library. The doors often malfunction, either failing to open or close as designed, negatively impacting the Library’s air handling system and inconveniencing Library patrons, volunteers, and staff.

The Orange Public Library El Modena Branch Critical Needs project received $89,375 in funding.

This project will make improvements to the Library’s roof to restore its useful life and mitigate leaks into its interior spaces. The project will also replace the automatic doors at the Library’s entrance.

The doors periodically malfunction, either failing to open or close as designed, negatively impacting the Library’s air handling system and inconveniencing Library patrons, volunteers, and staff.

The Orange Public Library Taft Branch Critical Needs project received $59,125 in funding. To mitigate leaks into the Library’s interior spaces, this project will replace and reframe the Library’s windows, deteriorating due to ageing and vandalism. The project will also replace the automatic doors at the Library’s entrance. The doors periodically malfunction, either failing to open or close as designed, negatively impacting the Library’s air handling system and inconveniencing Library patrons, volunteers, and staff.

Per the requirements set forth in SB 129 (2021), the City of Orange must provide a Resolution authorizing the application, acceptance, and execution of the agreement for Building Forward: Library Improvement Grant Program funds, plus contribute $541,865 in matching funds toward these projects. Funds for most of these building improvements have already been earmarked and approved in the FY23 Budget’s Capital Improvement Program, including the following CIP Projects: Main Library Facility Improvements (#20461), Taft Library Facility Improvements (#20462), El Modena Library Facility Improvements (#20463), and HVAC Replacement - Library (#30056). Funding sources for these CIPs include Library Facility Fees, General Fund monies, and projected energy City of Orange Page 2 of 3 Printed on 1/5/2023
powered by Legistar™499
Item #: 3.25. 1/10/2023 File #: 22-0692
savings related to an Energy Coalition Grant.

All funds must be spent by March 31, 2026.

7. ATTACHMENTS
· Resolution No. 11427
· Award Letter - Building Forward Main Library Grant
· Award Letter - Building Forward El Modena Library Grant · Award Letter - Building Forward Taft Library Grant
City of Orange Page 3 of 3 Printed on 1/5/2023
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RESOLUTION NO. 11427

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE AUTHORIZING THE

APPLICATION, ACCEPTANCE, AND EXECUTION

OF THE AGREEMENT FOR BUILDING
FORWARD: LIBRARY IMPROVEMENT GRANT

PROGRAM FUNDS FROM THE STATE OF
CALIFORNIA BUDGET ACT OF 2021 (SB 129).

WHEREAS, the Legislature and Governor of the State of California have provided funds for the Building Forward: Library Improvement Grant program; and WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City of Orange proposes to implement the Orange Public Library & History Center Critical Needs project, the Orange Public Library El Modena Branch Critical Needs project, and the Orange Public Library Taft Branch Critical Needs project; and WHEREAS, the City of Orange has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Orange intends to apply for grant funding from the California State Library for the Orange Public Library & History Center Critical Needs project, the Orange Public Library El Modena Branch Critical Needs project, and the Orange Public Library Taft Branch Critical Needs project;
NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Orange, with acknowledgement of the Orange Public Library, as follows:

1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Orange or designee is hereby authorized and directed to prepare and file an application for funding with the California State Library, and take such other actions necessary or appropriate to obtain grant funding.

2. The City of Orange or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto. 501
2 3. The City of Orange or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

4. The City of Orange certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained.

ADOPTED this ____ day of ____________________, 2023
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 , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 3.26. 1/10/2023 File #: 22-0726
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of temporary street closures for approved special events. Resolution No. 11430.

2. SUMMARY
The closure of City streets and parking lots, and suspension of neighborhood permit parking restrictions needed to support special events, require annual City Council action. A schedule of anticipated events, along with corresponding street and parking impacts, has been developed in conjunction with event sponsors, and is being submitted for approval.

3. RECOMMENDED ACTION

1. Adopt Resolution No.11430. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.

2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Years 2022-2023 and 2023- 2024.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

6. DISCUSSION AND BACKGROUND
In August 1997, City Council adopted a process for approving special events that involve closing the Plaza and adjacent public streets in a single action. The City Council-approved criteria allow the Plaza to be closed for special events for up to twenty days per year, with no more than twelve of those being either a Friday, Saturday, or Sunday. This year’s request includes Plaza closures of eleven days total, nine of which fall on Friday, Saturday, or Sunday.

For non-City events, cash deposits must be provided approximately thirty days prior to each event date. Failure to do so subjects an event to cancellation. In addition, the event sponsor must also City of Orange Page 1 of 5 Printed on 1/5/2023
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obtain a special event permit from the Community Development Department.

The City’s Annual 3rd of July event will continue to be held at Grijalva Park in 2023.

Provided below is the schedule of anticipated events from February 2023 through February 2024.

Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

April 16, 2023 Orange Plaza Car Show - Rotary Club of Orange Plaza Plaza Closure from 2:00 a.m. to 9:00 p.m. Temporary
Suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A
May 6, 2023 May Parade - Chamber of Commerce
Closure, from 4:00 a.m. to 1:00 p.m., of the following: The Plaza; Chapman Avenue from Cambridge Street to Cypress
Street; Pine, Harwood, and Shaffer Streets from Maple
Avenue to Almond Avenue; Cleveland Street from Maple
Avenue to Chapman Avenue; Center Street from Chapman
Avenue to Almond Avenue; Grand Street from Maple
Avenue to Chapman Avenue; Orange Street from Maple
Avenue to Almond Avenue; Glassell Street from Maple
Avenue to Washington Avenue; Olive Street from Maple
Avenue to Almond Avenue; Lemon Street from Maple
Avenue to Almond Avenue; and Cypress Street from Maple
Avenue to Almond Avenue.

September 1-3, 2023 Orange International Street Fair, Inc.

Plaza Closure from 2:00 a.m. Thursday- August 31, 2023
through 7:00 a.m. Monday - September 4, 2023 Closure of Municipal Parking Lots 1 and 2 Temporary Suspension of
Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A.

October 26-27, 2023 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October 26,
2023 5 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League (thirteen spaces) Thursday, October 26, 2023, 5:00 a.m. - Friday, October 27, 2023 12 p.m.; Temporary suspension of
Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 26, 2023; Full Plaza closure
Thursday, October 26, 2023, 1:00 p.m. - 11:30 p.m.

Chapman Avenue to be closed from Lemon Street easterly
to Grand Street; Glassell Street from Almond Avenue
northerly to Maple Avenue; Temporary suspension of Permit PkiRtitiAd thOld Tll d
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Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A.

October 26-27, 2023 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October 26,
2023 5 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League (thirteen spaces) Thursday, October 26, 2023, 5:00 a.m. - Friday, October 27, 2023 12 p.m.; Temporary suspension of
Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 26, 2023; Full Plaza closure
Thursday, October 26, 2023, 1:00 p.m. - 11:30 p.m.

Chapman Avenue to be closed from Lemon Street easterly
to Grand Street; Glassell Street from Almond Avenue
northerly to Maple Avenue; Temporary suspension of Permit Parking Restrictions, Around the Old Towne area, all day Thursday, October 26, 2023.

December 1-4, 2023 Tree Lighting Ceremony & Candlelight Choir Procession - Community Services
Plaza Closure, Sunday, December 3, 2023, 3:00 a.m.-11:30 p.m. Northeast quadrant of the Plaza will remain closed until 10:00 a.m., Monday, December 4, 2023; Saturday,
December 2, 2023, 5:00 a.m. - Monday, December 4, 2023, 12:00 p.m. Closure of one row of parking in Municipal Lot 2 behind Assistance League (thirteen spaces); Closure of
entire south Almond lot from Friday, December 1, 2023
6:00 a.m. - Monday December 4, 2023, 8:00 a.m. Temporary suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A, all day
Sunday, December 3, 2023; Temporary suspension of
Permit Parking Restrictions Old Towne area, all day Sunday, December 3, 2023.

Street Closure
July 3, 2023 3rd of July Celebration - Community Services Closure of North Prospect Street from Walnut Avenue to Spring Street with local access to Cambridge Creek residents from 9:00 am - 11:00 pm Monday, July 3, 2023. Walnut Avenue will be closed from North Prospect Street to Grijalva Park with limited access, and North McPherson Road will be closed from East Pearl to Grijalva Park 9:00 a.m. - 11:00 p.m., Monday, July 3, 2023; Closure of Spring Street from
Prospect Street to McPherson Road closure: Friday, June 30, 2023. 6:30 a.m.-Monday, July 3, 2023, 11 p.m.;
Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Monday, July 3, 2023.

November 11, 2023 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Saturday, November 11, 2023 from
10:00 a.m. to 5:00 p.m.

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30, 2023. 6:30 a.m.-Monday, July 3, 2023, 11 p.m.;
Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Monday, July 3, 2023.

November 11, 2023 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Saturday, November 11, 2023 from
10:00 a.m. to 5:00 p.m.

