Agenda packet — Orange City Council, April 25, 2023 (part 2 of 3)

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FIRST AMENDMENT TO AGREEMENT

BETWEEN THE

CITY OF ORANGE

AND THE

COUNTY OF ORANGE

THIS AMENDMENT TO AGREEMENT is entered into this First day of April, 2023, which date is enumerated for purposes of reference on ly, by and between the CITY OF ORANGE , hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY” to amend, effective July 1, 2023, that certain Agreement between the parties commencing July 1, 2022, hereinafter referred to as “Agreement”.

1. For the period of July 1, 2023 through June 30, 2024 Subsections E-2 and E-3 of the Agreement are amended to read as follows:
“E-2. The cost of regular services , equipment and supplies provided by COUNTY for the period from July 1, 2022 through June 30, 2023 shall be as follows:

SERVICE COST OF SERVICE
Personnel Costs:
 One (1) Lead Forensic Specialist $ 191,257
TOTAL COST $ 191,257
E-3. COUNTY shall invoice CITY monthly. During the period July 1, 2023 through June 30, 2024 said invoices will require payment by City of one-twelfth (1/12) of the cost for services referenced in paragraph E-2 of this Agreement.”

2. For the period July 1, 2023 through June 30, 2024, Subsection E-7 of the Agreement is amended to read as follows:
“E-7. The cost of potential future salary and benefit increases or decreases are not included in the costs set forth in Subsection E-2 of this Agreement. If COUNTY incurs or becomes obligated to pay for any such increases for or on account 173

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of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the cost of service set forth in Subsection E-2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel after July 1, 20 23, and CITY’s cost of service hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro -rata basis over the portion of the period between July 1, 2023 and June 30, 2024 remaining after COUNTY notifies CITY that increases are payable.

In the event that salaries and ben efits costs for COUNTY employees decrease for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall notify CITY of decreased cost and bill accordingly.”

3. All other provisions of the Agree ment, to the extent that they are not in conflict with this FIRST AMENDMENT TO AGREEMENT, remain unchanged.
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IN WITNESS WHEREOF, the parties have executed the FIRST AMENDMENT TO AGREEMENT in the County of Orange, State of California.

DATED:__________________________

CITY OF ORANGE

ATTEST:______________________
City Clerk

BY:______________________________
Mayor

APPROVED AS TO FORM:

BY:___________________________
City Attorney

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DATED:________________________

COUNTY OF ORANGE

BY:________________________________

SHERIFF-CORONER

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Agenda Item
City Council
Item #: 3.6. 4/25/2023 File #: 23-0220
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Agreement with AECOM Technical Services for the creation of Objective Design Standards.

2. SUMMARY
Consultant Services Agreement with AECOM Technical Services for creation of Objective Design Standards that may be implemented in housing projects requiring ministerial approval by State Law with a not-to-exceed cost of $118,060 plus a contingency allowance of $81,940.

3. RECOMMENDED ACTION

1. Approve the agreement with AECOM Technical Services in the amount of $118,060 with a contingency amount of $81,940 for the creation of Objective Design Standards and authorize the Mayor and the City Clerk to execute on behalf of the City.

2. Approve transfer of $200,000 from 550.6011.57670.30143 Other Professional & Consulting - N Tustin Specific Plan to 550.6011.51670.30212 Other Professional & Consulting - Objective Design Standards.

4. FISCAL IMPACT
The total expenditure for this agreement is $200,00 and will be funded through the Reimbursable Capital Project Fund (550).

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

6. DISCUSSION AND BACKGROUND
As State Housing Law continues to evolve, multi-family housing projects with affordable components are required to be ministerially approved. This is evidenced by the Housing Accountability & Affordability Act (SB 35) and the Housing Crisis Act (AB 330 extended under SB 8). Despite the ministerial approval requirement, State Law does allow cities to apply adopted objective design standards to a project before it can proceed to building permits. The City has objective development standards but has very few objective design standards. The City has always relied on subjective design guidelines and a discretionary design review process to determine the adequacy of project design. This process can no longer be utilized for multi-family development applications with a qualifying affordable component. Hence, creation of objective design standards under this grant- reimbursable consultant services agreement will enable the City to review qualifying multi-familyCity of Orange Printed on 4/20/2023Page 1 of 3 powered by Legistar™
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Item #: 3.6. 4/25/2023 File #: 23-0220
reimbursable consultant services agreement will enable the City to review qualifying multi-family housing development applications against a set of objective design standards established by the City to reflect the community’svision for different geographic areas of the community and retain ability to direct the design of new residential developments. All other housing development applications would continue to require our normal discretionary review process. A full background, and scope of services/objectives is provided in the Request for Proposals attachment. The Project Scope and Deliverables are provided in the Consultant Services Agreement attachment under the “Scope and Deliverables” attachment.

On April 14, 2020, the City Council adopted Resolution No. 11224 authorizing staff to apply to the Department of Housing and Community Development (HCD) to receive funding of up to $500,000 from Local Government Planning Support Grants Program, Local Early Action Planning (LEAP) grant funds. HCD subsequently awarded the grant. Staff is seeking approval to appropriate $200,000 from this grant for the creation of objective design standards. This includes $81,940 of contingency funds which provides staff the opportunity to request additional graphics and figures to supplement the demonstration of written Objective Design Standards.

Among the goals requested as part of the proposals, the Objective Design Standards would:
· Provide specific site planning standards such as building orientation, site layout, site access, on-site streets, parking lots and courts, EV parking stations, trash enclosures, etc. · Provide standards specific to landscaping, monument signage, open space requirements for common and private open space, site lighting, walls and fences, etc. · Include building design standards such as, but not limited to, general building form, building height and massing, façade articulations, roof forms, doors and entryways, windows, etc. · Include architectural standards for distinct styles which specify criteria in areas such as form and massing, roof, materials and colors, doors and windows, and decorative details.

This project is enabled through LEAP grant funds that remain after City Council’scancellation of the North Tustin Street Specific Plan. The City must deliver grant reimbursement invoices to HCD by September 30, 2023.

On November 1, 2022, the Community Development Department sent a request for proposals to eight qualified planning firms for the preparation of Objective Design Standards. Two proposals were received and both firms were interviewed.

Staff received competitive proposals from the following firms:

Firm Cost Rank
AECOM $118,060 as renegotiated 1
Michael Baker $168,262 as renegotiated 2
Staff conducted a comprehensive review of each proposal ending with a recommendation that the City Council select AECOM on the basis of their proposal and interview demonstrating the best City of Orange Printed on 4/20/2023Page 2 of 3
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Item #: 3.6. 4/25/2023 File #: 23-0220
City Council select AECOM on the basis of their proposal and interview demonstrating the best conveyance of project understanding, experience, proposed work scope, ability to complete the project on time, and ability to complete the work under budget.

A comprehensive set of Objective Design Standards would be completed in September 2023.

Subsequently, staff will present the standards to the City’srecommending bodies and City Council for consideration.

7. ATTACHMENTS
· Request for Proposals
· Consultant Services Agreement
· Scope and Deliverables, Schedule, and Fee Proposal
City of Orange Printed on 4/20/2023Page 3 of 3
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Agenda Item
City Council
Item #: 3.6. 4/25/2023 File #: 23-0220
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Agreement with AECOM Technical Services for the creation of Objective Design Standards.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this agreement is $200,00 and will be funded through the Reimbursable Capital Project Fund (550).

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

6. DISCUSSION AND BACKGROUND
As State Housing Law continues to evolve, multi-family housing projects with affordable components are required to be ministerially approved. This is evidenced by the Housing Accountability & Affordability Act (SB 35) and the Housing Crisis Act (AB 330 extended under SB 8). Despite the ministerial approval requirement, State Law does allow cities to apply adopted objective design standards to a project before it can proceed to building permits. The City has objective development standards but has very few objective design standards. The City has always relied on subjective design guidelines and a discretionary design review process to determine the adequacy of project design. This process can no longer be utilized for multi-family development applications with a qualifying affordable component. Hence, creation of objective design standards under this grant- reimbursable consultant services agreement will enable the City to review qualifying multi-familyCity of Orange Printed on 4/20/2023Page 1 of 3 powered by Legistar™
179
Item #: 3.6. 4/25/2023 File #: 23-0220
reimbursable consultant services agreement will enable the City to review qualifying multi-family housing development applications against a set of objective design standards established by the City to reflect the community’svision for different geographic areas of the community and retain ability to direct the design of new residential developments. All other housing development applications would continue to require our normal discretionary review process. A full background, and scope of services/objectives is provided in the Request for Proposals attachment. The Project Scope and Deliverables are provided in the Consultant Services Agreement attachment under the “Scope and Deliverables” attachment.

Staff received competitive proposals from the following firms:

Firm Cost Rank
AECOM $118,060 as renegotiated 1
Michael Baker $168,262 as renegotiated 2
Staff conducted a comprehensive review of each proposal ending with a recommendation that the City Council select AECOM on the basis of their proposal and interview demonstrating the best City of Orange Printed on 4/20/2023Page 2 of 3
powered by Legistar™
180
Item #: 3.6. 4/25/2023 File #: 23-0220
City Council select AECOM on the basis of their proposal and interview demonstrating the best conveyance of project understanding, experience, proposed work scope, ability to complete the project on time, and ability to complete the work under budget.

A comprehensive set of Objective Design Standards would be completed in September 2023.

Subsequently, staff will present the standards to the City’srecommending bodies and City Council for consideration.

CITY OF ORANGE

REQUEST FOR PROPOSAL

OBJECTIVE DESIGN STANDARDS

The City of Orange is soliciting proposals from qualified consulting firms to prepare Objective Design Standards, particularly for multifamily housing projects.

This Request for Proposal is set out in the following format:

SECTION I - Introduction and Instructions to Responders SECTION II - Proposal Response Requirements
SECTION III - Scope of Work
SECTION IV - Evaluation Process/Criteria for Evaluation SECTION V - Selection/Award Procedures
SECTION VI - Standard Terms and Conditions
SECTION VII - Certificate of Non-Collusion

Proposals are due by 4 P.M. PT, November 23, 2022. Proposals must be submitted in sealed packages. See complete instruction in Section I, Item C.

All questions and inquiries related to contract terms and conditions contained within this Request for Proposal (“RFP”) should be submitted by email to Jessica Herrera, Senior Administrative Analyst, at [email protected]. All questions and inquiries related to scope of work requirements contained within this Request for Proposal (“RFP”) must be directed by email to Chad Ortlieb, Senior Planner at [email protected].

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1 TABLE OF CONTENTS

SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDERS
A. Introduction
B. Schedule
C. Instructions to Responders and Procedures for Submittal SECTION II: PROPOSAL RESPONSE REQUIREMENTS

SECTION III: SCOPE OF WORK

A. Background

B. Scope of Services Required

SECTION IV: EVALUATION PROCESS/CRITERIA FOR EVALUATION

SECTION V: SELECTION/AWARD PROCEDURES

SECTION VI: STANDARD TERMS AND CONDITIONS

SECTION VII: CERTIFICATE OF NON-COLLUSION

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2 SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDERS

A. Introduction

The City of Orange is seeking proposals from a qualified consultant firm with demonstrated experience in preparing Objective Residential Design Standards for multifamily housing projects. The Objective Design Standards would be a stand-alone document authorized by the City’s Municipal Code for facilitating review of eligible multifamily housing projects in accordance with recent State housing law amendments limiting review of certain projects to a ministerial process based on objective design standards. The Objective Design Standards may utilize standards created for the Orange County Council of Governments as a resource but shall be tailored to the unique City of Orange land use environment and community culture, and neighborhood vision expressed in the General Plan in order to uphold contextually-appropriate neighborhood-compatible design. This document includes background information, outlines the proposed scope of work for the project, details the submission requirements in response to this RFP, and explains the consultant selection process.

The Responder is expected to provide all the materials and services that will fulfill or exceed the requirements and conditions as set forth in this RFP.

B. Schedule

The City reserves the right to make changes to the below schedule, but generally plans to adhere to the implementation of this bid process as follows:

RFP released: November 1, 2022
Deadline for receiving questions: November 18, 2022 by 4:00 PM P.T.

Proposals due: November 23, 2022 by 4:00 PM P.T.

Consultant Interviews: December 1 – 13, 2022 (tentatively) Notice to Proceed: December 22, 2022

C. Instructions to Responders and Procedures for Submittal

Proposal package is to be properly identified on the outside and are due by 4:00 P.M. PT on Wednesday, November 23, 2022, and shall be delivered in a sealed package(s) to:

RE: Objective Design Standards
Community Development Department, Planning Division
ATTN: Chad Ortlieb
City of Orange
300 E. Chapman Avenue
Orange, California 92866
[email protected]

If submitting hardcopies, mark envelopes containing the proposal as “Objective Design Standards Proposal.” Submit two hardcopies of the proposal. Submit one hardcopy of the cost proposal in a separate sealed envelope.

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3 As an alternative to hardcopies, proposals may be submitted in pdf format via email to Chad Ortlieb, Senior Planner, [email protected]. The cost proposal must be emailed as a separate pdf file.

Proposals must be clearly identified by proposal name and sent in a sealed package.

It is the responsibility of the Responder to ensure timely delivery is made to the Community Development Department in the City of Orange.

1. The Responder’s Proposal must not be marked as confidential or proprietary. The City may refuse to consider a Proposal so marked. Information in Proposals shall become public property and subject to disclosure laws. All Proposals shall become the property of the City. The City reserves the right to make use of any information or ideas in the Proposals.

2. By submitting a Proposal, the Responder represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of providing and performing quality work to achieve the City objectives.

3. Pre-contractual expenses are defined as expenses incurred by the Responder in:

 preparing its Proposal in response to this RFP;

 submitting that Proposal to the City;

 negotiating with the City any matter related to the Responder’s Proposal; and

 any other expenses incurred by the Responder prior to the date of award and execution, if any, of the Agreement.

The City shall not, in any event, be liable for any pre-contractual expenses incurred by Responders in the preparation of their Proposal.

4. Each Responder must submit its Proposal in strict accordance with all requirements of this RFP and compliance must be stated in the Proposal. Deviations, clarifications, and/or exceptions must be clearly identified and listed separately as alternative items for the City’s consideration.

5. Each Responder is encouraged to be responsive to the requirements stated in this RFP. If, however, any Responder feels that it can offer substantial cost/benefit and/or performance advantages, the City of Orange will consider and may accept alternate Proposals. Alternate Proposals must specify how they deviate from the requirements and describe cost reduction or other benefits to be achieved. Alternate Proposals must be submitted as separate Proposals clearly marked “alternate” on the outside cover.

6. After the Closing Date and Time for Receipt of Proposals, evaluation and proposal clarification will commence.

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4 7. In the event the City deems it necessary to clarify or make any changes to this RFP, these changes shall be made in the form of a written addendum authorized and issued only by the City Purchasing Officer or authorized designee.

8. The City reserves the right to negotiate modifications with any Responder as necessary to serve the best interest of the City. Any Proposal may be rejected if it is conditional, incomplete or deviates from specifications in this request. The City reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects or other improprieties, which the City deems reasonably correctable or otherwise not warranting rejection of the Proposal. Any waiver will not excuse a proponent from full compliance.

9. The City reserves the right to:

 negotiate the final Agreement with any Responder(s) as necessary to serve the best interest of the City of Orange;

 withdraw this RFP at any time without prior notice and, furthermore, makes no representations that any contract will be awarded to any Responder responding to this RFP; or

 award its total requirements to one Responder or to apportion those requirements among two or more Responders as the City may deem to be in its best interest.

In addition, negotiations may or may not be conducted with Responders; therefore, the Proposal submitted should contain the Responder’s most favorable terms and conditions, since the selection and award may be made without discussion with any Responder.

13. Where two or more Responders desire to submit a single proposal in response to this RFP, they should do so on a prime/sub-contractor basis rather than as a joint venture.

The City intends to contract with a single firm and not with multiple firms doing business as a joint venture.

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5 SECTION II: PROPOSAL RESPONSE REQUIREMENTS

Proposals shall contain no more than 20 pages (excluding appendices such as key staff resumes or the cost proposal). The proposal must include a Letter of Interest and the information described below. Proposals shall include sections for:

A. Project Understanding - Proposal shall include knowledge of state housing laws, ordinances and related regulations, scope of work, and issues.

B. Key Staff, Qualifications and Experience - Proposal shall identify key staff and their role in completing the project. Proposal shall describe key staff qualifications to conduct requested work. Proposal shall describe at least three recent similar projects completed by key staff in the last seven years.

C. Scope of Work - Proposal shall include a detailed scope of work and describe the approach, methodologies, and anticipated issues and solutions for each task.

D. Schedule - Proposal shall include a simple schedule showing completion dates for each task/deliverable identified in the scope of work.

E. Cost Proposal - Cost Proposal shall provide itemized costs for each task identified in the scope of work. Each itemized cost must identify: 1) a total number of staff hours by staff person by task for each task listed in the scope of work, 2) a “not to exceed” cost for each task of the project, and 3) billable rates for each key staff person.

SECTION III: SCOPE OF WORK

A. Background

The Census estimates the City of Orange population at 137,264 persons. The City is situated in north-central Orange County, approximately 32 miles southeast of Los Angeles. The City's incorporated land area is approximately 35 square miles. The City’s land uses consist of a mix of residential, commercial, industrial and open space.

The City of Orange is largely built-out with many candidate sites for redevelopment consisting of small, isolated parcels in transitional areas along low-intensity commercial areas directly interfacing with single and multi-family residential districts.

The City’s residential districts are predominantly traditional single-family subdivisions in environments ranging from urban to suburban to semi-rural. Multiple-family residential and mixed use zoning districts that allow higher density housing projects are typically located close to major arterials, employment nodes, or are located as transition zones between commercial or industrial zones and single-family residential neighborhoods. The 2021-2029 City of Orange Housing Element adopted by the City Council demonstrates that the City meets its Regional Housing Needs Assessment (RHNA) housing allocation using existing zoning. The element may be viewed on the City website here:

https://www.cityoforange.org/home/showpublisheddocument/2542/63777003060920 0000

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6 Appendix B of the element shows that candidate housing sites are predominantly identified in the western locations of the City and include areas at W. Katella Avenue, S. Main Street, Town and County Road, and the Outlets at Orange. These sites are infill development candidates enabled by mixed use opportunities with shared parking.

Although the element remains subject to revision and California Department of Housing and Community Development certification, staff anticipates that identified candidate housing sites will remain adequate. Of note, the City did not fulfill its very low income housing needs from the 5th RHNA cycle. Hence, objective design standards applicable citywide is necessary. Furthermore, creation of objective development standards would meet needs from Housing Policy Action 2E of the adopted Housing Element.

B. Scope of Services Required

This scope of work and final deliverable will apply to all eligible multifamily and mixed use residential projects. However, the City wishes to retain subjective design review for ineligible projects. The City’s objective is to establish objective design standards that reflect the community’s vision for different geographic areas of the community and retain ability to direct the design of new residential developments. The City currently relies significantly on subjective design standards, implemented through a multi-month (6-9 month) design review process that often requires determinations by the City’s Design Review Committee and Planning Commission, for approval of multi- family housing projects.

The City seeks an experienced and qualified consultant to prepare detailed Objective Design Standards that:

 Comply with State law.
 Streamline project review and permitting or facilitate ministerial project review.  Support contextually appropriate development.
 Graphically display Objective Design Standards
 Provide for sensitive transitions between adjacent established neighborhoods as well as neighborhoods and commercial districts.
 Ensure consistent application of standards for eligible projects but allow ineligible projects to maintain subjective standards.
 Are sensitive to City of Orange, land use environment, community culture, and long term vision for residential areas expressed in the General Plan.  Implement the General Plan.
 Are compatible with the City’s development standards.  Provide specific site planning standards such as building orientation, site layout, site access, on-site streets, parking lots and courts, EV parking stations, trash enclosures, utilities, water heaters and AC units, etc.  Provide standards specific to landscaping, monument signage, open space requirements for common and private open space, site lighting, walls and fences, etc.
 Include building design standards such as, but not limited to, general building form, building height and massing, façade articulation, multistory buildings, roof forms, doors and entryways, windows, and garages.
 Include architectural standards for distinct styles which specify criteria for the following: form and massing, roof, materials and colors, doors and windows, and 188

7 decorative details. Criteria should list required elements and optional elements that will enhance proposed projects.

ANTICIPATED WORK & REQUESTED DELIVERABLES

The City desires to prepare and implement Objective Design Standards to streamline the entitlement review process and facilitate multifamily development in accordance with recent State housing laws.

Task 1: Analysis of City Planning and Land Use Policy Documents

This task consists of examining existing land use policy documents including, but not limited to, the General Plan, Zoning Ordinance, and Infill Residential Development Guidelines, as well as the entitlement process, and recent relevant residential projects that would have been candidates for objective design standards. At minimum, the work effort should include:
 Review the relevant land use planning documents and past projects for objective design standards.
 Tour recent development established under existing standards or specific plans and areas of the City where multifamily residential development is likely to occur.  Prepare a comparison of other jurisdictions’ Objective Design Standards.

Deliverable 1 – Prepare a report to the City describing the consultant’s analysis and evaluation of development standards and the entitlement process for multifamily development, and identify options and recommendations for the design standards approach (MS Word and PDF Format).

Task 2: Outreach

Initially the team should conduct a technical review and analysis of the City’s existing policies, development standards and regulations, and permit procedures, including the City’s General Plan and the City of Orange Municipal Code Zoning and Subdivision Ordinance. In addition, the team should review how development standards are currently being interpreted and applied during the present permit review process.

Next, the project team is expected to engage in outreach with representatives of City departments involved in subdivision and development review (Building Division, Public Works, Crime Prevention, and Fire Department).

Subsequently, public outreach shall occur with residential neighborhoods followed by focused interaction with stakeholders representing the development community to gain a direct understanding of aspects of objective design standards. This particularly includes best practices in facilitating development and lessons learned about potential unintended consequences of standards that may have ultimately presented obstacles for creative site planning and context-sensitive development.

The final step for this task is to report to the Design Review Committee on comments from staff and the development community and concepts being considered for formal 189

8 Objective Design Standards. Concepts shall be presented utilizing illustrations and the team shall be responsible for a PowerPoint presentation(s).

