Agenda packet — Orange City Council, May 9, 2023 (part 2 of 2)

142

BOOK VALUE RECONCILIATION

BEGINNING BOOK VALUE
$80,575,362.47
Acquisition
+ Security Purchases
$10,418,461.86
+ Money Market Fund Purchases
$68,309.53
+ Money Market Contributions
$10,000,000.00
+ Security Contributions
$0.00
+ Security Transfers
$0.00
Total Acquisitions
$20,486,771.39
Dispositions
- Security Sales
$0.00
- Money Market Fund Sales
$10,450,727.12
- MMF Withdrawals
$5,530.09
- Security Withdrawals
$0.00
- Security Transfers
$0.00
- Other Dispositions
$0.00
- Maturities
$0.00
- Calls
$0.00
- Principal Paydowns
$0.00
Total Dispositions
$10,456,257.21
Amortization/Accretion
+/- Net Accretion
$1,262.54
$1,262.54
Gain/Loss on Dispositions
+/- Realized Gain/Loss
$0.00
$0.00

ENDING BOOK VALUE
$90,607,139.19

CASH TRANSACTION SUMMARY

BEGINNING BALANCE
$436,530.62
Acquisition
Contributions
$10,000,000.00
Security Sale Proceeds
$0.00
Accrued Interest Received
$0.00
Interest Received
$67,483.80
Dividend Received
$825.73
Principal on Maturities
$0.00
Interest on Maturities
$0.00
Calls/Redemption (Principal)
$0.00
Interest from Calls/Redemption
$0.00
Principal Paydown
$0.00
Total Acquisitions
$10,068,309.53
Dispositions
Withdrawals
$5,530.09
Security Purchase
$10,418,461.86
Accrued Interest Paid
$32,265.26
Total Dispositions
$10,456,257.21

ENDING BOOK VALUE
$48,582.94
Reconciliation Summary
As of March 31, 2023
City of Orange
Account #10888
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 2 ends

143
Holdings Report
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Par Value/Units
Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
05593AAC3
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025
100,000.00
02/07/2023

5.22%
99,997.62
99,997.76
100.29

5.02%
100,291.50

86.00 0.12%
293.74
Aaa / AAA
NR

2.66 1.51
43815JAC7
Honda Auto Receivables Owner
2023-1

A
3 5.04%
Due
4/21/2027
210,000.00
02/16/2023

5.10%
209,960.98
209,962.20
100.69

4.78%
211,440.18
294.00

0.25%
1,477.98
Aaa / NR
AAA

4.06 2.19
92348KAA1
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027
220,000.00
10/21/2022

4.28%
204,668.75
207,521.92

95.06 3.88%
209,139.04

33.61 0.24%
1,617.12
Aaa / AAA
AAA

4.14 1.49
47800CAC0
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
395,000.00
02/22/2023

5.07%
394,928.03
394,929.29
101.06

4.61%
399,173.22
1,594.15

0.47%
4,243.93
Aaa / NR
AAA

4.63 2.30
Total ABS
925,000.00

4.91%
909,555.38
912,411.17

4.53%
920,043.94
2,007.76

1.07%
7,632.77
Aaa / AAA
AAA

4.17 2.01
AGENCY
3135GABN0
FNMA Callable Note Qtrly
12/29/2021

0.28%
Due
12/29/2023
2,150,000.00
12/29/2020

0.28%
2,150,000.00
2,150,000.00

96.66 4.90%
2,078,174.95
1,538.44

2.41%
(
71,825.05
)
Aaa / AA+
AAA

0.75 0.73
3130ALLM4
FHLB Callable Note Qtrly
6/28/2021

0.35%
Due
3/28/2024
5,000,000.00
03/29/2021

0.37%
4,997,000.00
4,999,008.22

95.71 4.83%
4,785,535.00
145.83

5.56%
(
213,473.22
)
Aaa / AA+
NR

0.99 0.97
3134GWXC5
FHLMC Callable Note Qtrly
9/29/2021

0.35%
Due
3/29/2024
5,000,000.00
12/10/2020

0.35%
5,000,000.00
5,000,000.00

95.70 4.83%
4,785,050.00

97.22 5.56%
(
214,950.00
)
Aaa / NR
AAA

1.00 0.97
3135GA4S7
FNMA Callable Note Qtrly
11/17/2022

0.375%
Due
5/17/2024
5,000,000.00
11/20/2020

0.38%
5,000,000.00
5,000,000.00

95.26 4.75%
4,762,755.00
6,979.17

5.54%
(
237,245.00
)
Aaa / AA+
AAA

1.13 1.10
3135GA5Y3
FNMA Callable Note Qtrly
12/14/2021

0.375%
Due
6/14/2024
4,375,000.00
12/14/2020

0.38%
4,375,000.00
4,375,000.00

94.96 4.73%
4,154,508.75
4,876.30

4.83%
(
220,491.25
)
Aaa / AA+
AAA

1.21 1.17
3134GWVE3
FHLMC Callable Note Qtrly
3/25/2021

0.4%
Due
9/25/2024
4,575,000.00
11/19/2020

0.41%
4,573,627.50
4,574,469.94

94.14 4.53%
4,306,840.95
305.00

5.00%
(
267,628.99
)
Aaa / NR
AAA

1.49 1.45
3135GA4W8
FNMA Callable Note Qtrly
11/18/2022

0.5%
Due
2/18/2025
5,000,000.00
11/20/2020

0.50%
5,000,000.00
5,000,000.00

93.08 4.37%
4,654,190.00
2,986.11

5.41%
(
345,810.00
)
Aaa / AA+
AAA

1.89 1.83
3130ANA42
FHLB Callable Note Qtrly
1/28/2022

0.65%
Due
4/28/2025
4,000,000.00
07/28/2021

0.65%
4,000,000.00
4,000,000.00

92.97 4.22%
3,718,640.00
4,550.00

4.32%
(
281,360.00
)
Aaa / AA+
NR

2.08 2.02
3130AMBG6
FHLB Callable Note Qtrly
7/29/2021

0.75%
Due
4/29/2025
5,000,000.00
05/04/2021

0.75%
5,000,000.00
5,000,000.00

93.15 4.23%
4,657,670.00
15,833.33

5.43%
(
342,330.00
)
Aaa / AA+
NR

2.08 2.02
3134GW3Z7
FHLMC Callable Note Qtrly
10/28/2021

0.6%
Due
10/28/2025
9,000,000.00
10/28/2020

0.60%
9,000,000.00
9,000,000.00

91.64 4.05%
8,247,789.00
22,950.00

9.60%
(
752,211.00
)
Aaa / NR
AAA

2.58 2.50
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 3 ends

144
Holdings Report
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Par Value/Units
Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3133EPCF0
Federal Farm Credit Bank Note

4.5%
Due
3/2/2026
2,000,000.00
03/27/2023

4.01%
2,026,680.00
2,026,580.26
101.20

4.06%
2,024,016.00
7,250.00

2.36%
(
2,564.26
)
Aaa / AA+
AAA

2.92 2.71
3130ANDF4
FHLB Callable Note Annual
7/29/2022

0.9%
Due
7/29/2026
5,000,000.00
07/29/2021

0.90%
5,010,000.00
5,000,000.00

90.29 4.05%
4,514,455.00
7,750.00

5.25%
(
485,545.00
)
Aaa / AA+
NR

3.33 3.21
3133EPDJ1
Federal Farm Credit Bank Note

4.375%
Due
9/15/2027
2,000,000.00
03/27/2023

3.81%
2,045,720.00
2,045,607.94
102.30

3.81%
2,046,058.00
3,888.89

2.38%
450.06
Aaa / AA+
AAA

4.46 4.02
3130ATS57
FHLB Note

4.5%
Due
3/10/2028
2,000,000.00
03/27/2023

3.82%
2,060,420.00
2,060,286.40
103.16

3.79%
2,063,282.00
5,250.00

2.40%
2,995.60
Aaa / AA+
AAA

4.95 4.40
Total Agency
60,100,000.00

0.87%
60,238,447.50
60,230,952.76

4.39%
56,798,964.65
84,400.29

66.04%
(
3,431,988.11
)
Aaa / AA+
AAA

2.04 1.95

CORPORATE
69371RR81
Paccar Financial Corp Note

3.15%
Due
6/13/2024
895,000.00
06/06/2022

3.16%
894,794.15
894,876.38

98.02 4.86%
877,292.43
8,457.75

1.03%
(
17,583.95
)
A
1 / A+
NR

1.21 1.15
40434CAD7
HSBC USA Inc Note

3.5%
Due
6/23/2024
3,000,000.00
12/10/2019

2.14%
3,174,900.00
3,047,392.94

97.38 5.74%
2,921,295.00
28,583.33

3.42%
(
126,097.94
)
A
1 / A-
A+

1.23 1.17
191216CL2
Coca Cola Company Callable Note Cont
8/6/2024

1.75%
Due
9/6/2024
3,000,000.00
09/20/2019

2.00%
2,964,750.00
2,989,811.91

97.14 3.82%
2,914,338.00
3,645.83

3.39%
(
75,473.91
)
A
1 / A+
A

1.44 1.39
14913Q3B3
Caterpillar Finl Service Note

2.15%
Due
11/8/2024
1,250,000.00
05/31/2022

2.87%
1,229,100.00
1,236,215.39

96.35 4.54%
1,204,365.00
10,675.35

1.41%
(
31,850.39
)
A
2 / A
A

1.61 1.54
06051GJR1
Bank of America Corp Callable Note
Cont
4/22/2024

0.976%
Due
4/22/2025
1,250,000.00
05/31/2022

4.26%
1,192,012.50
1,208,666.73

95.27 5.49%
1,190,926.25
5,388.33

1.39%
(
17,740.48
)
A
2 / A-
AA-

2.06 1.97
24422EWF2
John Deere Capital Corp Note

3.4%
Due
6/6/2025
280,000.00
06/01/2022

3.41%
279,935.60
279,953.17

97.98 4.38%
274,356.32
3,041.11

0.32%
(
5,596.85
)
A
2 / A
A+

2.19 2.05
06406RBF3
Bank of NY Mellon Corp Callable Note
Cont
6/13/2024

3.43%
Due
6/13/2025
955,000.00
06/08/2022

3.43%
955,000.00
955,000.00

97.65 5.35%
932,590.93
9,826.95

1.09%
(
22,409.07
)
A
1 / A
AA-

2.21 2.05
91324PEN8
United Health Group Inc Note

5.15%
Due
10/15/2025
775,000.00
12/28/2022

4.56%
786,780.00
785,717.49
101.89

4.36%
789,617.28
16,962.81

0.94%
3,899.79
A
3 / A+
A

2.55 2.31
89236THP3
Toyota Motor Credit Corp Note

0.8%
Due
10/16/2025
5,000,000.00
11/19/2020

0.70%
5,025,000.00
5,012,960.38

91.18 4.51%
4,559,210.00
18,333.33

5.31%
(
453,750.38
)
A
1 / A+
A+

2.55 2.45
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 4 ends

145
Holdings Report
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Par Value/Units
Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
63743HFF4
National Rural Utilities Note