Suspend Permit Parking
February 15, 2023 Orange Blossom - Orange High School
Chapman University Neighborhood Permit Parking Area A
May 19-21, 2023 Baccalaureate & Commencement- Chapman University Chapman University Neighborhood Permit Parking A
May 24, 2023 Awards of Excellence - Orange High School
Chapman University Neighborhood Permit Parking Area A
May 31, 2023 AVID Awards Ceremony - Orange High School
Chapman University Neighborhood Permit Parking Area A
June 7-8, 2023 Graduation - Orange Unified School District El Modena High School/Fred Kelly Stadium Permit Parking Areas D & G West side of McPherson Road between Spring
Street & Pearl Street. (Adjacent to Grijalva Park at Santiago Creek)
August 21-22, 2023 Student Move-In Day - Chapman University Freshman Class Student Move-In Day Chapman University
Neighborhood Permit Parking A
November 3-5, 2023 Holiday Memories- Old Towne Orange Plaza Merchants Temporary Suspension of Permit Parking Restrictions
Chapman University Neighborhood Permit Parking A
Municipal Parking Lot Closure and Street Parking
Taste of Orange - Assistance League of Orange
May 7, 2023 Closure of Municipal Parking Lot 2, adjacent to 124 S Orange Street Authorization to direct attendees to Municipal Parking Lots 1,3,4,5,6,7,8,9,11,12, and 13 Dedicated onstreet parking east and west side of South Orange Street (Adjacent to Municipal Lot 2 for Taste of Orange vendors only) 12pm to 8pm
Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 15-21, 2023 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four City of Orange parking stalls in the northeast corner of Parking Lot 2 Page 4 of 5 Printed on 1/5/2023 powered by Legistar™512
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(Adjacent to Municipal Lot 2 for Taste of Orange vendors only) 12pm to 8pm
Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 15-21, 2023 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2

7. ATTACHMENTS
· Resolution No. 11430
· Map of Municipal Parking Lots
· Map of Permit Parking Area A
· Map of Permit Parking Area D & G
· Site Sketch of South Orange Street at Assistance League Building · Letters of Request
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Agenda Item
City Council
Item #: 3.26. 1/10/2023 File #: 22-0726
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of temporary street closures for approved special events. Resolution No. 11430.

2. SUMMARY
The closure of City streets and parking lots, and suspension of neighborhood permit parking restrictions needed to support special events, require annual City Council action. A schedule of anticipated events, along with corresponding street and parking impacts, has been developed in conjunction with event sponsors, and is being submitted for approval.

3. RECOMMENDED ACTION

1. Adopt Resolution No.11430. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.

2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Years 2022-2023 and 2023- 2024.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

6. DISCUSSION AND BACKGROUND
In August 1997, City Council adopted a process for approving special events that involve closing the Plaza and adjacent public streets in a single action. The City Council-approved criteria allow the Plaza to be closed for special events for up to twenty days per year, with no more than twelve of those being either a Friday, Saturday, or Sunday. This year’s request includes Plaza closures of eleven days total, nine of which fall on Friday, Saturday, or Sunday.

For non-City events, cash deposits must be provided approximately thirty days prior to each event date. Failure to do so subjects an event to cancellation. In addition, the event sponsor must also City of Orange Page 1 of 5 Printed on 1/5/2023
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Item #: 3.26. 1/10/2023 File #: 22-0726
obtain a special event permit from the Community Development Department.

The City’s Annual 3rd of July event will continue to be held at Grijalva Park in 2023.

Provided below is the schedule of anticipated events from February 2023 through February 2024.

Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

April 16, 2023 Orange Plaza Car Show - Rotary Club of Orange Plaza Plaza Closure from 2:00 a.m. to 9:00 p.m. Temporary
Suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A
May 6, 2023 May Parade - Chamber of Commerce
Closure, from 4:00 a.m. to 1:00 p.m., of the following: The Plaza; Chapman Avenue from Cambridge Street to Cypress
Street; Pine, Harwood, and Shaffer Streets from Maple
Avenue to Almond Avenue; Cleveland Street from Maple
Avenue to Chapman Avenue; Center Street from Chapman
Avenue to Almond Avenue; Grand Street from Maple
Avenue to Chapman Avenue; Orange Street from Maple
Avenue to Almond Avenue; Glassell Street from Maple
Avenue to Washington Avenue; Olive Street from Maple
Avenue to Almond Avenue; Lemon Street from Maple
Avenue to Almond Avenue; and Cypress Street from Maple
Avenue to Almond Avenue.

September 1-3, 2023 Orange International Street Fair, Inc.

Plaza Closure from 2:00 a.m. Thursday- August 31, 2023
through 7:00 a.m. Monday - September 4, 2023 Closure of Municipal Parking Lots 1 and 2 Temporary Suspension of
Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A.

October 26-27, 2023 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October 26,
2023 5 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League (thirteen spaces) Thursday, October 26, 2023, 5:00 a.m. - Friday, October 27, 2023 12 p.m.; Temporary suspension of
Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 26, 2023; Full Plaza closure
Thursday, October 26, 2023, 1:00 p.m. - 11:30 p.m.

Chapman Avenue to be closed from Lemon Street easterly
to Grand Street; Glassell Street from Almond Avenue
northerly to Maple Avenue; Temporary suspension of Permit PkiRtitiAd thOld Tll d
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Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A.

October 26-27, 2023 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October 26,
2023 5 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League (thirteen spaces) Thursday, October 26, 2023, 5:00 a.m. - Friday, October 27, 2023 12 p.m.; Temporary suspension of
Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 26, 2023; Full Plaza closure
Thursday, October 26, 2023, 1:00 p.m. - 11:30 p.m.

Chapman Avenue to be closed from Lemon Street easterly
to Grand Street; Glassell Street from Almond Avenue
northerly to Maple Avenue; Temporary suspension of Permit Parking Restrictions, Around the Old Towne area, all day Thursday, October 26, 2023.

December 1-4, 2023 Tree Lighting Ceremony & Candlelight Choir Procession - Community Services
Plaza Closure, Sunday, December 3, 2023, 3:00 a.m.-11:30 p.m. Northeast quadrant of the Plaza will remain closed until 10:00 a.m., Monday, December 4, 2023; Saturday,
December 2, 2023, 5:00 a.m. - Monday, December 4, 2023, 12:00 p.m. Closure of one row of parking in Municipal Lot 2 behind Assistance League (thirteen spaces); Closure of
entire south Almond lot from Friday, December 1, 2023
6:00 a.m. - Monday December 4, 2023, 8:00 a.m. Temporary suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A, all day
Sunday, December 3, 2023; Temporary suspension of
Permit Parking Restrictions Old Towne area, all day Sunday, December 3, 2023.

Street Closure
July 3, 2023 3rd of July Celebration - Community Services Closure of North Prospect Street from Walnut Avenue to Spring Street with local access to Cambridge Creek residents from 9:00 am - 11:00 pm Monday, July 3, 2023. Walnut Avenue will be closed from North Prospect Street to Grijalva Park with limited access, and North McPherson Road will be closed from East Pearl to Grijalva Park 9:00 a.m. - 11:00 p.m., Monday, July 3, 2023; Closure of Spring Street from
Prospect Street to McPherson Road closure: Friday, June 30, 2023. 6:30 a.m.-Monday, July 3, 2023, 11 p.m.;
Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Monday, July 3, 2023.

November 11, 2023 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Saturday, November 11, 2023 from
10:00 a.m. to 5:00 p.m.

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30, 2023. 6:30 a.m.-Monday, July 3, 2023, 11 p.m.;
Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Monday, July 3, 2023.

November 11, 2023 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Saturday, November 11, 2023 from
10:00 a.m. to 5:00 p.m.

Suspend Permit Parking
February 15, 2023 Orange Blossom - Orange High School
Chapman University Neighborhood Permit Parking Area A
May 19-21, 2023 Baccalaureate & Commencement- Chapman University Chapman University Neighborhood Permit Parking A
May 24, 2023 Awards of Excellence - Orange High School
Chapman University Neighborhood Permit Parking Area A
May 31, 2023 AVID Awards Ceremony - Orange High School
Chapman University Neighborhood Permit Parking Area A
June 7-8, 2023 Graduation - Orange Unified School District El Modena High School/Fred Kelly Stadium Permit Parking Areas D & G West side of McPherson Road between Spring
Street & Pearl Street. (Adjacent to Grijalva Park at Santiago Creek)
August 21-22, 2023 Student Move-In Day - Chapman University Freshman Class Student Move-In Day Chapman University
Neighborhood Permit Parking A
November 3-5, 2023 Holiday Memories- Old Towne Orange Plaza Merchants Temporary Suspension of Permit Parking Restrictions
Chapman University Neighborhood Permit Parking A
Municipal Parking Lot Closure and Street Parking
Taste of Orange - Assistance League of Orange
May 7, 2023 Closure of Municipal Parking Lot 2, adjacent to 124 S Orange Street Authorization to direct attendees to Municipal Parking Lots 1,3,4,5,6,7,8,9,11,12, and 13 Dedicated onstreet parking east and west side of South Orange Street (Adjacent to Municipal Lot 2 for Taste of Orange vendors only) 12pm to 8pm
Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 15-21, 2023 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four City of Orange parking stalls in the northeast corner of Parking Lot 2 Page 4 of 5 Printed on 1/5/2023 powered by Legistar™517
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(Adjacent to Municipal Lot 2 for Taste of Orange vendors only) 12pm to 8pm
Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 15-21, 2023 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2

7. ATTACHMENTS
· Resolution No. 11430
· Map of Municipal Parking Lots
· Map of Permit Parking Area A
· Map of Permit Parking Area D & G
· Site Sketch of South Orange Street at Assistance League Building · Letters of Request
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RESOLUTION NO. 11430

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE APPROVING THE

TEMPORARY CLOSURE OF SECTIONS OF

PUBLIC STREETS FOR APPROVED SPECIAL
EVENTS.

WHEREAS, Vehicle Code Section 21101(e) authorizes cities to close portions of streets for celebrations and local special events when, in the opinion of the City Council, the closure is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closure; and
WHEREAS, the City’s Community Services Department, Orange Chamber of Commerce, Orange International Street Fair, Inc., and Rotary Club of Orange Plaza have requested temporary street closures to accommodate several special events in the streets.