Deliverable 2a – Conduct stakeholder meetings with the following groups:
 City Staff
 Residents/Citizens
 The Development Community
 The Design Review Committee (DRC)

Multiple meetings with each group should be anticipated to receive necessary feedback. A summary report of feedback received shall be provided for each meeting to inform the content of the draft objective design standards.

Deliverable 2b – PowerPoint Presentation(s) and summary reports of feedback

Task 3: Draft Objective Design Standards

Following City staff review of the Task 1 and 2 deliverables, City staff and the consultant team will meet and agree on a direction. Based on this direction the consultant shall prepare draft Objective Design Standards including an outline the entitlement process for eligible projects. The draft standards should anticipate heavy use of graphics, as appropriate, to communicate standards and make the material user-friendly.

Deliverable 3 – The following deliverables should be provided in association with Task 3:

 Preliminary draft Objective Design Standards for City review (MS Word and PDF Format). This document shall be circulated for inter-departmental review with a consolidated set of comments provided to the consultant by the City’s project manager.
 A final draft of the Objective Design Standards that addresses any follow-up comments on the preliminary draft standards (MS Word and PDF Format).

Preparation of the final draft should anticipate only minor adjustments or clean-ups to the preliminary draft standards.

Task 4: Design Review Committee, Planning Commission and City Council Hearings

This task consists of attendance and presentation/materials as needed for Design Review Committee, Planning Commission, and City Council meetings.

Deliverable 4 – Attendance at one DRC meeting (with exception of the DRC stakeholder meetings, one Planning Commission public hearing, and one City Council public hearing. Attendance at additional meetings may be warranted. Therefore, the scope of work and budget should identify attendance at additional meetings as an option.

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9 Note: Although staff has made its best effort to outline a reasonable scope of work given the timeline and budget, staff is amendable to consultant suggestions as to any task, method or approach we have not considered. Consultant shall provide a cost estimate for the requested work but may offer additional suggestions in its proposal.

Task 5: Objective Design Standards Final Revisions

This task involves revising the Objective Design Standards as requested by the City’s recommending bodies and the City Council.

Deliverable 5 – Preparation of final Objective Design Standards and presentation of all files in MS Word and PDF formats.

SECTION IV: EVALUATION PROCESS/CRITERIA FOR EVALUATION

A city staff selection committee will evaluate all proposals and make final recommendations for selection. The City reserves the right to reject any and all proposals and to make its selection on a discretionary basis. However, the selection committee will evaluate proposals primarily on the criteria specified in the Scope of Work.

Selection of the Consultant will be based on the criteria listed below. Total possible points is 100 with each section receiving the following points:

A. Project Understanding (20 points)
a. Understanding of project issues, scope and deliverables. b. Knowledge of applicable regulations.

B. Key Staff, Qualifications and Experience (30 points) a. Overall professional experience, reliability, and continuity of the firm and key staff. b. Education, certifications, and training of key personnel to be assigned to the work. c. If sub-consultants are proposed, the track records of team members’ experience working together and on similar projects.

C. Scope of Work (30 points)
a. Detailed approach, methodology and deliverables for each task. b. Demonstrates an understanding of project issues and the required work effort. c. Ability to produce a high quality, custom document with quality graphics. d. Quality of the proposal. The proposal should clearly demonstrate the firms’ understanding of the City’s overall objectives for Objective Design Standards.

D. Project Schedule (10 points)
a. Includes a logical sequencing of work.
b. Proposed schedule is reasonable and aligned with City schedule.

E. Cost (10 points)
a. The cost proposal is clear and organized by the tasks listed in the scope of work. b. The cost is reasonable and within the City’s budget.

SECTION V: SELECTION/AWARD PROCEDURES

A Contract Agreement will be proposed for execution. It may be modified to incorporate other pertinent Articles/Terms and Conditions set forth in this RFP, including those added by addendum, and to reflect the Responder’s offer or the outcome of contract negotiations, if any, conducted with the Responder. The Responder’s exceptions to the terms and 191

10 conditions of the proposed contract, or the Responder’s inability to comply with any of the provisions of the proposed contract, are to be declared in the Proposal.

SECTION VI: STANDARD TERMS AND CONDITIONS

The pages that follow are the standard City Professional Services Agreement template. The template shall be customized to the awarded contract.

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AECOM ││ iGeneral Consulting Services, Discipline Specific Engineering Services, and Power Energy Services for the Year 2023
City of Orange – Objective
Design Standards
Revised on February 9, 2023

REQUEST FOR PROPOSAL FOR
Submitted to: City of Orange
Submitted by: AECOM T echnical Services, Inc.
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AECOM ││ 1City of Orange – Request for Proposal for Objective Design Standards February 9, 2023
Community Development Department, Planning Division
Attn: Chad Ortlieb
City of Orange
300 E. Chapman Avenue
Orange, California 92866
RE: City of Orange Request for Proposal – Objective Design Standards - REVISIONS Dear Mr. Ortlieb and the Selection Committee:

On behalf of the AECOM Technical Services, Inc. (AECOM) team, we are pleased to submit a revised proposal for the creation of Objective Design Standards in the City of Orange. This revision builds off our initial submission, in response to the project needs and constraints articulated to AECOM in discussions with the City.

AECOM is a multi-disciplinary firm offering integrated services across the full spectrum of planning, land use policy, urban design and public outreach, allowing us to work in an efficient, coordinated manner and deliver the highest-quality work. We understand the challenges of updating policies and zoning code, especially when, due to changes in State law, development projects may be larger in scale than many in the community are used to seeing. These standards will bring an opportunity to align the character of future housing with the values of the City and transition between different scales and styles.

We offer a depth of expertise directly relevant to this project, including the creation of objective standards for zoning districts in cities like Santa Monica and South Pasadena, the update of eight Specific Plans with objective standards in Pasadena, as well as specific plans in Burbank and Florence Firestone.

We are excited for this opportunity and look forward to discussing the project further with you.

Sincerely,
Susan Ambrosini
Principal, AECOM
T: 917.692.9593
E: [email protected]
Donna Clandening
Managing Principal, Vice President
Buildings + Places, Southern California
T: 213-593-7761
E: donna.clandening @aecom.com
AECOM
999 W. Town and Country Rd.

Orange, CA 92868
aecom.com
Letter of Interest
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AECOM ││ 2City of Orange – Request for Proposal for Objective Design Standards Project Understanding
Project Understanding
Many cities, including Orange, have relied on a robust
development review process to encourage contextual,
attractive residential projects with high-quality design. However, due to recent California State legislation, cities must shift away from lengthy design review processes and the use of design guidelines as primary tools to influence projects and move to a streamlined model that relies on objective standards. A few significant laws include:
• Housing Accountability Act (SB 167): cities may not deny, reduce the density of, or make housing development
projects infeasible.
• Housing Accountability & Affordability Act (SB 35): housing development projects in cities that fail to make sufficient progress toward meeting their Regional Housing Needs
Assessment (RHNA) goals will be permitted on a ministerial basis when they comply with objective standards and a
specified level of affordability.
• Housing Crisis Act (SB 330): guidelines created after 1/1/2020 cannot be enforced on housing development
projects and a decision in five or fewer public hearings (among other provisions).

While the City of Orange has development standards and
residential design guidelines in place, those which are subjective may no longer be used to deny housing development projects; the City must use objective development and design standards to review eligible housing projects moving forward. Objective standards, which are measurable and independently verifiable using no personal judgment, create greater certainty through the review process and help to streamline project approvals.

Objective design standards make it easier for various
stakeholders – applicants, decision makers, members of the public and staff – to understand the regulations and encourages the production of housing by making the process more certain and less time consuming. The intent is to set requirements up front so potential developers don’t spend time and money on ambiguous process delays and the changing desires of discretionary reviews. The best objective design standards have a predictable outcome yet adapt to allow flexibility for creative and innovative design solutions. They can take many different forms, including measurements and ranges, ratios and calculations, lists and tables, as well as menus of options.

AECOM understands this Objective Design Standards (ODS) project is focused on the following objectives: assessing the City’s existing policies and processes, engaging the community to inform the standards with multiple workshops, crafting the design standards to be both objective and context-sensitive throughout different geographies, making recommendations to streamline review processes, and supporting City staff through Council adoption. The standards will include those related to site planning, building design, open space, landscaping, parking, and related elements such as doors and windows, fences and walls, and architectural styling. These standards will be designed to:
• Comply with State law;
• Streamline project review and permitting or facilitate ministerial project review;
• Support contextually appropriate development an provide for sensitive transitions between adjacent neighborhoods and uses;
• Graphically display standards; and
• Ensure consistent application for eligible projects.

We also understand that the standards must be sensitive to the City of Orange’s community culture, environment, and long- term vision; consistent with the General Plan; and compatible with applicable development standards. The creation of these standards will help satisfy the City’s Housing Policy Action 2E from its adopted Housing Element, which is designed to facilitate infill residential construction by streamlining review processes and reducing/objectifying development standards.

AECOM is currently creating objective design standards for the cities of Santa Monica, Pasadena, South Pasadena, Montebello, Santa Fe Springs, Burbank, and Long Beach. Our team of urban planners, designers, architects, and landscape architects understand how to create the right balance between design standards that elevate the quality of design in communities, but that also allow for an appropriate amount of flexibility for property owners and developers. We have found that
collaborating with the local design and development community is often the most effective way to gain support for the new standards and the incorporation of simple, straightforward visuals and photographs is critical to communicating new standards to the community and stakeholders. As a team with public sector current planning experience, we understand the importance of consistency across zones and integration into the wider zoning code to create a process that’s easy for Orange’s planners to implement. The following section contains our scope of work based on our understand of the City’s needs for this project. We look forward to the opportunity to discuss in more detail.
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AECOM ││ 3City of Orange – Request for Proposal for Objective Design Standards Scope of Work
AECOM has developed the following revised approach to completing the Scope of Work outlined in the RFP , as well as subsequent discussions with staff regarding project constraints and needs. We propose a collaborative process, engaging with city staff throughout the project.

Task 1: Analysis of City Planning and Land Use
Policy Documents
Task 1.1: Kick-off Meeting w/ Site Visit and City Staff discussions
The project team will hold one (1) kick-off meeting in which we anticipate the following items to be addressed:
• Key project goals and objectives;
• Project schedule and milestones;
• Scope of work adjustments or clarifications;
• Roles and communication protocols;
• Cloud-based document sharing;
• Style guides and formatting preferences;
• Invoicing procedures and format; and
• Scheduling of biweekly project management meetings.

After the meeting, AECOM will provide meeting notes and a list of initial data and information needs.

To obtain an understanding of baseline conditions, AECOM will meet with the City’s planning staff to discuss recent projects in the area, zoning issues that may be contributing to the lack of housing development, or design issues to be addressed as part of the new zones. This insight will allow for the everyday application knowledge of the City’s zoning staff to assess the facets of existing code and processes that work well or result in challenges for achieving desired development and investment.

Building upon this context, AECOM will then schedule a site visit with City staff to better understand recent development and design issues and successes and take photographs for use throughout the project. As part of the site visit, AECOM will observe recently constructed residential development as well as areas anticipated for future multifamily development to gain insight on what elements of design are important to the City.

Task 1.2: Planning and Land Use Policies Review and
Memo
AECOM will conduct a high-level review of the regulatory framework focused on land use policies and the current
entitlement process for eligible residential projects. This review will include:
• An analysis of the City’s General Plan, Zoning Ordinance, and Infill Residential Design Guidelines, as they relate to design standards;
• A summary of existing multi-family or mixed use permit procedures;
• A review of any related planning efforts as they relate to residential development;
• An assessment of current and representative housing
project applications and plans provided by the City to
understand how existing development standards are being applied and interpreted; and
• An overview of and comparison to similar cities’
development and design standards.

The review will be summarized in a brief memo, which will identify options and recommendations for a design standard approach.

Task 1 Deliverables
• Kick off meeting agenda, attendance, and meeting notes • Attendance at one City staff discussion (up to 2 hours) – Up to two (2) AECOM staff present
• Site visit with up to three (3) AECOM staff, with agenda and meeting notes
• City planning/land use policies memo (Word/PDF)
Scope of Work
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AECOM ││ 4City of Orange – Request for Proposal for Objective Design Standards Task 2: Preliminary and Final Objective
Design Standards
Task 2.1: Preliminary Design Standards
Efforts in Task 1 will identify the baseline for the creation of new objective design standards.The design standards will be aligned with the intent, density, form, and development standards of Orange. AECOM understands that objective
standards need to reflect current State law, allow for
architectural flexibility and creativity, and enable shifting market demand and trends.

Preliminary standards will be separated into two types of development: multi-family and mixed-use. AECOM will work with staff to tweak the standard language where necessary to fit different zoning districts and ensure that the design standards properly scale when applied to areas with different development standards (i.e. height/FAR/density limits,
setbacks, etc). Where appropriate, new standards will include clear, easily legible graphics that will be user-friendly for applicants and City staff as well as the general public.

The preliminary standards will be provided to staff for one (1) round of review and comment, to inform revisions to be made to the final standards, to be delivered within Task 2.2.

Task 2.2: Final Objective Design Standards
After City staff review, AECOM will address staff comments and adjust the standards and process recommendation
for the final design standards. This task has been designed to result in a deliverable that City staff can take forward to recommending and decision making bodies, as appropriate.

Should the City require assistance with meetings or outreach efforts associated with the draft or final standards, AECOM can provide for an additional fee.

Task 2 Deliverables
• Preliminary Design Standards and entitlement process
outline (Word or InDesign, and PDF)
• Final Design Standards (Word or InDesign and PDF)
Task 3: Project Management
AECOM’s Project Manager will provide consistent project management across the life of the project, including
coordination with the City’s Project Manager on biweekly project management meetings, with other staff invited as warranted. The PM will manage this on a time and materials basis to attend as many coordination meetings as possible within the task budget. Coordination is assumed to include meetings and/or calls to address any topic including but not limited to: technical materials, staff input and direction, as well as general project planning.

If the City prefers, AECOM can allocate Project Management proportionally within Tasks 1 above, instead of separating it into an individual task.

Deliverables
• Biweekly meeting agendas and notes
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AECOM ││ 5City of Orange – Request for Proposal for Objective Design Standards Below is our proposed schedule based on the scope provided in the RFP and our experience on similar projects.

Week
1/2
3/4
5/6
7/8
9/10
11/12
13/14
15/16
17/18
19/20
21/22
23/24
25/26
27/28
Task 1 Analysis of City Planning and Land Use Policy Documents

1.1 Kick off meeting w/ site visit and City Staff discussions

1.2 Planning and Land Use Policies Review
Task 2 Draft Objective Design Standards

2.1 Preliminary Design Standards

2.2 Final Objective Design Standards
Task 3 Project Management

3.1 Biweekly Meetings

3.2 Ongoing Project Management
Schedule
Schedule
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AECOM ││ City of Orange – Request for Proposal for Objective Design Standards Hourly Rate
Susan
Ambrosini
Project Director
Scott
Williamson
Project
Manager
Mike Peterson
T ask Lead /
Urban Planner +
Designer
Kevin Borja
Urban Planner
/ Outreach
Specialist
BeiBei Chen
Urban Designer
Mark McVay
Principal
Architect
Brendan
Kempf
Landscape
Architect
Joseph Nally
Project
Administration
Total
Hours Labor Cost ODCs Total Cost$250.00 $215.00 $125.00 $125.00 $185.00 $300.00 $150.00 $150.00 Task 1 Analysis of City Planning and Land Use Policy
Documents 21 36 32 56 0 2 0 0 147 $24,590 $200 $24,790

1.1 Kick off meeting w/ site visit and City Staff
discussions 15 28 20 16 2 81 $14,870 $200 $15,070

1.2 Planning and Land Use Policies Review 6 8 12 40 66 $9,720 $9,720 Task 2 Draft and Final Objective Design Standards 15 30 70 100 40 12 16 0 443 $69,425 $69,425

2.1 Preliminary Design Standards 15 30 70 100 40 12 16 283 $44,850 $44,850

2.2 Final Objective Design Standards 15 30 75 40 160 $24,575 $24,575 Task 3 Project Management 24 63 20 0 0 0 0 12 119 $23,845 $23,845

3.1 Biweekly Meetings 14 28 20 62 $12,020 $12,020

3.2 Ongoing Project Management 10 35 12 57 $11,825 $11,825 60 129 122 156 40 14 16 12 709 $117,860 $200 $118,060
Cost Proposal
Rates are subject to annual escalation of 4% beginning on Octobe r 1, 2023. 199
AECOM ││ vGeneral Consulting Services, Discipline Specific Engineering Services, and Power Energy Services for the Year 2023
Contact
Susan Ambrosini, AICP
Principal
T: 917.692.9593
[email protected]
aecom.com
About AECOM
AECOM is the world’s trusted infrastructure consulting firm, delivering professional services throughout the project lifecycle – from advisory, planning, design and engineering to program and construction management. On projects spanning transportation, buildings, water, new energy and the environment, our public- and private-sector clients trust us to solve their most complex challenges. Our teams are driven by a common purpose to deliver a better world through our unrivaled technical and digital expertise, a culture of equity, diversity and inclusion, and a commitment to environmental, social and governance priorities.

AECOM is a Fortune 500 firm and its Professional Services business had revenue of $13.1 billion in fiscal year 2022. See how we are delivering sustainable legacies for generations to come at aecom.com and @AECOM.
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201

PROFESSIONAL SERVICES AGREEMENT
[Planning Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 23 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and AECOM TECHNICAL SERVICES, INC., a California corporation (“Contractor”), who agree as follows:

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

Contractor shall perform all services in accordance with the degree of professional skill, quality and care ordinarily exercised by members of the same profession currently practicing in the same locality under comparable circumstances and as expeditiously as is consist ent with professional skill and the orderly progress of the Project, and to a manner reasonably satisfactory to City. All services provided shall conform to all federal, state and local laws, rules and regulations and to the customary professional standar ds and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Chad Ortlieb, Principal Planner (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED EIGHTEEN THOUSAND SIXTY DOLLARS and 00/100 ($118,060.00) without the prior written authorization of City.

b. The above compensation shall include all cos ts, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to Ci ty an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

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

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

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

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

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

8. Designated Persons. Only those qualified perso ns authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 203
3 It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

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

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

12. Reserved.

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

14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor specifically and exclusively for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City upon payment for same. City may use, reuse or otherwise utilize such products without restriction. The Contractor does not intend or represent that such documents or materials will be suitable for reuse.

If the City reuses the same, such action shall be at the City’s risk and w ithout liability to the Contractor. If the Contractor furnishes partially complete documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products or documents and materia ls by virtue of termination under paragraph 19. herein, the Contractor shall not be held accountable or responsible for the completeness of any document or material so produced.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

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4 a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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

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

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

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

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all claims un der workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, includin g injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall 205
5 indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnitees, the indemn ifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits unde r any City program.

b. Contractor shall maintain during the life of this Agreement the following amount of comprehensive general liability insurance or commercial general liability insurance :

One Million Dollars ($1,000,000) per occurrence. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following amount of automotive liability insurance : a combine d single limit of One Million Dollars ($1,000,000). Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. Nothing contained in the insurance requirements of this Agreement, or any Contract Documents is to be construed as limiting the liability of the Contractor or the liability of any subconsultant of any tier, or either of their respective insurance carriers. No representation is made that the minimum ins urance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are included to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences 206
6 that City is an additional insured as a c ontracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for five (5) years from the date of completion of this Agreement.

g. The general liability and automotive liability insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such reasonable costs and direct damages resulting therefrom, by way of set -off from any sums owed Contractor.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein with exception of professional liability, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

l. Contractor shall require all subcontractors, if any, to provide its own insurance coverage and shall furnish separate certificates and endorsements to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls wi thin any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified preva iling rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

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

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

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

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

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

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

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply wi th said laws, rules and regulations in connection with the performance of this Agreement.

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

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

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, 209
9 postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

AECOM Technical Services, Inc. City of Orange
300 South Grand Avenue, 9th Floor 300 E. Chapman Avenue Los Angeles, CA 9071 Orange, CA 92866-1591

Attn.: Susan Ambrosini/Scott Williamson Attn.: Chad Ortlieb

Telephone: (213) 996-2458/(929) 216-4306 Telephone: (714) 744-7237 E-Mail: [email protected] E-Mail: [email protected] [email protected]

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

[Remainder of page intentionally left blank; signatures on next page]

210
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

AECOM TECHNICAL SERVICES, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

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

√

211

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
212
Agenda Item
City Council
Item #: 3.7. 4/25/2023 File #: 23-0225
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Second Amendment to the Agreement with The HUB OC for on-site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Project.

2. SUMMARY
Second Amendment to the Agreement with The HUB OC in the amount of $705,600, for a total contract not-to-exceed amount of $1,105,600 to continue services, referrals, food, and resources needed for those experiencing homelessness.

3. RECOMMENDED ACTION

1. Approve the Second Amendment to the Agreement with The HUB in the amount of $705,600 for services in support of the 517 W. Struck Project and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $705,600 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - Other Prof & Consulting- 517 W. Struck Transit.

4. FISCAL IMPACT
The total expenditure for this Amendment is $705,600 and will be funded through the General Fund (100).

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

6. DISCUSSION AND BACKGROUND
Pursuant to an agreement reached in federal court, the City has partnered with The HUB OC (HUB) to oversee and manage the onsite operations and services for those experiencing homelessness.

The HUB provides food services, mail services and manages showers, restrooms (including ADA facilities), and laundry services at the HUB Resource Center (HRC), located at 517 W Struck Ave.

The HUB also provides connections to shelter services with partner organizations through the Coordinated Entry System and Homeless Management Information System, access to phones and facsimile services, phone charging services, and/or referrals to medical, dental, and vision services, City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.7. 4/25/2023 File #: 23-0225
veterinary services, COVID-19 vaccinations, haircuts, and clothing suppliers.

In 2022, the City Council approved an agreement with the HUB for $700,000 of Community Development Block Grant (CDBG) Coronavirus Aid, Relief, and Economic Security (CARES) funding, exhausting the available CARES funding available for this project. Additionally, in November 2022, the City Council approved a separate Agreement with The HUB for $400,000 in General Fund (100) funding to continue to provide services after exhausting the CARES funding.

