BENEFICIARY AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF ORANGE FOR
AMERICAN RESCUE PLAN ACT FUNDING
This Grant Agreement (the “Agreement”) is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “County ” and the City of Orange, a California municipal corporation, hereafter referred to as “ City,” with the County and City referred to as “Par ty,” or collectively as “Parties.”
WHEREAS, on February 26, 2020, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (named “COVID-19”) in Orange County (the “COVID-19 Emergency”); and
WHEREAS, on March 2, 2020, the Board of Supervisors adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County’s Health Officer; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California because of the threat of COVID- 19; and
WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the COVID-19 Outbreak; and
WHEREAS, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law by the President of the United States on March 11, 2021; and WHEREAS, 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 receiving a total of $616.8 million in two equal allocations of SLFRF funds; and WHEREAS, ARPA provides that SLFRF funds may be used to replace lost public sector revenue to pay for government service expenses that are incurred during the period that begins on March 3, 2021, and ends on December 31, 2024; and
WHEREAS, on January 6, 2022, the United States Department of Treasury released its Final Rule for the SLFRF program, which among other things, authorizes State and local government recipients to use SLFRF funds to replace lost public sector revenue and use such funding to provide government services up to the amount of revenue loss due to the pandemic; and
DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4 389
WHEREAS, on March 28, 2023, the Orange County Board of Supervisors authorized $200,000 in Third District SLFRF funds and $25,000 in Second District SLFRF funds to be used to protect the City’s Plaza Park and surrounding area, including the park’s historic fountain; and
WHEREAS, in order to assist City in protecting its Plaza Park and surrounding area, the Parties have agreed that the County shall transfer the Grant Amount described herein to City.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on June 30, 2024, or when all the Parties’ obligations under this Agreement are fully satisfied, whichever occurs earlier.
2. USE OF GRANT AMOUNT.
a. The grant funds provided are federal funds and subject to the Single Audit Act of 1984. The following information is provided in accordance with the Single Audit Act.
Grant Amount $225,000
Entity Name: City of Orange
Entity Unique Entity
Identifier (UEI)
KF72Q5W8MG44
Awarding County Agency County Executive Office
County Contact
Information
Oana Cosma (714) 834-7410
Assistance Listing
Number (ALN) / Name
21.027 / Coronavirus State and Local Fiscal
Recovery Funds
Federal Award
Identification Number
(FAIN)
SLFRP1607
Awarding Federal Agency US Treasury Department
Indirect Cost Rate 10% MTDC or Federally Approved Rate
Whether Award is R&D: No
b. City shall use Grant Amount provided under this Agreement for costs associated with protecting the City’s Plaza Park and surrounding area, including the implementation of safety measures and the preservation of the park’s historic fountain.
c. Indirect costs may not exceed 10% of the modified total direct costs per 2 CFR section 200.68 or the federally approved indirect cost rate, if applicable.
d. City must utilize the Grant Amount in accordance with all Federal and State laws, including but not limited to the American Rescue Plan DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4 390
Act of 2021 (ARPA), codified at 42 U.S.C. § 802, et seq., and all applicable regulations and guidelines implementing ARPA, including the regulations issued by the Department of Treasury at 31 CFR Part 35 regarding costs that are payable from SLFRF Funds.
3. PAYMENT OF GRANT AMOUNT
a. The County will issue a one-time payment to the City of the Grant Amount set forth in Paragraph 2.a within 10 business days of the full execution of this Agreement. All of City’s expenditures of the Grant Amount must be for costs as described in Paragraph 2b of this Agreement.
b. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein.
4. STATUTES AND REGULATIONS APPLICABLE TO GRANT . City must comply with all applicable requirements of State, Federal, and County of Orange laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement.
City must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and othe r conditions of employment. City must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
a. Office of Management and Budget (OMB) Guidance. City must comply with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards per 2 CFR Part 200 (the “Uniform Guidance”), including the procurement standards set forth in 2 CFR 200.318 through 2 CFR 200. 327 when using the Grant Amount to procure goods and services.
b. Single Audit Act. Since Federal funds are used in the performance of this Agreement, City must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), OMB Circular A -133 and any administrative regulation or field memoranda implementing the Act. c. Political Activity Prohibited . None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation.
d. SAM.gov Requirements . City is required to have an active registration with the System for Award Management (“SAM”) (https://www.sam.gov).
DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4 391
5. COMPLIANCE WITH GRANT REQUIREMENTS. Grant funds awarded must be used solely for the purposes identified in Paragraph 2 of this Agreement. In accordance with Paragraph 11, City agrees to indemnify , defend , and hold harmless the County of Orange for any sums the State or Federal government contends or determines City used in violation of this Agreement. City shall immediately return to the County any funds the County or any responsible State or Federal agency, including the Department of Treasury, determines the City has used in a manner that is inconsistent with Paragraph 2 of this Agreement. The provisions of this paragraph shall survive termination of this Agreement.
6. CERTIFICATION. City hereby certifies that it will use the Grant Amount for eligible expenses as described in Section 2 above.
7. RECORDS MAINTENANCE. Records, in their original form, must be maintained in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period of four (4) years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within the County of Orange unless authorization to remove them is granted in writing by the County.
8. RECORDS INSPECTION. At any time during normal busine ss hours and as often as either the County, Inspector General acting pursuant to the Inspector General Act of 1978, or the Auditor General of the State of California may deem necessary, City must make available for examination all its records with respect to all matters covered by this Agreement. The County, Inspector General, and the Auditor General of the State of California each have the authority to audit, examine and make excerpts or transcripts from records, including all City’s invoices, materials, p ayrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. City agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of City’s records, the County may require that City provide supporting documentation to substantiate City’s expenses with respect to the City’s use or expenditure of monies provided by the County to the City under this Agreement.
9. INDEPENDENT CONTRACTOR. The City shall be considered an independent contractor and neither the City, its employees, nor anyone working under the City shall be considered an agent or an employee of County.
Neither the City, its employees nor anyone working under the City shall qualify for workers’ compensation or other fringe benefits of any kind through County.
DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4 392
10. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. City shall be responsible for obtaining all permits, licenses, and approvals required for performing any work under th is Agreement. City shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. City shall provide copies of permits and approvals to the County upon request.
11. INDEMNITY. The City agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board harmless from any claims, demands or liability of any kind or nature, arising from or related to the City’s receipt of the Grant Amount under this Agreement, including any claims that the amount s paid by the County to City were not used consistent with the restrictions on the use of SLFRF program funds as set forth in the regulations and guidance issued by the Department of Treasury regarding the use of such funds. The provisions of this paragraph shall survive the termination of this Agreement.
12. NOTICES. All notices, requests , demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
City:
Tom Kisela, City Manager
City of Orange
[email protected]
200 S. Orange Blvd.
Orange, CA 92805
County:
Oana Cosma, County Budget Office
[email protected]
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701-4062
13. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4 393
Agreement, the non -breaching Party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
14. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney’s fees, costs, and expenses.
15. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on the parties unless authorized by the Parties in writing.
16. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below.
BY: DATED:
Tom Kisela, City Manager
City of Orange
BY: DATED:
Helen Hernandez, Deputy Purchasing
Agent
County Procurement Office
County of Orange, California
APPROVED AS TO FORM:
Office of the County Counsel
County of Orange, California
BY:____________________________
Deputy
DATED:________________________
DocuSign Envelope ID: 5A649759-9494-42EB-8E3A-C6EEDE2434E4 4/5/2023
4/5/2023
4/5/2023
394
Agenda Item
City Council
Item #: 3.23. 4/25/2023 File #: 23-0286
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Resolution No. 11451 - A resolution of the City Council of the City of Orange rescinding Resolution No. 11392 regarding a Level 2 water supply shortage.
2. SUMMARY
In May 2022, the City Council adopted Resolution No. 11392 declaring a Level 2 water supply shortage as defined in the Water Shortage Contingency Plan (WSCP) due to the statewide drought condition. With the improved water supply conditions, the City of Orange is rescinding Resolution No. 11392 effective May 1, 2023.
3. RECOMMENDED ACTION
Adopt Resolution No. 11451- A resolution of the City Council of the City of Orange rescinding resolution No. 11392 regarding a Level 2 water supply shortage.
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 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.
6. DISCUSSION AND BACKGROUND
On October 19, 2021, Governor Newsom proclaimed a state of emergency due to the extreme drought conditions. To comply with the State regulations, the City Council adopted Ordinance 16-21 updating Chapter 7.02 of the Municipal Code. Chapter 7.02 outlines the permanent water conservation requirements and procedures for determination of water supply shortage and level implementation.