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

ORANGE PLAZA CAR SHOW – ROTARY CLUB OF ORANGE PLAZA:

Section I:

That Chapman Avenue be closed from Grand Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 4:00 A.M. to 6:00 P.M. on Sunday, April 16, 2023.

Section II:

That before said closure shall occur, Rotary Club of Orange Plaza shall comply with all terms and conditions contained in the preapproved Agreement Section III:

That Rotary Club of Orange Plaza shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.

MAY PARADE – ORANGE CHAMBER OF COMMERCE:

Section I:

That Chapman Avenue be closed from Cambridge Street to Cypress Street; that Pine, Harwood, and Shaffer Streets be closed from Maple Avenue to Almond Avenue; that Cleveland Street be closed from Maple Avenue to Chapman Avenue; that Center Street be closed from 519
Reso. No. 11430 2 MEB
Chapman Avenue to Almond Avenue; that Grand Street be closed from Maple Avenue to Chapman Avenue; that Orange Street be closed from Maple Avenue to Almond Avenue; that Glassell Street be closed from Maple Avenue to Washington Avenue; that Olive Street be closed from Maple Avenue to Almond Avenue; that Lemon Street be closed from Maple Avenue to Almond Avenue; and that Cypress Street be closed from Maple Avenue to Almond Avenue from 5:00 A.M. to approximately 1:00 P.M. on Saturday, May 6, 2023.

Section II:

That before said closure shall occur Orange Chamber of Commerce shall comply with all terms and conditions contained in the preapproved Agreement.

Section III:

That Orange Chamber of Commerce shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.
3 RD OF JULY CELEBRATION – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That North Prospect Street be closed from Walnut Avenue to Spring Street with local access to Cambridge Creek residents; that Walnut Avenue be closed from North Prospect Street to Grijalva Park with limited access; that Spring Street be closed from Prospect Street to McPherson Road; and that North McPherson Road be closed from Grijalva Park to East Pearl Avenue from 9:00 A.M. to 11:00 P.M. on Monday, July 3, 2023.

Section II:

That before said closure shall occur, the Community Services Department, with assistance from Orange Police and Public Works Departments, shall provide all signing, barricades, and traffic control necessary for the closure acceptable to the City.

Section III:

That before said closure shall occur, the Community Services Department shall notify area businesses, residents, and HOAs of the event, temporary street closure, and secondary access point in accordance with the Police Department’s directions.

ORANGE INTERNATIONAL STREET FAIR, INC.:

Section I:

That Chapman Avenue be closed from Grand Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 3:00 A.M. on Thursday, August 31, 2023, through 6:00 A.M. on Monday, September 4, 2023.
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Reso. No. 11430 3 MEB
Section II:

That before said closure shall occur, Orange International Street Fair, Inc. shall comply with all terms and conditions contained in the preapproved Agreement.

Section III:

That Orange International Street Fair, Inc. shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.

TREATS IN THE STREETS AUTUMN FESTIVAL – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That the southeast quadrant of the Plaza be closed from 5:00 A.M. to 11:30 P.M. on Thursday, October 26, 2023.

Section II:

That Chapman Avenue be closed from Grand Street to Lemon Street, and that Glassell Street be closed from Maple Avenue to Almond Avenue from 1:00 P.M. to 11:30 P.M. on Thursday, October 26, 2023.

Section III:

That before said closure shall occur, the Community Services Department, with assistance from Orange Police and Public Works Departments, shall provide all signing, barricades, and traffic control necessary for the closure acceptable to the City.

Section IV:

That the Community Services Department shall notify area residents, businesses, and OCTA of the event and temporary street closure and parking removal in accordance with the Police Department’s directions.

VETERANS TRIBUTE – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That Atchison Street be closed from Maple Avenue to Chapman Avenue from 10:00 A.M. to 5:00 P.M. on Saturday, November 11, 2023.
521
Reso. No. 11430 4 MEB
Section II:

That before said closure shall occur, the Community Services Department, with assistance from Orange Police and Public Works Departments,shall provide all signing, barricades and traffic control necessary for the closure acceptable to the City.

Section III:

That the Community Services Department shall notify Streamliner Lounge and OCTA of the event and temporary street closure and parking removal in accordance with the Police Department’s directions.

TREE LIGHTING CEREMONY & CANDLELIGHT PROCESSION – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That the northeast quadrant of the Plaza be closed from 3:00 A.M. Sunday, December 3, 2023, until 10:00 A.M. on Monday, December 4, 2023.

Section II:

That Chapman Avenue be closed from Grant Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 3:00 A.M. to 11:30 P.M., Sunday, December 3, 2023.

Section III:

That before said closure shall occur, the Community Services Department with assistance from Orange Police and Public Works Departments shall provide all signing, barricades, and traffic control necessary for the closure acceptable to the City.

Section IV:

That the Community Services Department shall notify area residents, businesses, and OCTA of the event and temporary street closure and parking removal in accordance with the Police Department’s direction.

ADOPTED this ____ day of _____________________, 2023
___________________________________
Daniel R. Slater, Mayor, City of Orange
ATTEST:
________________________________________
Pamela Coleman, City Clerk, City of Orange
522
Reso. No. 11430 5 MEB
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the ____ day of _____________________, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
523
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525
526
527
Rotary#
0range Plaza Rotary
P.0. Box 1591
Orange, CA 92856
Club of Orange Plaza i nf o@ora n g eplazar olary .org
November t8,2o2t
Mr. FlanciscoVasquez
c/o Public Works Deparmmt
3oo E. ChapmanAvenue
Orange, C,Agz866
Dear Mr. Vasques,
Per your reques! we &$e submitting in writing the following date for the Annual Orange Plaza Car Show:

Sundan April ro, zoze
For future discussions and contracts, we arre interested in the following dates:

Sunday,April t6,zozg
Sunday, April zr, zoz4
Sunday,April 1g,2o2S
Sundan April r9, zoz6
Please let me }oow if you have any qtrestions.

Yours in Itotary Service,
Car Chairman
Rotary Club of Orange Plaza
528
G/,
@lSF oRANGE TNTERTIATToNAL STREET FArR, rNC.

Nov 22tl' ,2022
Honorable Mayor and Members of the City Council,
The Orange International Street Fair Inc. respectfully requests permission to hold the 5l't annual Orange International Street Fair in the Old Towne Plaza District on September 1't through September 3'd , 2023. and use the public parking lots of 100 block of S. Orange St. (behind the Army Navy store) and the 100 block of S. Olive St. (between Chapman and Almond) These lots are utilized for OISF operations, vending, sponsor supply trucks, and City Support Services.

We request permission to close the event grounds (Exhibit A) at 3am Thursday August 3l't 2023 to allow adequate time for event setup.

Our event supports over 50 of our community's organizations, making it possible for them to operate various community service programs throughout the year. Our Board and Committee are comprised of volunteers from the community who donate hundreds of hours each year to see this event succeed.

On behalf of the Board of Directors and the entire Orange International Street Fair Committee, I would like to take this opportunity to thank the City Council for the generous support it has given over the last 50 years. Without this support, it would not be possible for a greatly successful event year after year.

Sincerely
Adam Feliz
President
Orange International Street Fair, Inc.

CIC: OISF Board of Directors
I l2 E. Chapman Ave Suite G I Orange, CA 92866 l'714.633.4816 | www.oransestreetfair.orq t
Request Letter 21112014 12:20:29 PM
1t1
529
City of Orange
Community Services Department
Recreation Division
Memo
To: FranciscoVasqueaAdministativeAssistant
From: Ashley Taylor, Recreation Serices Supovisor
Date: December 16,2022
Re: 2023 Community Senrices Steet & Plaza Closure Requests 2023 Community Services Street/Plzza Closures & Parking Suspension Requests Grijalva Park at Santiaso Creek
*Temporary suspension of permit parking
restrictions within Permit Parking Areas "D"
& "G"
Temporary closure of Spring Street at the
Grijalva Park entrance.

Temporary closure of North Prospect Street
from Walnut Avenue to Spring Street with
local access for Cambridge Creek residents.

Temporary closure of Walnut Avenue from
North Prospect to Grijalva Park with limited
access.

Temporary closure of North McPherson Road
from E. Pearl Avenue to Griialva Park.

Monday, July 3
4-9p.m.

Permit Parking
suspension:

All day,
Monday, July 3
Spring Street from
Prospect Street to
McPherson Road closure:

Friday, June 30
6:30 a.m. -
Monday, July 3
11p.m.

North Prospect Street/
Walnut AvenueA.,lorth
McPherson Road closures
Monday, July 3
9a.m.- I I p.m.
3'd of July
Celebration
Thursday, October 26
4 -7 p.m.

SE quadrant closure:

Thursday, October 26
5 a.m. - 11:30 p.m.

Closure of the Southeast quadrant of the Plaza
*** Temporary suspension of Chapman
University Neighborhood Permit Parking Area
A
Thursday, October 26
4-7 p.m.

One row- Municipal lot #2
Thursday, October 26
5 a.m. - Friday, October
27,12p.m.

Treats in the
Streets
Autumn Festival
Closure of one row of parking in **Municipal
Lot#2 behind Assistance League (13 spaces)
Page I of2
Event Location Event Date & Time Closure/Susnension Time 530
Closure of the Plaza including all four spoke
streets. Chapman Avenue to be closed from
Lemon Street easterly to Grand Street;
Glassell Street from Almond Avenue
northerly to Maple Avenue.

Temporary suspension of permit parking
around the Old Towne area.

Thursday, October 26
4 7 p.m.

Plaza Closure:

Thursday, October 26
I - 11:30 p.m.