5.45%
Due
10/30/2025
495,000.00
10/20/2022

5.50%
494,336.70
494,428.77
101.85

4.68%
504,142.65
11,315.56

0.60%
9,713.88
A
2 / A-
A

2.59 2.34
037833EB2
Apple Inc Callable Note Cont
1/8/2026

0.7%
Due
2/8/2026
3,000,000.00
02/08/2021

0.70%
2,999,730.00
2,999,845.63

90.98 4.08%
2,729,535.00
3,091.67

3.17%
(
270,310.63
)
Aaa / AA+
NR

2.86 2.77
713448FQ6
Pepsico Inc. Callable Note Cont
1/13/26

4.55%
Due
2/13/2026
195,000.00
02/13/2023

4.57%
194,886.90
194,891.55
101.72

3.89%
198,361.80
1,133.71

0.23%
3,470.25
A
1 / A+
NR

2.88 2.58
907818GE2
Union Pacific Corp Callable Note Cont
1/21/26

4.75%
Due
2/21/2026
470,000.00
02/13/2023

4.77%
469,689.80
469,700.84
101.19

4.29%
475,575.61
2,480.56

0.56%
5,874.77
A
3 / A-
A-

2.90 2.59
46647PBK1
JP Morgan Chase & Co Callable Note
Cont
4/22/2025

2.083%
Due
4/22/2026
1,250,000.00
05/31/2022

4.57%
1,190,825.00
1,203,451.78

93.57 5.42%
1,169,665.00
11,499.90

1.37%
(
33,786.78
)
A
1 / A-
AA-

3.06 1.95
61747YET8
Morgan Stanley Callable Note Cont
7/17/2025

4.679%
Due
7/17/2026
775,000.00
12/28/2022

5.63%
764,390.25
765,143.99

98.68 5.29%
764,787.05
7,453.91

0.90%
(
356.94
)
A
1 / A-
A+

3.30 2.13
06368LAQ9
Bank of Montreal Callable Note Cont
8/14/2027

4.7%
Due
9/14/2027
1,000,000.00
03/30/2023

4.91%
991,550.00
991,555.19

98.91 4.98%
989,056.00
2,219.44

1.15%
(
2,499.19
)
A
2 / A-
AA-

4.46 3.96
78016FZW7
Royal Bank of Canada Note

4.9%
Due
1/12/2028
1,000,000.00
03/30/2023

4.95%
997,990.00
997,991.15
100.01

4.90%
1,000,101.00
10,752.78

1.17%
2,109.85
A
1 / A
AA-

4.79 4.17
Total Corporate
24,590,000.00

2.57%
24,605,670.90
24,527,603.29

4.72%
23,495,215.32
154,862.32

27.46%
(
1,032,387.97
)
A
1 / A+
A+

2.38 2.16

MONEY MARKET FUND
31846V203
First American Govt Obligation Fund
Class Y
48,582.94
Various

4.32%
48,582.94
48,582.94

1.00 4.32%
48,582.94

0.00 0.06%

0.00 Aaa / AAA
AAA

0.00 0.00
Total Money Market Fund
48,582.94

4.32%
48,582.94
48,582.94

4.32%
48,582.94

0.00 0.06%

0.00 Aaa / AAA
AAA

0.00 0.00

US TREASURY
91282CCZ2
US Treasury Note

0.875%
Due
9/30/2026
3,000,000.00
09/30/2021

1.01%
2,980,546.88
2,986,384.95

90.56 3.78%
2,716,875.00

71.72 3.15%
(
269,509.95
)
Aaa / AA+
AAA

3.50 3.39
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 5 ends

146
Holdings Report
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Par Value/Units
Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
91282CFH9
US Treasury Note

3.125%
Due
8/31/2027
1,950,000.00
03/30/2023

3.74%
1,901,173.83
1,901,204.08

97.81 3.67%
1,907,343.75
5,298.91

2.22%
6,139.67
Aaa / AA+
AAA

4.42 4.07
Total US Treasury
4,950,000.00

2.07%
4,881,720.71
4,887,589.03

3.73%
4,624,218.75
5,370.63

5.37%
(
263,370.28
)
Aaa / AA+
AAA

3.88 3.67

TOTAL PORTFOLIO
90,613,582.94

1.43%
90,683,977.43
90,607,139.19

4.45%
85,887,025.60
246,641.00
100.00%
(
4,720,113.59
)
Aa
1 / AA
AA+

2.25 2.10

TOTAL MARKET VALUE PLUS ACCRUED
86,133,666.60
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 6 ends

147
Transaction Ledger
As of March 31, 2023
City of Orange
Account #10888
Transaction
Type
Settlement
Date
CUSIP
Quantity
Security Description
Price
Acq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount
Gain/Loss

ACQUISITIONS
Purchase
03/01/2023
31846V203
825.73
First American Govt Obligation Fund
Class Y

1.000

4.06%
825.73

0.00 825.73

0.00 Purchase
03/02/2023
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027

99.982

5.07%
394,928.03

0.00 394,928.03

0.00 Purchase
03/06/2023
31846V203
26,250.00
First American Govt Obligation Fund
Class Y

1.000

4.06%
26,250.00

0.00 26,250.00

0.00 Purchase
03/20/2023
31846V203

91.67 First American Govt Obligation Fund
Class Y

1.000

4.06%

91.67 0.00

91.67 0.00
Purchase
03/21/2023
31846V203
793.80
First American Govt Obligation Fund
Class Y

1.000

4.06%
793.80

0.00 793.80

0.00 Purchase
03/25/2023
31846V203
9,150.00
First American Govt Obligation Fund
Class Y

1.000

4.06%
9,150.00

0.00 9,150.00

0.00 Purchase
03/27/2023
31846V203
573.33
First American Govt Obligation Fund
Class Y

1.000

4.06%
573.33

0.00 573.33

0.00 Purchase
03/28/2023
3130ATS57
2,000,000.00
FHLB Note

4.5%
Due
3/10/2028
103.021

3.82%
2,060,420.00
4,500.00
2,064,920.00

0.00 Purchase
03/28/2023
3133EPCF0
2,000,000.00
Federal Farm Credit Bank Note

4.5%
Due
3/2/2026
101.334

4.01%
2,026,680.00
6,500.00
2,033,180.00

0.00 Purchase
03/28/2023
3133EPDJ1
2,000,000.00
Federal Farm Credit Bank Note

4.375%
Due
9/15/2027
102.286

3.81%
2,045,720.00
3,159.72
2,048,879.72

0.00 Purchase
03/28/2023
31846V203
8,750.00
First American Govt Obligation Fund
Class Y

1.000

4.06%
8,750.00

0.00 8,750.00

0.00 Purchase
03/29/2023
31846V203
8,750.00
First American Govt Obligation Fund
Class Y

1.000

4.06%
8,750.00

0.00 8,750.00

0.00 Purchase
03/31/2023
06368LAQ9
1,000,000.00
Bank of Montreal Callable Note Cont
8/14/2027

4.7%
Due
9/14/2027

99.155

4.91%
991,550.00
2,219.44
993,769.44

0.00 Purchase
03/31/2023
31846V203
13,125.00
First American Govt Obligation Fund
Class Y

1.000

4.32%
13,125.00

0.00 13,125.00

0.00 Purchase
03/31/2023
78016FZW7
1,000,000.00
Royal Bank of Canada Note

4.9%
Due
1/12/2028

99.799

4.95%
997,990.00
10,752.78
1,008,742.78

0.00 Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 7 ends

148
Transaction Ledger
As of March 31, 2023
City of Orange
Account #10888
Transaction
Type
Settlement
Date
CUSIP
Quantity
Security Description
Price
Acq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount
Gain/Loss

ACQUISITIONS
Purchase
03/31/2023
91282CFH9
1,950,000.00
US Treasury Note

3.125%
Due
8/31/2027

97.496

3.74%
1,901,173.83
5,133.32
1,906,307.15

0.00 Subtotal
10,413,309.53
10,486,771.39
32,265.26
10,519,036.65

0.00 Security
Contribution
03/23/2023
31846V203
10,000,000.00
First American Govt Obligation Fund
Class Y

1.000
10,000,000.00

0.00 10,000,000.00

0.00 Subtotal
10,000,000.00
10,000,000.00

0.00 10,000,000.00

0.00 Short Sale
03/02/2023
31846V203
-394,928.03
First American Govt Obligation Fund
Class Y

1.000
-394,928.03

0.00 -394,928.03

0.00 Subtotal
-394,928.03
-394,928.03

0.00 -394,928.03

0.00 TOTAL ACQUISITIONS
20,018,381.50
20,091,843.36
32,265.26
20,124,108.62

0.00 DISPOSITIONS
Closing
Purchase
03/02/2023
31846V203
-394,928.03
First American Govt Obligation Fund
Class Y

1.000
-394,928.03

0.00 -394,928.03

0.00 Subtotal
-394,928.03
-394,928.03

0.00 -394,928.03

0.00 Sale
03/02/2023
31846V203
394,928.03
First American Govt Obligation Fund
Class Y

1.000

4.06%
394,928.03

0.00 394,928.03

0.00 Sale
03/28/2023
31846V203
6,146,979.72
First American Govt Obligation Fund
Class Y

1.000

4.06%
6,146,979.72

0.00 6,146,979.72

0.00 Sale
03/31/2023
31846V203
3,908,819.37
First American Govt Obligation Fund
Class Y

1.000

4.32%
3,908,819.37

0.00 3,908,819.37

0.00 Subtotal
10,450,727.12
10,450,727.12

0.00 10,450,727.12

0.00 Paydown
03/20/2023
92348KAA1

0.00 Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027
100.000

0.00 91.67

91.67 0.00
Paydown
03/21/2023
43815JAC7

0.00 Honda Auto Receivables Owner
2023-1

A
3 5.04%
Due
4/21/2027
100.000

0.00 793.80
793.80

0.00 Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 8 ends

149
Transaction Ledger
As of March 31, 2023
City of Orange
Account #10888
Transaction
Type
Settlement
Date
CUSIP
Quantity
Security Description
Price
Acq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount
Gain/Loss

DISPOSITIONS
Paydown
03/27/2023
05593AAC3

0.00 BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025
100.000

0.00 573.33
573.33

0.00 Subtotal

0.00 0.00
1,458.80
1,458.80

0.00 Security
Withdrawal
03/06/2023
31846V203
5,011.20
First American Govt Obligation Fund
Class Y

1.000
5,011.20

0.00 5,011.20

0.00 Security
Withdrawal
03/27/2023
31846V203
518.89
First American Govt Obligation Fund
Class Y

1.000
518.89

0.00 518.89

0.00 Subtotal
5,530.09
5,530.09

0.00 5,530.09

0.00 TOTAL DISPOSITIONS
10,061,329.18
10,061,329.18
1,458.80
10,062,787.98

0.00 OTHER TRANSACTIONS
Interest
03/06/2023
191216CL2
3,000,000.00
Coca Cola Company Callable Note Cont
8/6/2024

1.75%
Due
9/6/2024

0.000
26,250.00

0.00 26,250.00

0.00 Interest
03/25/2023
3134GWVE3
4,575,000.00
FHLMC Callable Note Qtrly
3/25/2021

0.4%
Due
9/25/2024

0.000
9,150.00

0.00 9,150.00

0.00 Interest
03/28/2023
3130ALLM4
5,000,000.00
FHLB Callable Note Qtrly
6/28/2021

0.35%
Due
3/28/2024

0.000
8,750.00

0.00 8,750.00

0.00 Interest
03/29/2023
3134GWXC5
5,000,000.00
FHLMC Callable Note Qtrly
9/29/2021

0.35%
Due
3/29/2024

0.000
8,750.00

0.00 8,750.00

0.00 Interest
03/31/2023
91282CCZ2
3,000,000.00
US Treasury Note

0.875%
Due
9/30/2026

0.000
13,125.00

0.00 13,125.00

0.00 Subtotal
20,575,000.00
66,025.00

0.00 66,025.00

0.00 Dividend
03/01/2023
31846V203
41,602.59
First American Govt Obligation Fund
Class Y

0.000
825.73

0.00 825.73

0.00 Subtotal
41,602.59
825.73

0.00 825.73

0.00 TOTAL OTHER TRANSACTIONS
20,616,602.59
66,850.73

0.00 66,850.73

0.00 Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 9 ends

150
Income Earned
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income

FIXED INCOME
037833EB2
Apple Inc
Callable Note Cont
1/8/2026

0.7%
Due
02/08/2026
02/08/2021
02/08/2021
3,000,000.00
2,999,841.05

0.00 0.00
2,999,845.63
1,341.67

0.00 3,091.67
1,750.00

4.58 0.00

4.58 1,754.58
1,754.58
05593AAC3
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025
02/07/2023
02/15/2023
100,000.00
99,997.66