On March 28, 2022, Governor Newsom issued Executive Order N-7-22 directing the SWRCB to adopt regulations requiring all water agencies to implement Level 2 water supply shortage.
Additionally, Executive Order N-7-22 prohibited the use of potable water for the irrigation of non- functional turf at commercial, industrial, and institutional sites. To comply with Governor Newsom’s water conservation mandate, the City Council approved Resolution No. 11392 declaring a Level 2 City of Orange Printed on 4/20/2023Page 1 of 2
powered by Legistar™
395
Item #: 3.23. 4/25/2023 File #: 23-0286
Water Supply Shortage as outlined in the WSCP.
Because of the significant precipitation that California has received this year and the continuing water conservation efforts, the water supply shortage conditions no longer exist. The Governor’slatest Executive Order, N-5-23, on March 24, 2023, recognized the change in water supply conditions and removed the requirement that water agencies be at Level 2 of their WSCP. Therefore, staff recommends the City’s WSCP Level be reduced from Level 2 to Level 0 effective May 1, 2023.
If the water supply conditions change or if the Governor implements new mandatory conservation goals, staff will return to City Council with appropriate recommendations to meet the requirements.
7. ATTACHMENTS
· Resolution No. 11451
· Executive Order N-5-23
City of Orange Printed on 4/20/2023Page 2 of 2
powered by Legistar™
396
Agenda Item
City Council
Item #: 3.23. 4/25/2023 File #: 23-0286
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Resolution No. 11451 - A resolution of the City Council of the City of Orange rescinding Resolution No. 11392 regarding a Level 2 water supply shortage.
2. SUMMARY
In May 2022, the City Council adopted Resolution No. 11392 declaring a Level 2 water supply shortage as defined in the Water Shortage Contingency Plan (WSCP) due to the statewide drought condition. With the improved water supply conditions, the City of Orange is rescinding Resolution No. 11392 effective May 1, 2023.
3. RECOMMENDED ACTION
Adopt Resolution No. 11451- A resolution of the City Council of the City of Orange rescinding resolution No. 11392 regarding a Level 2 water supply shortage.
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 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.
6. DISCUSSION AND BACKGROUND
On October 19, 2021, Governor Newsom proclaimed a state of emergency due to the extreme drought conditions. To comply with the State regulations, the City Council adopted Ordinance 16-21 updating Chapter 7.02 of the Municipal Code. Chapter 7.02 outlines the permanent water conservation requirements and procedures for determination of water supply shortage and level implementation.
On March 28, 2022, Governor Newsom issued Executive Order N-7-22 directing the SWRCB to adopt regulations requiring all water agencies to implement Level 2 water supply shortage.
Additionally, Executive Order N-7-22 prohibited the use of potable water for the irrigation of non- functional turf at commercial, industrial, and institutional sites. To comply with Governor Newsom’s water conservation mandate, the City Council approved Resolution No. 11392 declaring a Level 2 City of Orange Printed on 4/20/2023Page 1 of 2
powered by Legistar™
397
Item #: 3.23. 4/25/2023 File #: 23-0286
Water Supply Shortage as outlined in the WSCP.
Because of the significant precipitation that California has received this year and the continuing water conservation efforts, the water supply shortage conditions no longer exist. The Governor’slatest Executive Order, N-5-23, on March 24, 2023, recognized the change in water supply conditions and removed the requirement that water agencies be at Level 2 of their WSCP. Therefore, staff recommends the City’s WSCP Level be reduced from Level 2 to Level 0 effective May 1, 2023.
If the water supply conditions change or if the Governor implements new mandatory conservation goals, staff will return to City Council with appropriate recommendations to meet the requirements.
7. ATTACHMENTS
· Resolution No. 11451
· Executive Order N-5-23
City of Orange Printed on 4/20/2023Page 2 of 2
powered by Legistar™
398
RESOLUTION NO. 11451
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY O F ORANGE RESCINDING
RESOLUTION NO. 11392 REGARDING A
LEVEL 2 WATER SUPPLY SHORTAGE.