Permit parking
suspension:

All day
Thursday, October 26
Veterans Day
Tribute
Temporary closure of Atchison Street from
Chapman Avenue to Maple Avenue.

Saturday, November
ll
2-3p.m.

Atchison St. closure:

Saturday, November l1
l0a.m.-5p.m.

Tree Lighting
Ceremony and
Candlelight
Choir
Procession
Closure of one row of parking in xxMunicipal
Lot#2 behind Assistance League (13 spaces)
Sunday, December 3
3:30 - 7 p.m.

Saturday, December 2
5 a.m.-Monday,
December 4, 12 p.m.

Tree Lighting
Ceremony and
Candlelight
Choir
Procession
Closure of the Plaza including all four spoke
streets. Chapman Avenue to be closed from
Lemon Street easterly to Grand Street;
Glassell Street from Almond Avenue
northerly to Maple Avenue.

Temporary suspension of permit parking
around the Old Towne area.
**:t Temporary suspension of Chapman
University Neighborhood Permit Parking Area
A
Sunday, December 3
3:30 - 7 p.m.

Plaza closure:

Sunday, December 3
3 a.m. - 11:30 p.m.
(Northeast quadrant will
remain closed until l0
a.m. Monday, December
4).

Permit parking
suspension:

All day
Sunday, December 3
Tree Lighting
Ceremony and
Candlelight
Choir
Procession
Closure of the south Almond St. parking lot. Sunday, December 3 3:30 - 7 p.m.

Parking Lot closure:

Friday, December I
6 a.m. - Monday,
December 4, 8 a.m.
* Attachment: Parking suspension map for permit parking areas "D" & *G" ** Attachment: Public Parking Lots in Downtown Orange for MunicipalLot#Z *** Attachment: Chapman University Neighborhood Permit Parking Area A Cc Leslie Hardy, Community Services Director
Emily Bustamante, Assistant Community Services Director Danielle Y aladez, Recreation Services Manager
Page2 of?
531

ORANGE HIGH SCHOOL
525 North Shaffer Street, Orange, Califbmia92867
Telephone: 7 I 4 -997 -621 I
Principal Sheryl Anderson-Glass
November 30,2022
Traffi c Engineer Division
300 E. Chapman Avenue
Orange, Ca. 92866
Attention: Francisco Vasquez
Orange High School requests a "suspension of Permit Parking" be implemented for the areas surrounding the school during year-end activities. The year-end activities are as follows:
o Wednesday: May 24,2023, ftom 6:00 to 8:00 pm - Awards of Excellence . Wednesday: May 31,2023, from 6:00 to 8:00 pm - AVID Awards ceremony o Wednesday: February 15,2023, from 5:30 to 7;00 pm - Orange Blossom Please confirm our request by mail or phone. You can reach me at (714) 997 -6218.

Sincerely,
Brenda Ochoa
[email protected].

Assistant Principal
Orange High School

ORANGE UNIFIED SCHOOL DISTRICT
532
X ES,+EMfr.U I
nr,',c
'AFETY
Oxe Uxrvsrsrrv DuvE
ORAN6E, CAUFoRNT^ 92E66
www.cHAPM]\N.EDU/PUaucsaFETY
November 29, 2022
Directot Public Works
City of Orange
300 E. Chapman Ave.

Orange, CA 92866-7597
Dear Public Works Representative,
Thank you, as always, for your help and support.

Respectfully,
Dr. Ricardo Gonzalez
Chief of Public Safety
7 r4)7 44-7 68s
Deportnert of Public Solay
(7 14) 97 -6763 , Eax: (7 14) 7 U-7863
On the weekend of May 79-21,2023, Chapman University will be holding its annual Baccalaureate and Commencement exercises at the Orange main campus. We are expecting approximately 10,000 guests over the three days for the various ceremonies.

Although we provide extensive instruction and ample parking many first time visitors may inadvertently park on a street that requires a permit adjacent to the residence life area. For that reason, we are submitting our traditional reques! asking that the parking permit requirement be lifted from Friday, May 19 through Sunday , May 2l,2023.

Additionally, we would like to request a suspension for Move in Day on Monday, August 21 and Tuesday, August 22,2023, for similar reasons.
533
Tricia De! Rio
From:

Sent:

To:

Subject:

Angel, Heriberto < [email protected]>
Wednesday, December 14,2022 2:53 PM
Francisco Vasquez
RE: 2nd Notice Suspension of Permit Parking for 2023 High School Commencement Ceremonies
Good afternoon Francisco,
Orange USD would like to request the suspension of Permit Parking during our 2023 High School Commencement Ceremonies at Fred Kelly Stadium on the following dates:
o Wednesday, June 7 and Thursday, June 8 from 9AM-11PM
Please let me know if you have any questions. Thank you.

Heriberto Angel
Executive Director, Student & Community Services
Orange Unified School District
(714) 628-s424
"Providing the EDGE to our students and community, ond to those who serve them" From: Fra ncisco Vasquez <fuasq uez@cityofora nge.org>
Sent: Thursday, December 8,202212:14 PM
To: Angel, Heriberto <[email protected]>
Subject: 2nd Notice Suspension of Permit Parking for 2023 High School Commencement Ceremonies Good afternoon Mr. Angel,
We're beginning the process for next year's request to the Orange City Council for street closures and permit suspensions.

Please send your letter of request for suspension of Permit Parking during the 2023 High School Commencement Ceremonies at Fred Kelly Stadium by December 14, 2022.

Please list specific dates and times for this request.
1 =lc
Let me know if you have any questions
534
Thank you.

Francisco Vasquez
Administrative Assistant
Public Works Department
1714) 744-s537
E-moil correspondence, along with ony ottochments, moy be subject to the Californio Public Records Act; ond as such may be subject to public disclosure unless otherwise exempt under the Act. 2 535
Onar
Prn za Ma,nxETING Gnoup
134 SOUTH GLASSELL ST - ORANGE, CA 99866 - 714t77',|-6919 t2 - t7 -2t
Franciso Vasquez
City of Orange - Public Works Department
300 East Chapman Ave.

Orange, CA 92866
Dear Franciso.

On behalf of the Old Towne Orange Plaza merchants,
I respectfully request the suspension of permit parking in the Old Towne Orange Plaza district for the four
upcoming Plaza Retail Events, as follows:

Old Towne Orange "Antique Affair" 2022
Sat, Sun & Mon, Feb 19,20 & 2I.2022
Old Towne Oranse "Holidav Memories" 2022
Fri, Sat & Sun, Nov 4, 5 & 6,2022
Old Towne Orange "Antique Affair" 2023
Sat, Sun & Mon, Feb 18, 19 & 20.2023
Old Towne Orange "Holiday Memories" 2023
Fri, Sat & Sun, Nov 3, 4 & 5,2023
Your consideration and support of this request is
much appreciated!
Sincerely,
/*t L>'
Mi(e Escobedo
Find out What's Happening in tou,n at: .. rr.*.OrangeReview..on, 536
N
B
December 7,2022
Special Events Permit
City of Orange
300 E. Chapman Ave
Orange, CA 92866
To Whom it May Concern:

The Orange Blossoms Auxiliary, an Auxiliary of Assistance League" of Orange is requesting the closure and usage of the public parking lot located adjacent to our chapter house at 124 S.

Orange Street for the purpose of holding our annual fundraising event, "Taste of Orange". ln our eleventh year, the Taste of Orange has grown substantially but we are not making any changes to the footprint of the event, instead we are limiting the number of tickets sold.

We have attached a map of how we would like the parking lot divided for the event with markings to indicate fencing, emergency exits, flow of attendees, tents, stage, tables and potential location for porta-pottys. We have increased the size of the event to allow for a designated child-friendly area and a better location for the porta-pottys. Like our last event in 2022, we are asking that the entire parking lot be included in the "No Parking" restrictions. ln addition, we are requesting the parking spaces on the East and West side of Orange Street, directly adjacent to the event be blocked off for vendor parking from 12pm-8pm. This parking restriction will be after church services at the adjacent church and should not affect them, but we will coordinate any possible issues with them in advance of the event.

Assistance League@ of Orange . '124 South Orange Street. Orange, CA 92866 Phone: 714-532-5800 . FAX: 714-532-5805 . www.OrangeBlossomSALO.org GE
MS
RA
SS
At
Date: Sunday, May 7, 2023
Time: Event time is 3pm to 7pm & Set-up time is 6am to 3pm & Clean-up is 7pm to 9pm Location: 124 S. Orange Street, Orange, CA 92866
Purpose: Fundraising event for Orange Blossoms Auxiliary Activities: Food tastings, silent auction, opportunity drawings & live entertainment Anticipated Number of Participants: 750
Also as we did in 2022, we have included further details below:
* Flow of People - as indicated on the map, all attendees will enter through the front door of our chapter house and walk through our building, on to our patio, and then enter lhe outdoor fenced in area. The parking lot area will be completely fenced in with 6 foot tall fences so no people will be able to sneak in to the event. At the end of the event, the emergency exits will be opened to allow attendees to exit and vendors to breakdown their booths * Security Plan - each attendee will be given a wristband at check in that they will be required to wear for the duration on the event. As stated previously, the parking lot area will be completely fenced in with 6 foot tall fences so no individuals will be able to sneak in to the event and nothing can be passed over the fence line. ln addition, we will have a representative from our organization stationed at each emergency exit to ensure that it is 537
AL
B
not opened without authorization as well as individuals roaming the crowd to ensure each person present has a wristband.
* Parking Plan - we will have a sign on each corner to direct attendees to street parking as well as the city owned public parking lots located closest to our chapter house. As these are all city owned lots, we are requesting permission to direct attendees to the following public parking lots located at:
o N. Orange & E. Maple - 2 lots adjacent to each other
o S. Olive betvveen Chapman & E. Almond
o S. Grand between Chapman & E. Almond - 2 lots adjacent to each other o N. Center just north of Chapman
o S. Center & E. Almond
. ln addition to signage, we will have a detailed list of parking options in the area available on our website for the event and will be actively encouraging people to carpool.
o For vendors & volunteers, we are also requesting permission for them to park on S.