0.00 0.00
99,997.76
229.33
573.33

86.00 430.00

0.10 0.00

0.10 430.10
430.10
06051GJR1
Bank of America Corp
Callable Note Cont
4/22/2024

0.976%
Due
04/22/2025
05/31/2022
06/02/2022
1,250,000.00
1,206,962.83

0.00 0.00
1,208,666.73
4,371.67

0.00 5,388.33
1,016.66
1,703.90

0.00 1,703.90
2,720.56
2,720.56
06368LAQ9
Bank of Montreal
Callable Note Cont
8/14/2027

4.7%
Due
09/14/2027
03/30/2023
03/31/2023
1,000,000.00

0.00 991,550.00

0.00 991,555.19

0.00 (
2,219.44
)
2,219.44

0.00 5.19

5.19 5.19
06406RBF3
Bank of NY Mellon Corp
Callable Note Cont
6/13/2024

3.43%
Due
06/13/2025
06/08/2022
06/13/2022
955,000.00
955,000.00

0.00 0.00
955,000.00
7,097.24

0.00 9,826.95
2,729.71

0.00 0.00

0.00 2,729.71
2,729.71
14913Q3B3
Caterpillar Finl Service
Note

2.15%
Due
11/08/2024
05/31/2022
06/02/2022
1,250,000.00
1,235,487.42

0.00 0.00
1,236,215.39
8,435.76

0.00 10,675.35
2,239.59
727.97

0.00 727.97
2,967.56
2,967.56
191216CL2
Coca Cola Company
Callable Note Cont
8/6/2024

1.75%
Due
09/06/2024
09/20/2019
09/20/2019
3,000,000.00
2,989,209.18

0.00 0.00
2,989,811.91
25,520.83
26,250.00
3,645.83
4,375.00
602.73

0.00 602.73
4,977.73
4,977.73
24422EWF2
John Deere Capital Corp
Note

3.4%
Due
06/06/2025
06/01/2022
06/06/2022
280,000.00
279,951.35

0.00 0.00
279,953.17
2,247.78

0.00 3,041.11
793.33

1.82 0.00

1.82 795.15
795.15
3130ALLM4
FHLB
Callable Note Qtrly
6/28/2021

0.35%
Due
03/28/2024
03/29/2021
03/29/2021
5,000,000.00
4,998,923.29

0.00 0.00
4,999,008.22
7,437.50
8,750.00
145.83
1,458.33

84.93 0.00

84.93 1,543.26
1,543.26
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 10 ends

151
Income Earned
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3130AMBG6
FHLB
Callable Note Qtrly
7/29/2021

0.75%
Due
04/29/2025
05/04/2021
05/04/2021
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
12,708.33

0.00 15,833.33
3,125.00

0.00 0.00

0.00 3,125.00
3,125.00
3130ANA42
FHLB
Callable Note Qtrly
1/28/2022

0.65%
Due
04/28/2025
07/28/2021
07/28/2021
4,000,000.00
4,000,000.00

0.00 0.00
4,000,000.00
2,383.33

0.00 4,550.00
2,166.67

0.00 0.00

0.00 2,166.67
2,166.67
3130ANDF4
FHLB
Callable Note Annual
7/29/2022

0.9%
Due
07/29/2026
07/29/2021
07/29/2021
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
4,000.00

0.00 7,750.00
3,750.00

0.00 0.00

0.00 3,750.00
3,750.00
3130ATS57
FHLB
Note

4.5%
Due
03/10/2028
03/27/2023
03/28/2023
2,000,000.00

0.00 2,060,420.00

0.00 2,060,286.40

0.00 (
4,500.00
)
5,250.00
750.00

0.00 133.60
(
133.60
)
616.40
616.40
3133EPCF0
Federal Farm Credit Bank
Note

4.5%
Due
03/02/2026
03/27/2023
03/28/2023
2,000,000.00

0.00 2,026,680.00

0.00 2,026,580.26

0.00 (
6,500.00
)
7,250.00
750.00

0.00 99.74
(

99.74 )
650.26
650.26
3133EPDJ1
Federal Farm Credit Bank
Note

4.375%
Due
09/15/2027
03/27/2023
03/28/2023
2,000,000.00

0.00 2,045,720.00

0.00 2,045,607.94

0.00 (
3,159.72
)
3,888.89
729.17

0.00 112.06
(
112.06
)
617.11
617.11
3134GW3Z7
FHLMC
Callable Note Qtrly
10/28/2021

0.6%
Due
10/28/2025
10/28/2020
10/28/2020
9,000,000.00
9,000,000.00

0.00 0.00
9,000,000.00
18,450.00

0.00 22,950.00
4,500.00

0.00 0.00

0.00 4,500.00
4,500.00
3134GWVE3
FHLMC
Callable Note Qtrly
3/25/2021

0.4%
Due
09/25/2024
11/19/2020
11/19/2020
4,575,000.00
4,574,439.68

0.00 0.00
4,574,469.94
7,930.00
9,150.00
305.00
1,525.00

30.26 0.00

30.26 1,555.26
1,555.26
3134GWXC5
FHLMC
Callable Note Qtrly
9/29/2021

0.35%
Due
03/29/2024
12/10/2020
12/10/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
7,388.89
8,750.00

97.22 1,458.33

0.00 0.00

0.00 1,458.33
1,458.33
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 11 ends

152
Income Earned
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3135GA4S7
FNMA
Callable Note Qtrly
11/17/2022

0.375%
Due
05/17/2024
11/20/2020
11/20/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
5,416.67

0.00 6,979.17
1,562.50

0.00 0.00

0.00 1,562.50
1,562.50
3135GA4W8
FNMA
Callable Note Qtrly
11/18/2022

0.5%
Due
02/18/2025
11/20/2020
11/20/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
902.78

0.00 2,986.11
2,083.33

0.00 0.00

0.00 2,083.33
2,083.33
3135GA5Y3
FNMA
Callable Note Qtrly
12/14/2021

0.375%
Due
06/14/2024
12/14/2020
12/14/2020
4,375,000.00
4,375,000.00

0.00 0.00
4,375,000.00
3,509.11

0.00 4,876.30
1,367.19

0.00 0.00

0.00 1,367.19
1,367.19
3135GABN0
FNMA
Callable Note Qtrly
12/29/2021

0.28%
Due
12/29/2023
12/29/2020
12/29/2020
2,150,000.00
2,150,000.00

0.00 0.00
2,150,000.00
1,036.78

0.00 1,538.44
501.66

0.00 0.00

0.00 501.66
501.66
40434CAD7
HSBC USA Inc
Note

3.5%
Due
06/23/2024
12/10/2019
12/10/2019
3,000,000.00
3,050,665.06

0.00 0.00
3,047,392.94
19,833.33

0.00 28,583.33
8,750.00

0.00 3,272.12
(
3,272.12
)
5,477.88
5,477.88
43815JAC7
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
04/21/2027
02/16/2023
02/24/2023
210,000.00
209,961.15

0.00 0.00
209,962.20
205.80
793.80
294.00
882.00

1.05 0.00

1.05 883.05
883.05
46647PBK1
JP Morgan Chase & Co
Callable Note Cont
4/22/2025

2.083%
Due
04/22/2026
05/31/2022
06/02/2022
1,250,000.00
1,202,159.93

0.00 0.00
1,203,451.78
9,330.10

0.00 11,499.90
2,169.80
1,291.85

0.00 1,291.85
3,461.65
3,461.65
47800CAC0
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
02/22/2023
03/02/2023
395,000.00

0.00 394,928.03

0.00 394,929.29

0.00 0.00
1,594.15
1,594.15

1.26 0.00

1.26 1,595.41
1,595.41
61747YET8
Morgan Stanley
Callable Note Cont
7/17/2025

4.679%
Due
07/17/2026
12/28/2022
12/30/2022
775,000.00
764,890.01

0.00 0.00
765,143.99
4,432.05

0.00 7,453.91
3,021.86
253.98

0.00 253.98
3,275.84
3,275.84
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 12 ends

153
Income Earned
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
63743HFF4
National Rural Utilities
Note

5.45%
Due
10/30/2025
10/20/2022
10/31/2022
495,000.00
494,410.00

0.00 0.00
494,428.77
9,067.44

0.00 11,315.56
2,248.12

18.77 0.00

18.77 2,266.89
2,266.89
69371RR81
Paccar Financial Corp
Note

3.15%
Due
06/13/2024
06/06/2022
06/13/2022
895,000.00
894,867.65

0.00 0.00
894,876.38
6,108.38

0.00 8,457.75
2,349.37

8.73 0.00

8.73 2,358.10
2,358.10
713448FQ6
Pepsico Inc.

Callable Note Cont
1/13/26

4.55%
Due
02/13/2026
02/13/2023
02/15/2023
195,000.00
194,888.35

0.00 0.00
194,891.55
394.33

0.00 1,133.71
739.38

3.20 0.00

3.20 742.58
742.58
78016FZW7
Royal Bank of Canada
Note

4.9%
Due
01/12/2028
03/30/2023
03/31/2023
1,000,000.00

0.00 997,990.00

0.00 997,991.15

0.00 (
10,752.78
)
10,752.78

0.00 1.15

1.15 1.15
89236THP3
Toyota Motor Credit Corp
Note

0.8%
Due
10/16/2025
11/19/2020
11/19/2020
5,000,000.00
5,013,392.86

0.00 0.00
5,012,960.38
15,000.00

0.00 18,333.33
3,333.33

0.00 432.48
(
432.48
)
2,900.85
2,900.85
907818GE2
Union Pacific Corp
Callable Note Cont
1/21/26

4.75%
Due
02/21/2026
02/13/2023
02/21/2023
470,000.00
469,692.06

0.00 0.00
469,700.84
620.14

0.00 2,480.56
1,860.42

8.78 0.00

8.78 1,869.20
1,869.20
91282CCZ2
US Treasury
Note

0.875%
Due
09/30/2026
09/30/2021
09/30/2021
3,000,000.00
2,986,054.69

0.00 0.00
2,986,384.95
10,961.54
13,125.00

71.72 2,235.18
330.26

0.00 330.26
2,565.44
2,565.44
91282CFH9
US Treasury
Note

3.125%
Due
08/31/2027
03/30/2023
03/31/2023
1,950,000.00

0.00 1,901,173.83

0.00 1,901,204.08

0.00 (
5,133.32
)
5,298.91
165.59

30.25 0.00

30.25 195.84
195.84
91324PEN8
United Health Group Inc
Note

5.15%
Due
10/15/2025
12/28/2022
12/30/2022
775,000.00
786,075.51

0.00 0.00
785,717.49
13,636.77

0.00 16,962.81
3,326.04

0.00 358.02
(
358.02
)
2,968.02
2,968.02
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 13 ends