Since November 2022, costs of service have increased. For example, the cost of food service increased due to the increase in grocery products worldwide. Additionally, The HUB was required to provide dairy products that are unable to be donated at this time. Therefore, the existing Agreement does not have enough contract authority to cover expenditures through the duration of the court order.

The Second Amendment to the Agreement proposed herein will increase the General Fund (100) contract authority by $705,600, for a total not-to-exceed amount of $1,105,600, to ensure The HUB can continue services for the duration of the court agreement, set to expire April 30, 2023.

Additionally, the Second Amendment would provide additional funding through September 2023 while the City transitions out of the court mandate. Should any funding separate from the General Fund become available, including funding for reimbursement, staff will return to the City Council with a recommendation to use an alternate funding source.

7. ATTACHMENTS
· Second Amendment to the Agreement with The HUB OC (AGR-7437) City of Orange Printed on 4/20/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.7. 4/25/2023 File #: 23-0225
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Second Amendment to the Agreement with The HUB OC for on-site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Project.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this Amendment is $705,600 and will be funded through the General Fund (100).

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

The HUB provides food services, mail services and manages showers, restrooms (including ADA facilities), and laundry services at the HUB Resource Center (HRC), located at 517 W Struck Ave.

The HUB also provides connections to shelter services with partner organizations through the Coordinated Entry System and Homeless Management Information System, access to phones and facsimile services, phone charging services, and/or referrals to medical, dental, and vision services, City of Orange Printed on 4/20/2023Page 1 of 2
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215
Item #: 3.7. 4/25/2023 File #: 23-0225
veterinary services, COVID-19 vaccinations, haircuts, and clothing suppliers.

7. ATTACHMENTS
· Second Amendment to the Agreement with The HUB OC (AGR-7437) City of Orange Printed on 4/20/2023Page 2 of 2
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216

SECOND AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Continuum of Care Coordination Services]

THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and Allelous dba, The HUB OC, a California nonprofit corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7437) dated November 15 , 2022, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor amended the Original Agreement to revise the term by a First Amendment to Professional Services Agreement (Agreement No. 7437.1) dated February 14, 2023, which is incorporated herein by this reference (the “First Amendment”); and

C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement , revise the term and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Time of Completion. Section 10 of the Original Agreement , “Time of Completion; Term” is hereby amended in its entirety to read as follows:

“Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work as agreed to by the representatives of the parties.”

Section 4. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by SEVEN HUNDRED FIVE THOUSAND SIX HUNDRED DOLLARS and 00/100 ($705,600.00) and Section 2.a is hereby amended in its entirety to read as follows:

217
2 “Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE MILLION ONE HUNDRED FIVE THOUSAND SIX HUNDRED DOLLARS and 00/100 ($1,105,600.00) without the prior written authorization of City.”

Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency bet ween the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.

“CONTRACTOR” “CITY”

The HUB OC, a California nonprofit corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corpo rate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified b y the Secretary close in time to the execution of the Agreement, must be provided to City. √
218
Agenda Item
City Council
Item #: 3.8. 4/25/2023 File #: 23-0264
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
First Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services relating to litigation defense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al.

2. SUMMARY
The City currently has an agreement with Everett Dorey LLP to provide litigation services for the City’sdefense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al., for an amount not to exceed $30,000, which will soon be expended. The proposed First Amendment will increase the not-to-exceed amount by $200,000 for a total amount not-to-exceed $230,000.

3. RECOMMENDED ACTION

1. Approve a First Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $200,000 and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $200,000 from the General Fund unreserved fund balance to expenditure account number 740.0301.51600.00000, Self-Insurance - Liability Fund - Legal Services.

4. FISCAL IMPACT
The total expenditure for this amendment is $200,000 and will be funded through General Fund (100).

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

6. DISCUSSION AND BACKGROUND
While the City Attorney’sOffice handles most litigation matters in-house, the City does contract with outside counsel when the complexity of a case, or a significant burden to staff time requires additional staffing expertise. The litigation in this case involves allegations of wrongful death, negligence, and dangerous condition of public property which is very time consuming and would over -burden in-house legal staff.

The First Amendment of the agreement, to increase the contract by $200,000, will raise the total not to exceed amount to $230,000, and is necessary to carry out further defense of the City in this case City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.8. 4/25/2023 File #: 23-0264
through trial, currently set to go forward on September 11, 2023.

7. ATTACHMENTS
· First Amendment to Attorney Services Agreement
City of Orange Printed on 4/20/2023Page 2 of 2
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220
Agenda Item
City Council
Item #: 3.8. 4/25/2023 File #: 23-0264
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

3. RECOMMENDED ACTION

1. Approve a First Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $200,000 and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $200,000 from the General Fund unreserved fund balance to expenditure account number 740.0301.51600.00000, Self-Insurance - Liability Fund - Legal Services.

4. FISCAL IMPACT
The total expenditure for this amendment is $200,000 and will be funded through General Fund (100).

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

The First Amendment of the agreement, to increase the contract by $200,000, will raise the total not to exceed amount to $230,000, and is necessary to carry out further defense of the City in this case City of Orange Printed on 4/20/2023Page 1 of 2
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221
Item #: 3.8. 4/25/2023 File #: 23-0264
through trial, currently set to go forward on September 11, 2023.

7. ATTACHMENTS
· First Amendment to Attorney Services Agreement
City of Orange Printed on 4/20/2023Page 2 of 2
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222

FIRST AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT

THIS FIRST AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of __________________, 2023 by and between the CITY OF ORANGE, a municipal corporation (“City”), and EVERETT DOREY LLP (“Law Firm”), with reference to the following:

A. City and Law Firm entered into an Attorney Services Agreement (Agreement No. 7443) dated as of November 30, 2022, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Law Firm desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section II. Payment -A. of the Original Agreement is increased by TWO HUNDRED THOUSAND DOLLARS and 00/100 ($200,000.00) and Section II. Payment - A. is hereby amended in its entirety to read as follows:

“City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to this Agreement at the hourly rates set forth in the attached Exhibit “A”.

Total payments for services performed pursuant to this Agreement shall not exceed Two Hundred Thirty Thousand Dollars ($230,000.00) without prior approval of City Council of City. A condition precedent to any payment to Law Firm shall be that Law Firm shall submit, at least quarterly, a separate statement of account on each file which clearly sets forth by dates the designated items of work, the work time of each item and amount charged for said work time.”

Section 4. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
223
2 IN WITNESS of this Agreement, the parties enter into this First Amendment on the year and day first above written.

“LAW FIRM” “CITY”

EVERETT DOREY LLP CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

*NOTE: If Law Firm is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
224
Agenda Item
City Council
Item #: 3.9. 4/25/2023 File #: 23-0275
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Second Amendment to Attorney Services Agreement with Ring Bender LLP to include the provision of specialized legal advice and services relative to state land use and housing laws.

2. SUMMARY
The City currently has an agreement with Ring Bender LLP to provide specialized legal advice and services relative to state election laws and land use and housing laws, for an amount not to exceed $30,000, which will soon be expended. The proposed Second Amendment will increase the not to exceed amount by $20,000 for a total amount not to exceed $50,000.

3. RECOMMENDED ACTION

1. Approve a Second Amendment to Attorney Services Agreement with Ring Bender LLP in the amount of $20,000 and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $20,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.

4. FISCAL IMPACT
The total expenditure for this amendment is $20,000 and will be funded through General Fund (100).

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

6. DISCUSSION AND BACKGROUND
While the City Attorney’sOffice handles most state land use and housing law matters in-house, the City does contract with outside counsel when the complexity of a case, or a significant burden to staff time requires additional staffing expertise. The services relative to state land use and housing laws are very time consuming and would over-burden in-house legal staff.

The Second Amendment of the agreement, increasing the contract by $20,000, will raise the total not -to-exceed amount to $50,000 and is necessary to carry out specialized legal advice and services.

7. ATTACHMENTS
· Second Amendment to Attorney Services Agreement
City of Orange Printed on 4/20/2023Page 1 of 1
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225
Agenda Item
City Council
Item #: 3.9. 4/25/2023 File #: 23-0275
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Second Amendment to Attorney Services Agreement with Ring Bender LLP to include the provision of specialized legal advice and services relative to state land use and housing laws.

3. RECOMMENDED ACTION

1. Approve a Second Amendment to Attorney Services Agreement with Ring Bender LLP in the amount of $20,000 and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $20,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.

4. FISCAL IMPACT
The total expenditure for this amendment is $20,000 and will be funded through General Fund (100).

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

The Second Amendment of the agreement, increasing the contract by $20,000, will raise the total not -to-exceed amount to $50,000 and is necessary to carry out specialized legal advice and services.

7. ATTACHMENTS
· Second Amendment to Attorney Services Agreement
City of Orange Printed on 4/20/2023Page 1 of 1
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226

SECOND AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT

THIS SECOND AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ___________ _______, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and RING BENDER LLP (“Law Firm”), with reference to the following:

A. City and Law Firm entered into an Attorney Services Agreement (Agreement No. 7409) dated August 31, 2022 , which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Law Firm amended the Original Agreement to include the provision of specialized legal advice and services relative to state land use and housing laws by a First Amendment to Attorney Services Agreement (Agreement No. 7409.1) dated February 14, 2023 , which is incorporated herein by this reference (the “First Amendment”); and

C. City and Law Firm desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section II.A of the Original Agreement is increased by TWENTY THOUSAND DOLLARS and 00/100 ($20,000.00) and Section II.A is hereby amended in its entirety to read as follows:

“City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to this Agreement at the hourly rates set forth in Exhibit “A,” attached and incorporated herein by this reference. Total payments for services performed pursuant to this Agreement shall not exceed FIFTY THOUSAND DOLLARS and 00/100 ($50,000.00) without prior written approval of City Council. A condition precedent to any payment to Law Firm shall be that Law Firm submit a statement which clearly sets forth, by dates, the designated items of work, the work time of each item and amount charged for said work time.”

227
2 Section 4. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.

“LAW FIRM” “CITY”

RING BENDER LLP CITY OF ORANGE, a municipal corporation

By: By:

Christine Hein, Managing Partner Daniel R. Slater, Mayor [email protected]

ATTEST:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

√
228
Agenda Item
City Council
Item #: 3.10. 4/25/2023 File #: 23-0283
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $32,200 in designated grant and donation funding received from the California Library Association, California State Library, and Friends of the Orange Public Library.

2. SUMMARY
Grant and donation funds from the California Library Association, California State Library, and Friends of the Orange Public Library will be used to enhance and expand the Library’sprogramming and resources, provide books and hotspots to enhance and expand the Library’s collections, purchase comfortable furniture for use by the public, and enhance and expand the Library’soutreach to families.

3. RECOMMENDED ACTION

1. Accept into the City’s budget $32,200 in grant and donation funds from California Library Association, California State Library, and the Friends of the Orange Public Library into the following revenue account numbers in the General Fund:
$ 2,200 100.2001.45495.30121 - Lunch at the Library Grant $30,000 100.2001.48390.19990 - Friends of the Library

2. Authorize the appropriation of $32,200 in grant and donation funds into the following expenditure account numbers in the General Fund:
$11,000 100.2001.53301.19990 Library Books
$13,500 100.2001.55131.19990 Furniture, Machinery, and Equipment $ 2,500 100.2004.55131.19990 Furniture, Machinery, and Equipment $ 3,000 100.2014.53340.19990 Craft Supplies
$ 2,200 100.2016.53340.30121 Lunch at the Library Grant

4. FISCAL IMPACT
The total appropriation for this grant and donation is funded by the additional revenue received from California Library Association, California State Library, and the Friends of the Orange Public Library.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.10. 4/25/2023 File #: 23-0283
programs, projects, and services.

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded a $2,200 Lunch at the Library Grant for Fiscal Year 2022-2023 (FY23). The California Library Association and California State Library have generously provided support to our Library to ensure children’sbodies and minds are well-fed this summer. This program is made possible through the dedication of trained Library staff and by a collaboration with Orange Unified School District, which also distributes food at lunchtime to other locations around the community. For many children in low-income communities, the stability and nutrition offered by the lunches they get at school ends with summer vacation. Summer meal programs like Lunch at the Library help combat childhood hunger and obesity by providing free, healthy meals to children in low- income neighborhoods while connecting them with library resources and programming. This summer, children visiting El Modena Branch Library at lunchtime will receive a lunch, crafts, free books, and a Summer Reading Club log to track their reading. Last year, the Library served 947 meals to children; families who participated in Lunch at the Library collectively experienced $4,024.75 in food savings.

All funds must be spent or encumbered by the end of July 2023.

The Friends of the Orange Public Library (Friends) are donating $30,000 to meet various Library needs, including:
· $11,000 to purchase fiction and nonfiction materials for all ages for the three Library locations. · $13,500 to purchase tables, chairs, and displays for the Library’s public areas. · $2,500 to purchase damaged or lost hotspots for the Library’s collection. · $3,000 to purchase supplies for Pop Up Library outreach.

The Orange Public Library will publicize the Friends’contributions in a variety of ways, including bookplates where appropriate, and credit for programming support on the Library’swebsite, flyers, and social media.

7. ATTACHMENTS
· Lunch at the Library Grant Award Letter
· Lunch at the Library Grant Claim Form
City of Orange Printed on 4/20/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.10. 4/25/2023 File #: 23-0283
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $32,200 in designated grant and donation funding received from the California Library Association, California State Library, and Friends of the Orange Public Library.

3. RECOMMENDED ACTION

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.10. 4/25/2023 File #: 23-0283
programs, projects, and services.

All funds must be spent or encumbered by the end of July 2023.

7. ATTACHMENTS
· Lunch at the Library Grant Award Letter
· Lunch at the Library Grant Claim Form
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Agenda Item
City Council
Item #: 3.11. 4/25/2023 File #: 23-0231
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Elecnor Belco Electric, Inc. for Chapman and Hewes Intersection Signing and Striping Modifications; Bid No. 22-23.36, and finding of CEQA exemption.

2. SUMMARY
Bids for the Chapman and Hewes Intersection Signing and Striping Modifications, (SP-4252) were received and opened on March 23, 2023. One bidder responded to the notice inviting bids. The apparent low bidder is Elecnor Belco Electric, Inc. of Chino, California in the amount of $118,120. The total project cost is $129,932 with a 10% contingency.

3. RECOMMENDED ACTION
Approve contract with Elecnor Belco Electric, Inc. in the total amount of $129,932, representing an original bid amount of $118,120, plus a 10% contingency of $11,812, for Chapman and Hewes Intersection Signing and Striping Modifications; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure including a 10% contingency for this contract is $129,932 and will be funded in Minor Traffic Control Devices (16302) through Capital Projects (500).

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 Chapman and Hewes Intersection Signing and Striping Modifications project proposes to restripe the existing lane configuration at the Chapman Avenue/Hewes Street intersection to add dual left turn lanes on Chapman Avenue. The work involves removing existing striping, applying fog seal to the pavement, and restriping per the new configuration.

The bid solicitation was advertised on March 2, 2023 as an informal bid for a period of three weeks City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.11. 4/25/2023 File #: 23-0231
and bids were opened on March 23, 2023. One bid was received as follows:

1. Elecnor Belco Electric, Inc., Chino $118,120
The low bid is about 13.8% lower than the Engineer’s Estimate of $137,095. Staff checked the references and qualifications for Elecnor Belco Electric, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Elecnor Belco Electric, Inc. be awarded the contract in the amount of $129,932, representing an original amount of $118,120, plus a 10% contingency of $11,812, for Chapman and Hewes Intersection Signing and Striping Modifications.

Construction is scheduled to begin in June 2023 and is expected to be completed by July 2023.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 (c)) because the project involves pavement sealing and striping modifications. No public review is required. The Notice of Exemption has been filed with the County Recorder’s Office.

8. ATTACHMENTS
· Bid Abstract
· Location Map
· Contract with Elecnor Belco Electric, Inc.

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Agenda Item
City Council
Item #: 3.11. 4/25/2023 File #: 23-0231
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Elecnor Belco Electric, Inc. for Chapman and Hewes Intersection Signing and Striping Modifications; Bid No. 22-23.36, and finding of CEQA exemption.

4. FISCAL IMPACT
The total expenditure including a 10% contingency for this contract is $129,932 and will be funded in Minor Traffic Control Devices (16302) through Capital Projects (500).

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.

The bid solicitation was advertised on March 2, 2023 as an informal bid for a period of three weeks City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.11. 4/25/2023 File #: 23-0231
and bids were opened on March 23, 2023. One bid was received as follows:

Construction is scheduled to begin in June 2023 and is expected to be completed by July 2023.

8. ATTACHMENTS
· Bid Abstract
· Location Map
· Contract with Elecnor Belco Electric, Inc.

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1 Bid No. 22-23.36; Project No. SP-4252
Date of Bid Opening: 3/23/2023
Tel. No. (909) 993-5470
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT

PROJECT IMPROVEMENTS
1 Traffic Control and Construction Phasing1 LS 25,000.00$ $25,000.00 $15,000.00 $15,000.00 2 Remove Existing and Install New
Roadway Traffic Signing and Striping,
Raised Pavement Markers (RPM's) and
Pavement Markings (Legends) per Plans
1 LS 30,000.00$ $30,000.00 $22,167.00 $22,167.00 3 Fog Seal per Plans and Specifications7,170 SY 3.50 $ $25,095.00 $3.30 $23,661.00 4 Remove Existing, Furnish and Install New
Traffic Detector Loops (Type "E") (D) 24 EA 500.00$ $12,000.00 $353.00 $8,472.00 5 Remove Existing, Furnish and Install New
Traffic Detector Loops (Type "F") (D) 10 EA 500.00$ $5,000.00 $382.00 $3,820.00 6 Furnish and Install Traffic Signal Video
Image Vehicle Tracking and Detection
System per Specifications (D)
1 LS 40,000.00$ $40,000.00 $45,000.00 $45,000.00 $137,095.00 $118,120.00
City of Orange: Summary of Bid Abstracts for:

Grand Total

ENGINEER'S ESTIMATE
Chapman and Hewes Intersection Signing and Striping
Modifications
Elecnor Belco Electric, Inc.

Chino, CA

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Agenda Item
City Council
Item #: 3.12. 4/25/2023 File #: 23-0274
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for D-179; Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project; authorization to advertise Bid No. 22-23.42; and finding of CEQA exemption.

2. SUMMARY
Plans and specifications for the Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project have been completed, and the project is ready to be advertised for bids. The total estimated construction cost including a 10% contingency and 5% for construction engineering is $370,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for the Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project Bid No. 22-23.42; D-179.

4. FISCAL IMPACT
The estimated total expenditure for this project including contingencies and construction engineering is $370,000 and will be funded in Chapman Ave Bioclean Installation (30163) through:

Sewer (220) $ 61,197
Reimbursable Capital Projects (550) 308,803
Total: $370,000

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 Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project is part of the Public Works Department’s successful efforts to acquire funding from the Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transit Authority (OCTA). This program makes funds available to soliciting cities to help protect Orange County City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.12. 4/25/2023 File #: 23-0274
(OCTA). This program makes funds available to soliciting cities to help protect Orange County beaches and waterways from transportation-generated pollution and improve overall water quality.

The project collects drainage from a total of 196 acres composed of commercial, manufacturing, industrial, bus stop locations, multi-family homes, and single-family residences of Orange. These areas combine to generate potentially significant amounts of leaves, trash, and other debris. The City has looked at various options to control trash and debris. Through the Orange Municipal Code, the City can enforce sections related to littering and nuisances and its weekly street sweeping program picks up a large amount of trash and debris. However, anything not collected by the street sweepers has the potential to enter the storm drain system and impact the downstream water bodies. The proposed Debris Separating Baffle Box (DSBB) helps address this deficiency by capturing trash and debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. The DSBB will be placed on Chapman Avenue approximately 100 feet west of Eckhoff Street. The proposed connector pipe screens (CPS) units also help solve this deficiency by capturing trash and debris and other pollutants within each catch basin. The CPS will be installed in 13 catch basins on Chapman Avenue, Katella Avenue, Main Street, and Brian Street.

The total project cost is estimated at $370,000, including 5% for construction engineering and 10% for contingency. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments, if necessary, and award of contract.

Construction is scheduled to begin in September 2023 and is expected to be completed by October 2023.

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

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 “Existing Facilities” Class 1 and Section 15308 “Actions by Regulatory Agencies for Protection of the Environment” Class 8 because the project involves installation of storm water treatment features to the existing storm drain system and does not increase system capacity or otherwise expand the existing use. No public review is required.

The CEQA Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

8. ATTACHMENTS
· Location Maps
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Agenda Item
City Council
Item #: 3.12. 4/25/2023 File #: 23-0274
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

Sewer (220) $ 61,197
Reimbursable Capital Projects (550) 308,803
Total: $370,000

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 Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project is part of the Public Works Department’s successful efforts to acquire funding from the Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transit Authority (OCTA). This program makes funds available to soliciting cities to help protect Orange County City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.12. 4/25/2023 File #: 23-0274
(OCTA). This program makes funds available to soliciting cities to help protect Orange County beaches and waterways from transportation-generated pollution and improve overall water quality.

Construction is scheduled to begin in September 2023 and is expected to be completed by October 2023.

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

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 “Existing Facilities” Class 1 and Section 15308 “Actions by Regulatory Agencies for Protection of the Environment” Class 8 because the project involves installation of storm water treatment features to the existing storm drain system and does not increase system capacity or otherwise expand the existing use. No public review is required.