Orange St immediately adjacent to the event.

We greatly appreciate all the assistance you have given us to ensure our event is a success.

Please let us know if we have omitted any pertinent information to take the next steps in obtaining city approval and our special events permit.

Sincerely yours,
l/rdl fo*uct
Wendi Forrest
Taste of Orange Chairman
Orange Blossoms Auxiliary
Mobile (3'10) 709-4037
Assistance League@ of Orange. 124 South Orange Street. Orange, CA 92866 Phone: 714-532-5800 . FAX: 7'14-532-5805. www.OrangeBlossomsALO.org RANGE
SSOMS
538
539
Agenda Item
City Council
Item #: 4.1. 1/10/2023 File #: 23-0006
TO: Members of the City Council
FROM: Mayor Dan Slater

1. SUBJECT
City Council Reorganization.

2. SUMMARY
Conduct reorganization by selecting a Mayor pro tempore.

3. RECOMMENDED ACTION
Select a Mayor pro tempore and term.

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Agenda Item
City Council
Item #: 4.1. 1/10/2023 File #: 23-0006
TO: Members of the City Council
FROM: Mayor Dan Slater

1. SUBJECT
City Council Reorganization.

2. SUMMARY
Conduct reorganization by selecting a Mayor pro tempore.

3. RECOMMENDED ACTION
Select a Mayor pro tempore and term.

City of Orange Page 1 of 1 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 4.2. 1/10/2023 File #: 23-0007
TO: Members of the City Council
FROM: Mayor Dan Slater

1. SUBJECT
Consideration of appointment of City Councilmembers to City Regional Boards and Committees.

2. SUMMARY
Mayor Slater will present recommendations for appointment at the Council meeting. All terms are for one year or at the discretion of the Mayor unless otherwise noted.

3. RECOMMENDED ACTION
Confirm Mayor Slater’s recommendations to be presented at the meeting.

4. ATTACHMENTS
· Current Council appointments to City Regional Boards and Committees City of Orange Page 1 of 1 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 4.2. 1/10/2023 File #: 23-0007
TO: Members of the City Council
FROM: Mayor Dan Slater

1. SUBJECT
Consideration of appointment of City Councilmembers to City Regional Boards and Committees.

2. SUMMARY
Mayor Slater will present recommendations for appointment at the Council meeting. All terms are for one year or at the discretion of the Mayor unless otherwise noted.

3. RECOMMENDED ACTION
Confirm Mayor Slater’s recommendations to be presented at the meeting.

4. ATTACHMENTS
· Current Council appointments to City Regional Boards and Committees City of Orange Page 1 of 1 Printed on 1/5/2023
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Council Appointments to City Committees and Regional Boards (Terms are for 1 year unless otherwise noted.)
BOARD/COMMITTEE/COMMISSION Term Current Member Alternate Cities-School’s Coordinating Committee 1 year vacant Gutierrez Foothill Eastern TCA (Tollroad) 1 year vacant Tavoularis North Net Fire Training (Joint Powers Authority) 1 year Dumitru Barrios Orange County Transportation Authority (OCTA) Term expires 12-31-2024
Dumitru (appointed by City
Selection Committee)
N/A
Orange County Sanitation District 1 year vacant vacant
Orange County Mosquito and Vector Control Term expires
1-3-2024*
Dumitru N/A
Orange Housing Development Corporation (OHDC) 1 year Barrios vacant Orange Elderly Services (Senior Center) 1 year vacant Tavoularis Santa Ana Flood Protection Agency 1 year vacant
*2-year term
544
Agenda Item
City Council
Item #: 4.3. 1/10/2023 File #: 23-0019
TO: Members of the City Council
FROM: Mayor Dan Slater

1. SUBJECT
Consideration of revising Resolution No. 10737 establishing the City Council Regular Meeting days and times.

2. SUMMARY
OMC 2.04.020 allows the City Council to establish the days and times of its regularly scheduled meetings by resolution. Resolution No. 10737 was adopted in 2013 establishing the second Tuesday of each month as its regularly scheduled meeting. This action eliminated the previously regularly scheduled meeting on the fourth Tuesday of each month. If Council chooses to change its regularly scheduled meetings, a revised resolution is required.

3. RECOMMENDED ACTION
Provide direction to staff.

4. ATTACHMENTS
· Resolution No. 10737
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Agenda Item
City Council
Item #: 4.3. 1/10/2023 File #: 23-0019
TO: Members of the City Council
FROM: Mayor Dan Slater

1. SUBJECT
Consideration of revising Resolution No. 10737 establishing the City Council Regular Meeting days and times.

2. SUMMARY
OMC 2.04.020 allows the City Council to establish the days and times of its regularly scheduled meetings by resolution. Resolution No. 10737 was adopted in 2013 establishing the second Tuesday of each month as its regularly scheduled meeting. This action eliminated the previously regularly scheduled meeting on the fourth Tuesday of each month. If Council chooses to change its regularly scheduled meetings, a revised resolution is required.

3. RECOMMENDED ACTION
Provide direction to staff.

4. ATTACHMENTS
· Resolution No. 10737
City of Orange Page 1 of 1 Printed on 1/5/2023
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RESOLUTION NO. 10737

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE ESTABLISHING THE CITY

COUNCIL REGULAR MEETING DAYS AND
TIMES.

WHEREAS, Government Code Section 54954 requires the City Council to take a formal action to establish the meeting time for regularly scheduled meetings; and WHEREAS, the City Council of the City of Orange recently found that the days and times of the regularly scheduled meetings should be amended to allow for greater public participation and enhance the efficiency of the City's ability to conduct the public's business; and
WHEREAS, the City Council of the City of Orange adopted Ordinance 12 -13, amending the Orange Municipal Code to allow the City Council to establish the days and times of its regularly scheduled meetings by resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby establishes that the regularly scheduled meeting of the City Council shall be held on the second Tuesday of each month and shall convene at the hour of 6:00 p.m. and continue until adjourned by a majority vote. In the event any such Tuesday is a legal holiday, the City Council meeting shall convene the following day at 6:00 p.m.

FURTHERMORE, the City Council of the City of Orange establishes that any necessary closed session shall begin at 5:00 p.m. preceding the regularly scheduled meeting.

ADOPTED this 8th day of October, 2013
f
Teresa L Smith, Mayor, City of Orange
ATTEST:

Mary E. rp ..,_City Clerk, rty o ge
547
I, MARY E. MURPHY, 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 8th day of October, 2013, by the following vote:

AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy
NOES: COUNCILMEMBERS: Bilodeau
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. rphy; City Clerk, Ci range
548
Agenda Item
City Council
Item #: 7.1. 1/10/2023 File #: 22-0547
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Continued Public Hearing to consider Conditional Use Permit No. 3154-21, Design Review No. 5060- 21, and Minor Site Plan Review No. 1074, and Zone Change No. 1305-21 for a new express car wash facility and associated vacuum canopies located at 1325 West Katella Avenue; and finding that the Zone Change was already considered in the scope of the City of Orange General Plan Program EIR, and the project is exempt from CEQA. Ordinance No. 11-22 and Resolution No. 11419. (Continued from November 15, 2022)

2. SUMMARY
The applicant proposes to demolish an existing standalone restaurant at a 1.109 acre lot and to construct a new 13,860 square foot automatic car wash facility and associated vacuum areas. As part of the project, a Zone Change is requested from the existing zoning designation of Commercial Recreation (C-R) to Urban Mixed Use (UMU) to establish consistency with the City’s General Plan designation.

3. RECOMMENDED ACTION

1. Introduce and conduct First Reading of Ordinance No. 11-22. An ordinance of the City Council of the City of Orange approving Zone Change No. 1305-21 rezoning property located at 1325 West Katella Avenue to Urban Mixed Use to establish consistency between the Urban Mixed Use General Plan land use designation and zoning classification in accordance with state law.

2. Adopt Resolution No. 11419. A Resolution of the City Council of the City of Orange approving Conditional Use Permit No. 3154-21, Design Review No.5060-21, and Minor Site Plan Review No. 1074-21, and Zone Change No. 1305-21 for the construction of a new 13,860 square foot automatic drive through express carwash facility with associated vacuum stalls and related site improvements located at 1325 West Katella Avenue.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS

3. Enhance and promote quality of life in the community. a) Renovate, maintain, develop and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
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Item #: 7.1. 1/10/2023 File #: 22-0547
History
The proposed project includes the demolition of the existing standalone restaurant and the redevelopment of the site into an express carwash facility and associated vacuum stalls. The general area that the project is in has gone through multiple general plan and zone changes over the last 30 years which have subsequently placed the area in a transitional period. Until the early 1990s, the subject site had been zoned as Industrial Manufacturing (M-2), then the area was zoned as Commercial Recreation (C-R), in the 1990’s. As part of the General Plan Update in 2010, this site and the surrounding area had a General Plan change to Urban Mixed Use. In 2020, the properties along Katella Avenue extending from the Santa Ana River to Main Street underwent a zone change to Urban Mixed Use (UMU). Although, this specific project site remained as C-R, the underlying General Plan designation is Urban Mixed Use. Due to these changes, development for this area is shifting from industrial to more mixed use.