154
Income Earned
As of March 31, 2023
City of Orange
Account #10888
CUSIP
Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
92348KAA1
Verizon Master Trust
2021-1
A

0.5%
Due
05/20/2027
10/21/2022
10/25/2022
220,000.00
206,962.12

0.00 0.00
207,521.92

33.61 91.67

33.61 91.67
559.80

0.00 559.80
651.47
651.47
Total Fixed Income
90,565,000.00
80,138,831.85
10,418,461.86

0.00 90,558,556.25
210,031.16
35,218.54
246,641.00
71,828.38
5,670.56
4,408.02
1,262.54
73,090.92
73,090.92

CASH & EQUIVALENT
31846V203
First American
Govt Obligation Fund Class Y
Various
Various
48,582.94
436,530.62
9,673,381.50
10,061,329.18
48,582.94

0.00 825.73

0.00 0.00

0.00 825.73
825.73
Total Cash & Equivalent
48,582.94
436,530.62
9,673,381.50
10,061,329.18
48,582.94

0.00 825.73

0.00 0.00

0.00 825.73
825.73

TOTAL PORTFOLIO
90,613,582.94
80,575,362.47
20,091,843.36
10,061,329.18
90,607,139.19
210,031.16
36,044.27
246,641.00
72,654.11
5,670.56
4,408.02
1,262.54
73,916.65
73,916.65
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 14 ends

155
Cash Flow Report
As of March 31, 2023
City of Orange
Account #10888
Payment Date
Transaction Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
04/15/2023
Interest
91324PEN8
775,000.00
United Health Group Inc Note

5.15%
Due
10/15/2025

0.00 18,514.97
18,514.97
04/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,275.75
2,363.75
8,639.50
04/16/2023
Interest
89236THP3
5,000,000.00
Toyota Motor Credit Corp Note

0.8%
Due
10/16/2025

0.00 20,000.00
20,000.00
04/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 04/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
04/22/2023
Interest
46647PBK1
1,250,000.00
JP Morgan Chase & Co Callable Note Cont
4/22/2025

2.083%
Due
4/22/2026

0.00 13,018.75
13,018.75
04/22/2023
Interest
06051GJR1
1,250,000.00
Bank of America Corp Callable Note Cont
4/22/2024

0.976%
Due
4/22/2025

0.00 6,100.00
6,100.00
04/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
04/28/2023
Interest
3134GW3Z7
9,000,000.00
FHLMC Callable Note Qtrly
10/28/2021

0.6%
Due
10/28/2025

0.00 27,000.00
27,000.00
04/29/2023
Interest
3130AMBG6
5,000,000.00
FHLB Callable Note Qtrly
7/29/2021

0.75%
Due
4/29/2025

0.00 18,750.00
18,750.00
04/30/2023
Interest
63743HFF4
495,000.00
National Rural Utilities Note

5.45%
Due
10/30/2025

0.00 13,488.75
13,488.75
APR 2023
6,275.75
120,639.89
126,915.64
05/08/2023
Interest
14913Q3B3
1,250,000.00
Caterpillar Finl Service Note

2.15%
Due
11/8/2024

0.00 13,437.50
13,437.50
05/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,301.96
1,622.92
7,924.88
05/17/2023
Interest
3135GA4S7
5,000,000.00
FNMA Callable Note Qtrly
11/17/2022

0.375%
Due
5/17/2024

0.00 9,375.00
9,375.00
05/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 05/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 15 ends

156
Cash Flow Report
As of March 31, 2023
City of Orange
Account #10888
Payment Date
Transaction Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
05/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
MAY 2023
6,301.96
25,839.09
32,141.05
06/06/2023
Interest
24422EWF2
280,000.00
John Deere Capital Corp Note

3.4%
Due
6/6/2025

0.00 4,760.00
4,760.00
06/13/2023
Interest
06406RBF3
955,000.00
Bank of NY Mellon Corp Callable Note Cont
6/13/2024

3.43%
Due
6/13/2025

0.00 16,378.25
16,378.25
06/13/2023
Interest
69371RR81
895,000.00
Paccar Financial Corp Note

3.15%
Due
6/13/2024

0.00 14,096.25
14,096.25
06/14/2023
Interest
3135GA5Y3
4,375,000.00
FNMA Callable Note Qtrly
12/14/2021

0.375%
Due
6/14/2024

0.00 8,203.13
8,203.13
06/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,328.27
1,596.61
7,924.88
06/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 06/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
06/23/2023
Interest
40434CAD7
3,000,000.00
HSBC USA Inc Note

3.5%
Due
6/23/2024

0.00 52,500.00
52,500.00
06/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
06/29/2023
Interest
3135GABN0
2,150,000.00
FNMA Callable Note Qtrly
12/29/2021

0.28%
Due
12/29/2023

0.00 3,010.00
3,010.00
JUN 2023
6,328.27
101,947.91
108,276.18
07/12/2023
Interest
78016FZW7
1,000,000.00
Royal Bank of Canada Note

4.9%
Due
1/12/2028

0.00 24,500.00
24,500.00
07/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,354.69
1,570.19
7,924.88
07/17/2023
Interest
61747YET8
775,000.00
Morgan Stanley Callable Note Cont
7/17/2025

4.679%
Due
7/17/2026

0.00 18,131.13
18,131.13
07/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 16 ends

157
Cash Flow Report
As of March 31, 2023
City of Orange
Account #10888
Payment Date
Transaction Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
07/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
07/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
07/28/2023
Call
3130ANA42
4,000,000.00
FHLB Callable Note Qtrly
1/28/2022

0.65%
Due
4/28/2025
4,000,000.00
13,000.00
4,013,000.00
07/29/2023
Interest
3130ANDF4
5,000,000.00
FHLB Callable Note Annual
7/29/2022

0.9%
Due
7/29/2026

0.00 22,500.00
22,500.00
JUL 2023
4,006,354.69
81,104.99
4,087,459.68
08/08/2023
Interest
037833EB2
3,000,000.00
Apple Inc Callable Note Cont
1/8/2026

0.7%
Due
2/8/2026

0.00 10,500.00
10,500.00
08/13/2023
Interest
713448FQ6
195,000.00
Pepsico Inc. Callable Note Cont
1/13/26

4.55%
Due
2/13/2026

0.00 4,386.96
4,386.96
08/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,381.22
1,543.66
7,924.88
08/18/2023
Interest
3135GA4W8
5,000,000.00
FNMA Callable Note Qtrly
11/18/2022

0.5%
Due
2/18/2025

0.00 12,500.00
12,500.00
08/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 08/21/2023
Interest
907818GE2
470,000.00
Union Pacific Corp Callable Note Cont
1/21/26

4.75%
Due
2/21/2026

0.00 11,162.50
11,162.50
08/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
08/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
08/31/2023
Interest
91282CFH9
1,950,000.00
US Treasury Note

3.125%
Due
8/31/2027

0.00 30,468.75
30,468.75
AUG 2023
6,381.22
71,965.54
78,346.76
09/02/2023
Interest
3133EPCF0
2,000,000.00
Federal Farm Credit Bank Note

4.5%
Due
3/2/2026

0.00 45,000.00
45,000.00
09/06/2023
Interest
191216CL2
3,000,000.00
Coca Cola Company Callable Note Cont
8/6/2024

1.75%
Due
9/6/2024

0.00 26,250.00
26,250.00
09/10/2023
Interest
3130ATS57
2,000,000.00
FHLB Note

4.5%
Due
3/10/2028

0.00 45,000.00
45,000.00
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 17 ends

158
Cash Flow Report
As of March 31, 2023
City of Orange
Account #10888
Payment Date
Transaction Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
09/14/2023
Interest
06368LAQ9
1,000,000.00
Bank of Montreal Callable Note Cont
8/14/2027

4.7%
Due
9/14/2027

0.00 23,500.00
23,500.00
09/15/2023
Interest
3133EPDJ1
2,000,000.00
Federal Farm Credit Bank Note

4.375%
Due
9/15/2027

0.00 43,750.00
43,750.00
09/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,407.86
1,517.02
7,924.88
09/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 09/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
09/25/2023
Interest
3134GWVE3
4,575,000.00
FHLMC Callable Note Qtrly
3/25/2021

0.4%
Due
9/25/2024

0.00 9,150.00
9,150.00
09/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
09/28/2023
Interest
3130ALLM4
5,000,000.00
FHLB Callable Note Qtrly
6/28/2021

0.35%
Due
3/28/2024

0.00 8,750.00
8,750.00
09/29/2023
Interest
3134GWXC5
5,000,000.00
FHLMC Callable Note Qtrly
9/29/2021

0.35%
Due
3/29/2024

0.00 8,750.00
8,750.00
09/30/2023
Interest
91282CCZ2
3,000,000.00
US Treasury Note

0.875%
Due
9/30/2026

0.00 13,125.00
13,125.00
SEP 2023
6,407.86
226,195.69
232,603.55
10/15/2023
Interest
91324PEN8
775,000.00
United Health Group Inc Note

5.15%
Due
10/15/2025

0.00 19,956.25
19,956.25
10/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,434.61
1,490.27
7,924.88
10/16/2023
Interest
89236THP3
5,000,000.00
Toyota Motor Credit Corp Note

0.8%
Due
10/16/2025

0.00 20,000.00
20,000.00
10/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 10/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
10/22/2023
Interest
06051GJR1
1,250,000.00
Bank of America Corp Callable Note Cont
4/22/2024

0.976%
Due
4/22/2025

0.00 6,100.00
6,100.00
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 18 ends

159
Cash Flow Report
As of March 31, 2023
City of Orange
Account #10888
Payment Date
Transaction Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
10/22/2023
Interest
46647PBK1
1,250,000.00
JP Morgan Chase & Co Callable Note Cont
4/22/2025

2.083%
Due
4/22/2026

0.00 13,018.75
13,018.75
10/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
10/28/2023
Interest
3134GW3Z7
9,000,000.00
FHLMC Callable Note Qtrly
10/28/2021

0.6%
Due
10/28/2025

0.00 27,000.00
27,000.00
10/29/2023
Interest
3130AMBG6
5,000,000.00
FHLB Callable Note Qtrly
7/29/2021

0.75%
Due
4/29/2025

0.00 18,750.00
18,750.00
10/31/2023
Interest
63743HFF4
495,000.00
National Rural Utilities Note

5.45%
Due
10/30/2025

0.00 13,488.75
13,488.75
OCT 2023
6,434.61
121,207.69
127,642.30
11/08/2023
Interest
14913Q3B3
1,250,000.00
Caterpillar Finl Service Note

2.15%
Due
11/8/2024

0.00 13,437.50
13,437.50
11/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,461.48
1,463.40
7,924.88
11/17/2023
Interest
3135GA4S7
5,000,000.00
FNMA Callable Note Qtrly
11/17/2022

0.375%
Due
5/17/2024

0.00 9,375.00
9,375.00
11/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 11/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
11/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
NOV 2023
6,461.48
25,679.57
32,141.05
12/06/2023
Interest
24422EWF2
280,000.00
John Deere Capital Corp Note

3.4%
Due
6/6/2025

0.00 4,760.00
4,760.00
12/13/2023
Interest
06406RBF3
955,000.00
Bank of NY Mellon Corp Callable Note Cont
6/13/2024

3.43%
Due
6/13/2025

0.00 16,378.25
16,378.25
12/13/2023
Interest
69371RR81
895,000.00
Paccar Financial Corp Note