The CEQA Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

8. ATTACHMENTS
· Location Maps
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Exhibit 1 - CDS BMP 2020

West of Eckhoff Street
Drainage Area =196 Ac
3000 ft
N ➤ ➤
N
© 2020 Google
© 2020 Google
© 2020 Google
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Exhibit 2A - CPS BMP 2020

Various Locations
Drainage Area =68.9 Ac
1000 ft
N➤➤
N
© 2020 Google
© 2020 Google
© 2020 Google
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Exhibit 2B - CPS BMP 2020

Various Locations
Drainage Area =29.1 Ac
1000 ft
N➤➤
N
© 2020 Google
© 2020 Google
© 2020 Google
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Agenda Item
City Council
Item #: 3.13. 4/25/2023 File #: 23-0279
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.37; SP-4117, Fire Station 2 and 4 Kitchen Remodel; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange entered into a contract with Harbor Coating & Restoration, Inc. for kitchen remodels at Fire Station 2 and 4. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Bid No. 21-22-37; SP-4117, Fire Station 2 and 4 Kitchen Remodel as complete and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.13. 4/25/2023 File #: 23-0279
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.37; SP-4117, Fire Station 2 and 4 Kitchen Remodel; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept Bid No. 21-22-37; SP-4117, Fire Station 2 and 4 Kitchen Remodel as complete and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk

[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

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

NOTICE OF COMPLETION AND ACCEPTANCE

NOTICE IS HEREBY GIVEN that work on that certain public work a nd improvements known as “Fire Station 2 & 4 Kitchen Remodel (Bid No. 21-22.37; SP-4117)” (herein referred to as the “Project”) , for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of t he City of Orange on April 25, 2023 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at two locations which are 2900 E. Collins A ve. and 210 S. Esplanade St. in the City of Orange, State of California. The Contractor who performed (or caused to be performed) said public work and improvements was Harbor Coating & Restoration, Inc., a California Corporation, with its principal office at 625 W. Katell a Ave., Suite 5, in the City of Orange, State of California.

The name of the surety on the Labor and Material Bond for the Project is Argonaut Insurance Company of Illinois (Bond# CMGP00005798) in the amount of $102,810.00.

DATED as of the 25th day of April 2023. CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater, Mayor of the City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE

I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 25th day of April 2023, at Orange, California.

Daniel R. Slater, Mayor of the City of Orange

I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrum ent on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk of the City of Orange
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Agenda Item
City Council
Item #: 3.14. 4/25/2023 File #: 23-0263
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

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

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

1. Adam Apollo

2. Raida Castro

3. Steve Defazio

4. Vinh Tien Hua

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Adam Apollo alleging false arrest and for reimbursement of inspection fees.

2. Claim for damages from Raida Castro alleging property damage to vehicle when Claimant drove through spilled paint on the road.

3. Claim for damages from Steve Defazio alleging property damage to residence due to a fallen City tree during a high wind event.

4. Claim for damages from Vinh Tien Hua alleging property damage, theft, and malpractice.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.14. 4/25/2023 File #: 23-0263
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

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

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

1. Adam Apollo

2. Raida Castro

3. Steve Defazio

4. Vinh Tien Hua

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Adam Apollo alleging false arrest and for reimbursement of inspection fees.

2. Claim for damages from Raida Castro alleging property damage to vehicle when Claimant drove through spilled paint on the road.

3. Claim for damages from Steve Defazio alleging property damage to residence due to a fallen City tree during a high wind event.

4. Claim for damages from Vinh Tien Hua alleging property damage, theft, and malpractice.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.15. 4/25/2023 File #: 23-0265
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.28; SP-4183, Annual Pavement Maintenance at Various Locations Project; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange entered into a contract with R.J. Noble Company to rehabilitate streets at various locations throughout the City. The work was completed to the satisfaction of the Public Works Department
The project included the rehabilitation of two arterial streets and 36 residential streets throughout the City of Orange. The rehabilitation consisted of removing and reconstructing severely damaged pavement sections, grinding, and overlaying the rest of the roadway. Other aspects of the project included replacement of damaged curb and gutter, and reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps.

3. RECOMMENDED ACTION
Accept Bid No. 21-22.28; SP-4183, Annual Pavement Maintenance at Various Locations Project as complete and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.15. 4/25/2023 File #: 23-0265
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.28; SP-4183, Annual Pavement Maintenance at Various Locations Project; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept Bid No. 21-22.28; SP-4183, Annual Pavement Maintenance at Various Locations Project as complete and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk

[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

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

NOTICE OF COMPLETION AND ACCEPTANCE

NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Annual Pavement Maintenance at Various Locations (Bid No. 21-22.28; SP-4183)” (herein referred to as the “Project”) , for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on April 25, 2023 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at various locations throughout the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were R. J. Noble Company, a California corporation, with its principal office at 15505 E. Lincoln Ave, Orange, State of California.

The name of the surety on the Labor and Material Bond for the Project is Western Surety Company, South Dakota (Bond No. 30158003) in the amount of $2,732,380.00.

DATED as of the 25th day of April 2023. CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE

I, Daniel R. Slater , Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 25th day of April 2023 at Orange, California.

Daniel R. Slater, Mayor, City of Orange

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

Pamela Coleman, City Clerk, City of Orange
289
Agenda Item
City Council
Item #: 3.16. 4/25/2023 File #: 23-0284
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Chapter 3.08 of the Orange Municipal Code to update Uniform Public Construction Cost Accounting Act references to conform to current law. Ordinance No. 05-23

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on April 11, 2023.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau Gutierrez, Slater
NOES: None
ABSENT: Gyllenhammer

3. RECOMMENDED ACTION
Adopt Ordinance No. 05-23.

4. ATTACHMENTS
· Ordinance No. 05-23
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Agenda Item
City Council
Item #: 3.16. 4/25/2023 File #: 23-0284
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on April 11, 2023.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau Gutierrez, Slater
NOES: None
ABSENT: Gyllenhammer

3. RECOMMENDED ACTION
Adopt Ordinance No. 05-23.

4. ATTACHMENTS
· Ordinance No. 05-23
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ORDINANCE NO. 05-23

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE AMENDING CHAPTER

3.08 OF THE ORANGE MUNICIPAL CODE TO

UPDATE UNIFORM PUBLIC CONSTRUCTION

COST ACCOUNTING ACT REFERENCES TO
CONFORM TO CURRENT LAW.

WHEREAS, on June 22, 1999, the City Council adopted Resolution No. 9133 electing to become subject to the Uniform Construction Cost Account ing Act (the “Act”) for public project construction work contracted by the City of Orange; and

WHEREAS, the benefit of the Act is that it allows a city’s formal and informal bid limits to adapt to current economic conditions by having them adhere to those limits established by the California Uniform Construction Cost Accounting Commission, as amended from time to time ; and

WHEREAS, by Ordinance No. 10-06 adopted on June 13, 2006, the then -current (2006) bid limits were codified into the Orange Municipal Code; and

WHEREAS, codification of the 2006 dollar limits has created a discrepancy between the City’s adherence to the Act and the outdated references in the Orange Municipal Code.

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

SECTION I:

This Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378, because it involves administrative activities of the City that will not result in direct or indirect physical changes in the environment.

SECTION II:

Section 3.08.500 of the Orange Municipal Code, “Revenue and Finance – Purchasing System – Public Projects – General Bid Limits,” is hereby revised to read as follows:

3.08.500 Public Projects—General Bid Limits.

A. Public projects up to that amount set forth in Public Contract Code section 22032(a), or as it may be amended from time to time, may be performed by the employees of the City by force account.

292
2 B. Public projects up to that amount set forth in Public Contract Code section 22032(a), or as it may be amended from time to time, may be let to contract by the i nformal bid procedures prescribed in Sections 3.08.150 through 3.08.170 of this chapter.

C. Public projects up to that amount set forth in Public Contract Code section 22032(b), or as it may be amended from time to time, may be let to contract by the inf ormal procedures prescribed in Section 3.08.520 of this chapter.

D. Public projects greater than that amount set forth in Public Contract Code section 22032(c), or as it may be amended from time to time, shall, except as otherwise provided in this chapter, be let to contract by the formal bidding procedures prescribed in Sections 3.08.530 through 3.08.580 of this chapter.

E. The City Council may utilize the bidding procedures set forth in this chapter when contracting for “maintenance work” or when cont racting for any other work which does not fall within the definition of “public project.”

SECTION III:

Section 3.08.520 of the Orange Municipal Code, “Revenue and Finance – Purchasing System – Public Projects – Informal Bidding Procedures,” is hereby revised to read as follows:

3.08.520 Public Projects—Informal Bidding Procedures.

Pursuant to the Uniform Public Construction Cost Accounting Act as adopted by the City (Public Contract Code section 22000 et seq.), the following shall govern the selection of contractors when a public project which is anticipated to fall within the monetary limits on informal bids described in Section 3.08.500.C of this chapter is to be performed:

A. The City shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids and describes how to obtain more detailed information about the project.

B. The City shall provide the notice to all contractors for the category of the work to be bid, as shown on the list of contractors developed and maintained by the Department of Public Works in accordance with criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (“Commission”).

C. The City may also provide the notice to all construction trade journals specified by the Commission for the County of Orange. Additional contractors and/or construction trade journals may also be notified at the discretion of the Director of Public Works; provided, however:
(1) if the City has not prepared a list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be provided only to the construction trade journals 293
3 specified by the Commission; and (2) if the product or service is proprietary in nature such that it can be legally obtained only from a certain contractor(s), the notice inviting informal bids may be provided exclusively to such contractor(s).

D. All notices to contractors and construction tra de journals pursuant to this section shall be provided not less than 10 calendar days before bids are due.

E. The City Manager shall have the authority to award informal contracts pursuant to this section with a value of $30,000 or less pursuant to the findings and recommendations presented by the Director of Public Works. Such contracts shall have the prior approval of, and be executed by, the City Manager and shall be approved as to form by the City Attorney. All contracts with a value in excess of $30,000 to be awarded pursuant to this section shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney.

Unless the agreement provides otherwise, the City Manager may approve dollar i ncreases to contracts that have been approved by the City Council. The extent of the City Manager’s authority to approve such increases shall be in the amount of $10,000 or 10%, whichever is greater.

However, in no event may the City Manager approve an increase of more than $30,000.

F. If all informal bids received exceed that amount set forth in Public Contract Code section 22032(b), or as it may be amended from time to time, and the City Council determines that the cost estimate was reasonable, the City Council may award the contract to the lowest responsible bidder at up to that additional amount set forth in Public Contract Code section 22034(d), or as it may be amended from time to time, by resolution approved by the vote of the whole City Council as required by Section 22034(d). Such contracts shall be executed by the Mayor and approved as to form by the City Attorney. Otherwise, such work shall be awarded to the lowest responsible bidder pursuant to the formal bid procedures prescribed in Sections 3.08.530 through 3.08.570 of this chapter

SECTION IV:

The first paragraph of Section 3.08.560 of the Orange Municipal Code, “Revenue and Finance – Purchasing System – Public Projects – Award of Formal Bid Contracts,” is hereby revised to read as follows:

3.08.560 Public Projects—Award of Formal Bid Contracts.

All contracts for public work with a value greater than that amount set forth in Public Contract Code section 22032(c), or as it may be amended from time to time, shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager’s authority to approve such increases shall be in the amount of $10,000 or 10%, whichever is greater. However, in no event may the City Manager approve an increase of more than $30,000. If a contract is awarded, it shall be awarded by the City Council to the lowest 294
4 responsible bidder. The determination of the “lowest responsible bidder” shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Director of Public Works at the time of award of contract. In determining the lowest responsible bidder, the following shall be considered by the City Council, in addition to price:

SECTION V:

To the extent required to implement the provisions of this Ordinance, City staff is directed to modify any Administrative Policies in conflict herewith.

SECTION VI:

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

SECTION VII:

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 , 2023.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

295
5 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 _____________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2023 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
296
Agenda Item
City Council
Item #: 3.17. 4/25/2023 File #: 23-0241
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize the increase of purchase order for medical supplies from Life-Assist, Inc.

2. SUMMARY
The Fire Department purchases medical supplies from several vendors, including Life-Assist, Inc.

The costs of medical equipment and supplies have exceeded the original purchase order amount.

3. RECOMMENDED ACTION
Approve a $50,000 increase to the purchase order to a not-to-exceed amount of $305,000 for medical supplies from Life-Assist, Inc.

4. FISCAL IMPACT
The total increase to the purchase order is $50,000 and will be funded through EMT Transport Fund (125).

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
Life-Assist, Inc. provides medical supplies for the Fire Department. The original purchase order created for Life-Assist, Inc. for Fiscal Year 2022-2023 was $255,000. Due to an increase in call volume, along with increased costs for goods and services, the expenditures have exceeded this amount and an increase of $50,000 is necessary to fulfill our obligations for Fiscal Year 2022-2023.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.17. 4/25/2023 File #: 23-0241
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize the increase of purchase order for medical supplies from Life-Assist, Inc.

2. SUMMARY
The Fire Department purchases medical supplies from several vendors, including Life-Assist, Inc.

The costs of medical equipment and supplies have exceeded the original purchase order amount.

3. RECOMMENDED ACTION
Approve a $50,000 increase to the purchase order to a not-to-exceed amount of $305,000 for medical supplies from Life-Assist, Inc.

4. FISCAL IMPACT
The total increase to the purchase order is $50,000 and will be funded through EMT Transport Fund (125).

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

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.18. 4/25/2023 File #: 23-0248
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize the increase of purchase order for turnout safety gear from Allstar Fire Equipment.

2. SUMMARY
The Fire Department purchases turnout safety gear for new recruits and replaces turnouts for fire suppression personnel as they become damaged or have reached their recommended life expectancy of ten years. Due to recent turnout safety gear orders, it is necessary to increase the amount of the Allstar Fire Equipment purchase order for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve a $64,000 increase to the purchase order for a not-to-exceed total of $114,000 for turnout safety gear from Allstar Fire Equipment.

4. FISCAL IMPACT
The total increase to the purchase order is $64,000 and will be funded through Fire Facility Fees Fund (560).

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

6. DISCUSSION AND BACKGROUND
Fire Department employees are required to wear turnout safety gear while conducting operations in atmospheres that are immediately dangerous to life and health. Orange City Fire reviews their equipment suppliers annually and assesses needs, based on price, quality, and customer service.

The department has determined the best vendor to meet all criteria for turnout safety gear is Allstar Fire Equipment (Allstar). Allstar is the Lion Group, Inc. factory authorized vendor for the Southern California Region as well as the Fire Department’sleading supplier for helmets, hose, gloves, and rope rescue equipment.

The original purchase order created for Allstar for Fiscal Year 2022-2023 was $50,000, which provides for safety gear replacement of current personnel. Recent turnout safety gear purchases will require an increase of $64,000 to the Allstar purchase order so that we may fulfill our obligations for City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.18. 4/25/2023 File #: 23-0248
Fiscal Year 2022-2023.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.18. 4/25/2023 File #: 23-0248
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize the increase of purchase order for turnout safety gear from Allstar Fire Equipment.

3. RECOMMENDED ACTION
Approve a $64,000 increase to the purchase order for a not-to-exceed total of $114,000 for turnout safety gear from Allstar Fire Equipment.

4. FISCAL IMPACT
The total increase to the purchase order is $64,000 and will be funded through Fire Facility Fees Fund (560).

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

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Item #: 3.18. 4/25/2023 File #: 23-0248

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.19. 4/25/2023 File #: 23-0259
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) Preliminary Engineer’s Report for Fiscal Year 2023-2024. Resolution No. 11450.

2. SUMMARY
The City declares its intention to assess an annual levy, approve the Preliminary Engineer’sReport and set a public hearing. Staff recommends no increase in the assessments for Fiscal Year 2023- 2024. The total assessment to be levied in Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) will be $47,877.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11450. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2023-2024; setting a time and place for a public hearing to receive public testimony on the foregoing matters and giving preliminary approval of the certified Engineer’sReport for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).

2. Declare the intent to levy an annual assessment, and set June 13, 2023, at 6:00 PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the assessment.

4. FISCAL IMPACT
The total expenditure for this assessment is $46,538 and will be funded through Sycamore Crossing Landscape Maintenance District (293).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. a: Renovate, maintain, develop and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
In 1995, Landscape Maintenance District No. 94-1 (LMD 94-1) was established to maintain the landscape and flood control improvements along Santiago Creek that were constructed by Tract No. 14752 (Sycamore Crossing). Resolution 8462 approved Conditional Use Permit 2088-94 for Tentative Tract 15053 (Sycamore Crossing) and Resolution 8463 approved Tentative Tract Map City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.19. 4/25/2023 File #: 23-0259
15053, which is part of Tract 14751.

Annually, a detailed accounting of expenses is completed and a new assessment is calculated for the benefitting property owners. All assessments are recommended to remain the same for Fiscal Year 2023-2024 (FY24) as they are for the current fiscal year. The 124 units in the interior of the Tract are currently assessed at $293.08. The 36 units adjacent to the landscape improvement have a 2% premium and are currently assessed at $298.94 per unit. The senior citizen housing site is currently assessed at $597.88 per year. In addition, the City owns two lots within the District that pay into the District. The larger lot which remains as open space is assessed at $117.23 per year and the smaller lot for a future water well is $58.62 per year.

The total expenditure for FY24 is estimated to be $46,538. The proposed assessment will generate $47,877 in revenue. The projected year-end Reserve Fund balance is $109,284 and the District is funded entirely by annual assessment revenue. The surplus revenue between the annual assessment and the expenditure is $1,339 and will contribute to the fund balance. The fund balance will be used for repairs and replacement of infrastructure such as fences, irrigation, and landscape.

The attached Preliminary Engineer’sReport contains detailed information about the assessment. It is proposed to schedule the Public Hearing on June 13, 2023 at 6:00 p.m.at City Hall, 300 E Chapman Avenue, Orange, CA 92866.

7. ATTACHMENTS
· Resolution No. 11450
· Preliminary Engineer’s Report for the Annual Levy Assessment Landscape Maintenance District No. 94-1 Fiscal Year 2023-2024
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Agenda Item
City Council
Item #: 3.19. 4/25/2023 File #: 23-0259
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) Preliminary Engineer’s Report for Fiscal Year 2023-2024. Resolution No. 11450.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this assessment is $46,538 and will be funded through Sycamore Crossing Landscape Maintenance District (293).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. a: Renovate, maintain, develop and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
In 1995, Landscape Maintenance District No. 94-1 (LMD 94-1) was established to maintain the landscape and flood control improvements along Santiago Creek that were constructed by Tract No. 14752 (Sycamore Crossing). Resolution 8462 approved Conditional Use Permit 2088-94 for Tentative Tract 15053 (Sycamore Crossing) and Resolution 8463 approved Tentative Tract Map City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.19. 4/25/2023 File #: 23-0259
15053, which is part of Tract 14751.

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE REGARDING

LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT 94 -1 (SYCAMORE CROSSING)

DECLARING ITS INTENTION TO PROVIDE FOR

AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2023-2024;

SETTING A TIM E AND PLACE FOR A PUBLIC

HEARING TO RECEIVE PUBLIC TESTIMONY
ON THE FOREGOING MATTERS; AND GIV ING

PRELIMINARY APPROVAL TO THE CERTIFIED
ENGINEER’S REPORT FOR LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT 94 -1
(SYCAMORE CROSSING)

WHEREAS, the City Council of the City of Orange previously formed City of Orange Landscape Maintenance District No. 94 -1 (“Maintenance District”) and desires to initiate proceedings for the levy of annual increased assessments in connection with the Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code beginning with Section 22500, Government Code Section 53753 and the provisions of the Article 13D of the California Constitution (“Article 13D”) and such constitutional provisions and statutes are referred to collectively as the “Applicable Law;” and

WHEREAS, there has now been presented to the City Council the Certified Engineer’s Report (“Report”) as required by the Applicable Law that describes the proposed annual levy of assessments for each parcel for fiscal year 2023-2024 and the proposed changes to the Maintenance Districts or improvements; and

WHEREAS, the City Council has carefully examined and reviewed the Report and is satisfied with each and all of the items and documents set forth therein and has made a preliminary determination that the assessments on each parcel have been proportioned in accordanc e with the benefits received by each parcel and that such assessments do not exceed the estimated reasonable cost of providing the service; and

WHEREAS, at this time the City Council determines to commence proceedings to provide for the annual levy of ass essments for fiscal year 2023-2024 to pay for the costs and expenses necessary for the maintenance of the improvements in the Maintenance District.

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

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2 Section I:

That the above recitals are all true and correct.

Section II:

That the public interest and convenience require the undertaking of proceedings for the annual levy and collection of assessments to pay the costs and expenses for the maintenance of the improvements within the Maintenance District, which in general includes: the maintenance, repair, removal or replacement of any of the landscaping improvements, including walkways, signage, irrigation, trimming, spraying, fertilizing, etc., and as such mai ntenance is more particular described in the Report on file with the City Clerk (“maintenance of improvements”).

Section III:

That the maintenance of improvements is of direct benefit to the properties within the boundaries of the Maintenance District, which the City Council previously declared to be the area benefited and which area is more particularly described in the boundary map open for public inspection and on file with the City Clerk bearing the designation of the Maintenance District.

Section IV:

That the Report is preliminarily approved and ordered to be on file with the City Clerk and open for public inspection. The Report contains a full and detailed description of the existing works of improvement, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon parcels within the Maintenance District.

Section V.

That the City shall give notice of the time and place of the public hearing to all property owners of record within the Maintenance District subject to a levy of assessment.

Section VI:

That notice is hereby given that Tuesday, June 13th, 2023, at 6:00 p.m. at City Hall, 300 E. Chapman Avenue, Orange, CA 92866, are the time and place fixed by the City Council for hearing protests or objecti ons in reference to the proposed annual levy of assessments for the Maintenance District in accordance with Government Code Section 53753 and Article 13D and to any other matters contained in this Resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing.