Existing Site
The 1.109 acre site is located at the northwest corner of West Katella Avenue and North Main Street, which is part of a commercial and mixed use corridor running along Katella Avenue identified in the General Plan as part of the Katella Avenue Corridor Focus Area. The project site is bordered to the west by commercial restaurants within the Stadium Promenade, to the south by the Mazda of Orange, and to the east and north by warehouse and general industrial uses. The site is currently developed with a standalone restaurant, the Katella Grill and associated parking lot. The site is accessible from two existing driveways, one along Katella Avenue and one along Main Street.

Current Application
The proposed carwash building is composed of three areas: 1) a tower control office, 2) a carwash tunnel and equipment room, and 3) a tower for storage and equipment. The vacuum areas will have fabric canopies with incorporated vacuum hoses. The proposed building has a long shape to house the tunnel component of the carwash facility. The applicant has also designed a large queuing area three lanes wide, each with a pay station, that will be partially screened by three canopies extending towards the property line and landscaping along western property line. As part of the project, a Zone Change from C-R to UMU is requested to establish consistency with the City’s General Plan. The UMU zoning is needed for project implementation as car washes are conditionally permitted uses under that zoning, while they are not an allowable use under the existing CR zoning.

Environmental Review
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed change in zoning is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

Categorical Exemption: The proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class 32 - In-fill Development Projects) because the project site is less than five acres; the project site has no value as habitat for endangered, rare, or threatened species; the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. No public review is required.

Committee and Commission Review
The Design Review Committee reviewed the subject proposal at the August 17, 2022 meeting and recommended approval of the project, with specified conditions, to the Planning Commission by a 4-0 City of Orange Page 2 of 3 Printed on 1/5/2023
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Item #: 7.1. 1/10/2023 File #: 22-0547
vote. Minutes of the meeting are provided as Attachment 10.

At the September 19, 2022 Planning Commission meeting, the Planning Commission recommended approval of the project to the City Council, subject to conditions of approval, by a 5-0 vote. Minutes of the Planning Commission meeting are provided as Attachment 8.

7. ATTACHMENTS
· Attachment 1 Ordinance No. 11-22 for Zone Change No. 1305-21 (including exhibits showing existing and proposed zoning)
· Attachment 2 Resolution No. 11419 for Conditional Use Permit No. 3154-21, Design Review Committee No. 5060-21, Minor Site Plan Review No. 1074-21 and Zone Change No. 1305-21
· Attachment 3 Vicinity Map
· Attachment 4 Site Photographs
· Attachment 5 September 19, 2022, Planning Commission Staff Report · Attachment 6 September 19, 2022, Planning Commission Resolution No. PC 16-22 · Attachment 7 September 19, 2022, Planning Commission Resolution No. 24-22 · Attachment 8 September 19, 2022, Planning Commission Meeting Minutes · Attachment 9 August 17, 2022, Design Review Committee Staff Report · Attachment 10 August 17, 2022, Design Review Committee Meeting Minutes · Attachment 11 Project Plans date stamped received October 13, 2022 City of Orange Page 3 of 3 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 7.1. 1/10/2023 File #: 22-0547
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Continued Public Hearing to consider Conditional Use Permit No. 3154-21, Design Review No. 5060- 21, and Minor Site Plan Review No. 1074, and Zone Change No. 1305-21 for a new express car wash facility and associated vacuum canopies located at 1325 West Katella Avenue; and finding that the Zone Change was already considered in the scope of the City of Orange General Plan Program EIR, and the project is exempt from CEQA. Ordinance No. 11-22 and Resolution No. 11419. (Continued from November 15, 2022)

2. SUMMARY
The applicant proposes to demolish an existing standalone restaurant at a 1.109 acre lot and to construct a new 13,860 square foot automatic car wash facility and associated vacuum areas. As part of the project, a Zone Change is requested from the existing zoning designation of Commercial Recreation (C-R) to Urban Mixed Use (UMU) to establish consistency with the City’s General Plan designation.

3. RECOMMENDED ACTION

1. Introduce and conduct First Reading of Ordinance No. 11-22. An ordinance of the City Council of the City of Orange approving Zone Change No. 1305-21 rezoning property located at 1325 West Katella Avenue to Urban Mixed Use to establish consistency between the Urban Mixed Use General Plan land use designation and zoning classification in accordance with state law.

2. Adopt Resolution No. 11419. A Resolution of the City Council of the City of Orange approving Conditional Use Permit No. 3154-21, Design Review No.5060-21, and Minor Site Plan Review No. 1074-21, and Zone Change No. 1305-21 for the construction of a new 13,860 square foot automatic drive through express carwash facility with associated vacuum stalls and related site improvements located at 1325 West Katella Avenue.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS

3. Enhance and promote quality of life in the community. a) Renovate, maintain, develop and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 7.1. 1/10/2023 File #: 22-0547
History
The proposed project includes the demolition of the existing standalone restaurant and the redevelopment of the site into an express carwash facility and associated vacuum stalls. The general area that the project is in has gone through multiple general plan and zone changes over the last 30 years which have subsequently placed the area in a transitional period. Until the early 1990s, the subject site had been zoned as Industrial Manufacturing (M-2), then the area was zoned as Commercial Recreation (C-R), in the 1990’s. As part of the General Plan Update in 2010, this site and the surrounding area had a General Plan change to Urban Mixed Use. In 2020, the properties along Katella Avenue extending from the Santa Ana River to Main Street underwent a zone change to Urban Mixed Use (UMU). Although, this specific project site remained as C-R, the underlying General Plan designation is Urban Mixed Use. Due to these changes, development for this area is shifting from industrial to more mixed use.

Existing Site
The 1.109 acre site is located at the northwest corner of West Katella Avenue and North Main Street, which is part of a commercial and mixed use corridor running along Katella Avenue identified in the General Plan as part of the Katella Avenue Corridor Focus Area. The project site is bordered to the west by commercial restaurants within the Stadium Promenade, to the south by the Mazda of Orange, and to the east and north by warehouse and general industrial uses. The site is currently developed with a standalone restaurant, the Katella Grill and associated parking lot. The site is accessible from two existing driveways, one along Katella Avenue and one along Main Street.

Current Application
The proposed carwash building is composed of three areas: 1) a tower control office, 2) a carwash tunnel and equipment room, and 3) a tower for storage and equipment. The vacuum areas will have fabric canopies with incorporated vacuum hoses. The proposed building has a long shape to house the tunnel component of the carwash facility. The applicant has also designed a large queuing area three lanes wide, each with a pay station, that will be partially screened by three canopies extending towards the property line and landscaping along western property line. As part of the project, a Zone Change from C-R to UMU is requested to establish consistency with the City’s General Plan. The UMU zoning is needed for project implementation as car washes are conditionally permitted uses under that zoning, while they are not an allowable use under the existing CR zoning.

Environmental Review
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed change in zoning is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

Categorical Exemption: The proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class 32 - In-fill Development Projects) because the project site is less than five acres; the project site has no value as habitat for endangered, rare, or threatened species; the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. No public review is required.

Committee and Commission Review
The Design Review Committee reviewed the subject proposal at the August 17, 2022 meeting and recommended approval of the project, with specified conditions, to the Planning Commission by a 4-0 City of Orange Page 2 of 3 Printed on 1/5/2023
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Item #: 7.1. 1/10/2023 File #: 22-0547
vote. Minutes of the meeting are provided as Attachment 10.

At the September 19, 2022 Planning Commission meeting, the Planning Commission recommended approval of the project to the City Council, subject to conditions of approval, by a 5-0 vote. Minutes of the Planning Commission meeting are provided as Attachment 8.

7. ATTACHMENTS
· Attachment 1 Ordinance No. 11-22 for Zone Change No. 1305-21 (including exhibits showing existing and proposed zoning)
· Attachment 2 Resolution No. 11419 for Conditional Use Permit No. 3154-21, Design Review Committee No. 5060-21, Minor Site Plan Review No. 1074-21 and Zone Change No. 1305-21
· Attachment 3 Vicinity Map
· Attachment 4 Site Photographs
· Attachment 5 September 19, 2022, Planning Commission Staff Report · Attachment 6 September 19, 2022, Planning Commission Resolution No. PC 16-22 · Attachment 7 September 19, 2022, Planning Commission Resolution No. 24-22 · Attachment 8 September 19, 2022, Planning Commission Meeting Minutes · Attachment 9 August 17, 2022, Design Review Committee Staff Report · Attachment 10 August 17, 2022, Design Review Committee Meeting Minutes · Attachment 11 Project Plans date stamped received October 13, 2022 City of Orange Page 3 of 3 Printed on 1/5/2023
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ORDINANCE NO. 11-22

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1305-21 REZONING PROPERTY LOCATED 1325