WHEREAS, the adoption and enforcement of a water conservation and supply shortage program is necessary to manage the City’s potable water supply in the short and long -term to avoid, or minimize the effects of drought and shortage within the City; and
WHEREAS, such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare of the City; and
WHEREAS, the City Council has previously adopted Ordinance 16 -21 which included the adoption of Orange Municipal Code Chapter 7.02 entitled the Water Shortage Contingency Response Ordinance; and
WHEREAS, on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, Governor Gavin Newsom proclaimed States of Emergency to exist due to drought conditions in the State of California; and
WHEREAS, the City responded to the Governor’s orders by adopting Resolution No. 11392, declaring a Level 2 Water Supply Shortage; and
WHEREAS, drought conditions in the State have improved; and
WHEREAS, one of the two main sources of imported water for the southern California region has improved; and
WHEREAS, on March 24, 2023, Governor Newsom signed Executive Order No. N-5-23, removing the requirement that water agencies be at Level 2 of their Water Shortage Contingency Plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:
1. That due to improved water storage conditions, the water supply has improved and , along with a reduction in consumer demand, has ensured that sufficient water supplies will be available to meet anticipated demands.
2. That Resolution No. 1 1392 declaring a Level 2 Water Supply Shortage is rescinded effective May 1, 2023.
399
2 3. That the Permanent Restrictions as described in Ordinance 16-21 be implemented in order to achieve the necessary water conservation required by the State.
4. That the restrictions imposed by this Resolution shall be effective May 1, 2023.
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
400
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with loca l agencies and tribes; and
401
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.
2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.
3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.
4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.
402
5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.
6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3
7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.
8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.
9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:
To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
403
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
404
Agenda Item
City Council
Item #: 7.1. 4/25/2023 File #: 23-0258
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Cooperative Agreement with the City of Anaheim for planning and development of the OC River Walk Project.
2. SUMMARY
This report outlines the details of a proposed Cooperative Agreement between the City of Orange and the City of Anaheim for the OC River Walk project. The project aims to create a world-renowned destination for residents and tourists, transforming approximately two miles of the Santa Ana River Corridor between both cities.
3. RECOMMENDED ACTION
Approve agreement with the City of Anaheim for the planning and development of the OC River Walk Project and authorize the City Manager to execute the Agreement on behalf of the City and to take all actions necessary to implement and administer the Agreement.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces. e. Develop and strengthen collaborative partnerships to enhance and promote quality-of-life programs, projects, and services.
6. DISCUSSION AND BACKGROUND
The OC River Walk project site is located within the Santa Ana River corridor between Ball Road and Orangewood Avenue bridge crossings, adjacent to Angel Stadium, the Anaheim Regional Transportation Intermodal Center (ARTIC), and the Honda Center. The objective of the project is to develop a destination for travelers and residents that would rival other similar well-known waterfront areas such as the Chicago River Front Park and the San Antonio River Walk. The project is complementary to the adjacent ocVIBE project at the Honda Center and future improvements at Angel Stadium but is not part of those projects. As an important gateway to the City of Orange, the project provides a mutually beneficial opportunity for both cities, fostering collaboration and improving City of Orange Printed on 4/20/2023Page 1 of 2
powered by Legistar™
405
Item #: 7.1. 4/25/2023 File #: 23-0258
the delivery of services to residents of both Anaheim and Orange.
The City of Orange has been working with the City of Anaheim as they have developed the scope of the project. A preliminary engineering study, of which Orange was a participant, was completed in November 2021. Since that time, Anaheim has further refined the concept for the project which includes significant riverbank improvements along the Santa Ana River for both flood control and recreational and entertainment uses, upgrades to existing bike and pedestrian facilities, landscaping and habitat restoration improvements, and the creation of a significant water feature through the use of water impoundments within the Santa Ana River to act as additional groundwater recharge facilities and to provide an opportunity for safe public engagement with the river. The project also proposes the construction of a new bike/pedestrian bridge that would further connect OC River Walk, ocVIBE, the Stadium Promenade and the Cities of Anaheim and Orange.
The entirety of the OC River Walk project proposes a series of improvements along the Santa Ana River between Orangewood Avenue and Ball Road. Many, if not most, of these improvements are in the City of Anaheim and within the Santa Ana River, both in Anaheim and Orange. This project benefits the City of Orange with focus on the potential improvements from Katella Avenue, north along the eastern bank of the River. This area is an important gateway to the City of Orange and the creation of these public spaces and amenities are viewed as an opportunity to further economic development along the Katella Corridor and within the Stadium Promenade.