3.15%
Due
6/13/2024

0.00 14,096.25
14,096.25
12/14/2023
Interest
3135GA5Y3
4,375,000.00
FNMA Callable Note Qtrly
12/14/2021

0.375%
Due
6/14/2024

0.00 8,203.13
8,203.13
Execution Time: 4/3/2023 11:02:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 19 ends

160
Cash Flow Report
As of March 31, 2023
City of Orange
Account #10888
Payment Date
Transaction Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
12/15/2023
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,488.45
1,436.43
7,924.88
12/20/2023
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 12/21/2023
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
12/23/2023
Interest
40434CAD7
3,000,000.00
HSBC USA Inc Note

3.5%
Due
6/23/2024

0.00 52,500.00
52,500.00
12/25/2023
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
12/29/2023
Maturity
3135GABN0
2,150,000.00
FNMA Callable Note Qtrly
12/29/2021

0.28%
Due
12/29/2023
2,150,000.00
3,010.00
2,153,010.00
DEC 2023
2,156,488.45
101,787.73
2,258,276.18
01/12/2024
Interest
78016FZW7
1,000,000.00
Royal Bank of Canada Note

4.9%
Due
1/12/2028

0.00 24,500.00
24,500.00
01/15/2024
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,515.54
1,409.34
7,924.88
01/17/2024
Interest
61747YET8
775,000.00
Morgan Stanley Callable Note Cont
7/17/2025

4.679%
Due
7/17/2026

0.00 18,131.13
18,131.13
01/20/2024
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 01/21/2024
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
01/25/2024
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
01/29/2024
Interest
3130ANDF4
5,000,000.00
FHLB Callable Note Annual
7/29/2022

0.9%
Due
7/29/2026

0.00 22,500.00
22,500.00
JAN 2024
6,515.54
67,944.14
74,459.68
02/08/2024
Interest
037833EB2
3,000,000.00
Apple Inc Callable Note Cont
1/8/2026

0.7%
Due
2/8/2026

0.00 10,500.00
10,500.00
02/13/2024
Interest
713448FQ6
195,000.00
Pepsico Inc. Callable Note Cont
1/13/26

4.55%
Due
2/13/2026

0.00 4,436.25
4,436.25
02/15/2024
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,542.75
1,382.13
7,924.88
Execution Time: 4/3/2023 11:02:20 PM
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161
Cash Flow Report
As of March 31, 2023
City of Orange
Account #10888
Payment Date
Transaction Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
02/18/2024
Interest
3135GA4W8
5,000,000.00
FNMA Callable Note Qtrly
11/18/2022

0.5%
Due
2/18/2025

0.00 12,500.00
12,500.00
02/20/2024
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 02/21/2024
Interest
907818GE2
470,000.00
Union Pacific Corp Callable Note Cont
1/21/26

4.75%
Due
2/21/2026

0.00 11,162.50
11,162.50
02/21/2024
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
02/25/2024
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
02/29/2024
Interest
91282CFH9
1,950,000.00
US Treasury Note

3.125%
Due
8/31/2027

0.00 30,468.75
30,468.75
FEB 2024
6,542.75
71,853.30
78,396.05
03/02/2024
Interest
3133EPCF0
2,000,000.00
Federal Farm Credit Bank Note

4.5%
Due
3/2/2026

0.00 45,000.00
45,000.00
03/06/2024
Interest
191216CL2
3,000,000.00
Coca Cola Company Callable Note Cont
8/6/2024

1.75%
Due
9/6/2024

0.00 26,250.00
26,250.00
03/10/2024
Interest
3130ATS57
2,000,000.00
FHLB Note

4.5%
Due
3/10/2028

0.00 45,000.00
45,000.00
03/14/2024
Interest
06368LAQ9
1,000,000.00
Bank of Montreal Callable Note Cont
8/14/2027

4.7%
Due
9/14/2027

0.00 23,500.00
23,500.00
03/15/2024
Interest
3133EPDJ1
2,000,000.00
Federal Farm Credit Bank Note

4.375%
Due
9/15/2027

0.00 43,750.00
43,750.00
03/15/2024
Paydown
47800CAC0
395,000.00
John Deere Owner Trust
2023
-A A
3 5.01%
Due
11/15/2027
6,570.06
1,354.82
7,924.88
03/20/2024
Paydown
92348KAA1
220,000.00
Verizon Master Trust
2021-1
A

0.5%
Due
5/20/2027

0.00 91.67

91.67 03/21/2024
Paydown
43815JAC7
210,000.00
Honda Auto Receivables Owner
2023-1
A
3 5.04%
Due
4/21/2027

0.00 882.00
882.00
03/25/2024
Interest
3134GWVE3
4,575,000.00
FHLMC Callable Note Qtrly
3/25/2021

0.4%
Due
9/25/2024

0.00 9,150.00
9,150.00
03/25/2024
Paydown
05593AAC3
100,000.00
BMW Vehicle Lease Trust
2023-1
A
3 5.16%
Due
11/25/2025

0.00 430.00
430.00
Execution Time: 4/3/2023 11:02:20 PM
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162
Cash Flow Report
As of March 31, 2023
City of Orange
Account #10888
Payment Date
Transaction Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
03/28/2024
Maturity
3130ALLM4
5,000,000.00
FHLB Callable Note Qtrly
6/28/2021

0.35%
Due
3/28/2024
5,000,000.00
8,750.00
5,008,750.00
03/29/2024
Maturity
3134GWXC5
5,000,000.00
FHLMC Callable Note Qtrly
9/29/2021

0.35%
Due
3/29/2024
5,000,000.00
8,750.00
5,008,750.00
MAR 2024
10,006,570.06
212,908.49
10,219,478.55
TOTAL
16,227,062.64
1,229,074.03
17,456,136.67
Execution Time: 4/3/2023 11:02:20 PM
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163
Important Disclosures
City of Orange
Account #10888
Chandler Asset Management, Inc.
;͞
Chandler
͟Ϳ
is an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV). To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.

Custody:

Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

Valuation:

Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance:

Performance results are presented gross-of-advisory fees and represent the client ͛
s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Source ice Data Indices, LLC ("ICE"), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN "AS IS" BASIS; ICE, ITS AFFILIATES AND THEIR RESPECTIVE

THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM. NEITHER ICE DATA, ITS AFFILIATES OR

THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND LICENSEE'S USE IS AT LICENSEE'S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Ratings:

Ratings information have been provided by Moody
͛
s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities ;͞
MBS
͟Ϳ
reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody ͛
s and Fitch respectively.

Execution Time: 4/3/2023 11:02:20 PM
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164
Benchmark Index & Disclosures
City of Orange
Account #10888
Benchmark Index
Disclosure
ICE BofA 1-5 Yr US Treasury & Agency
Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody ͛
s,
S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

Execution Time: 4/3/2023 11:02:20 PM
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165
Agenda Item
City Council
Item #: 6.2. 5/9/2023 File #: 23-0309
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Purchase and Sale Agreement for the property located at 2829 N. Glassell Street.

2. SUMMARY
Approval of the proposed Purchase and Sale Agreement to acquire the property located at 2829 N.

Glassell Street to create additional parking for Olive Park.

3. RECOMMENDED ACTION

1. Approve an Agreement for the Purchase and Sale of Real Property in the amount of $1,375,000 for 2829 N. Glassell Street with a finding that the location, purpose and extent of the acquisition is in conformity with the City’sadopted General Plan; and authorize the Mayor and the City Clerk to execute on behalf of the City.

2. Authorize the City Manager to execute any additional documents necessary to complete the purchase of the property.

4. FISCAL IMPACT
The total expenditure for this agreement is $1,375,000 and will be funded through Capital Projects (Fund 500).

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. b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

6. DISCUSSION AND BACKGROUND
The property at 2829 N. Glassell Street is located immediately adjacent to the parking lot for Olive Park. As parking at Olive Park is inadequate to support the heavy use of the baseball fields, the subject property would be an ideal location to create additional overflow parking to support the park.

The property is approximately 22,651 square feet and has an existing two-story preschool building that is approximately 5,300 square feet. The building and adjacent parking lot area are in poor condition. Acquisition of the site would allow staff to study the possible demolition of the building and creation of a parking lot to support Olive Park. The City’sfuture use of the site as parking, including the potential demolition of the existing building, will be conditioned upon compliance with any applicable CEQA review and determination. An agreement for the purchase and sale of the property City of Orange Printed on 5/4/2023Page 1 of 2
powered by Legistar™
166
Item #: 6.2. 5/9/2023 File #: 23-0309
applicable CEQA review and determination. An agreement for the purchase and sale of the property in substantially final form is attached.

The extent of costs for either the CEQA review or the demolition and conversion of the site to a parking lot have not been determined.

7. ATTACHMENT
· Form of Agreement for the Purchase and Sale of Real Property City of Orange Printed on 5/4/2023Page 2 of 2
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167
Agenda Item
City Council
Item #: 6.2. 5/9/2023 File #: 23-0309
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Purchase and Sale Agreement for the property located at 2829 N. Glassell Street.

2. SUMMARY
Approval of the proposed Purchase and Sale Agreement to acquire the property located at 2829 N.

Glassell Street to create additional parking for Olive Park.

3. RECOMMENDED ACTION

2. Authorize the City Manager to execute any additional documents necessary to complete the purchase of the property.

4. FISCAL IMPACT
The total expenditure for this agreement is $1,375,000 and will be funded through Capital Projects (Fund 500).

The property is approximately 22,651 square feet and has an existing two-story preschool building that is approximately 5,300 square feet. The building and adjacent parking lot area are in poor condition. Acquisition of the site would allow staff to study the possible demolition of the building and creation of a parking lot to support Olive Park. The City’sfuture use of the site as parking, including the potential demolition of the existing building, will be conditioned upon compliance with any applicable CEQA review and determination. An agreement for the purchase and sale of the property City of Orange Printed on 5/4/2023Page 1 of 2
powered by Legistar™
168
Item #: 6.2. 5/9/2023 File #: 23-0309
applicable CEQA review and determination. An agreement for the purchase and sale of the property in substantially final form is attached.

The extent of costs for either the CEQA review or the demolition and conversion of the site to a parking lot have not been determined.

7. ATTACHMENT
· Form of Agreement for the Purchase and Sale of Real Property City of Orange Printed on 5/4/2023Page 2 of 2
powered by Legistar™
169

AGREEMENT FOR THE

PURCHASE AND SALE OF REAL PROPERTY

This AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY ("Agreement") is made and entered into as of the _____ day of __________ 2023, by and between the CITY OF ORANGE, a municipal corporation ("Buyer") and Discovery LLC, a California limited liability company ("Seller").

RECITALS

The following recitals are a substantive part of this Agreement:

A. Seller is the owner of real property (Assessor’s Parcel No. 360-241-04) located at 2829 N. Glassell Street, in the City of Orange, County of Orange, Ca lifornia 92865 , (the “Property”) together with all improvements constructed in, on, under or above the real property.

B. Buyer desires to purchase from Seller, and Seller desires to sell to Buyer, the Property in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged, the parties hereto agree as follows:

AGREEMENT

1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Property as is more particularly described in the legal description attached hereto as Exhibit “A” from the preliminary title report issued by Ticor Title Company as Order No. 00943355-997- JC2, and the map attached hereto as Exhibit “B” , together with all improvements located thereon upon the terms and conditions set forth in this Agreement.