WEST KATELLA AVENUE TO URBAN MIXED USE

TO ESTABLISH CONSISTENCY BETWEEN THE

URBAN MIXED USE GENERAL PLAN LAND USE

DESIGNATION AND ZONING CLASSIFICATION IN

ACCORDANCE WITH STATE LAW
ZONE CHANGE NO. 1305-21
APPLICANT: RAPIDS EXPRESS INC. (GEOFF VON DER AHE)
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including changes to land use designations along the Katella Corridor General Plan Focus Area from Commercial Recreation to Urban Mixed Use to establish land use policy that encourages economic development; diversification of allowable land uses; property reinvestment and redevelopment for underutilized property or development conditions that are no longer suited for present-day business needs; and opportunities for the creation of housing in proximity to employment, services, public transportation, and existing hubs of activity; and
WHEREAS, since the 2010 General Plan adoption, the City has rezoned properties along the Katella Avenue Corridor to Urban Mixed Use; and
WHEREAS, the property subject to Zone Change No. 1305-21 has a current zoning classification of Commercial Recreation, which is not consistent with the Urban Mixed Use General Plan land use designation; and
WHEREAS, California Government Code Section 65860 requires consistency between a city’s General Plan and zoning designations; thus, the rezone of 1325 West Katella Avenue would establish consistency with the City’s General Plan; and WHEREAS, for the proposal to redevelop an existing restaurant into a carwash facility, a zone change to Urban Mixed Use is required; and
WHEREAS, the City Council of the City of Orange is authorized by Government Code Section 65850 to adopt ordinances amending the City’s zoning code; and WHEREAS, the Planning Commission, having considered the proposed Ordinance and Zone Change at a public hearing held on September 19, 2022, including review of the staff report and having received public testimony, has determined the proposed amendment is justified and recommends approval thereof; and
555
2 WHEREAS, the City Council held a duly advertised public hearing on November 15, 2022, for the purpose of considering Zone Change No. 1305-21 as it pertains to property located at 1325 West Katella Avenue shown in the attached Exhibit “A.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:

SECTION I:

The Orange Municipal Code is hereby amended to change the existing zoning on the site depicted on the map attached hereto as Exhibit “A” to the new zoning as depicted on the map attached hereto as Exhibit “B.” Exhibits “A” and “B” are incorporated herein by reference.

SECTION II:

The proposed zone change described in Section I is related to the public welfare, required by California Government Code Section 65860 and consistent with Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update, certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed zone change is within the scope of the previously approved General Plan and is adequately described in both the previously certified General Plan Program EIR for purposes of CEQA.

SECTION III:

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

ADOPTED this ____ day of ________________, 2022.
________________________________________
Daniel R. Slater, Mayor, City of Orange
ATTEST:
________________________________________
Pamela Coleman, City Clerk, City of Orange
556
3 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of ________, 2022, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______, 2022, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
557
M-2
C-R
C-

MAIN ST

KATELLA AVE

TRENTON AVE
1339
1331
1315
1227
1450
1430
1411
1307
1200
1347
1323
1243
1219
1211
1203 1150
1250
1234
1140
1319
1317
1325
1251
1215
1440
1249
1201
1431
1432
1235
1360
M-2
M-2
M-2
UMU
C-R
C-R
UMU
UMU
Exhibit A: ZONING CLASSIFICATION 1325 W

KATELLA AVE
APN 375-232-19
Existing: (C-R) Commercial Recreation
Project Site
LEGEND
C-R
Date: 9/12/2022 558
M-2
C-R
C-

MAIN ST

KATELLA AVE

TRENTON AVE
1339
1331
1315
1227
1450
1430
1411
1307
1200
1347
1323
1243
1219
1211
1203 1150
1250
1234
1140
1319
1317
1325
1251
1215
1440
1249
1201
1431
1432
1235
1360
M-2
M-2
M-2
UMU
C-R
C-R
UMU
UMU
Exhibit B: ZONING CLASSIFICATION 1325

W KATELLA AVE
APN 375-232-19
Proposed: (UMU) Urban Mixed Use
Project Site
LEGEND
Date: 9/12/2022
UMU 1325
559
RESOLUTION NO. 11419

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT NO. 3154-21, DESIGN REVIEW NO.
5060-21, MINOR SITE PLAN REVIEW NO. 1074-21,
AND ZONE CHANGE NO. 1305-21 FOR THE
CONSTRUCTION OF A NEW 13,860 SQUARE FOOT

AUTOMATIC DRIVE THROUGH EXPRESS

CARWASH FACILITY WITH ASSOCIATED

VACUUM STALLS AND RELATED SITE
IMPROVEMENTS LOCATED AT 1325 WEST
KATELLA AVENUE.

APPLICANT: RAPIDS EXPRESS INC. (GEOFF VON DER AHE)
WHEREAS, Conditional Use Permit No. 3154-21, Design Review Committee No. 5060- 21, Minor Site Plan Review No. 1074-21, and Zone Change No. 1305-21 were filed by Rapids Express Inc. (“applicant”) in accordance with the provisions of the Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 3154-21, Design Review Committee No. 5060- 21, Minor Site Plan Review No. 1074-21, and Zone Change No. 1305-21 were processed in the time and manner prescribed by state and local law; and
WHEREAS, on May 25, 2022, the City’s interdepartmental Staff Review Committee (SRC) reviewed the project and recommended the applications proceed subject to certain conditions; and
WHEREAS, on August 17, 2022, the City’s Design Review Committee reviewed the project and recommended approval subject to conditions by a 4-0 vote; and WHEREAS, on September 19, 2022, the City’s Planning Commission recommended that the City Council approve Conditional Use Permit No. 3154-21, Design Review Committee No. 5060-21, and Minor Site Plan Review No. 1074-21 for the construction of a new automatic drive through express carwash facility and associated vacuum stalls (“Project”) on the property located at 1325 West Katella Avenue and also recommended approval of Zone Change No. 1305-21; and WHEREAS, Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed change in zoning is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA; and WHEREAS, the proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class 32 - In-fill Development Projects) because the project 560
2 site is less than five acres; the project site has no value as habitat for endangered, rare, or threatened species; the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services; and
WHEREAS, on November 15, 2022, the City Council of the City of Orange conducted a duly advertised public hearing to consider the Project upon property described as follows:

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:

PARCEL 1, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 91, PAGES 39 AND 40

OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPTING FROM THE NORTH 15 FEET OF SAID LAND, AN UNDIVIDED

ONE-FOURTH INTEREST IN AND TO ALL MINERALS, OIL, GAS AND

KINDRED SUBSTANCES LYING IN, UPON AND UNDER SAID LAND,

TOGETHER WITH THE RIGHT OF ENTRY THEREON FOR THE PURPOSE OF

DEVELOPING, EXTRACTING AND REMOVING SAID SUBSTANCES, AS

RESERVED IN THE DEED FROM POMONA COLLEGE, A CORPORATION, RECORDED JANUARY 14, 1943 IN BOOK 1172, PAGE 528 OF OFFICIAL RECORDS.

APN: 375-232-17 AND 375-232-19
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves Conditional Use Permit No. 3154-21, Design Review Committee No. 5060-21, and Minor Site Plan Review No. 1074-21, along with Zone Change No. 1305-21 as addressed in Ordinance No. 11-22, based on the following findings:

SECTION 1 – FINDINGS
General Plan Finding:

1. The project must be consistent with the goals and policies stated within the City’s General Plan.

The proposed project is consistent with the goals and policies stated within the City’s General Plan in that the project will enhance and promote the quality of life in the community by supporting and enhancing diverse living environments. The proposed zone change from C-R to UMU brings the site’s zoning into compliance with its Urban Mixed Use General Plan land use designation. The zone change rectifies an existing General Plan 561
3 and zoning inconsistency and the proposed development of the site for mixed use and would implement the land use vision outlined in the General Plan Land Use Element. The project is also consistent with other General Plan goals and policies including:

Land Use Element Goal 3.0: Create commercial uses that provide a solid economic base and employment opportunities and identify Orange as an attractive and diverse shopping destination.

Land Use Policy 3.1: Promote development of revenue-generating land uses that help defray the costs of high quality public services
Land Use Policy 3.3: Improve vehicular, pedestrian, and visual connections between commercial areas and the rest of the community.

Urban Design Element Goal 2.0: Create commercial and mixed-use areas of varying scale and function that are visually distinct and complement the City’s identity.

Urban Design Policy 2.3: Improve the appearance of arterials and corridors that pass through commercial and mixed-use areas. Use street trees and other landscape and hardscape improvements to improve the visual and spatial experience of drivers, transit riders, and pedestrians using City streets.

Urban Design Element Goal 4.0: Establish and reinforce district and neighborhood characteristics recognized both within the community and throughout the region.

Urban Design Policy 4.1: Establish appropriate transitions between commercial, industrial, higher density residential, mixed-use development, and lower density residential areas Conditional Use Permit Findings:

1. A conditional use permit shall be granted upon sound principals of land use and in response to services required by the community. (OMC 17.10.030.F.1) The granting of this Conditional Use Permit is based upon the sound principals of land use and in response to services required by the community in that consideration has been given to whether the proposed use will detrimentally affect the adjacent land uses. The subject property is currently a standalone restaurant in a transitional area of the Katella Avenue Corridor Focus Area. With the existing neighboring uses ranging from general industrial uses, a major car dealership, gas station, and a multitenant commercial mall, the proposed carwash facility offers a transitional use of the site. The project site will remain a commercial use and the proposed use is compatible with the established community and may support nearby regional attractions by increasing the frequency of local visitors by offering services that are attractive to the community. Granting a permit in this instance is therefore based upon sound land use principles and responds to the needs of the community at-large.
562
4 2. A conditional use permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. (OMC

17.10.030.F.2)
The project is not expected to detrimentally affect adjacent land uses or create special problems in the area. The project site is adjacent to general industrial uses to the north and west, to the Mazda dealership to the south, by a gas station to the southwest and by the Stadium Promenade to the west. The proposed site layout will not alter the existing driveway access locations. A queuing analysis for the vehicle stacking for the project has been analyzed and has been deemed acceptable by the City’s Traffic Engineer. The applicant has proposed a contingency plan in the event that the queue exceeds twenty vehicles. Employees will monitor vehicle stacking and direct vehicle access to prevent spill out onto Katella Avenue and Main Street. A Noise Study was not required for the project because the site is on a major commercial intersection and there are no nearby residential neighborhoods.