The proposed Agreement does not currently have any fiscal impact. Anaheim continues to take the lead on project development including design, permitting, and implementation. City staff will provide support by reviewing project studies, designs, engineering, and environmental reports, as well as assist with necessary regulatory permits and agency approvals, as needed. The agreement also allows for the City of Orange to develop Orange specific improvements as part of the overall project and to cooperate and solicit unique funding for those improvements. As Anaheim has completed engineering and concept design for the project, our staff will have the opportunity to also work with them to solicit additional funding opportunities, including federal and state grants, to support the project.
The OC River Walk project has the potential to become a landmark project, creating a world- renowned destination. The project will provide numerous public benefits that will build upon the many public and private improvements in the surrounding area to benefit this important gateway to the City of Orange.
7. ATTACHMENTS
· Cooperative Agreement
City of Orange Printed on 4/20/2023Page 2 of 2
powered by Legistar™
406
Agenda Item
City Council
Item #: 7.1. 4/25/2023 File #: 23-0258
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Cooperative Agreement with the City of Anaheim for planning and development of the OC River Walk Project.
2. SUMMARY
This report outlines the details of a proposed Cooperative Agreement between the City of Orange and the City of Anaheim for the OC River Walk project. The project aims to create a world-renowned destination for residents and tourists, transforming approximately two miles of the Santa Ana River Corridor between both cities.
3. RECOMMENDED ACTION
Approve agreement with the City of Anaheim for the planning and development of the OC River Walk Project and authorize the City Manager to execute the Agreement on behalf of the City and to take all actions necessary to implement and administer the Agreement.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces. e. Develop and strengthen collaborative partnerships to enhance and promote quality-of-life programs, projects, and services.
6. DISCUSSION AND BACKGROUND
The OC River Walk project site is located within the Santa Ana River corridor between Ball Road and Orangewood Avenue bridge crossings, adjacent to Angel Stadium, the Anaheim Regional Transportation Intermodal Center (ARTIC), and the Honda Center. The objective of the project is to develop a destination for travelers and residents that would rival other similar well-known waterfront areas such as the Chicago River Front Park and the San Antonio River Walk. The project is complementary to the adjacent ocVIBE project at the Honda Center and future improvements at Angel Stadium but is not part of those projects. As an important gateway to the City of Orange, the project provides a mutually beneficial opportunity for both cities, fostering collaboration and improving City of Orange Printed on 4/20/2023Page 1 of 2
powered by Legistar™
407
Item #: 7.1. 4/25/2023 File #: 23-0258
the delivery of services to residents of both Anaheim and Orange.
The City of Orange has been working with the City of Anaheim as they have developed the scope of the project. A preliminary engineering study, of which Orange was a participant, was completed in November 2021. Since that time, Anaheim has further refined the concept for the project which includes significant riverbank improvements along the Santa Ana River for both flood control and recreational and entertainment uses, upgrades to existing bike and pedestrian facilities, landscaping and habitat restoration improvements, and the creation of a significant water feature through the use of water impoundments within the Santa Ana River to act as additional groundwater recharge facilities and to provide an opportunity for safe public engagement with the river. The project also proposes the construction of a new bike/pedestrian bridge that would further connect OC River Walk, ocVIBE, the Stadium Promenade and the Cities of Anaheim and Orange.
The entirety of the OC River Walk project proposes a series of improvements along the Santa Ana River between Orangewood Avenue and Ball Road. Many, if not most, of these improvements are in the City of Anaheim and within the Santa Ana River, both in Anaheim and Orange. This project benefits the City of Orange with focus on the potential improvements from Katella Avenue, north along the eastern bank of the River. This area is an important gateway to the City of Orange and the creation of these public spaces and amenities are viewed as an opportunity to further economic development along the Katella Corridor and within the Stadium Promenade.
The proposed Agreement does not currently have any fiscal impact. Anaheim continues to take the lead on project development including design, permitting, and implementation. City staff will provide support by reviewing project studies, designs, engineering, and environmental reports, as well as assist with necessary regulatory permits and agency approvals, as needed. The agreement also allows for the City of Orange to develop Orange specific improvements as part of the overall project and to cooperate and solicit unique funding for those improvements. As Anaheim has completed engineering and concept design for the project, our staff will have the opportunity to also work with them to solicit additional funding opportunities, including federal and state grants, to support the project.
The OC River Walk project has the potential to become a landmark project, creating a world- renowned destination. The project will provide numerous public benefits that will build upon the many public and private improvements in the surrounding area to benefit this important gateway to the City of Orange.