2. Purchase Price. The purchase price for the Property shall be ONE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS and 00/100 ($1,375,000.00).

3. Condition of Title. At the close of escrow, the title to the Property shall be conveyed to Buyer by Seller by Grant Deed in the form and substance of the Grant Deed which is attached hereto as Exhibit “C.”

4. Conditions of the Close of Purchase. The close of purchase is conditioned upon the satisfaction of the following terms and conditions:

(a) Conditions to Be Performed by Buyer:

(1) Approval by Buyer's City Council . The validity of this Agreement is expressly conditioned upon the approval by Buyer's City Council.

170

2 (2) Deposit of Funds . Buyer shall have deposited all funds required pursuant to Paragraph 2.

(3) Walk Through. No later than five (5) days prior to close of escrow, Buyer shall perform a walk -through of the Property and notify Seller immediately of any defects requiring remediation.

(b) Conditions to Be Performed by Seller:

(1) Payment of Property Taxes . As of close of escrow, there shall be no outstanding or delinquent real property taxes with respect to the Property, including liens recorded in the Official Records of the Orange County Recorder, and any such liens shall have been removed prior to the close of escrow. There shall be no proration of property taxes.

(1) Escrow shall be opened with Ticor Title Company within ten (10) days of purchase approval by the Orange City Council.

(2) Escrow shall be closed within forty -five (45) days of submittal of signed and approved escrow instructions by both parties to the escrow agent.

(3) Escrow fees and charges are to be paid by both Buyer and Seller as is customary and determined by the escrow agent in Southern California.

5. Seller's Representations and Warranties. In addition to any express agreements of Seller contained elsewhere in this Agreement, the following constitute representations and warranties of Seller to Buyer:

(a) Power and Authority. Seller represents and warrants to Buyer that it has the full legal power, right and authority to enter into this Agreement and to grant, sell and convey the real property interest in the Property as provided herein, and that no other waivers, releases, or settlements are necessary from any other person or entity on behalf of Seller to release, discharge, and settle completely Seller's rights and obligations set forth herein.

(b) No Conflict. Neither the execution of this Agreement nor the consummation of the transactions contemplated herein conflict with or will result in the breach of any contract, loan, or other agreement to which Seller is a party or which otherwise affects the Property.

(c) Lawsuits and Claims. There are no pending, threatened or contemplated actions, lawsuits, claims or legal proceedings affecting the Property or in which Seller is or will be a party by reason of Seller's ownership of the Property.

(d) Bankruptcy. There are no attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against Seller or the Property, and to the best of Seller's knowledge, no such proceedings are or will be threatened or contemplated against Seller or the Property. 171

3 (e) Condition of Property.

(1) Seller has no knowledge of any violation of any governmental law, ordinance, rule, regulation or requirement relating to the Property.

(2) To the best of Seller's knowledge, there are no previously undisclosed defects or deficiencies in the Property nor any other matter or fact which in any way would materially affect Buyer's contemplated development, construction, use, operation, lease and/or sale of the Property, or any portion thereof. This paragraph shall apply only to the extent of Seller's knowledge of Buyer's contemplated development, construction, use, operation, lease and/or sale of the Property, or any portion thereof.

(3) To the best of Seller's knowledge, there are no previously undisclosed substances, materials, or products on or about the Property, which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead based paint, fuel or ch emical storage tanks, and contaminated soil or water.

(4) Until close of escrow, Seller shall maintain the Property in such condition as exists as of the effective date of this Agreement.

(f) Leases and Contracts. There are currently and, prior to the close of escrow, shall be, no oral or written agreements, leases, licenses, occupancies or tenancies in effect pertaining to the Property, except as approved by Buyer.

(g) Changed Conditions. Prior to the close of escrow, Seller shall promptly notify Buyer of any change in any condition with respect to the Property or of any event or circumstance which makes any representation or warranty of Seller under this Agreement untrue or misleading.

Such changed condition shall constitute an exception whic h Buyer shall have a right to approve or disapprove. If Buyer elects to disapprove, Buyer may terminate this Agreement.

6 Cooperation of Buyer and Seller . Buyer and Seller agree to cooperate with each other in the closing of this transaction and, in that regard, to execute any and all documents which may be reasonably necessary, helpful, or appropriate to carry out this Agreement.

7. Right of Entry. Prior to close of escrow, Buyer and Buyer's representatives, agents and designees shall have the right of access to the Property, at reasonable times and upon reasonable notice to Seller, for the purpose of making necessary and appropriate inspections, test s, borings, samplings, surveys, and exercising Buyer's other rights under this Agreement.

8. Waiver and Release of Claims . In consideration of the foregoing, Seller, on its behalf and on behalf of its representatives, successors and assigns, and all per sons claiming through them or each of them, hereby irrevocably waives and releases any further claims, demands, causes of action, whether known or unknown, fixed or contingent, against the City, and its employees, representatives, successors and assigns ba sed upon, arising from, or relating to the subject of this Agreement. This waiver and release shall include, without limitation, any and all claims in relation to the Property or Seller for relocation assistance or benefits arising from the California Rel ocation 172

4 Act (commencing with Section 7260 of the California Government Code), the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (42 U.S.C. Section 4601, et seq.), and any similar or analogous enactment or rule or regulation promulgated pursuant thereto. This paragraph 9 shall be interpreted to give effect to the intent of the parties that Seller, which has had the opportunity to consult with legal counsel of its choosing, and has engaged in active negotiations as to all of the terms and provisions of this Agreement, shall receive no relocation compensation, benefits, remuneration, advice or assistance other than that payable by the City under this Agreement as the Purchase Price for the Property. By waiving and forever releasing claims both known and unknown, Seller expressly waives any rights under California Civil Code Section 1542, which provides:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor."

9. Notices. All notices or other communications required or permitted to be given under this Agreement shall be in writing, and shall be delivered by an y commercially acceptable means to the other party at the address as set forth below, or at any other address as that party may later designate by Notice. Any Notice given under this Paragraph shall be deemed received upon actual receipt by the intended party.

To Buyer: City of Orange
300 East Chapman Avenue
Orange, CA 92866
Attn: City Manager

To Seller: DISCOVERY LLC
5825 Lincoln Ave., Suite D-611
Buena Park, CA 90620
Attn: John Doan

10. Miscellaneous.

(a) Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

(b) Waivers. No waiver of any breach of any covenant or provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act.

(c) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. Neither party may assign any of its rights pursuant to this Agreement without the written consent of the other party. 173

5 (d) Professional Fees. In the event of the bringing of any action or suit by Seller, Buyer and/or escrow agent against another par ty hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then, in that event, the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorneys' fees, accounting and engineering fees, and any other professional fees resulting therefrom.

(e) Entire Agreement. This Agreement is the final expression of, and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. This Agreement may not be modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by written instrument signed by each party.

(f) Time of Essence. Seller and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term and provision of this Agreement and that failure to timely p erform any of the terms and provisions of this Agreement by either party shall constitute a material breach of and a noncurable but waivable default under this Agreement.

(g) Construction. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the parties and are not a part of the Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and vice versa, and the masculine shall include the feminine and vice versa.

(h) Governing Law. This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California in effect at the time of the signing of this Agreement. The parties consent to the jurisdiction of t he California courts with venue in Orange County.

(i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same single instrument.

(j) Negotiated Transaction. The provisions of this Agreement shall be considered to have been negotiated, drafted and prepared by all the parties hereto and no party shall be deemed to have been the author of any particular term or condition contained herein.

(k) Opportunity to Consult with Counsel . Seller declares and represents that in effecting this Agreement, it has received or has had the opportunity to receive full legal advice as to her legal rights, and Seller hereby certifies that it has read all of this Agreement and fully understands the same.

174

6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

“SELLER” “BUYER”

DISCOVERY LLC, a California CITY OF ORANGE, a municipal corporation limited liability company

By: By:

Daniel R. Slater, Mayor

APPROVED AS TO FORM: ATTEST:

Mary E. Binning, City Attorney Pamela Coleman, City Clerk

175

7 EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
[on following page]

176

8 EXHIBIT “B”

MAP OF PROPERTY
[on following page]

177

9 EXHIBIT “C”

FORM OF GRANT DEED
[on following page]

178

10 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Attn: City Clerk

MAIL TAX STATEMENTS TO:

Same as above

APN: 360-241-04 (Above space for Recorder’s use only) 2829 N. Glassell St., Orange CA Exempt from record fees per Govt. Code 6103 and 27383

DOCUMENTARY TRANSFER TAX: EXEMPT per
Revenue and Taxation Code 11922

Signature of Declarant Firm Name
determining tax

GRANT DEED

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged DISCOVERY LLC, a California limited liability company (“Grantor”) hereby grants to CITY OF ORANGE , a California municipal corporation (“Grantee”), certain real property in the State of California, County of Orange, City of Orange, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and more particularly depicted in Exhibit B attached hereto and incorporated herein by this reference, together w ith any and all tenements, hereditaments, easements, rights -of- way, appurtenances, development rights or intangible property anywise appertaining to the same (the “Property”).

DATED: , 2023

GRANTOR:

DISCOVERY LLC, a California limited liability company

By:

Name:

Its:
179
Agenda Item
City Council
Item #: 6.3. 5/9/2023 File #: 23-0314
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Short Term Rental program update and option to increase the maximum number of short term rental permits from 125 to 200.

2. SUMMARY
Update on the Short Term Rental program with the option to increase the maximum number of short term rental permits from 125 to 200.

3. RECOMMENDED ACTION
Consider adoption of Resolution No. 11454. A Resolution of the City Council of the City of Orange Revising the Maximum Number of Short Term Rental Permits allowed.

4. FISCAL IMPACT
None.

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

Goal 4: Provide outstanding public service
a: Obtain, implement, and evaluate public input into our services and programs.

6. DISCUSSION AND BACKGROUND
In May 2021, the City Council approved an Ordinance to permit a limited number of short term rentals (STRs) in the City of Orange. The Ordinance was developed over a period of several months and included extensive public comments, input from the Orange Short Term Rental Alliance (OSTRA), a review of STR policies in other cities, discussions with STR hosting platforms, and research into compliance services. The resulting Ordinance had three main objectives:
· Create a program to allow responsible STR hosts to operate in the City of Orange · Provide sensible regulations to reduce the impacts of STRs to residential neighborhoods · Provide the City with tools to address a small number of problem properties At the time the STR Ordinance was adopted, the City Council also adopted a Resolution that capped the total number of STR permits at 125. The City began issuing STR permits in late 2021, and soon reached the maximum number of STR permits. The program has successfully achieved its three City of Orange Printed on 5/4/2023Page 1 of 2
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reached the maximum number of STR permits. The program has successfully achieved its three main objectives during the year and a half of its operation. The City has only had to issue a total of 10 violations under the ordinance, and permit holders have been responsive to the small number of complaints from their neighbors.

There are approximately 125 property owners on a waiting list for STR permits. The City Council could expand the number of STR permits through Resolution to give additional people on the waiting list the opportunity to apply for an STR permit. The proposed Resolution would revise the total number of STR permits allowed from 125 to 200. It would also give the City Manager authority to develop procedures for phasing in the increase in STR permits. Staff would most likely increase the number of permits by 25 and then wait six months before releasing the next batch of 25 permits. This would allow for existing staff resources to process the new permits as well as assess any neighborhood impacts before issuing additional permits.

The 125 STR permits that are currently operating generate approximately $500,000 a year to the City in transient occupancy tax (TOT). An additional 75 permits would generate approximately $300,000 per year in TOT.