3. A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. (OMC 17.10.030.F.3) The new carwash facility and associated landscaping improvements generally satisfy the development standards for the Urban Mixed Use (UMU) zone. The building design incorporates a contemporary architectural style with features that include varied flat roof lines, alternating wall planes, and curved canopies. Integrated into the design of the architecture are trees with a large Coastal Live Oak to be planted in front of the Katella Avenue building elevation. The proposed landscaping will complement the building design and provides much more landscaping than is required for the project site. A right-of-way dedication of two feet has been provided for the critical intersection of Katella Avenue and Main Street and all right-of-way improvements including accessibility have been satisfied.

Therefore, the effects on the community within this area of the City have been considered and appropriately addressed and any specific requirements are included as conditions to be satisfied prior to permit issuance.

4. A conditional use permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. (OMC 17.10.030.F.4)
All project conditions maintain a purpose of preserving the general welfare of the City and community. Conditions specifically serve to manage project construction impacts, provide for site maintenance, address water quality, accommodate disabled person site access, protect or improve the public right-of-way, protect or improve utilities and accommodate aesthetics. In addition, conditions have been included to prevent drive-through queuing impacts on Katella Avenue and Main Street, and to ensure the drive-through car wash complies with the City’s regulations.

Design Review Findings:

1. The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC 17.10.07.F.3). 563
5 The subject property is not within any specific plan area or established district with applicable design standards. The proposed building and design may establish a new phase of design. Few sites in the area have fully developed any projects using the UMU development standards. Over time, the Katella Avenue Corridor will fully develop into a more urban setting focused on retail, office, and services thereby strategically maximizing the development potential of the area as intended by the City’s General Plan. Overall, the project presents a unifying theme and results in a high quality, internally consistent design that is compatible with the eclectic mix of styles in the surrounding area.

Minor Site Plan Review Findings:

1. The project design is compatible with surrounding development and neighborhoods. (OMC

17.10.060.H.1)
The surrounding development and neighborhood consist of general industrial uses to the north and east and commercial uses to the south and west. The project will provide a revitalized architectural and landscaped appearance to the Katella Avenue commercial corridor, consistent with surrounding development in its massing, scale, design and function.

2. Minor Site Plan approval shall be granted if the project conforms to City development standards and any applicable special design guidelines or specific plan requirements (OMC 17.10.060.H.2).

The proposed building does not meet the minimum lot size and maximum floor area ratio requirements of 1.5-3.0 of the Urban Mixed-Use land use designation; however, the proposed building does bring the property into greater compliance with the current Urban Mixed-Use General Plan and zoning standard. There are no special design guidelines or specific plans affecting the property.

3. Minor Site Plan approval shall be granted if the project provides for safe and adequate vehicular and pedestrian circulation, both on- and off-site (OMC 17.10.060.H.3).

The project provides safe and adequate access and circulation for vehicles and pedestrians from Katella Avenue and Main Street. The on-site circulation has been designed to accommodate all access needs for parking spaces and for emergency vehicles. There is sufficient queue stacking for twenty vehicles with an overflow before any vehicles would spill out onto the public streets. In addition, the study provides for a contingency plan to be activated should there be periods when longer queues form that could impact traffic flow on Katella Avenue and Main Street. The contingency plan includes monitoring of the queue should an increase arise where access will be directed by employees to enter on Main Street away from the Katella Avenue entrance. Disabled parking and access have been designed to accommodate building code requirements.

4. Minor Site Plan approval shall be granted if City services are available and adequate to serve the project (OMC 17.10.060.H.4).

A review of the project with all City departments concludes that City services will be available and adequate to serve this site, including water, sewer, police and fire services. 564
6 5. Minor Site Plan approval shall be granted if the project has been designed to fully mitigate or substantially minimize adverse environmental effects (OMC 17.10.060.H.5).

No environmental effects have been identified for the project. The OMC will adequately manage construction and use regulation needs of the project.

Zone Change Findings:

1. There are no required findings for a Zone Change since it is a legislative action. The City Council finds that the proposed Zone Change from Commercial Recreation (C-R) to Urban Mixed Use (UMU), brings the site’s zoning into consistency with the existing Urban Mixed Use (UMIX) General Plan land use designation in accordance with state law. Therefore, approval of the zone change contributes to implementation of the City’s Land Use Plan and furthers the goals and policies of the City’s General Plan.

SECTION 2 – ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act. The proposed change in zoning is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

Categorical Exemption: The proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class 32 - In-fill Development Projects) because the project site is less than five acres; the project site has no value as habitat for endangered, rare, or threatened species; the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. No public review is required.

SECTION 3– CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed:

General:

1. The project shall conform in substance and be maintained in general conformance with plans and exhibits date stamped August 23, 2022, including any modifications required by conditions of approval, and as approved by the Planning Commission. Any future expansion in area or in the nature and operation of the use approved by Conditional Use Permit No. 3154-21 shall require an application for a new or amended Conditional Use Permit.

2. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permits, save and except that caused by the City’s active 565
7 negligence. The City shall promptly notify the applicant of any such claim, action, or proceedings and shall cooperate fully in the defense.

3. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use may be cause for revocation of this permit.

4. Conditional Use Permit No. 3154-21 shall become void if not vested within two years from the date of approval. Time extensions may be granted for up to one year, pursuant to OMC Section 17.08.060.

5. Any modifications to the plans including, but not limited to, the landscaping and parking as a result of other Department requirements such as Building Codes, water quality, Fire, or Police shall be submitted for review and approval to the Community Development Director or designee. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the City Council.

6. Except as otherwise provided herein, this project is approved as a precise plan. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Community Development Director for approval. If the Community Development Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plan, the Community Development Director may approve the changed plan without requiring a new public hearing.

7. Any future expansion in area or in the nature and operation of the approved use by Conditional Use Permit No. 3154-21 shall require a new or amended application for an automatic drive through carwash facility and associated vacuum stalls.

8. The project approval includes certain fees and/or other exactions. Pursuant to Government Code Section 66020, these conditions or requirements constitute written notice of the fees and/or exactions. The applicant is hereby notified that the ninety (90) day protest period commencing from the date of approval of the project has begun. If the applicant fails to file a protest regarding these conditions or requirements, the applicant is legally barred from later challenging such exactions per Government Code Section 66020.

9. Within two (2) days of final approval of this project, the applicant shall deliver to the Planning Division a cashier’s check payable to the Orange County Clerk in an amount required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and the County Administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code 21152, & Cal Code Regulations 15075.

10. These conditions shall be reprinted on the second page of the construction documents when submitted to the Building Division for the plan check process.

11. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of Violation is received by the applicant/property owner.

12. Prior to the operation of the business, the applicant shall file for, or if applicable, amend a business license with the Business License Division. Failure to obtain the required business license will be cause for revocation of this approval.
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8 13. In conjunction with the operation of the business, all noise levels generated shall conform to the levels allowed by the OMC.

14. In conjunction with the operation of the business, all loading and trash enclosure areas shall be maintained and kept clean and free of debris.

15. In conjunction with the operation of the business, should parking or queuing issues arise on the site or the surrounding neighborhood, the applicant shall work with the Community Development Department to resolve any issues. If such issues are not resolved to the City’s satisfaction, the Conditional Use Permit shall be presented to the Planning Commission for its consideration of further conditions, modifications, or revocation.

16. The automatic car wash service shall operate its vehicle queuing and on-site circulation in the manner as described in the drive-through Queuing Analysis. At no time shall the operator allow vehicles of customers to straddle the public right-of-way (sidewalk, driveway, street) and shall employ measures to direct customers from causing any such conflict with keeping the public right-of-way clear by ensuring a maximum queue stacking of twenty (20) vehicles.

Water Quality:

17. Prior to City approval of the landscape plans, the applicant shall review the approved Water Quality Management Plan (WQMP) and ensure the proposed landscape plans are consistent with the project grading plans. The plans must show any proposed storm water treatment Best Management Practices (BMPs) such as bioretention planters, drywells, permeable pavers, or any other proposed surface water quality BMPs.

Fire Department:

18. Onsite fire department access will require easement recording prior to issuance of Rough Grading Permit and shall be reviewed by Fire prior to approval.

19. Prior to Building Permit issuance, the applicant shall provide a specification data sheet for proposed roof-translucent material, Acrylite. This material shall be non-combustible instead of non-flammable as noted on plans.

Public Works, Development Services:

20. Prior to building permit issuance, the applicant shall request and complete a quitclaim deed of the SAVI line within the property by the City of Orange.

21. Prior to building permit issuance, the applicant shall complete a street right-of-way dedication with Public Works Department for an additional 2 foot of street frontage along Katella Avenue, and additional area to accommodate a standard sidewalk access ramp at the northeast corner of Katella Avenue and Main Street.

22. Prior to building permit issuance, the applicant shall complete and record a reciprocal sewer/drainage agreement with the adjacent parcel to the east with AP Number: 375-232-

20. The agreement shall include but not limited to responsibility for the removal/reconstruction of proposed structures along the existing 15-foot easement for maintenance or repairs of sewer/drainage.
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9 Design Review Committee:

23. Tree maintenance shall be performed in such a manner as to allow all trees to retain their full canopy height and breadth for shade at the point of maturity, except as required for public safety purposes.

In addition to the above conditions, procedural requirements are contained herein as Attachment “A” to this Resolution.

ADOPTED this ____ day of _______________________, 2022. _________________________________________
Daniel R. Slater, 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
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ATTACHMENT “A”
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Attachment “A”

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