Section VII:

That f or any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below:
308
3 Tawnie Schraan, Associate Civil Engineer
City of Orange Public Works Department
P.O. Box 449 - 300 East Chapman Avenue
Orange, CA 92866-0449
(714) 744-5528

ADOPTED this ____ day of ____________________, 2023

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 , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

309
Engineer’s Report
City of Orange
Landscape Maintenance District No. 94-1
1 CITY OF ORANGE
FINAL ENGINEER’S REPORT

FOR THE ANNUAL LEVY

ASSESSMENT LANDSCAPE MAINTENANCE
DISTRICT NO. 94-1
FISCAL YEAR 2023-2024

LANDSCAPE MAINTENANCE DISTRICT NO. 94-1

SYCAMORE CROSSING

Intent Meeting: April 25, 202 3
Public Hearing: June 13 , 202 3

LMD 94-1 Final ER FY 2023-24
310
311
3 Engineer’s Report
City of Orange
Landscape Maintenance District No. 94-1

TABLE OF CONTENTS
AFFIDAVIT FOR THE ENGINEER’S REPORT .......................................................... 2 INTRODUCTION ............................................................................................................. 4 PART I — PLANS AND SPECIFICATIONS ................................................................... 6 A. Description of the District ...................................................................................................... 6 B. Improvements and Services .................................................................................................... 6 PART II — METHOD OF APPORTIONMENT ............................................................ 7 A. Background ............................................................................................................................... 7 B. Method of Assessment ............................................................................................................ 7 C. Financial Analysis ..................................................................................................................... 9 PART III — DISTRICT BUDGET ................................................................................. 10 PART IV — DISTRICT DIAGRAMS .............................................................................. 12 PART V — ASSESSMENT ROLL ................................................................................... 14

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4 Engineer’s Report
City of Orange
Landscape Maintenance District No. 94-1

INTRODUCTION
Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 o f Division 15 of the California Streets and Highways Code, commencing wit h Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and p rocedural requirements of the California State Constitution Articles XIIIC and XIIID (hereafter referred to as the “California Constitut ion”) , the City Council of the City of Orange, County of Orange, State of California (hereafter referred to as “City”), in connection with the annual levy and collection o f assessments of the special benefit assessment district designated as:

Landscape Maintenance District No. 94-1
(hereafter referred to as the “District”), which includes all lots and parcels of land that specially benefit from the improvements within the District. This Engineer’s Report (hereafter referred to as “Report”) has been prepared in connection with the annual levy and collections of assessments for said District pursuant to Chapter 1, Article 4 of the 1972 Act.

The City Council proposes to levy and collect annua l assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping improvements originally installed in connection wit h the development of properties within the District. The improvements to be provided by the Di strict and the assessments described herein are made pursuant to the 1972 Act.

This Report describes the District, the improvement s, and the proposed assessments to be levied in Fiscal Year 2023-2024 against properties in connect ion with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments to be levied on properties within the District will pr ovide a funding source for the continued operation and maintenance of local landscaping improvements installed in connection with the development of properties within the District. The assessments des cribed in this Report are based on an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Orange County Assessor’s Office. The Orange County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

This Report has been prepared and presented to the City Council to address any proposed changes to the District or improvements, if any, and the proposed budget and assessments for Fiscal Year 2023- 2024. The City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the levy and collection of assessments for Fiscal Year 2023-2024. Upon conclusion of the public hearing, if majority protest does not exist the City Council may approve this Report (as submitted or amended) and levy the asses sments for Fiscal Year 2023-2024. In such case, the assessments for fiscal year 2023-2024 shall be submitted to the Orange County Auditor/Controller for inclusion on the property tax roll for each par cel. If the proposed annual assessments for this District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed throu gh another property owner protest ballot proceeding before such an assessment may be imposed.
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5 Engineer’s Report
City of Orange
Landscape Maintenance District No. 94-1

This Report consists of five (5) parts:

Part I
Plans and Specifications: A description of the District boundaries and the improvements associated with the District. The District has been formed as a single benefit zone encompassing all properties within the territory identified as Landscape and Maintenance District No 94-1.

Part II
The Method of Apportionment: A discussion of benefits the improvements and servi ces provide to properties within the District and the method of calculating each property’s proportional special benefit and annual assessment.

Part III
The District Budget: An estimate of the annual costs to operate, maintai n and service the landscaping and appurtenant facilities installed an d constructed as part of the development of properties within the District. This budget includes an estimate of anticipated direct maintenance costs and incidental expenses. The special benefit assess ments are based on the overall operation costs minus any costs that are considered general benefit. The proposed assessments for Fiscal Year 2023- 2024, and each subsequent year shall be based on th e estimated net annual cost of operating, maintaining and servicing the improvements for that fiscal year as well as funds to be collected in installments to perform maintenance activities that cannot be reasonably collected in a single fiscal year’s assessments.

Part IV
District Diagram: A Diagram showing the exterior boundaries of the Di strict is provided in this Report and includes all parcels that will receive special benefits from the improvements. Reference is hereby made to the Orange County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.

Part V
Assessment Roll: A listing of the proposed assessment amounts to be levied on Assessor’s Parcel within the District for Fiscal Year 2023-2024. The proposed assessment amount for each parcel is based on the parcel’s proportional special benefit as outlined in the method of apportionment. 314
6 Engineer’s Report
City of Orange
Landscape Maintenance District No. 94-1

PART I — PLANS AND SPECIFICATIONS
A. Description of the District
The assessment district boundary is shown on a map entitled Assessment Diagram, Landscape Maintenance District No. 94-1, City of Orange, which is on file with the City Clerk of the City of Orange.

A reduced scale copy of the Diagram can be found in Part IV of this document.

All parcels of real property affected are more particularly described in maps prepared in accordance with Section 327 of the Revenue and Taxation Code, which are on file in the Office of the Orange County Assessor, and which are made a part of this report by reference.

B. Improvements and Services

Improvements and Services Permitted Pursuant to the 1972 Act The location of the works of improvement to be maintained under these proceedings is described as follows:

A. Lot E Tract 14752 - Generally a 23-foot wide strip of land along the northerly upper banks of Santiago Creek within Tract 14752;
B. Lot F Tract 14752 - Generally a 55-foot wide strip of land along the southerly upper banks of Santiago Creek with Tract 14752;
C. Lot C Tract 14752 - Generally an irregular shaped parcel adjacent to Lot F Tract 14752.

A general description of the works of improvement to be maintained under these proceedings are those generally described as follows:

A. Ornamental shrubs, trees, and ground cover
B. Habitat area including natural shrubs, trees, and ground cover C. Complete irrigation system including pipes, valves, sprinkler heads, and controller D. Soil cement erosion protection

The following items are excluded from the Maintenance District:

A. The center low flow channel of Santiago Creek.

B. Complete recreation trail/maintenance road including asphalt, signing, striping, and lighting.

Maintenance shall include, but not be limited to:

A. Repair, removal, or replacement of all or any part of any included improvement; B. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; and C. The removal of trimmings, rubbish, debris, and other solid waste. 315
7 Engineer’s Report
City of Orange
Landscape Maintenance District No. 94-1

PART II — METHOD OF APPORTIONMENT
A. Background
The Landscaping and Lighting Act of 1972 provides t hat assessments may be apportioned by any formula or method, which fairly distributes costs a mong all lots or parcels within the district in proportion to the estimated benefits received. It i s necessary to identify the special benefit that th e Works of Improvement will render to the properties within the Assessment District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to th e general public.

B. Method of Assessment
Identify the Special Benefit

First of all, it is necessary to identify the special benefit that the public improvement will render to the properties within the boundaries of Landscape Maint enance District No. 94-1. The improvements consist of landscaping and a recreation trail/maint enance road along the upper banks of Santiago Creek. The creek was a natural flood control channe l running through Tentative Tract 14752. As a condition for developing the tract, it was necessar y to improve the creek to provide 100-year flood protection consistent with the National Flood Insur ance Program. Alternative designs were looked at ranging from a concrete lined channel to a multi-use natural looking channel. The later was chosen to provide a visually pleasing channel with landsca ping along both banks, erosion control bank protection, a useful recreation trail and a maintenance road. An interesting biotic habitat was added to fulfill 404 & 401 permit requirements.

The Orange County Flood Control District owns and m aintains the center 96-foot wide low flow channel. The City of Orange owns and LMD 94-1 maintains 23 feet on the north side and 55 feet on the south side of the channel.

The special and direct benefits that each property owner will receive are:

• The Landscape Maintenance District fulfills the fin ancial obligation of the property owners to maintain the improvements in Santiago Creek installed by the Tract development and as required by Conditional Use Permit 2088-94, condition of app roval of Tract 15053 and the Development Agreement for Sycamore Crossing.
• A pleasing landscape visible at the entrance to the tract. • Enhanced desirability of district properties through association with the improvements. • Enhancement of the urban environment by providing open space and landscaping. • Necessary flood protection provided by the improvements. • Improved erosion resistance, dust control and fire prevention. • There are many homes in the District that back up t o Santiago Creek and the landscape improvement. Their back fences are made of wrought iron so they can enjoy the beauty and spaciousness of the landscape improvement.
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Prior to 2011, the recreation trail, which begins within the Tract boundary and provides direct access to Hart Park, a City park with numerous recreation facilities, was considered as a special benefit. The recreation trail has been extended through the District and is now incorporated into the City regional trail system. This altered the special benefit of t he recreation trail within the District. District f unds are no longer used for the maintenance of the trail pavement, stripping and rail safety fence.

Apportionment of Cost

In further making the analysis, it is necessary tha t the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread of assessments. In analyzing the overall district, it is noted that there are two types of d evelopment. There are 160 single family detached residential units on the north side of Santiago Cre ek and a 1.385 acre commercial site on the south side recently developed with senior housing.

All 160 residential units are relatively the same except for the fact that 36 units back up to the landscape improvement. The developer has placed an approximat e 2% lot premium on these lots. This same differential was used in determining the assessment. A unit cost factor of 1.02 is assigned to these 3 6 units and the remaining 124 units have a cost facto r of 1.0. The commercial site has been developed as low income housing for senior citizens.

The unit cost for the current FY 2022-2023 is $293. 08 per unit for a total levy of $47,877.49. No increase is recommended for fiscal year 2023-2024. The levy will remain at $293.08. Therefore, the assessment levied on the 124 interior residential units will be $293.08, and for the 36 residential units along the channel it will be $298.94. In analyzing the special benefit to the senior citizen housing site we recognize the fact that seniors are generally not mobile enough to use the bike and pedestrian trail and therefore have limited access to the landscape improvement. The special benefit is limited to the visibility of the landscaping from the north facing units. With this in mind, a unit cost factor of 2. 04 was assigned to the seniors housing site and the assessment levied will be $597.88. Since the enactment of Prop 218, publicly owned property within the District is no longer exempt from assessment. There are two lots within the boundaries of the District that are owned by the City of Orange. One is a small lot to be used in the future for a domestic water well. The other is a larger lot that will some day be used for recreation purposes. The special benefi t to these lots is minimal at this time. A unit cos t factor of 0.20 is assigned to the well site and a unit cost factor of 0.40 to the recreation site. The City will be levied $58.62 and $117.23 respectively. The total of the assessments levied on all the parcels will be $47,877.49.

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C. Financial Analysis
The facilities, which are to be maintained by this landscape maintenance district, were installed by the developer of Tract No. 14752. The estimated costs of maintenance, operation, and administration of the facilities are shown in Part III.

Resolution 8462 approved Condition Use permit 2088- 94 for Tentative Tract 15053 and Resolution 8463 approved Tentative Tract Map 15053, which is a part of Tract 14751. Both resolutions contain the following condition:

“To the satisfaction of the City of Orange’s Public Works Department and City Engineer, prior to the recordation of Final Tract M ap 15053, the City shall form a landscape maintenance district which shall include the project for the purpose of levying and collecting an assessment to maintain the open space dedicated to the City by Tentative Tract 14752 and defining in Exhibit E- 1 of the development agreement for this project. Said assessment shall not exceed the sum of $28.00 per month per residential unit in the project but may increase an nually in accordance with the applicable increase maintenance cost index as provi ded in the Engineering News Record or such other comparable index as the partie s shall agree. The future homeowner’s contributions (financial payments) towards the maintenance of Santiago Creek open space shall be included in the disclosure requirement to future buyers.”

The individual 2023-2024 assessments, tabulated by Assessor's Parcel Number, are on file with the City Clerk of the City of Orange, and can be found in Part V, Assessment Roll.

The 1972 Act permits carrying forward surpluses or recovering deficits in subsequent fiscal years.

Costs for the District are reviewed annually and su bsequent year's assessments will be credited or debited, as necessary.

The total assessment to be levied for fiscal year 2023-2024 by the district is recommended to be $47,877. This assessment is the same as fiscal year 2022-2023.

The assessments for Landscape Maintenance District No. 94-1, City of Orange, have been apportioned in direct accordance with the special a nd direct benefits that each parcel receives from the maintenance, operation, and administration of the Works of Improvement. 318
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10 PART III — DISTRICT BUDGET
The following budget outlines the estimated costs to maintain the improvements for 2023-2024.

ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 94-1
City of Orange

ESTIMATED COSTS

OPERATION & MAINTENANCE FUND BALANCE FROM PRIOR YEA RS
Estimated Fund Balance as of March 2023 $109,284

The estimated budget necessary for the 2023-2024 Fiscal Year for the District is as follows:

BUDGET ITEM COST

ANNUAL MAINTENANCE
Salaries & Benefits

$6,795
Telephone $0
Water $7,500
Electricity $400
Landscape Maintenance $15,993
Landscape Maintenance, Irrigation Repairs $1,599
Landscape Maintenance, Landscape Repairs $0
Other Professional & Consulting $500
Contractual Services, Tree Trimming Contract $5,240
Contractual Services, Electrical Maintenance $0
Contractual Services, Misc. Contract Services $6,157
Office Supplies & Operating Expenses $0
City Administrative Services $2,354
TOTAL LANDSCAPE MAINTENANCE EXPENSES $46,538
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11 SURPLUS FUNDS TO BE ADDED TO RESERVE $1,339

● This Budget Estimate is for the purpose of establis hing an Annual Assessment. It may vary from the adopted City Budge t. All assessments collected by the District may only be used for Dist rict expenditures regardless of the Budget Estimate.

BALANCE TO LEVY (maximum assessment) $47,877
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12 PART IV — DISTRICT DIAGRAMS
The following diagram incorporates all parcels within the District, as the same existed at the time this Report was prepared. The combination of this map and the Assessment Roll contained in this Report constitute the Assessment Diagram for the Landscape and Maintenance District No. 94-1, also known as Sycamore Crossing.
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14 PART V — ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is based on available parcel maps and property data from the Orange County Assessor’s Off ice, as they existed at the time this Engineer’s Report was prepared and the City Council adopted th e Resolution of Intention. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein.

If any parcel submitted for collection is identifie d by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parc el number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Co ntroller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as app roved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the asses sment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment for the parcel.

The following is a list of the parcels and proposed assessment amounts for Fiscal Year 2023-2024 for each of the parcels within the District as determin ed by the assessment rates and method of apportionment described herein:
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Agenda Item
City Council
Item #: 3.20. 4/25/2023 File #: 23-0260
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) Preliminary Engineer’s Report for Fiscal Year 2023-2024. Resolution No. 11449.

2. SUMMARY
The City declares its intention to assess an annual levy, approve the Preliminary Engineer’sReport and set a public hearing. The total assessments to be levied from Landscape Maintenance Assessment Districts 86-2 (Santiago Hills) and Landscape Maintenance Assessment District 15-1 (Santiago Hills Overlay) for Fiscal Year 2023-2024 are $533,651 and $367,579, respectively.

Assessment for the Santiago Hills Overlay includes staff recommendation of an annual adjustment of 3% based on the Consumer Price Index for the Los Angeles-Long Beach-Anaheim area.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11449. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment Districts 86-2 (Santiago Hills), and 15-1 (Santiago Hills Overlay) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2023-2024; setting a time and place for a public hearing to receive public testimony on the foregoing matters; and giving preliminary approval of the certified Engineer’s Report for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).

4. FISCAL IMPACT
The total expenditure for this assessment is $922,793 and will be funded through Santiago Hills and Santiago Hills Overlay Landscape Maintenance Districts (291).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop and/or expand public use places and spaces.

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Item #: 3.20. 4/25/2023 File #: 23-0260

6. DISCUSSION AND BACKGROUND
In 1987, Landscape Maintenance District 86-2 (LMD 86-2) was established to maintain the landscape improvements constructed by Assessment District 86-1 in Santiago Hills. Annually, a detailed accounting of expenses is compiled and a new assessment is calculated for the benefitting property owners.

This year’sassessment for a single family detached unit is $369.44 and $221.66 for condos. This is the same as last year and the largest assessment currently allowed. Revenue in the District is derived from assessments paid by property owners, both residential and commercial as well as Rancho Santiago Community College District who reimburses the District for the cost to maintain the parkways adjacent to the school.

On April 14, 2015, the City Council approved the formation of a new district (LMD 15-1) to exactly overlay the existing LMD 86-2 and to provide additional funding necessary to sustain standard landscape maintenance and continue capital improvement projects. The annual assessment for LMD 15-1 was approved by the property owners on June 9, 2015.

The proposed Fiscal Year 2023-2024 (FY24) budget for the combined LMD 86-2 and LMD 15-1 indicates the amount of funding required to maintain District landscape and provides a capital budget to replace aging landscaping and infrastructure over time. Additional revenues to fully fund the District would be obtained through the overlay district, LMD 15-1, and a separate agreement with Rancho Santiago Community College District. The existing LMD 86-2 will stay at the maximum assessment; however the assessment for LMD 15-1 will include a 3.0% Consumer Price Index (CPI) increase. The Assessment for LMD 15-1 is permitted to increase annually consistent with CPI increases for the Los Angeles-Long Beach-Anaheim area. Community Services Department staff recommended assessing the CPI adjustment which for FY24 is 3%, to continue capital renovations of the aging landscape. The assessment for 15-1 for a single family detached unit will increase by $7.67 from $255.60 to $263.27. The assessment for 15-1 condominiums will increase by $5.44 from $181.48 to $186.92.

The maximum assessment total for LMD 86-2 for FY24 is $533,651. The assessment total for LMD 15-1 for FY24 is $367,579 including the 3.0% CPI adjustment. Revenues of $25,106 from Rancho Santiago Community College District are included as a reimbursement for landscape maintenance costs paid by LMD 86-2 and LMD 15-1. This totals $926,336 in revenue. Expenditures in FY24 are anticipated to be approximately $922,793 which is $3,543 less than revenues. The City continues to actively work with District residents on implementing a renovation plan for their 30 year old landscape that is both fiscally and environmentally sustainable. The projected year-end reserve fund balance is $717,598. Reserve funds will be used to supplement any potential deficit in FY24 expenditures.

The attached Preliminary Engineer’sReports contains detailed information about the assessment. It is proposed to schedule the Public Hearing on June 13, 2023, at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the assessments.

7. ATTACHMENTS
· Resolution No. 11449
· Preliminary Engineer’s Report for the Annual Levy Assessment Landscape Maintenance District No. 86-2 Fiscal Year 2023-2024
· Preliminary Engineer’s Report for the Annual Levy Assessment Landscape City of Orange Printed on 4/20/2023Page 2 of 3
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Item #: 3.20. 4/25/2023 File #: 23-0260
· Preliminary Engineer’s Report for the Annual Levy Assessment Landscape Maintenance District No. 15-1 Fiscal Year 2023-2024
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Agenda Item
City Council
Item #: 3.20. 4/25/2023 File #: 23-0260
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) Preliminary Engineer’s Report for Fiscal Year 2023-2024. Resolution No. 11449.

Assessment for the Santiago Hills Overlay includes staff recommendation of an annual adjustment of 3% based on the Consumer Price Index for the Los Angeles-Long Beach-Anaheim area.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this assessment is $922,793 and will be funded through Santiago Hills and Santiago Hills Overlay Landscape Maintenance Districts (291).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop and/or expand public use places and spaces.

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Item #: 3.20. 4/25/2023 File #: 23-0260

7. ATTACHMENTS
· Resolution No. 11449
· Preliminary Engineer’s Report for the Annual Levy Assessment Landscape Maintenance District No. 86-2 Fiscal Year 2023-2024
· Preliminary Engineer’s Report for the Annual Levy Assessment Landscape City of Orange Printed on 4/20/2023Page 2 of 3
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Item #: 3.20. 4/25/2023 File #: 23-0260
· Preliminary Engineer’s Report for the Annual Levy Assessment Landscape Maintenance District No. 15-1 Fiscal Year 2023-2024
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RESOLUTION NO. 11449

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE REGARDING

LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICTS 86-2 (SANTIAGO HILLS) & 15 -1
(SANTIAGO HILLS OVERLAY) DECLARING ITS

INTENTION TO PROVIDE FOR AN ANNUAL

LEVY AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2023-2024; SETTING A TIME

AND PLACE FOR A PUBLIC HEARING TO

RECEIVE PUBLIC TESTIMONY ON THE
FOREGOING MATTERS; AND GIVING

PRELIMINARY APPROVAL OF THE CERTIFIED
ENGINEER’S REPORT FOR LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT S 86-2
(SANTIAGO HILLS) & 15 -1 (SANTIAGO HILLS

OVERLAY)

WHEREAS, the City Council of the City of Orange previously formed City of Orange Landscape Maintenance Districts No. 86-2 & 15-1 (“Maintenance Districts”) and desires to initiate proceedings for the levy of annual increased assessments in connection with the Maintenance Districts, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code beginning with Section 22500, Government Code Section 53753 and the provisions of Article 13D of the California Constitution (“Article 13D”) and such constitutional provisions and statutes are referred to collectively as th e “Applicable Law;” and

WHEREAS, there has now been presented to the City Council the Certified Engineer’s Reports (“Reports”) as required by the Applicable Law that describes the proposed annual levy of assessments for each parcel for fiscal year 2023-2024 and the proposed changes to the Maintenance Districts or improvements; and

WHEREAS, the City Council has carefully examin ed and reviewed the Report s and is satisfied with each and all of the items and documents set forth therein and has made a preliminary determination that the assessments on each parcel have been proportioned in accordance with the benefits received by each parcel and that such assessments do not exceed the estimated reasonable cost of providing the service; and

WHEREAS, at this time the City Council determines to commence proceedings to provide for the annual levy of assessments for fiscal year 2023-2024 to pay for the costs and expenses necessary for the maintenance of the improvements in the Maintenance Districts.

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

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2 Section I:

That the above recitals are all true and correct.

Section II:

That the public interest and convenience require the undertaking of proceedings for the annual levy and collection of assessments to pay the costs and expenses for the maintenance of the improvements within the Maintenance Districts , which in general include s: the maintenance, repair, removal or replacement of any of the landscaping improvements, including walkways, signage, irrigation, trimming, spraying, fertilizing, etc., and as such maintenance is more particular described in the Reports on file with the City Clerk (“maintenance of improvements”).