Ordinance Update
Staff has also identified cleanup language for the STR Ordinance that would provide more clarity about the program, simplify administration, and tighten up some of the regulations. Staff could present proposed changes to the STR ordinance at a future City Council meeting.

7. ATTACHMENT
· Resolution No. 11454
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Agenda Item
City Council
Item #: 6.3. 5/9/2023 File #: 23-0314
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Short Term Rental program update and option to increase the maximum number of short term rental permits from 125 to 200.

2. SUMMARY
Update on the Short Term Rental program with the option to increase the maximum number of short term rental permits from 125 to 200.

3. RECOMMENDED ACTION
Consider adoption of Resolution No. 11454. A Resolution of the City Council of the City of Orange Revising the Maximum Number of Short Term Rental Permits allowed.

4. FISCAL IMPACT
None.

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

Goal 4: Provide outstanding public service
a: Obtain, implement, and evaluate public input into our services and programs.

6. DISCUSSION AND BACKGROUND
In May 2021, the City Council approved an Ordinance to permit a limited number of short term rentals (STRs) in the City of Orange. The Ordinance was developed over a period of several months and included extensive public comments, input from the Orange Short Term Rental Alliance (OSTRA), a review of STR policies in other cities, discussions with STR hosting platforms, and research into compliance services. The resulting Ordinance had three main objectives:
· Create a program to allow responsible STR hosts to operate in the City of Orange · Provide sensible regulations to reduce the impacts of STRs to residential neighborhoods · Provide the City with tools to address a small number of problem properties At the time the STR Ordinance was adopted, the City Council also adopted a Resolution that capped the total number of STR permits at 125. The City began issuing STR permits in late 2021, and soon reached the maximum number of STR permits. The program has successfully achieved its three City of Orange Printed on 5/4/2023Page 1 of 2
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reached the maximum number of STR permits. The program has successfully achieved its three main objectives during the year and a half of its operation. The City has only had to issue a total of 10 violations under the ordinance, and permit holders have been responsive to the small number of complaints from their neighbors.

7. ATTACHMENT
· Resolution No. 11454
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RESOLUTION NO. 11454

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANG E REVISING THE

MAXIMUM NUMBER OF SHORT TERM

RENTAL PERMITS ALLOWED

WHEREAS, on April 13, 2021, the City Council adopted Resolution No. 11318, establishing the maximum number of short term rental businesses permitted in the City; and

WHEREAS, the City Council has considered the short term rental permit program in terms of enforcement and revenue and wishes to increase the number of allowable sh ort term rental permits.

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

1. The maximum number of active short term rental permits in the City is increased from one hundred twenty-five (125) to two hundred (200) and shall not exceed that number at any one time.

2. The City Manager or designee, is directed to develop procedures implementing the phase-in timing for the increase in short term rental permits authorized by this Resolution.

3. To the extent not rev ised by this Resolution, all other terms and provisions of Resolution No. 11318 shall remain in effect.

4. This Resolution shall become effective immediately upon its adoption.

ADOPTED this ____ day of ____________________, 2023.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

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2 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 , 202 3 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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Agenda Item
City Council
Item #: 8.1. 5/9/2023 File #: 23-0285
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary Binning, City Attorney

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations. Ordinance No. 04-23. (Continued from April 11, 2023)

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 28, 2023.

At the April 11 City Council meeting, the second reading of the proposed ordinance was removed from the Consent Calendar by Councilmember Dumitru. During discussion, staff was directed to make amendments to several areas of the ordinance. The revised ordinance contains the following changes:
· Added provision regarding financial disclosures.
· Added provision regarding enforcement of discretionary design standards. · Added provision regarding qualifications for hearing officer. · Added provision limiting scope of citation authority to codes specific to issuing staff’s job. · Added provision for hardship waiver of fines and citation fees. · Extension of time within which to pay fine or request appeal. · Clarification that all fees and fines are refunded if citation is dismissed.

The City Council also recommended a reduction in the administrative citation appeal fee, which will return to the Council in a Resolution at a future meeting.

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

Vote at April 11 Meeting: AYES: Dumitru, Tavoularis, Bilodeau Gutierrez, Slater
NOES: Barrios
ABSENT: Gyllenhammer

3. RECOMMENDED ACTION
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Item #: 8.1. 5/9/2023 File #: 23-0285
Adopt Ordinance No. 04-23.

4. ATTACHMENTS
· Revised Ordinance No. 04-23 - REDLINED
· Revised Ordinance No. 04-23 - CLEAN
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Agenda Item
City Council
Item #: 8.1. 5/9/2023 File #: 23-0285
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary Binning, City Attorney

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 28, 2023.

The City Council also recommended a reduction in the administrative citation appeal fee, which will return to the Council in a Resolution at a future meeting.

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

Vote at April 11 Meeting: AYES: Dumitru, Tavoularis, Bilodeau Gutierrez, Slater
NOES: Barrios
ABSENT: Gyllenhammer

3. RECOMMENDED ACTION
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Item #: 8.1. 5/9/2023 File #: 23-0285
Adopt Ordinance No. 04-23.

4. ATTACHMENTS
· Revised Ordinance No. 04-23 - REDLINED
· Revised Ordinance No. 04-23 - CLEAN
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ORDINANCE NO. 04-23

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 1.10 TO THE

ORANGE MUNICIPAL CODE RELATING TO
ADMINISTRATIVE CITATIONS.
[pertinent revisions from original draft redlined]

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

SECTION II:

New Chapter 1.10 of the Orange Municipal Code (General Provisions – Administrative Citations) is hereby added to read as follows:

Chapter 1.10

ADMINISTRATIVE CITATIONS

1.10.010 Purpose and Intent.

1.10.020 Authority and Scope.

1.10.030 Definitions.

1.10.040 Administrative Citation.

1.10.050 Administrative Citation – Violation.

1.10.060 Content of Administrative Citation.

1.10.070 Procedure for Serving Administrative Citation.

1.10.080 Administrative Fine.

1.10.090 Payment of Administrative Fine.

1.10.100 Request for Administrative Hearing.

1.10.110 Time for Administrative Hearing.

1.10.120 Request for Continuance of Hearing.

1.10.130 Appointment of Administrative Hearing Officer.

1.10.140 Procedures at Administrative Hearing.

1.10.150 Failure to Attend Administrative Hearing.

1.10.160 Decision of Administrative Hearing Officer.

1.10.170 Late Payment Charges.

1.10.180 Collection of Administrative Fines.

1.10.190 Appeal of Decision of Administrative Hearing Officer.

1.10.200 Failure to Pay an Administrative Fine.

1.10.010 Purpose and Intent.

The City Council finds and declares that:
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2 A. There is a need for an alternative method of enforcement for violations of the Orange Municipal Code, state or county codes, and any other applicable statues or laws.

B. This Chapter makes any violation of these provisions within this Code and applicable state or county codes subject to administrative citation and fine(s).

C. This Chapter establishes the procedures for the enforcement, collection, review, and appeal of administrative citations and fine(s) pursuant to Government Code Section 53069.4 and is considered authorized by the City’s general police powers.

D. The issuance of an administrative citation under this Chapter is solely at the City’s discretion and is one option the City has in addressing a violation of this Code and applicable state codes. By adopting this Chapter, the City does not intend to limit its discretion to utilize any other remedy, whether independently or concurrent, civil or criminal actions for such violations that the City may select in a particular case. The procedures established in this Chapter shall be in addition to criminal, civil or any other legal remedies established by law that may be pursued to address violations of this Code and applicable state or county codes.

E. The City adopts this administrative citation and administrative hearing program in order to achieve the following goals:

1. To protect the public health, safety and welfare of its citizens within the City of Orange;

2. To gain compliance with this Code and those applicable state or county codes, as well as other ordinances and regulations in a timely and efficient manner;

3. To encourage voluntary compliance with the provisions of this Code and applicable state or county codes and to eliminate nuisances for the protection and benefit of the entire community;

4. To provide for an administrative hearing process to appeal the administrative citations and fine(s) that are imposed;

5. To provide a method to hold a person responsible for their failure or refuse to comply with the provisions of this Code or applicable state or county codes, or other ordinances or regulations, or terms and conditions imposed on licenses, permits, or entitlements issued or approved by the City;

6. To minimize the expense and delay where the sole other remedy is to pursue persons or responsible persons in the civil or criminal justice system.

1.10.020 Authority and Scope.

A. The City Manager or designee is authorized to promulgate procedural rules and regulations governing the administration of this Chapter. 191
3 B. The City Manager shall have the authority to administer and enforce these provisions of this Chapter.

1. Any person or responsible person violating any provision of this Code or applicable state code may be issued an administrative citation by an officer or official of a department as provided in this Chapter.

2. Whenever an officer or official of a department charged with enforcement authority of this Chapter determines that a person or responsible person is allowing, causing, committing, continuing, permitting or maintaining a violation of this Code, the officer or official may issue an administrative citation.

4. An officer or official of a department may issue a citation for a violation not committed in their presence if it is determined through an investigation that the person or responsible person cited did commit, aid or abet the commission of a violation of this Code.

5. When the violation pertains to sidewalk vending, an administrative citation may only be issued as set forth in Chapter 5.54.

C. The City Manager may dismiss a citation at any time if determination is made that it was issued in error, in which event any deposit of fine(s) and appeal fees shall be refunded.

Notice of such action shall be given to the person or responsible person in writing.

D. Any officer or official from a department is hereby authorized to issue an administrative citation to any person or responsible person found in violation of the Code.

E. Any officer or official authorized to issue an administrative citation shall be subject to the City’s Conflict of Interest Code.

1.10.030 Definitions.

The following words and phrases, when used in the context of this chapter, shall have the following meanings:
“Administrative citation” means any citation issued pursuant to this Chapter by an officer or official to any person or responsible person for violation of the Code. “Administrative hearing” means an oral proceeding before a hearing officer regarding the administrative citation.
“Building and safety violation” means any violation of this Code, which may also pertain to building, housing, plumbing, electrical, mechanical or other similar structural or zoning regulations, including regulations or laws set forth in Titles 15, 16 and 17 of this Code. 192
4 “Building Official” means the manager of building and safety services for the City of Orange.
“Citee” means a responsible person to whom a citation is issued. “City” means the City of Orange.
“City Manager” means the City Manager of the City, or designated representative. “Code” includes: (1) the entire Orange Municipal Code and any other Code or regulation incorporated therein by adoption or reference , excluding any nonobjective design or aesthetic standard imposed by discretionary review , (2) any uncodified ordinance adopted by the Orange City Council, and, (3) any and all applicable county and state laws, codes or regulations. “Correction period” means the period of time allowed for a person or responsible person cited to correct a violation shown on an administrative citation and/or notice of violation. “Department” means the department and its division(s) or a director who are responsible for administering the Code. The department may be any of the following: Police Department, Community Services Department, Fire Department, Community Development Department, Public Works Department, Finance Department and/or any other department or division authorized by the City Manager to issue administrative citations pursuant to this Chapter. “Director” means a head of a Department, or designee, who is authorized by the City Manager to administer and enforce the Code.
“Hearing Officer” includes a private entity, organization or association with professional experience conducting administrative hearings or person, or a public official, or duly constituted reviewing authority or commission that the City Manager designates or appoints to consider all timely requests for an administrative hearing upon issuance of a citation. “Officer” or “official” means any City officer, official or employee of a department who is designated by the City Manager with the authority to administer, enforce or regulate the those sections of the City code or applicable state or county codes which are specific to their scope of duties, assignment or outlined in their job description , in accordance with the provisions of this Code.
“Land use approval” means any approval required for a particular use of land, including, but not limited to permits, licenses, conditional use permits, variances or subdivision maps. “Legal interest” means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument, which is recorded with the county recorder.
“Minor” means minor child under the age of 18.
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5 "Notice of violation" means any form or variations of titles of a written notice provided by any officer or official of a department issued to any person or responsible person to inform such person of violation(s) of the Code and to advise such person of the date that such violation(s) must be corrected in order to avoid the issuance of an administrative citation. “Person” means and includes any natural person, minor, legal entity, owner, firm, association, joint venture, major stockholders, joint stock company, partnership, organization, club, company, corporation, general partners, business, trust, fiduciaries, trustees, heirs, executors, administrators or their manager, lessee, agents, servants, officers, or employee of any of them. “Responsible person” means any person who an officer or official determines is responsible for causing or maintaining a violation of the Code. The term “responsible person” includes, but is not limited to a property owner, tenant, independent contractor, or person in possession of real property, or an owner or authorized agent or person of any business, company or entity, or the holder or the agent of the holder of any land use approval or any other permit, license or entitlement.
“Violation” means an act or omission of any act, or use or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. A “transient” violation is one that is brief or spontaneous in its commission, or that is not typically confined to a fixed location. A “non-transient” violation is continuing in nature and generally present at one location.