7. ATTACHMENTS
· Cooperative Agreement
City of Orange Printed on 4/20/2023Page 2 of 2
powered by Legistar™
408
COOPERATIVE AGREEMENT
By and Between
CITY OF ANAHEIM
And
CITY OF ORANGE
For
THE OC RIVER WALK
This Cooperative Agreement (“Agreement”), is made and entered into this ______ day of _______________ 2023 (“Effective Date ”), by and between the CITY OF ANAHEIM (“ANAHEIM”), a municipal corporation in the State of California , the CITY OF ORANGE , (“ORANGE”), a municipal corporation in the State of California, (hereinafter the aforementioned parties are sometimes referred to collectively as the ‘PARTNERS’ or “Parties”, and individually as a “PARTNER” or “Party”).
RECITALS
WHEREAS, ANAHEIM is proposing to develop the OC River Walk Corridor ( “CORRIDOR”) (see Exhibit A) by collaborating with various local agencies on projects to enhance an area in, on and along the Santa Ana River (“River”) generally between Ball Road and Orangewood Avenue, to provide multiple, critical benefits to residents and vis itors with water supply, flood control, ground water recharge, habitat, active transportation, and recreational improvements; and
WHEREAS, the CORRIDOR is situated primarily within the jurisdictional boundaries of ORANGE, with the remaining within the jurisdictional boundaries of ANAHEIM ; and the proposed CORRIDOR public improvements are anticipated to be installed on land owned by either ANAHEIM, Orange County Flood Control District (“ OCFCD”), Orange County Transportation Authority (“OCTA”), or Orange County Water District (“OCWD”); and
WHEREAS, the PARTNERS wish to collaborate on development of the CORRIDOR public improvements in order for the CORRIDOR to serve the respective interests of the PARTNERS and the public ; therefore, the PARTNERS intend this Agreement to stren gthen the working relationship between the PARTNERS to facilitate the development and implementation of viable projects that will benefit the CORRIDOR region; and
WHEREAS, ANAHEIM has completed the OC River Walk Engineering Feasibility Study (“Study”) that includes a detailed investigation and analysis of 17 unique opportunities in the CORRIDOR. The study includes detailed investigation of available records, including wet and dry utilities, land ownership, right of way, easements, adjacent developments, in frastructure improvement plans, and pedestrian/bike/transit plans and programs. This Study identified the environmental and regulatory permitting process that would be required for the different opportunities identified in the Study, and completed a preliminary hydraulic model; and
409
WHEREAS, ANAHEIM has submitted to OCFCD a conceptual review for portions of the CORRIDOR concerning OCFCD land or facilities via Orange County Public Works permit number FE21-0142 ; and
WHEREAS, the PARTNERS intend in this Agreement to acknowledge that the primary purpose of the CORRIDOR is to provide flood control and protection in accordance with the Orange County Flood Control Act set forth in California uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. Sections 36 -1 et seq, also referred to as Chapter 723 of the State of California Statutes of 1927, as amended , and to replenish the Orange County Groundwater Aquifer, while improving connectivity, recreation, aesthetics, and eco logy of the CORRIDOR; and
WHEREAS, the PARTNERS will coordinate the design of potential projects within the CORRIDOR in good faith to attain common goals while maintaining OCWD and OCFCD’s ability to maintain and operate the river and otherwise fulfill t heir respective obligations within the CORRIDOR; and
WHEREAS, the PARTNERS agree that similar agreements will be required with OCWD, OCFCD, and the County; and
WHEREAS, PARTNERS wish to enter into this Cooperative Agreement as a basis for future planning and development of the CORRIDOR.
AGREEMENT
NOW, THEREFORE, the above recitals are fully incorporated herein by this reference as though set forth fully herein, and in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the PARTNERS agree as follows:
I. DEFINITIONS
For the purposes of this Agreement, the following words are defined as follows, unless otherwise apparent from context:
A. PARTNERS’ Authorized Representatives shall mean the following representatives, or their designee(s), authorized to perform actions required to implement the Agreement on behalf of said PARTNER and shall serve as the Authorized Representative for said PARTNER for all purposes related to this Agreement. Whenever reference is made herein to an action or approval to be undertaken by a PARTNER, the Authorized Representative shall be authorized to act on behalf of its respective PARTNER unless specifically provided otherwise or the context requires otherwise. Any determination of change which if implemented may materially alter the terms and legal or financial o bligations of the PARTNER shall require an amendment of this Agreement approved in writing by each PARTNERS’ board, council, or governing body. The Authorized Representatives shall have authority to send invoices, make and receive payments, and perform all other 410
activities required to satisfy the financial responsibilities of their respective PARTNER in accordance with the terms herein. Each PARTNERS’ Authorized Representative shall acknowledge that the Projects are to be made possible by virtue of certain grants and agrees to make reasonable efforts in good faith to assist and cooperate with ANAHEIM as administrator of grant funding for the PROJECTS for the PARTNERS to remain in full compliance with the terms of any such grant funding.