Section III:

That the maintenance of improvements is of direct benefit to the properties within the boundaries of the Maintenance Districts, which the City Council previously declared to be the area benefited and which area is more particularly described in the boundary map s open for public inspection and on file with the City Clerk bearing the designation of the Maintenance Districts.

Section IV:

That the Reports are preliminarily approved and ordered to be on file with the City Clerk and open for public inspection. The Reports contain a full and detailed description of the existing works of improvement, the boundaries of the Maintenance Districts and any zones therein, and the proposed assessments upon parcels within the Maintenance Districts.

Section V.

That the City shall give notice of the time and place of the public hearing to all property owners of record within the Maintenance Districts subject to a levy of assessment.

Section VI:

That notice is hereby given that Tuesday, June 13th, 2023, at 6:00 p.m. at City Hall, 300 E. Chapman Avenue, Orange, CA 92866, are the time and place fixed by the City Council for hearing protests or objections in reference to the proposed annual levy of assessments for the Maintenance Districts in accordance with Government Code Section 53753 and Article 13D and to any other matters contained in this Resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearings.

Section VII:

That f or any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below:

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3 Tawnie Schraan, Associate Civil Engineer
City of Orange Public Works Department
P.O. Box 449 - 300 East Chapman Avenue
Orange, CA 92866-0449
(714) 744-5528

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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Engineer’s Report
City of Orange
Landscape Maintenance District No. 86-2
1 CITY OF ORANGE
PRELIMINARY ENGINEER’S REPORT

FOR THE ANNUAL LEVY

ASSESSMENT LANDSCAPE MAINTENANCE
DISTRICT NO. 86-2
FISCAL YEAR 2023-2024

LANDSCAPE MAINTENANCE DISTRICT NO. 86-2

SANTIAGO HILLS

Intent Meeting: April 25, 2023
Public Hearing: June 13 , 2023

LMD 86-2 Preliminary ER FY 2023-24
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TABLE OF CONTENTS
AFFIDAVIT FOR THE ENGINEER’S REPORT ........................................................ 2 INTRODUCTION ........................................................................................................... 4 PART I — PLANS AND SPECIFICATIONS ................................................................. 6 A. Description of the District .................................................................................................... 6 B. Improvements and Services .................................................................................................. 6 PART II — METHOD OF APPORTIONMENT ......................................................... 10 A. General .................................................................................................................................. 10 B. Benefit Analysis .................................................................................................................... 10 C. Assessment Methodology ................................................................................................... 12 PART III — DISTRICT BUDGET ................................................................................ 14 PART IV — DISTRICT DIAGRAMS ............................................................................. 16 PART V — ASSESSMENT ROLL .................................................................................. 18

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INTRODUCTION
Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 o f Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and p rocedural requirements of the California State Constitution Articles XIIIC and XIIID (hereafter referred to as the “California Constitut ion”) , the City Council of the City of Orange, County of Orange, St ate of California (hereafter referred to as “City”), in connection with the annual levy and col lection of assessments of the special benefit assessment district designated as:

Landscape Maintenance District No. 86-2
(hereafter referred to as the “District”), which in cludes all lots and parcels of land that specially benefit from the improvements within the District. This Engineer’s Report (hereafter referred to as “Report”) has been prepared in connection with the annual levy and collections of assessments for said District pursuant to Chapter 1, Article 4 of the 1972 Act.

This Report describes the District, the improvement s, and the proposed assessments to be levied in Fiscal Year 2023-2024 against properties in connect ion with the special benefits the properties will receive from the maintenance and servicing of the D istrict improvements. The annual assessments to be levied on properties within the District will provide a funding source for the continued operation and maintenance of local landscaping impr ovements installed in connection with the development of properties within the District. The assessments described in this Report are based on an estimate of the direct expenditures, incident al expenses, and fund balances that will be necessary to maintain and service the improvements.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Orange County Assessor’s Office. The Orange County Auditor/Controller uses Assessor’s Parcel Numbers a nd specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

This Report has been prepared and presented to the City Council to address any proposed changes to the District or improvements, if any, and the pr oposed budget and assessments for Fiscal Year 2023-2024. The City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the levy an d collection of assessments for Fiscal Year 2023-2024. Upon conclusion of the public hearing, i f majority protest does not exist the City Council may approve this Report (as submitted or am ended) and levy the assessments for Fiscal Year 2023-2024. In such case, the assessments for f iscal year 2023-2024 shall be submitted to the Orange County Auditor/Controller for inclusion on t he property tax roll for each parcel. If the proposed annual assessments for this District excee d the maximum assessment described herein (as approved by the property owners), the new or increa sed assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed.

This Report consists of five (5) parts:
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Part I
Plans and Specifications: A description of the District boundaries and the im provements associated with the District. The District is being formed as a single benefit zone encompassing all properties within the territory identified as Landscape and Maintenance District No 86-2.

Part III
The District Budget: An estimate of the annual costs to operate, maintai n and service the landscaping and appurtenant facilities installed an d constructed as part of the development of properties within the District. This budget include s an estimate of anticipated direct maintenance costs and incidental expenses. The special benefit assessments are based on the overall operation costs minus any costs that are considered general b enefit. The proposed assessments for Fiscal Year 2023-2024, and each subsequent year shall be based on the estimated net annual cost of operating, maintaining and servicing the improvements for that fiscal year as well as funds to be collected in installments to perform maintenance activities that cannot be reasonably collected in a single fiscal year’s assessments.

Part V
Assessment Roll: A listing of the proposed assessment amounts to be levied on Assessor’s Parcel within the District for Fiscal Year 2023-2024. The proposed assessment amount for each parcel is based on the parcel’s proportional special benefit as outlined in the method of apportionment. 337
6 Engineer’s Report
City of Orange
Landscape Maintenance District No. 86-2

PART I — PLANS AND SPECIFICATIONS
A. Description of the District
The assessment district boundary is shown on a map entitled Assessment Diagram, Landscape Maintenance District No. 86-2, City of Orange, whic h is on file with the City Clerk of the City of Orange. A reduced scale copy of the Diagram can be found in Part IV of this document.

B. Improvements and Services

Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the Landscaping and Lighting Act of 1972 and applicable to this District, the improvements and associated assessments may include one or more of the following:
1) The installation or planting of landscaping;
2) The installation or construction of statuary, fountains, and other ornamental structures and facilities;
3) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 4) The installation of park or recreational improvements, including, but not limited to, all of the following:
a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
b) Lights, playground equipment, play courts, and public restrooms. 5) The maintenance or servicing, of any of the foregoi ng including the furnishing of services and materials for the ordinary and usual maintenance, o peration, and servicing of any improvement including but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
6) Incidental expenses associated with the improvements including, but not limited to:
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Landscape Maintenance District No. 86-2

a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
b) Compensation payable to the County for collection of assessments; c) Compensation of any engineer or attorney employed to render services; d) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;

Description of Planned Improvements
The landscape improvements are generally described as follows:
a) Parkway and Recreation Areas:
• Newport Boulevard - approximately 18-foot wide zone (including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on the east side from Chapman Avenue to 312 feet south of the centerline of Skylark Place.
• Chapman Avenue - approximately 18-foot wide zone (i ncluding the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on south side from Newport Boulevard to Jamboree Road. • Canyon View Avenue - approximately 30-foot wide zon es (including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on both sides from Newport Boulevard to Jamboree Road. • White Oak Ridge – approximately 17-foot wide zones (including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on both sides from Newport Boulevard to Canyon View Avenue. • Trails End Lane - approximately 17-foot wide zone o n the west side and approximately 28- to 32-foot wide zone on the east side (includin g the width of the sidewalks), both zones from the back of the curb to the property lin e, and corner cutoffs at intersections, from White Oak Ridge to Chapman Avenue.
• Handy Creek Corridor - from the intersection of Cha pman Avenue and Newport Boulevard to White Oak Ridge and from White Oak Rid ge to the intersection of Canyon View Avenue and Handy Creek Road (Lot 20, a portion of Lot 11, and Lot D of Tract No. 12417) including concrete walkways which also serve as emergency access ways. • Paseo - approximately 50-foot wide zone from the Pa rk to White Oak Ridge and from White Oak Ridge to Old Camp Road (Lots A and B of T ract No. 12417) and approximately 35-foot wide zone from the Paseo to W hite Oak Ridge (Lot C of Tract No. 12417) including surface and subsurface drainag e facilities and concrete walkways which also serve as emergency access ways.
• Handy Creek Road - approximately 10-foot wide zone (including the width of the sidewalks) on south side from the back of the curb to the property line form the end of Handy Creek Corridor (Lot D, Tract No. 12417) near Canyon View Avenue to the northerly terminus of the street.
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• Fort Road - approximately 17-foot wide zones (inclu ding the width of the sidewalks) from the back of the curb to the property line on s outh side from White Oak Ridge to Jamboree Road.
• Santiago Canyon Road - approximately 18-foot wide z one (including the width of the sidewalk) from back of curb to back of sidewalk on north and south sides from Newport Boulevard to Jamboree Road.
• Old Camp Road - approximately 4-foot wide zones fro m back of curb to property line on both sides from Canyon View Avenue to the northerly terminus of the street. • Skylark Place - approximately 18-foot wide zones (i ncluding the width of the sidewalk) from back of the curb to the property line on both sides from White Oak Ridge to Newport Boulevard.
• Jamboree Road - variable width zone (including the width of the bike trail-sidewalk) from the back of the curb to the property line on t he west side from Canyon View Avenue to Chapman Avenue.
• Additional Areas - areas adjacent to the 18-foot wi de zones along Skylark Place, Chapman Avenue, and Jamboree Road have been dedicat ed to the City with tracts 12672,12741,12711,15398 and PM 92-195. Such areas h ave been landscaped by the developers and the sprinkler systems tied into the District's. b) Medians
• Chapman Avenue - 14-foot wide median from Newport Boulevard to Jamboree Road. • White Oak Ridge - 14-foot wide medians at Newport B oulevard and Canyon View Avenue.
• Trails End Lane - 14-foot wide median from White Oak Ridge to Chapman Avenue. • Jamboree Road - 24-foot wide median from southerly City limits to Santiago Canyon Road.
• Santiago Canyon Road - Variable width from Newport Boulevard to Jamboree Road. • Newport Boulevard - 22-foot wide median from Chapma n Avenue to Santiago Canyon Road.
c) The following items are excluded from the Maintenance District:
• The 8 +/- acre park is excluded from this Landscape Maintenance District. • Sidewalks along all Maintenance District streets ar e excluded from this Landscape Maintenance District.
• The equestrian trail along Canyon View Avenue is ex cluded from this Landscape Maintenance District.
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d) Maintenance shall include, but not be limited to:
• repair, removal, replacement or installation of all or any part of any included improvement such as storm drains and pedestrian walkways in the paseos; • providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; and • the removal of trimmings, rubbish, debris, and other solid waste.

The maintenance of the District improvements genera lly include, but are not limited to all materials, equipment, utilities, labor and incidental expenses including administrative expenses for annual operation of the District as well as the performance of occasional repairs, replacement and expanded maintenance activities associated with those improv ements. Detailed maps and descriptions of the location and extent of the improvements to be maint ained by the District are on file at the City and by reference are made part of this Report.

The estimated annual cost to provide and maintain t he improvements within the District shall be allocated to each property in proportion to the spe cial benefits received. The Method of Apportionment described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of the California Constitution. 341
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10 PART II — METHOD OF APPORTIONMENT
A. General
The 1972 Act permits the establishment of assessmen t districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:

“The net amount to be assessed upon lands within an assessment district may be apportioned by any formu la or method which fairly distributes the net amount among all assessable lots or parcels in proportion to th e estimated benefits to be received by each such lot or parcel from the improvements.”

The method of apportionment described in this Repor t for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution. The formula used for calculating assessments in this District reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on benefit to each parcel.

B. Benefit Analysis
Each of the proposed improvements, the associated c osts and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the California Constitution and 1972 Act. The improvements provided by this District and for which properties will be assessed have been identified as necessary, required and/or desired for the orderly development of the residential properties within the District to t heir full potential. As such, the ongoing operation , servicing and maintenance of these improvements would be the financial obligation of those properties.

Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the residential properties within the District.

Special Benefit
The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives s pecial benefits from the improvements and the desirability and security of those properties is enhanced by the presence of well-maintained landscaping in close proximity to those properties.

The special benefits associated with the landscaping and open space improvements are specifically:
• Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
• Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties. 342
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11 • Enhanced quality of life through well-maintained green space and landscaped areas. • Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surrounding s and amenities including abatement of graffiti.
• Enhanced environmental quality of the parcels by m oderating temperatures, providing oxygenation and attenuating noise.

The parkways and medians consist of landscaped areas along the edge of or within the middle of streets and highways in the District. The District also has landscaped corridors extending through the developed area, which provide access to Santiago Hills Park. The improvements in these areas consist of trees, shrubs, ornamental vegetation, and appurtenant improvements.

The improvements extend throughout the development area and serve several purposes. The landscaped parkways along the streets and highways enhance the public walkways throughout the District and allow pedestrian access to the residents in the area. These parkways also provide passive and active recreational uses as well as the aesthet ic enhancement for the total development area.

Landscaped median islands also provide similar enhancements for the residents in the area.

The landscaped recreation/pedestrian corridors throughout the District provide for open space and recreational uses, which connect to the park site throughout the development area. Besides contributing to the active and passive recreation use in the are a, the corridors aesthetically enhance the area within the District.

Maintenance of these public improvements primarily renders a people oriented benefit to the properties within the boundaries of the District and, as such, relates to the number of persons in each dwelling unit on each property. These benefits are direct and special to the properties within the District.

The preceding special benefits all contribute to the overall esthetic value and desirability of each of the assessed parcels within the District and thereby pr ovide a special enhancement to these properties.

Furthermore, it has been determined that the lack o f funding to properly service and maintain the improvements would likely have a direct negative impact on the properties within the District.

General Benefit
In reviewing the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing suc h improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improv ements are visible to the public at large, the construction and installation of these improvements were necessary for the development of properties within the District and are not required nor necess arily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental.

Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurab le general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.
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12 C. Assessment Methodology
The benefit formula used to determine the assessment obligation for each parcel should be based upon both the improvements that benefit the parcels as well as the use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for most benefit assessment districts utilizes a weight ed method of apportionment known as an Equivalent Benefit Unit (EBU) methodology The Equiv alent Benefit Unit method of apportionment uses the single-family home site as the basic unit of assessment. A single-family residential property equals one Equivalent Benefit Unit (“EBU”). Every other la nd use is converted to EBUs based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site.

The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size and development.

EBU Application by Land Use:

Single-Family Residential — This land use is defined as a fully subdivided re sidential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that the other land use types are compared and weighted against (i.e. Equivalent Benefit Unit or EBU).

Multi-Family Residential — This land use is defined as a fully subdivided re sidential parcel that has more than one residential unit developed on the property. This land use is assessed 0.6 EBU per dwelling unit.

Mixed Use Property — This land use is defined as property developed fo r either commercial or industrial use. This land use type is assessed at 11.0 EBUs per gross acre.

Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EBU.

This land use classification may include, but is not limited, to lots or parcels identified as public streets and other roadways (typically not assigned an APN b y the County); dedicated public easements, open space areas and right-of-ways including greenbelts and parkways; utility right-of-ways; common areas, sliver parcels and bifurcated lots or any other pro perty that cannot be developed; park properties and other publicly owned properties that are part of th e District improvements or that have little or no improvement value. These types of parcels are consi dered to receive little or no benefit from the improvements and are therefore exempted from assessment.

Lots 9, 10, 11, 15, and 19 of Tract No. 12417 have been assigned 0.0 EBU because they have been excluded from the District. The cost of maintaining the landscape improvements on these publicly owned parcels is not paid by the District but rather from the general fund of the public agency owning the parcel. Therefore, these publicly owned parcels do not receive any special benefit from the District.

The following table provides a listing of land use types, land use code designations, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel’s individual EBU.
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13 Land Use Codes and Equivalent Benefit Units

Property Type Equivalent Benefit
Unit
Multiplier
Single-family Residential 1.000 Unit/Lot/Parcel
Multi-family Residential 0.600 Units/Dwelling Units
Mixed Use 11.000 Acreage
Exempt 0.000 Parcel

The benefit formula applied to parcels within the D istrict is based on the preceding Equivalent Benefit Unit (EBU) table. Each parcel's EBU correla tes the parcel’s special benefit received as compared to the other parcels benefiting from the improvements.

The following formula is used to calculate each parcel’s EBU (proportional benefit).

Parcel Type EBU x Multiplier (Acres or Unit) = Parcel’s EBU The total number of Equivalent Benefit Units (EBUs) is the sum of all individual EBUs applied to parcels that receive a special benefit from the imp rovement. An assessment amount per EBU (Rate) for each improvement is established by taking the t otal cost of the improvement and dividing that amount by the total number of EBUs of parcels benef iting from the improvement. This Rate is then applied back to each parcel’s individual EBU to det ermine the parcel’s proportionate benefit and assessment obligation for that improvement.

The Maximum allowable assessment rate of $369.44 EB U (single family) generates an assessment total of $533,650.77.

Total Balance to Levy / Total EBU = Assessment Rate per EBU Assessment Rate per EBU x Parcel’s EBU = Parcel’s Assessment

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14 PART III — DISTRICT BUDGET
The following budget outlines the estimated costs to maintain the improvements for 2023-2024.

ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-2
City of Orange

ESTIMATED COSTS

OPERATION & MAINTENANCE FUND BALANCE FROM PRIOR YEA RS
Estimated Fund Balance (Includes 15-1 & 86-2) as of March 2023 $717,598 The estimated budget necessary for the 2023-2024 Fiscal Year for the District is as follows:

BUDGET ITEM COST

ANNUAL MAINTENANCE
Landscaping $391,321
Tree Trimming $175,000
Electrical Maintenance $40,000
Misc. Contract Services $0
Repair/ Maintenance Services $47,051
Supplies $6,400
Other Professional Services $1,000
Telephone $1,000
Electricity $13,000
Water $168,000
Salaries & Benefits $37,027
City Administrative Services $42,994
Capital Replacement/ Dedicated Reserves $0
TOTAL EST. LANDSCAPE MAINTENANCE EXPENDITURES $922, 793

ESTIMATED REVENUE
Landscape Maintenance District No. 86-2 $533,651
Rancho Santiago Community College District $25,106
Proposed Benefit Assessment FY 2023/24 (LMD 15-1)
(See LMD 15-1 Engineer’s Report for specifics)
• CPI Adjustment (Current Year 3.0%)
• Unused CPI Adjustment (Carry over from prior years)

$356,873
$10,706
$0
TOTAL ESTIMATED REVENUE $926,336

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15 SURPLUS FUNDS TO BE ADDED TO RESERVES

$3,543

●This Budget Estimate is for the purpose of establishing an Annual Assessment. It may vary from the adopted City Budge t. All assessments collected by the District may only be used for Dist rict expenditures regardless of the Budget Estimate.

BALANCE TO LEVY $533,651
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16 PART IV — DISTRICT DIAGRAMS
The parcels within the Landscape Maintenance Distri ct No 86-2 consist of all lots, parcels and subdivisions of land located in the planned residential development known as Santiago Hills.

The following diagram incorporates all parcels with in the District, as the same existed at the time this Report was prepared. The combination of this m ap and the Assessment Roll contained in this Report constitute the Assessment Diagram for the Landscape and Maintenance District No. 86-2. 348
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18 PART V — ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is based on available parcel maps and property data from the Orange County Assessor’s Off ice, as they existed at the time this Engineer’s Report was prepared and the City Council adopted th e Resolution of Intention. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein.

The following is a list of the parcels and proposed assessment amounts for Fiscal Year 2023-2024 for each of the parcels within the District as dete rmined by the assessment rates and method of apportionment described herein:
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1 CITY OF ORANGE
FINAL ENGINEER’S REPORT

FOR THE ANNUAL LEVY

ASSESSMENT LANDSCAPE MAINTENANCE
DISTRICT NO. 15-1
FISCAL YEAR 2023-2024

LANDSCAPE MAINTENANCE DISTRICT NO. 15-1

SANTIAGO HILLS

Intent Meeting: April 25, 202 3
Public Hearing: June 13 , 202 3

LMD 15-1 Preliminary ER FY 2023-24
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TABLE OF CONTENTS
AFFIDAVIT FOR THE ENGINEER’S REPORT .................................................. 2 INTRODUCTION ..................................................................................................... 4 Overview ..................................................................................................................................... 4 District’s Facilities ..................................................................................................................... 4 Assessment Background ........................................................................................................... 4 PLANS & SPECIFICATIONS ................................................................................... 5 FISCAL YEAR 2023-24 ESTIMATE OF COST AND BUDGET ............................. 8 Budget for Fiscal Year 2023-24 ............................................................................................... 8 METHOD OF APPORTIONMENT ...................................................................... 10 Method of Apportionment .................................................................................................... 10 Discussion of Benefit .............................................................................................................. 10 Benefit Factors ......................................................................................................................... 11 Benefit Finding ........................................................................................................................ 14 Zones of Benefit ...................................................................................................................... 17 Method of Assessment ........................................................................................................... 18 Residential Properties ............................................................................................................. 19 Commercial Properties ........................................................................................................... 20 Vacant/Undeveloped Properties........................................................................................... 21 Other Properties ...................................................................................................................... 21 Annual Cost Indexing ............................................................................................................. 22 Appeals of Assessments Levied to Property ....................................................................... 22 Assessment Funds Must Be Expended Within the District Area .................................... 23 ASSESSMENT .......................................................................................................... 24 ASSESSMENT DIAGRAM ...................................................................................... 25 ASSESSMENT ROLL .............................................................................................. 27

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INTRODUCTION
Overview
The City of Orange (the “City”) services and maintains perimeter and median landscaping, interior walkways and paseos, and other improvements (“Impro vements”) in the Santiago Hills neighborhoods in the eastern part of the City. This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as descr ibed below) that will be funded by the new 2023-2024 assessments, if approved, and other reven ue, to determine the general and special benefits received from the Improvements by property within the Improvement District (“District”), and to determine the method of assess ment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Stree ts and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”).