1) The authorized representative for ANAHEIM shall be the Director of Community Services or authorized designee.
2) The authorized representative for ORANGE shall be the Director of Public Works or authorized designee.
B. PROJECTS shall collectively mean the following four high priority elements (from a total of 17 identified opportunities) of the River Walk Corridor Project contemplated in the OC River Walk Engineering Feasibility Study:
1) River Impoundments (Two) – Installation of two River water impoundment structures to create semi-permanent water bodies in the Santa Ana River; 2) Reconfiguration of embankments north and south of Katella Avenue; 3) Multimodal Bridge North of Katella Avenue that will more safely connect pedestrians, bicycles, and equestrians to the Santa Ana River Trail; and 4) Trail Extension/Connections to the existing Anaheim Coves.
C. Project Engineer shall mean that firm or individual designated by ANAHEIM as Project Engineer to perform all tasks necessary to prepare and sign CORRIDOR construction plans, specifications, cost estimates, and secure regulatory permits in accordance with all applicable criteria from PARTNERS, and to execute and deliver all documents for implementation of the PROJECTS.
II. PARTNER ROLES & RESPONSIBILITIES
A. ANAHEIM shall:
1) Procure, manage and oversee the Architect & Engineers to design for the CORRIDOR PROJECTS and the Project Engineer for implementation of the PROJECTS;
2) Be responsible for bidding, awarding, and administering the construction contract(s) of the PROJECTS in accordance with the terms of this Agreement and shall require and ensure that the contractors, prior to commencement of construction, furnish a faithful performance bond, payment bond, and warranty bond in an amount equal to the estimated construction cost of the proposed CORRIDOR improvements (including labor and materials) and to perform contract obligations. Each bond shall name the PARTNERS as beneficiaries and shall grant each PARTNER’s Authorized Representative the right to enforce the bond to complete said improvements in compliance with all construction obligations 411
including but not limited to those for warranties. ANAHEIM and the PARTNERS’ Authorized Representative agree to not release any c ontractor from its bond(s) without the first obtaining mutual written approval by the PARTNERS’ Authorized Representatives.
3) Ensure CORRIDOR improvements , installations and/or construction shall be in accordance with PROJECTS’ plans that have been approved in writing by the respective PARTNER ’s A uthorized Representative and agree that each CORRIDOR improvement or feature shall have been duly approved by the PARTNER. Acceptance of future ownership of facilities with O/M obligations shall be specifically addressed on a project specific basis in subsequent agreements; 4) Furnish to the PARTNERS the Study and coordinate with the community to ensure community concerns are addressed in a manner acceptable to the PARTNERS for implementation of the PROJECTS;
5) Prepare the necessary environmental documents and secure all necessary resource agency permits for the PROJECTS and provide environmental review and analysis, and serve as the Lead Agency for the PROJECTS under the California Environmental Quality Act (CEQA)
6) Submit applications and obtain all necessary regulatory permits and resource agency approvals as may be legally required for PROJECTS prior to the respective CORRIDOR improvement being accepted by its respective owner and/or operator; 7) Acquire necessary rights of way needed for implementation of the d esign, construction and post -construction operations of the PROJECTS and the CORRIDOR improvements;
8) Apply for and manage grant funding for the PROJECTS and the CORRIDOR improvements; and,
9) Accept responsibility as owner and operator of public infrastructure and recreational features within the boundaries of ANAHEIM that lie outside of the River, unless otherwise specified in writing as accepted by another PARTNER.
B. ORANGE shall:
1) Review the Study, design, engineering and environmental re ports for the PROJECTS and CORRIDOR improvements within the boundaries of ORANGE and accept responsibility as owner and operator of public infrastructure and recreational features installed in accordance with plans approved by ORANGE that lie outside of the River, unless otherwise specified in writing 2) Review all necessary regulatory permits and resource agency approvals as may be legally required for PROJECTS within the boundaries of ORANGE; 3) Support ANAHEIM’s applications for grant funding for the PROJECTS and the CORRIDOR improvements.