Landscape Maintenance District (LMD) No. 15-1 was f ormed in 2015. This assessment district is identical to the existing Landscape Maintenance Dis trict No. 86-2 in its geographic boundaries, parcels to be assessed, Improvements to be serviced , maintained, or repaired and budgeted cost centers. The assessments collected, if approved, wi ll be in addition to those collected for Landscape Maintenance District 86-2.

District’s Facilities
The City’s landscape facilities to be funded by ass essments within this District are located in the Santiago Hills neighborhoods of the City. The Impro vements generally include entrance signs, traffic islands and medians, parkways, recreation a reas, paseos, lighting, and the infrastructure required to support these Improvements.

Assessment Background
The City formed Landscape Maintenance District No. 86-2 in 1987 to service and maintain the specific landscape facilities and improvements rele vant to this report. Revenues from that district remain relatively flat, there is not an inflation a djustment provision, while the costs to maintain and service these facilities and improvements have risen steadily. In 2007 the City began to decrease service levels in an effort to contain cos ts within available revenues. The service levels continued to decrease to offset the effects of risi ng utilities, labor and materials costs until the creation of LMD No. 15-1.

In order to restore service levels and make needed repairs and improvements to the District’s facilities, the LMD No. 15-1 that exactly overlaid the existing assessment district, was formed. 354
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PLANS & SPECIFICATIONS
The City maintains landscaping and other improvemen ts in locations within the proposed Assessment District’s boundaries. The work and impr ovements proposed to be undertaken by the Landscape Maintenance District No. 15-1 and the cos t thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definition s provided by the Landscaping and Lighting Act of 1972, (the “Act”) the work and improvements are generally described as follows:

Entrance Sign
The entrance signs with landscape improvements to be maintained are to be located at the following locations within the District:
• Chapman Avenue at Newport Boulevard (southeast corner) • Newport Boulevard at Canyon View Avenue (northeast corner) Parkways and Recreation Areas
The landscaped parkways and recreation areas to be maintained by the District are located as follows:
• Newport Boulevard – approximately 18-foot wide zone (including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on the east side from Santiago Canyon Road to 312 feet south of the centerline of Skylark Place. • Chapman Avenue – approximately 18-foot wide zone (i ncluding the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on both sides from Newport Boulevard to Jamboree Road.
• Canyon View Avenue – approximately 30-foot wide zon e (including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on both sides from Newport Boulevard to Jamboree Road.
• White Oak Ridge – approximately 17-foot wide zone ( including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on both sides from Newport Boulevard to Canyon View Avenue.
• Trails End Lane – approximately 17-foot wide zone o n the west side and approximately 28- to 32-foot wide zone on the east side (including th e width of the sidewalk), both zones from the back of the curb to the property line, and corn er cutoffs at intersections, from White Oak Ridge to Chapman Avenue.
• Handy Creek Corridor – from the intersection of Cha pman Avenue and Newport Boulevard to White Oak Ridge, and from White Oak Ridge to the intersection of Canyon View Avenue and Aspen Street (Lot 20, a portion of Lot 11, and Lot D of Tract 12417) including concrete walkways which also serve as emergency access ways.
• Paseo – approximately 50-foot wide zone from Santia go Hills Park to White Oak Ridge and from White Oak Ridge to Old Camp Road (Lots A and B of tract No. 12417) and approximately 35-foot wide zone from the Paseo to W hite Oak Ridge (Lot C of Tract No. 12417) including surface and subsurface drainage fa cilities and concrete walkways which also serve as emergency access ways.
• Aspen Street – approximately 10-foot wide zone (inc luding the width of the sidewalk) on south side from the back of the curb to the propert y line from the end of Handy Creek 355
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Corridor (Lot D, Tract No. 12417) near Canyon View Avenue to the northerly terminus of the street.
• Fort Road – approximately 17-foot wide zone (includ ing the width of the sidewalk) from the back of the curb to the property line on south side from White Oak Ridge to Jamboree Road.
• Santiago Canyon Road – approximately 18-foot wide z one (including the width of the sidewalk) from the back of the curb to the property line on north and south sides from Newport Boulevard to Jamboree Road.
• Old Camp Road – approximately 4-foot wide zone from the back of the curb to the property line on both sides from Canyon View Avenue to northerly terminus of the street. • Skylark Place – approximately 18-foot wide zone (in cluding the width of the sidewalk) from the back of the curb to the property line on both s ides from White Oak Ridge to Newport Boulevard.
• Jamboree Road – variable width zone (including widt h of the bike trail-sidewalk) from back of the curb to the property line on the west side f rom Canyon View Avenue to Santiago Canyon Road.
• Additional Areas – areas adjacent to the 18-foot wi de zones along Skylark Place, Chapman Avenue, and Jamboree Road have been dedicated to th e City with tracts 12672, 12741, 12711, 15398 and PM 92-195. Such areas have been la ndscaped by the developers and the sprinkler systems tied to the District’s.

Traffic Islands and Medians
• The landscaped islands and medians to be maintained by the District are located as follows:
• Chapman Avenue – 14-foot wide median from Newport Boulevard to Jamboree Road. • White Oak Ridge – 14-foot wide medians at Newport Boulevard and Canyon View Avenue. • Trails End Lane – 14-foot wide median from White Oak Ridge to Chapman Avenue. • Jamboree Road – 24-foot wide median from southerly City limits to Santiago Canyon road. • Santiago Canyon Road – Variable width from Newport Boulevard to Jamboree Road. • Newport Boulevard – 22-foot wide median from Chapma n Avenue to Santiago Canyon Road.

Excluded Improvements
The following items are excluded from the District:
• The 8+/- acre park is excluded from this District
• The City’s public safety facility on East Fort Road is excluded from this District • Chapman Hills Elementary School is excluded from this District • Santiago Canyon College is excluded from this Distr ict (Note that while some public improvements along the College frontage are maintained along with District Improvements, the College pays directly into the District’s fund to compensate for that work) • Sidewalks along all streets within the District are excluded • The Equestrian trail along Canyon View Avenue is excluded from this District Definitions
Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking 356
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lots, drainage systems, lighting, fencing, entry mo numents, recreational facilities, security patrols to protect the Improvements, graffiti removal and repa inting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locati ons owned, operated or maintained by the District.

As applied herein, “Installation” means the constru ction of Improvements, including, but not limited to, land preparation (such as grading, leve ling, cutting and filling), sod, landscaping, irrig ation systems, walkways and drainage, lights, and recreational facilities. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any Improve ment, including repair, removal or replacement of all or any part of any Improvement; providing fo r the life, growth, health, and beauty of landscaping, including cultivation, irrigation, tri mming, spraying, fertilizing, or treating for disea se or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other Improvements to remove or cover graffiti. “Servicing” means the furnishing of electric curren t, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other Improvements; or water fo r the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other Improvements.

Incidental expenses include all of the following: ( a) The costs of preparation of the report, includin g plans, specifications, estimates, diagram, and Asse ssment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices ; (c) compensation payable to the County for collection of Assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the I mprovements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Hi ghways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526).

Modifications to the District structure could inclu de, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexati on or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments.

The Assessment proceeds will be exclusively used fo r Improvements within the District plus incidental expenses.
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FISCAL YEAR 2023-24 ESTIMATE OF COST AND BUDGET
Budget for Fiscal Year 2023-24
The following budget shows the cost of the Improvem ents that would be funded by the District in Fiscal Year 2023-24. This table shows the total com bined expenditures associated with the Improvements for both Landscape Maintenance Distric ts (No. 15-1 and No. 86-2). Accordingly, revenues from both Districts are also shown.

BUDGET ITEM COST

$356,873
$10,706
$0
TOTAL ESTIMATED REVENUE $926,336

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SURPLUS FUNDS TO BE ADDED TO RESERVES

$3,543
District Expenditures will be adjusted to match the maximum allowable assessment.

●This Budget Estimate is for the purpose of establis hing an Annual Assessment. It may vary from the adopted City Budge t. All assessments collected by the District may only be used for Dist rict expenditures regardless of the Budget Estimate.

BALANCE TO LEVY $367,579

Notes to Estimate of Costs:

1. The Act requires that proceeds from the Assessments must be deposited into a special fund that has been set up for the revenues and expenditures o f the District. Moreover, funds raised by the Assessment shall be used only for the purposes stat ed within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carrie d over to the next Fiscal Year. The District may also establish a dedicated reserve fund for conting encies and special projects as well as a dedicated capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would eithe r be placed in the dedicated reserve fund, the capital improvement fund, or would be used to reduce future years' Assessments.

2. The rate shown here is for a single family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment Apportionment” and the sections following it in this report.

3. The total cost of the services and Improvements is the total assessment amount of $ 356,873 plus the value of the general benefit contributions from the City described in the section titled, “Method of Assessment Apportionment.”

4. The Assessment allows for an annual adjustment tied to the Consumer Price Index (the “CPI”), as detailed in the section titled “Method of Apport ionment – Annual Cost Indexing.” For Fiscal Year 2023-2024, the CPI is 4.9% for the Los Angeles -Long Beach-Anaheim area as of December 2022. Due to the remaining fund balance from Fiscal Year 2022-23, the Community Services Department staff recommends setting the CPI adjustm ent at 3.0% (maximum allowed) for Fiscal Year 2023-2024.
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10 Enhanced Level
of Service + Baseline Level
of Service = Final Level
of Service

METHOD OF APPORTIONMENT
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District.

The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apport ioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to p roperty based on the estimated relative special benefit for each type of property.

This section of the Engineer’s report includes a di scussion of the benefits to be provided by the proposed Improvements and the method of apportionme nt of assessments within the District. The formula below identifies the final level of service as the sum of the baseline level of service (witho ut this proposed Assessment) and the enhanced level of service to be funded by the proposed Assessment.

Discussion of Benefit
In summary, the Assessments can only be levied base d on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formu la or method which fairly distributes the net amount among all assessable lots or parcels in proportion to th e estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of th e California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must be equal to or exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional spe cial benefit conferred on that parcel."
The following benefit categories summarize the type s of special benefit to residential, commercial, industrial and other lots and parcels resulting fro m the Improvements to be provided with the assessment proceeds. These types of special benefits are summarized as follows:

A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District.

B. Access to Improved landscaped areas and Other Publi c Improvements within the District. 360
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11 C. Improved Views within the District.

D. Extension of a property’s outdoor areas and green s paces for properties within close proximity to the Improvements.

E. Creation of individual lots for residential and com mercial use that, in absence of the Assessments, would not have been created.

In this case, the recent Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (SVTA) decision in 2008 provides enhanced clarity to the d efinitions of special benefits to properties from similar improvements in three distinct areas:
• Proximity
• Expanded or improved access
• Views
The SVTA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or d erivative advantages resulting from the overall public benefits from a service or improvement are g eneral benefits. The SVTA decision also provides specific guidance that Improvements are a direct advantage and special benefit to property that is proximate to a facility that is improved by an assessment:

The characterization of a benefit may depend on whet her the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives a n indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).

Proximity, improved access and views, in addition t o the other special benefits listed herein further strengthen the basis of these Assessments.

Moreover, the Dahms v. Downtown Pomona Prop. & Bus. Improvement Dist . ( Dahms) decision in 2009 further clarified that certain services and Improve ments funded by assessments, that are over and above what otherwise would be provided and that oth er property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services.

Benefit Factors
The special benefits from the Improvements are further detailed below:

Proximity to Improved Landscaped Areas within the District The boundaries of the District were developed in co njunction and concurrent with the planning and design of the subdivisions and Improvements, and th us have been carefully drawn to only include the properties in the City of Orange that are proxi mate to the Improvements and that would materially benefit from the Improvements. In other words, the District has been narrowly drawn to include the properties that receive special benefit s from the Improvements. Therefore, property in the District enjoys unique and valuable proximity t o the Improvements that the public at large and property outside the District do not share.

In the absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degrad ed due to insufficient funding for maintenance, upkeep and repair. Therefore, the Asse ssments provide Improvements that are over and above what otherwise would be provided. Improve ments that are over and above what otherwise would be provided do not by themselves tr anslate into special benefits but when

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12 combined with the unique proximity and access enjoy ed by parcels in the District, they provide a direct advantage and special benefit to property in the District.

Access to Improved Landscaped Areas within the District Since the parcels in the District are nearly the on ly parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District.

Improved Views within the Assessment Districts
The City, by maintaining permanent public improveme nts funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provide d by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District.

Extension of a Property’s Outdoor Areas and Green Space s for Properties within Close Proximity to the Improvements
In large part because it is cost prohibitive to pro vide large open land areas on property in the District, the residential, commercial and other ben efiting properties in the District do not have larg e outdoor areas and green spaces. The Improvements wi thin the District provide additional outdoor areas that serve as an effective extension of the l and area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements.

Creation of Individual Lots for Residential and Commerci al Use that, in Absence of the Assessments, Would Not Have Been Created
In most of the District, the original owner/develop er(s) of the property within the District agreed unanimously to the Assessments. The Assessments pro vide the necessary funding for public improvements that were approved as a condition of d evelopment and subdivision approval.

Therefore, such Assessments allowed the original pr operty to be subdivided and for development of the parcels to occur. As parcels were sold, new own ers were informed of the Assessments through the title reports, and in some cases, through Depar tment of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the Assessment. Therefore, in the absence of the Assess ments, the lots within most of the District would not have been created. These parcels, and the Improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. 362
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13 Special
Benefit +
General
Benefit =
Total
Benefit

Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises 100% of the benefit because the Improvements were incorporated into the original planning and design of the subdivision, and thus were deemed to be necessary a nd required for the development of the lot.

Without those Improvements and associated benefit, the lots would not have been created in the first place. Nevertheless, four other definitive be nefits accruing to the parcels within the District are identified, and an allowance should be made within the overall relative importance of benefits. The table below illustrates the relative benefit level of the five identified benefits used in this Report.

Benefit Factor

Proximity

Relative Weight

10%
Access 10%
Views 10%
Outdoor Area or Green Space Extension 10%
Creation of Individual Lots for Development 60%
Total Benefit 100%

General Versus Special Benefit
Article XIIIC of the California Constitution requir es any local agency proposing to increase or impose a benefit assessment to “separate the genera l benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying fo r general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordin gly, a separate estimate of the special and general benefit is given in this section.

In other words:

There is no widely-accepted or statutory formula fo r general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA provides some clarification by indicating that general benefits provide “an ind irect, derivative advantage” and are not necessaril y proximate to the improvements.

In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.
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14 Benefit
+ to the
Public
at Large
Benefit to Real
Property Inside
the Assessment
District that is
Indirect and
Derivative
+
Benefit to Real
Property
= Outside the
Assessment
District
General
Benefit

The starting point for evaluating general and speci al benefits is the current, baseline level of servi ce.

The Assessment will fund Improvements “over and abo ve” this general, baseline level and the general benefits estimated in this section are over and above the baseline.

A formula to estimate the general benefit is listed below:

Special benefit, on the other hand, is defined in t he state constitution as “a particular and distinct benefit over and above general benefits conferred o n real property located in the district or to the public at large.” The SVTA decision indicates that a special benefit is confer red to a property if it “receives a direct advantage from the improvement ( e.g., proximity to a park).” In these Assessments, as noted, properties in the District h ave close and unique proximity, views and access to the Improvements and uniquely improved desirabil ity from the Improvements and other properties and the public at large do not receive s ignificant benefits because they do not have proximity, access or views of the Improvements. The refore, the overwhelming proportion of the benefits conferred to property is special, and is o nly minimally received by property outside the Assessment Districts or the public at large.

Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscapi ng and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.

Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all o f the special benefits from the Improvements because properties in the District enjoy unique clo se proximity and access to the Improvements that are not enjoyed by other properties or the public a t large. However, certain properties within the proximity/access radius of the Improvements, but ou tside of the boundaries of the District, may receive some benefit from the Improvements. Since t his benefit is conferred to properties outside the District boundaries, it contributes to the over all general benefit calculation and will not be funded by the Assessments. The general benefit to p roperty outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group.

Since the properties outside the District but with frontage abutting the Improvements receive benefit but cannot be assessed by the District, thi s is a form of general benefit to other property.

The primary ways that parcels outside the district benefit by the Improvements is from proximity, 364
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15 Assumptions:
47 parcel outside the District
1517 parcels in the District
Calculation:

General Benefit to property outside the
District =
47/(47+1517) * 40% = 1.20%

access, views and extension of outdoor space, which account for 40% of the available benefit.

Therefore, parcels that abut the landscape areas an d are not separated from the Improvements by a privacy fence are counted for this general benefit. The general benefit to property outside of the District is calculated as follows.

Benefit to Property Inside the Assessment Districts that is Indirect and Derivative The “indirect and derivative” benefit to property w ithin the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the Improvements are clearly “over and above” and “part icular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the Improvements enjoyed by benefiting properties in the District.

Nevertheless, the SVTA decision indicates there may be general benefit “co nferred on real property located in the district.” A measure of the general benefits to property within the Assessment area is the percentage of land area within the District tha t is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regiona l purposes could provide indirect benefits to the pub lic at large. Approximately 7.15% of the land area in the District is used for such regional purp oses, so this is a measure of the general benefits to property within the District.

Benefit To The Public At Large
The general benefit to the public at large can be e stimated by the proportionate amount of time that the District’s Improvements including landscaping a re used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements – and they confer far less benefit to the public at large than do similar park improvements.

One way to measure the special benefit to the gener al public is by the car trips through an area with Improvements. Of the five ways benefits are conferr ed (proximity, access, views, extension of a property’s green space, and creation of lots), the only benefit that is conferred by way of pass-by ca r trips is views, which accounts for 10% of the total benefits. For pass-by car trips, the benefit of views is found to be approximately half that of res idents, employees, customers or property owners in the District due to the brevity of the views. Therefore the relative benefit factor is reduced to 5%. 365
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16 1.16%

11.31% 11.3% = 10.0%
= 11.6%

21.6% TOTAL GENERAL BENEFIT
100.0% x 11.6% Out -of -District General Benefits
Property within the District 7.15%
Public at Large 3.00%
Total In -District 11.35% 11.4% x 88.4%

1.20%
In -District General Benefits
Outside the District
Relative Percent of
General Overall General
Benefit Benefit Benefit

Next, the views factors are weighted by the relevan t number of car trips. Using the lane miles as representative of pass-by traffic, an analysis show s that 60% of the lane miles are on arterial or collector streets where the general public has view s of the landscaping. Therefore (60% of 5% =)

3.0% of the benefits from the Improvements are general benefits to the public at large.

Special Considerations of Improvements Outside of District The benefits are categorized into to two geographic groupings of Improvements: In-District Improvements that include parkways, medians and pas eos that are either inside the district boundaries, or are traffic medians that directly ab ut or front the district; and Out-of-District Improvements that are parkways or medians that are both outside the District boundaries and are not abutting, fronting or lying adjacent to the Dis trict. Based on weighted square footage of the various types of Improvements, Out-of-District Impr ovements count for approximately 11.6% of the total benefits. These Out-of-District benefits are found to be entirely General Benefit. For example some Improvements at Santiago Canyon Colleg e are maintained, but the funding for this work comes entirely from the College as general benefit funds.

The In-District Improvements, conversely, provide a pproximately 88.4% of the total benefits. The general benefits provided by these Improvements are discussed above.

Total General Benefits
Using a sum of these three measures of general bene fit plus the special considerations of general benefit from Out-of-District benefits (both weighted accordingly), we find that approximately 21.6% of the benefits conferred by the Improvements may b e general in nature and should be funded by sources other than the Assessment. This calculation is shown below.

Although this analysis finds that 21.6% of the Asse ssment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the Assessments of 22%. Thi s minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits.

Final Step – Calculate the Current General Benefit Contribution from the City 366
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17 This general benefit cannot be funded from the Asse ssments; it must be funded from other sources such as the City’s General Fund or other non-Distri ct funds. These contributions can also be in the form of in-lieu contributions to the installation a nd maintenance of the Improvements such as other City assets that support and protect the Improvemen ts. The City of Orange will contribute both monetary and in-lieu resources to ensure that the g eneral benefits conferred by the proposed Improvements are not funded by the District’s property owners.

A summary and quantification of these other contributions from the City is discussed below:

The City of Orange owns, maintains, rehabilitates a nd replaces curb and gutter along the border of the District Improvements. This curb and gutter ser ves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenan ce, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%.

The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent floodin g and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements.

The contribution from the City towards general bene fit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%.

The City owns and maintains local public streets al ong the border of the District Improvements.

These public streets provide access to the Improvements for residents’ enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%.

The value of the construction of the Improvements c an be quantified and monetized as an annuity.

Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs, and is conservatively estimated to contribute 10%.

The total General Benefit is liberally quantified a t 22% which is entirely offset by the conservativel y quantified total non-Assessment contribution toward s general benefit described above of 25%.

Therefore, no additional General Benefit must be funded by the City.

Zones of Benefit
The boundaries of the District were developed in co njunction and concurrent with the planning and design of the subdivisions and Improvements, and th us include only the properties in the City of Orange that are proximate to the Improvements and t hat would materially benefit from the Improvements. Certain other properties surrounding the District were not part of the designed association between the Improvements and the assess ed areas, and are generally less proximate to the Improvements. In other words, the boundaries of the District have been narrowly drawn to include only properties that will specially benefit from the Improvements, and would receive a declining level of service if the Assessments were not approved.

The SVTA decision indicates:

In a well-drawn district — limited to only parcels r eceiving special benefits from the improvement — ev ery parcel within that district receives a shared special benef it. Under section 2, subdivision (i), these benefit s can be construed as being general benefits since they are not “particular and distinct” and are not “over and above” the benefits received by other properties “located in the district.” 367
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18 We do not believe that the voters intended to inval idate an assessment district that is narrowly drawn t o include only properties directly benefiting from an improve ment. Indeed, the ballot materials reflect otherwise . Thus, if an assessment district is narrowly drawn, the fact that a benefit is conferred throughout the district does not make it general rather than special. In that circumstance, the characterization of a benefit may depend on whet her the parcel receives a direct advantage from the improve ment (e.g., proximity to park) or receives an indire ct, derivative advantage resulting from the overall public benefit s of the improvement (e.g., general enhancement of the district’s property values).

In the District, the advantage that each parcel rec eives from the Improvements is direct, and the boundaries are narrowly drawn to include only parce ls that benefit from the Assessment. Therefore, the even spread of Assessment throughout the narrow ly drawn district is indeed consistent with the SVTA decision. For the most part, the benefits from the Improvements within the District do not vary further based on proximity of the parcels to t he Improvements because the increased benefits of greater proximity to the Improvements are genera lly offset by a parallel increase in negative factors such as higher levels of traffic, noise, etc. that comes with increased proximity.

There are two distinct neighborhoods within the Dis trict: Santiago Hills and Hillsdale. Santiago Hills is a complex neighborhood with arterial and c ollector streets traversing the residential areas and a commercial area on the northeast portion. In addition, Santiago Hills has a system of walking paths, or paseos, that provide additional benefits not found in the Hillsdale neighborhood. Hillsdale is a relatively small neighborhood, linear in shape centered on one residential street (Hillsdale Driv e) with Improvements along only one exterior frontage (Santiago Canyon Road).

In order to most conservatively assure that Assessm ents are proportional to the relative level of special benefits in the District, two zones have be en created. Zone of Benefit A (or “Zone A”) consists of all of the parcels that lie within the Santiago Hills neighborhood bounded generally by Chapman Avenue, Jamboree Road, Canyon View Avenue, Skylark Lane and Newport Boulevard.

Zone A receives the full complement of special benefits.

Zone of Benefit B (“Zone B”) consists of all the pa rcels that lie within the Hillsdale neighborhood lying generally north of Santiago Canyon Road. A de tailed analysis of the proportionate benefits received by the Hillsdale neighborhood as compared to the Santiago Hills neighborhood based on the weighted areas of parkways, paseos, and traffic medians within or proximate to the two zones shows that the Hillsdale neighborhood (Zone B) rece ives approximately 75% as much special benefit as the Santiago neighborhood (Zone A). Ther efore Assessments for parcels in Zone B are reduced approximately 20% from the rates for Zone A (see Assessment Diagram).

Method of Assessment
As previously discussed, the proposed Assessments w ill provide comprehensive Improvements that will clearly confer special benefits to properties in the District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parc el receives from the Improvements. It should be noted that many other types of “traditional” assess ments also use parcel population densities to apportion the Assessments. For example, the assessm ents for sewer systems, roads and water systems are typically allocated based on the popula tion density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels.
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19 The next step in apportioning Assessments is to det ermine the relative special benefit for each property. This process involves determining the rel ative benefit received by each property in relation to a single family home, or, in other words, on the basis of Single Family Equivalents (SFE). This SFE methodology is commonly used to distribute Asse ssments in proportion to estimated special benefit and is generally recognized as providing th e basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Re port, all properties are designated a SFE value, which is each property’s relative benefit in relati on to a single family home on one parcel. In this case, the "benchmark" property is the single family detached dwelling which is one Single Family Equivalent or one SFE.

Not only residential improved property will be asse ssed, because commercial and other properties may also receive direct benefits from the Improvements, and will be assessed.

A fixed or flat Assessment is proposed for all sing le family residential properties regardless of occupancy or parcel size. Assessments on multi-fami ly residential parcels vary based on the number of dwelling units. Assessments on commercial proper ty are levied on an acreage basis because larger properties generally support larger buildings and h ave higher numbers of employees, customers and guests who would benefit from proximity and improve d access to well-maintained and improved landscaping.

Finally, the special benefits to be derived from th e proposed Assessments will be conferred on property and are not based on a specific property o wner’s use of the improvements, a specific property owner’s occupancy of property, or the prop erty owner’s demographic status such as age or number of dependents. The benefits conferred to pro perty are related to the average number of people who could potentially live on, work at, or o therwise could occupy a property, not how the property is currently used by the present owner. Th erefore, the number of people who could or potentially live on, work at or otherwise occupy a property is one indicator of the relative level of benefit received by a property.

In conclusion, the Assessment Engineer determined t hat the appropriate method of assessment apportionment should be based on the type of proper ty, the relative size of the property, property location, its relative population and its proximity to Improvements. This method is further described below.

Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit are assigned one Single Family Equivalent or 1.0 SFE. D etached or attached houses and zero-lot line houses are included in this category of single fami ly residential property. If there is more than one single family detached dwelling on a parcel, it wil l be charged one SFE per single family detached dwelling.

Properties with more than one residential unit (oth er than parcels with more than one detached single family dwelling as described above) are designated as multi-family residential properties. These properties benefit from the Improvements in proport ion to the number of dwelling units that occupy each property, the average number of people who reside in multi-family residential units versus the average number of people who reside in a single family home (Population Density Factor) and the relative size of each type of residential d welling unit (Square Foot Factor). The population density factors for the area in Orange County encom passing the District, as depicted in the following table, provide the basis for determining the SFE factors for residential properties. Using the total population in a certain property type in the area of the District from the 2010 Census and 369
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20 dividing it by the total number of such households, finds that approximately 3.21 persons occupy each single family residence, whereas an average of 2.93 persons occupy each condominium. The ratio of 3.21 people on average for a single family residence and 2.93 people per dwelling unit in a condominium unit results in a population density eq uivalent of 0.91 for condominiums. Next, the relative building areas are factored into the analysis because special benefits are related to the average size of a property, in addition to average populati on densities. For a condominium, this calculation results in an SFE factor of 0.71 per dwelling unit.

Table 1 – Residential Density and Assessment Factors

Type of Residential Property
Pop. Density
Equivalent
SqFt
Factor
SFE
Factor

Single Family Residential

1.00 1.00

1.00 Condominium 0.91 0.78 0.71

There are no other multi-family property types (e.g ., duplex, triplex, fourplex, apartments) in the District, and none are foreseen in the future. Therefore no SFE-based assessment rate is calculated.

Commercial Properties
SFE values for commercial land uses are based on th e equivalence of special benefit on a land area basis between single family residential property an d the average commercial property. The SFE values for various commercial land uses are further defined by using average employee densities because the special benefit factors described previ ously can be measured by the average number of people who work at commercial properties.

In order to determine employee density factors, the findings from the San Diego Association of Governments Traffic Generators Study (the “SANDAG S tudy”) are used because these findings were approved by the State Legislature as being a g ood representation of the average number of employees per acre of land area for commercial prop erties. As determined by the SANDAG Study, the average number of employees per acre for general commercial property is 24.

In comparison, the average number of people residin g in a single family home in the area is 3.21.

Since the average lot size for a single family home in the District is approximately 0.12 acres, the average number of residents per acre of residential property is 26.8.

The employee density per acre is roughly equal to ( or 0.9 times) the population density of single family residential property per acre (24 employees per acre / 26.8 residents per acre). However, the benefit derived by employees on commercial properti es is less than that derived by a resident on residential property, generally due to less time of use of services and Improvements. The Assessment Engineer determines that this factor is 0.5 for commercial to 1 for residential. Table 2 below shows the average employees per acre of land area or portion thereof for various types of commercial properties and lists the relative SFE fa ctors per 0.12 acre for properties in each land use category.
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21 Commercial properties in excess of 5 acres generall y involve uses that are more land intensive relative to building areas and number of employees (lower coverage ratios). As a result, the benefit factors for commercial property land area in excess of 5 acres is determined to be the SFE rate per

0.12 acre for the first 5 acres and the relevant SFE rate per each additional acre over 5 acres.

Table 2 – Commercial Density and Assessment Factors

Type of Commercial Land Use
Average
Employees
per Acre 1
SFE Unit
per

0.12 Acre
s

2 General Commercial

24 0.500
Office 3 68 1.420
Shopping Center 24 0.500

1. Source: San Diego Association of Governments Traffic Generators Study.

2. The SFE factors for commercial and industrial parce ls are applied by the 0.12 acre of land area or portion thereof. (Therefore, the minimum assessment for any assessable parcel in these categories is the SFE Units listed herein.) The rates apply up to first 5 acres of parcel size. Additional acreage i s benefited at the rate shown above per acre or portion thereof.

3. Currently there are no parcels in the District in t he Office category. This rate is included in the event General Commercial space is converted to Office space.

Vacant/Undeveloped Properties
The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed prop erty. An analysis of the assessed valuation data from the County of Orange found that approximately 55% of the assessed value of improved properties is classified as the land value. It is r easonable to assume, therefore, that approximately 55% of the benefits are related to the underlying l and and 45% are related to the improvements and the day-to-day use of the property. Using this rati o, the SFE factor for vacant/undeveloped parcels is 0.55 per parcel.

Other Properties
Article XIIID stipulates that publicly owned proper ties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the Assessment.

All properties that are specially benefited are ass essed. Certain other publicly owned property that lie within the District boundaries, including Santiago Canyon College, Chapman Hills Elementary School, Santiago Hills Park, and City of Orange pub lic safety facility on East Fort Road, are not assessed. These are discussed below.

Santiago Canyon College: The College lies within th e District and certain Improvements lie on their property. Although the College is not assessed in this District, the College pays for any special 371
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22 benefit through a separate agreement with the City, and that monetary contribution is shown in Table 1. In addition, all benefit attributable for the College property is included in the General Benefit calculation shown above.

Chapman Hills Elementary School: Any special benefi t attributable to the School buildings and parking lots are entirely offset by the benefit pro vided to the neighborhood by the outdoor fields.

This facility was also included in the list of regi onal facilities in the calculation of general benef it to properties inside the district that is indirect and derivative above.

Santiago Hills Park: Any special benefit attributab le to the Park is entirely offset by the benefit provided to the neighborhoods by park facilities. T his facility was also included in the list of regional facilities in the calculation of general b enefit to properties inside the district that is in direct and derivative above.

City of Orange Public Safety Facility on East Fort Road: Any special benefit received by this facility is entirely offset by the benefit provided back to the neighborhood similar to other in-lieu contributions to the General Benefit contributions that are funded by the City’s General Fund or other non-District funds.

Miscellaneous, small and other parcels such as road s, right-of-way parcels, and common areas typically do not generate significant numbers of em ployees, residents, customers or guests, and have limited economic value. These miscellaneous parcels receive minimal, if any, benefit from the Improvements and are assessed an SFE benefit factor of zero SFEs.

Annual Cost Indexing
The Assessment is subject to an annual adjustment t ied to the Consumer Price Index-U for the Los Angeles-Long Beach-Anaheim area as of December of e ach succeeding year (the “CPI”), with a maximum annual adjustment not to exceed 3%. Any cha nge in the CPI in excess of 3% shall be cumulatively reserved as the “Unused CPI” and shall be used to increase the maximum authorized assessment rate in years in which the CPI is less t han 3%. The maximum authorized assessment rate is equal to the maximum assessment rate in the firs t fiscal year the Assessment was levied adjusted annually by the minimum of either 3% or the change in the CPI plus any Unused CPI as described above.

Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment le vied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Orange City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the t hen-current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the a ppropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or h er designee is authorized to refund to the property owner the amount of any approved reduction . Any dispute over the decision of the City Manager or his or her designee shall be referred to the Orange City Council, and the decision of the City Council shall be final.
372
Engineer’s Report
City of Orange
Landscape Maintenance District No. 15-1
23 Assessment Funds Must Be Expended Within the District Area The net available Assessment funds, after incidenta l, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrati ve costs as defined in the Plans and Specifications section.
373
Engineer’s Report
City of Orange
Landscape Maintenance District No. 15-1
24 ASSESSMENT
The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2023-24 is generally as follows:

Table 3 – Summary Cost Estimate
For Landscape Maintenance District No. 15 -1
For Fiscal Year 2023-24

BUDGET ITEM COST

ANNUAL MAINTENANCE
Operating Expenses

$842,772
Salaries & Benefits $37,027
Administration and Project Management $42,994
Capital Expenses/ Revenues $0
Total for Services $922,793
Less Other Revenue ($558,757)
Reserve Funds $3,543

Net Amount of Assessment $367,579
As required by the Act, an Assessment Diagram showi ng the exterior boundaries of the Improvement District is hereto attached and incorpo rated herein by reference. The distinctive number of each parcel or lot of land in the Distric t is its Assessor Parcel Number appearing on the Assessment Roll.
374
Engineer’s Report
City of Orange
Landscape Maintenance District No. 15-1
25 ASSESSMENT DIAGRAM
The parcels proposed to be assessed in Landscape Ma intenance District No. 15-1 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Orange, and includes all those properties included in the original formation of LMD No. 86-2. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within t he District are those lines and dimensions as shown on the maps of the Assessor of the County of Orange, for Fiscal Year 2023-24, and are incorporated herein by reference, and made a part of this Diagram and this Report. 375
Engineer’s Report
City of Orange
Landscape Maintenance District No. 15-1
26 376
Engineer’s Report
City of Orange
Landscape Maintenance District No. 15-1
27 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assess ed within the Assessment District and the amount of the Assessment) will be filed with the City Cler k and is, by reference, made part of this Report and is available for public inspection during norma l office hours at the City Hall at 300 East Chapman Avenue, Orange, California 92866.

Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by referenc e made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. 377
Agenda Item
City Council
Item #: 3.21. 4/25/2023 File #: 23-0266
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorization to apply for a grant under the Orange County Transportation Authority’sMeasure M2 Environmental Cleanup Tier 1 Program. Resolution No. 11447.

2. SUMMARY
Resolution No. 11447 authorizes the City of Orange to apply for a $500,000 grant under the Orange County Transportation Authority’sMeasure M2 Environmental Cleanup Program Tier 1 Program. Staff is proposing the installation of a Hydrodynamic Separator for an estimated total project cost of $625,000, inclusive of the required 20% match.

3. RECOMMENDED ACTION
Adopt Resolution No. 11447. A Resolution of the City Council of the City of Orange authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for the installation of a Hydrodynamic Separator and Connector Pipe Screens.

4. FISCAL IMPACT
None.

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

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

6. DISCUSSION AND BACKGROUND
The Public Works Department has identified the Glassell Street and Brentwood Avenue intersection as a good location for the installation of a Hydrodynamic Separator off-line with the existing 4’x4’ reinforced concrete box storm drain line. This storm drain line collects runoff from commercial shops, restaurants, single family and multiple family residence areas and is experiencing a heavy volume of trash and debris. Installing a Hydrodynamic Separator Unit will effectively capture trash and debris that may adversely impact receiving waters and impair beneficial uses such as recreation, swimming, and fishing.

The project also proposes to install 11 connector pipe screen (CPS) units in various catch basins City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.21. 4/25/2023 File #: 23-0266
The project also proposes to install 11 connector pipe screen (CPS) units in various catch basins located on Glassell Street, Crystal View Avenue, Flower Street, and La Veta Avenue. The CPS will capture trash and debris from the nearby priority land uses such as restaurants, bus stops, and other commercial sites.

The total estimated project cost is $625,000. The City is seeking a competitive grant of $500,000 that would require $125,000 in matching funds. If successful, Public Works staff would most likely request an appropriation of $125,000 from Sanitation and Sewer (220) to provide the matching funds.

Renewed Measure M (M2) approved by the voters in 2006 is a 30-year, multi-billion-dollar program extension of the original Measure M (approved in 1990) with a new slate of planned projects and programs. These include improvements to the county freeway system, streets and roads network, expansion of the Metrolink system, more transit services for seniors and the disabled, as well as funding for the cleanup of roadway storm water runoff.

Orange County Local Transportation Ordinance No.3, dated July 24, 2006, known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan, makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution (urban runoff) and improve overall water quality.

7. ATTACHMENTS
· Resolution No. 11447
City of Orange Printed on 4/20/2023Page 2 of 2
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379
Agenda Item
City Council
Item #: 3.21. 4/25/2023 File #: 23-0266
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorization to apply for a grant under the Orange County Transportation Authority’sMeasure M2 Environmental Cleanup Tier 1 Program. Resolution No. 11447.

4. FISCAL IMPACT
None.

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

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

The project also proposes to install 11 connector pipe screen (CPS) units in various catch basins City of Orange Printed on 4/20/2023Page 1 of 2
powered by Legistar™
380
Item #: 3.21. 4/25/2023 File #: 23-0266
The project also proposes to install 11 connector pipe screen (CPS) units in various catch basins located on Glassell Street, Crystal View Avenue, Flower Street, and La Veta Avenue. The CPS will capture trash and debris from the nearby priority land uses such as restaurants, bus stops, and other commercial sites.

7. ATTACHMENTS
· Resolution No. 11447
City of Orange Printed on 4/20/2023Page 2 of 2
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381
RESOLUTION NO. 11447

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE AUTHORIZING AN

APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 1 GRANT

PROGRAM UNDER ORANGE COUNTY LOCAL
TRANSPORTATION ORDINANCE NO. 3 FOR

THE INSTALLATION OF A HYDRODYNAMIC

SEPARATOR AND CONNECTOR PIPE
SCREENS.

WHEREAS, the City of Orange (the “City”) is a municipal corporation which exercises governmental functions and powers, and is organized and existing under the laws of the State of California; and

WHEREAS, Orange County Local Transportation Ordinance No. 3, dated July 24, 2006, and is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan, makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation -generated pollution (urban runoff ) and improve overall water quality; and

WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management Practices (“BMPs”), such as screens, filters, inserts, and other "street-scale" low flow diversion projects; and

WHEREAS, Orange County Transportation Authority ( “OCTA”) has established the procedures and criteria for reviewing proposals; and

WHEREAS, the City possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and

WHEREAS, by formal action , the City Council of the City of Orange authorizes the nomination of the City Hydrodynamic Separator and Connector Pipe Screens (CPS) Installation, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City to act in connection with the nomination and to provide such additional information as may be required; and

WHEREAS, the City will maintain and operate the equipment acquired and installed; and

WHEREAS, the City will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and

382
2 WHEREAS, the City will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and the project will be carried to completion with reasonable diligence; and

WHEREAS, the City will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and

WHEREAS, the City must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and

WHEREAS, the City authorizes a formal amendment to the seven -year Capital Improvement Program to add projects approved for funding upon approval from the OCTA Board of Directors; and

WHEREAS, the City wil l provide a minimum of 20% in matching funds for the Hydrodynamic Separator and Connector Pipe Screens (CPS) Installation as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, that its Public Works Director or designee is authorized as the official representative of the City to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the City o f Orange Hydrodynamic Separator and Connector Pipe Screens (CPS) Installation project.

BE IT FURTHER RESOLVED that the City agrees to fund its share of the project costs and any additional costs over the identified programmed amount.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

383
3 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

384
Agenda Item
City Council
Item #: 3.22. 4/25/2023 File #: 23-0267
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with County of Orange for the allocation of County of Orange State and Local Fiscal Recovery Funds (SLFRF) program funding of $225,000 for the Plaza Park Safety Enhancements and repairs to the Plaza Park historic fountain.

2. SUMMARY
The proposed Agreement with the County of Orange will allocate $225,000 to the City for Plaza Park Safety Enhancements and Plaza Park historic fountain repairs.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget a $225,000 State and Local Fiscal Recovery Fund (SLFRF) grant from the County of Orange into revenue account number 500.5032.45150.16302, Capital Projects - Minor Traffic Control Devices.

2. Authorize the appropriation of $225,000 into the expenditure account 500.5032.56100.16302, Capital Projects - Minor Traffic Control Devices.

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

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
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
On March 11, 2021, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law by the President of the United States in conjunction with the national emergency concerning the COVID-19 outbreak. Under the State and Local Fiscal Recovery Funds (SLFRF) program, enacted as part of ARPA, more than $350 billion in emergency funding was distributed to state, local, territorial, and Tribal governments, with the County of Orange receiving a total of $616.8 million of SLFRF funds. On March 28, 2023, the Orange County Board of Supervisors authorized $200,000 in Third District SLFRF funds to be used to protect the City of Orange Plaza Park and surrounding area City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.22. 4/25/2023 File #: 23-0267
Third District SLFRF funds to be used to protect the City of Orange Plaza Park and surrounding area and $25,000 in Second District SLFRF funds to be used to help repair the park’shistoric fountain which was severely damaged in a car crash on March 13.

On November 15, 2022, Council approved Bid No. 22-23.13 (Park Plaza Safety Enhancements) awarded to CT&T Concrete Paving, Inc. in the amount of $226,523. The additional grant funding provided by County of Orange is intended to pay for costs of construction associated with protecting the City’sPlaza Park and surrounding area, including the implementation of safety measures and the preservation of the park’s historic fountain. This agreement terminates on June 30, 2024

7. ATTACHMENTS
· ARPA Funding Beneficiary Agreement
City of Orange Printed on 4/20/2023Page 2 of 2
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386
Agenda Item
City Council
Item #: 3.22. 4/25/2023 File #: 23-0267
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

2. SUMMARY
The proposed Agreement with the County of Orange will allocate $225,000 to the City for Plaza Park Safety Enhancements and Plaza Park historic fountain repairs.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $225,000 into the expenditure account 500.5032.56100.16302, Capital Projects - Minor Traffic Control Devices.

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

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
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
On March 11, 2021, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law by the President of the United States in conjunction with the national emergency concerning the COVID-19 outbreak. Under the State and Local Fiscal Recovery Funds (SLFRF) program, enacted as part of ARPA, more than $350 billion in emergency funding was distributed to state, local, territorial, and Tribal governments, with the County of Orange receiving a total of $616.8 million of SLFRF funds. On March 28, 2023, the Orange County Board of Supervisors authorized $200,000 in Third District SLFRF funds to be used to protect the City of Orange Plaza Park and surrounding area City of Orange Printed on 4/20/2023Page 1 of 2
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387
Item #: 3.22. 4/25/2023 File #: 23-0267
Third District SLFRF funds to be used to protect the City of Orange Plaza Park and surrounding area and $25,000 in Second District SLFRF funds to be used to help repair the park’shistoric fountain which was severely damaged in a car crash on March 13.

7. ATTACHMENTS
· ARPA Funding Beneficiary Agreement
City of Orange Printed on 4/20/2023Page 2 of 2
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388

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Orange City CouncilApril 25, 2023

Orange City Council
April 25, 2023