412
III. INDEMNIFICATION
In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability, should it arise, jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, each PARTNER, pursuant to the authorization contained in Sections 895.4 and 895.6 of the Government Code, hereby agree s to and shall indemnify and hold harmless the other PARTNERS as provided in this Section.
To the fullest extent permitted by law, each PARTNER shall assume the defense of, indemnify and hold harmless the other PARTNERS, and each of their elected or appointed officers, employees, officials, volunteers, and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the PROJECTS or implementation of t his Agreement, including claims or liability associated with that PARTNER’S responsibilities herein, including but not limited to, environmental compliance, design, construction, replacement, use, operation, maintenance, and/ or repair, o f the segment of facilities impacted by the PROJECTS, or resulting from said PARTNER’S breach of its obligations under the Agreement, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from or relate to the willful misconduct or negligent acts of the indemnified PARTNER, or result from such PARTNER’S breach of its obligation(s) under the Agreement. If judgment is entered against all the P ARTNERS by a court of competent jurisdiction because of the concurrent acti ve negligence or improper acts of one or more Parties, the PARTNERS agree that liability will be apportioned as determined by the court.
No PARTNER shall request a jury apportionment.
IV. HAZARDOUS MATERIAL
“HM-1” is defined as hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law existing prior to the PROJECTS and not disturbed by the PROJECTS. “HM-2” is defined as hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECTS or as a result of the P ROJECTS. “HM Management Activities” is defined as management activities related to either HM -1 or HM-2 includin g, without limitation, any necessary manifest requirements, clean -up and disposal facility designations.
If HM -1 or HM -2 is found during implementation of the PROJECTS , ANAHEIM will immediately notify the P ARTNER’S Authorized Representatives . The P ARTNERS are responsible for any HM-1 found within property they own to the extent provided by applicable law, and entry into this Agreement shall not cause that liability to be assumed by or transferred to any other PARTNER. If HM-1 is discovered, the PARTNER’S Authorized Representatives will meet to determine the most cost -effective solution to deal with the HM -1 including, but not limited to, changes to the PROJECTS. Unless otherwise mutually agreed by the PARTNER’S Authorized Representatives, other PARTNERS shall not be responsible for the cost of HM Management Activities related to HM-1 on another PARTNER’s property, if any. 413
If HM -2 is found within the CORRIDOR due to the PROJECTS , ANAHEIM will be responsible for HM Management Activities related to HM-2. HM-2 related HM Management Activities during construction shall be paid as construction costs for that respective portion of the PROJECTS. HM-2 related HM Management Activities after construction shall be paid by the respective owner and/or operator of the CORRIDOR improvement or feature in accordance with the terms herein.
V. FACILITATION AND IMPLEMENTATION
1) Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Part y’s interest in this Agreement shall be made without the written consent of the PARTNERS.
2) Entirety & Amendments . This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; and no oral understanding or agreement not incorporated herein shall be binding on either of the Parties.
3) Severability. If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
4) Governing Law & Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of c ompetent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
5) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.
6) Termination. In the event any PARTNER defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the non -breaching PARTNERS shall have the option to terminate this Agreement, in whole or in part, upon thirty (30) days’ prior written notice to the breaching Party. In the event the breaching PARTNER cures such default within such thirty (30) day period, PARTNERS election to terminate shall be deemed revoked and of no further force and effect as to that particular default.
7) Consent to Breach Not Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver 414
of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
IN WITNESS WHEREOF, each PARTNER has caused this Agreement to be executed by its respective authority and attested by its re spective Clerk on the dates written opposite their signatures, all thereunto duly authorized by their authority respectively.
Date: __________________________
Attest:
City Clerk
By: ________________________________
Theresa Bass, City Clerk
CITY OF ANAHEIM,
a municipal corporation
By: _______________________________
Sjany Larson-Cash, Director of
Community Services
Approve as to Form:
ANAHEIM CITY ATTORNEY
By: _______________________________
Bryn M. Morley, Deputy City Attorney
147933
415
Date: __________________________
Attest:
City Clerk
By: ___________________________
CITY OF ORANGE,
a political subdivision of the State of
California
By: _______________________________
Mayor of the City of Orange
Approved as to Form:
City Attorney
By: _______________________________
416
Exhibit A
417