1.10.040 Administrative Citation.

Any person or responsible person violating any section of this Code that is subject to this Chapter may be issued an administrative citation by an officer or official of a department as provided in this Chapter.

1.10.050 Administrative Citation – Violation.

A. General Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a Code violation , as defined in this Chapter, that does not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. The issuance of an administrative citation may be issued by any officer or official of that department after noncompliance with a notice of violation or to a repeat offender of the same offense within a twelve-month period.

1. Each and every day a violation of this Code or applicable state or county code exists constitutes a separate and distinct offense.

2. Any person or responsible person violating any provisions of this Code is subject to being issued an administrative citation by any officer or official from that department. 194
6 3. Administrative fine(s) shall be assessed by means of an administrative citation issued by the officer or official and shall be payable directly to the City or its agent.

4. Fine(s) shall be assessed in the amounts specified in Section 1.10.080.

5. Every person or responsible person who applies for and receives a license or permit, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances, etc.) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement , excluding violations of any nonobjective design or aesthetic standard imposed by discretionary review, they may be issued an administrative citation and be liable for fine(s) under the provisions of this Chapter.

6. The City may take into consideration the fact that a person or reasonable person has been issued an administrative citation when the City is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other entitlement regarding that person or property, and such administrative citations are evidence that the person has committed a violation of the Code.

7. Obligation to correct violation(s). Nothing in this Code shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.

B. Building and Safety Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a Code violation pertaining to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. Notwithstanding the provisions of this Chapter, any person or responsible person may be issued a first administrative citation if the violation continues after the correction period has expired.

1. The person or responsible person issued a notice of violation for a building violation may request an extension of the correction period, provided that a request is filed with the Building Official before the correction period ends. The Building Official may, in their discretion, grant a reasonable extension of the time period to correct the violation, if the person or responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period indicated on the notice of violation. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this Chapter.

2. If a building violation has not been corrected by the end of the correction period, the officer or official has the authority to issue the person or responsible person a second administrative citation for failing to comply with the notice of violation(s). The person or responsible person to whom the notice of violation was issued shall be liable for and shall pay to the City or its agent the fine(s) described in the administrative citation by the date prescribed for 195
7 payment pursuant to Section 1.10.090.A. A third administrative citation may be issued and additional fine(s) imposed for every day the violation continues uncorrected from the date of issuance of the second administrative citation. The fourth and subsequent violation of the same Code shall be prosecuted as a misdemeanor citation or any other remedy available to the City pursuant to Section 1.10.080.B.

3. Obligation to correct violation(s). Nothing in this Code shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.

1.10.060 Content of Administrative Citation.

A. An administrative citation shall contain the following information:

1. Date, approximate time, and address or description of the location where the violation(s) was observed or occurred.

2. The person or responsible person’s date of birth, any state-issued identification number or driver license number, height, weight, hair color, eye color, race, gender and any other description as needed or available.

3. The Code section(s) or condition(s) violated and a brief description of the violation(s).

4. An order to the person or responsible person to correct the violation(s) within the time specified, and an explanation of the consequences of failure to correct the violation(s).

5. The amount of the fine for each violation.

6. If necessary, a brief description of the action required to correct the violation(s).

7. An order prohibiting the continuation or repeat occurrence of the Code violation(s) described in the administrative citation.

8. An explanation of how the fine(s) shall be paid and the time period by which and the place to which it shall be paid.

9. A statement indicating that “Payment of a fine or fines shall not excuse a failure to correct a violation of the Code or Codes cited, nor shall it bar concurrent or further enforcement actions by the City.”

10. Identification of rights of appeal, including the time within which the citation may be appealed and the manner in which to request a hearing to appeal the administrative citation.
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8 11. The name of the officer or official of that department including their employee identification number and, if possible, the signature of the person or responsible person.

The refusal or absence of any person or responsible person to sign a citation shall not affect its validity or related subsequent action or proceeding, nor shall signing a citation constitute an admission that the person has committed a violation of the Code.

B. Any other information deemed necessary for enforcement or collection purposes.

C. Any other information deemed necessary by the City Manager.

1.10.070 Procedure for Serving Administrative Citation.

An administrative citation or notice may be served by any one of the following methods:

A. Personal Service. An officer or official shall attempt to locate and personally serve the person or responsible person and obtain the signature of such person on the administrative citation. If the person or responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or the subsequent proceedings.

B. Service by Mail. If the officer or official is unable to locate or personally serve the person or responsible person, the administrative citation shall be served by first-class mail, postage prepaid, or certified mail with a declaration under penalty of perjury of service by mail executed by the person mailing the administrative citation. The administrative citation shall be addressed to the person or responsible person at the address shown on the last equalized property tax assessment rolls for Orange County for a building or property related violation, or to any address known for the responsible person for all other violations. Service by mail shall be deemed to be effective service on the date it is mailed and shall not affect the validity of the administrative citation or of the subsequent proceedings.

C. Service by Posting. If the officer or official is unsuccessful in either personal service or service by mail, the administrative citation shall be posted in a conspicuous place on the real property where the violation occurred. Such posting shall be deemed to be effective service on the date of posting and shall not affect the validity of the administrative citation or of the subsequent proceedings.

D. Service by Publication. If the officer or official does not succeed in serving the person or responsible party personally, by certified mail or regular mail, and the City is not aware that such person has a legal interest in any real property within the City, the officer or official shall cause the administrative citation to be published once a week for four consecutive weeks in a local newspaper published at least once a week.

E. The failure of any person or reasonable person to receive a citation or notice shall not invalidate any fine(s), late charge(s), actions or proceedings that is imposed or brought pursuant to this Chapter, if service was given in a manner stated in this Section. 197
9 1.10.080 Administrative Fine
A. General Code Violation. Pursuant to Government Code Section 36900(b), fine(s) associated with the issuance of an administrative citation for violations of a City ordinance are hereby adopted. A misdemeanor citation may be issued to any person or responsible person who has committed a fourth or subsequent violation of the same Code within one year from the date of the first administrative citation or the City may at its discretion utilize any additional remedies available in seeking compliance.

B. Building and Safety Code Violation. Pursuant to Government Code Section 36900(c), fine(s) associated with the issuance of an administrative citation for violations of a Building and Safety Code are hereby adopted. A misdemeanor citation may be issued to any person or responsible person who has committed a fourth or subsequent violation of the same Code within one year from the date of the first administrative citation or the City may at its discretion utilize any additional remedies available in seeking compliance.

C. Sidewalk Vending Permit Violation. Fine(s) and penalty(ies) pursuant to Government Code Section 51039(a)(1), (2) and (3)(A), for an administrative citation for a Sidewalk Vending Permit violation are hereby adopted and regulated under Chapter 5.54 of the Code.

D. The amounts of the fines imposed and the administrative citation processing fee pursuant to this Chapter shall be as established by resolution of the City Council. The City Council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses of the same violation.

1.10.090 Payment of Administrative Fine.

A. The fine(s) and the administrative citation processing fee shall be paid to the City or its agent within twenty-one (21) thirty (30) days from the date of service of the administrative citation unless one or both of the following occurs:

1. The responsible person files a hardship waiver with the Director of Community Development as provided herein, justifying reduction or elimination of the fine(s) and processing fee.

2. The responsible person files a timely appeal along with the appeal fee pursuant to Section 1.10.100.

B. If no appeal is filed and/or no hardship waiver granted as provided herein, and the fine in any administrative citation is not paid within the time prescribed in Section 1.10.090.A, a late payment fee shall be charged in an amount of 30% percent of assessed fine(s) ten (10) days after the due date; an additional 50% percent after twenty (20) days; and an additional 100% percent after thirty (30) days.

C. Any administrative citation fine(s ), the citation processing fee and administrative citation appeal fee paid pursuant to Section 1.10.090.A and 1.10.100.A.2 shall be refunded in 198
10 accordance with Section 1.10.160, if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation, the citation was issued in error, or that there was no violation as charged in the citation.

D. Payment of any fine(s) under this Chapter shall not excuse or discharge any continuation, or repeated occurrence of any violation(s) that is the subject of the administrative citation, nor shall it bar further enforcement action by the City.

E. A responsible person who has been issued a second or multiple additional fine(s) for violations of the same Code within one year may apply for a hardship waiver to reduce the amount of the fine(s), which will be granted upon a showing that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine(s) would impose an undue financial burden. Any person wishing to apply for a hardship waiver must timely complete a hardship waiver form and deliver it, together with any supporting documents within twenty-one (21) days from the date of service of the administrative citation(s), to the Code Compliance Division of the Community Development Department. Once a completed hardship waiver form is received, payment of any owed fine(s) is stayed until a written determination on the application is issued. The Community Development Director may request additional documentation or information regarding the request prior to issuing a determination. A determination may be to grant in full, grant in part, or deny the application for a hardship waiver.

Any amount of the fine(s) determined by the Director shall be remitted to the City or its agent within ten (10) days of receipt of the Director’s written decision. Such a determination shall be final. The failure of any responsible person to timely submit all requested additional documentation and information shall be deemed a failure to exhaust the responsible person's administrative remedies with regard to any reductions of the fine(s).

E. Hardship Waiver. A person who has been issued an administrative citation may apply for a hardship waiver to reduce the amount of the fine(s) and waive the citation processing fee, which will be granted upon a showing that payment of the full amount of the fine(s) and citation processing fee would impose an undue financial burden.

2. The Code Compliance Division shall not grant the hardship waiver unless the person seeking the request submits a sworn declaration under penalty of perjury, together with supporting documents, which show that they have made a bona fide effort to comply with the Code after the violation and that payment of the full amount of the fine would impose an undue financial burden on them. Such legible copies of documents suitable for consideration may include, but are not limited to:
a. Copy of the person's prior tax year federal or state tax returns showing adjusted gross income that meets the income limit requirements based on the Fair Market Rent (FMR) rate as established by the Department of Housing and Urban Development (HUD) in the annual Santa Ana-Anaheim-Irvine, CA HUD Metro FMR Area; and/or 199
11 b. Evidence the person is currently receiving at least one of the following Supplemental Security Income (SSI), State Supplementary Payments (SSP), County relief, general relief, general assistance, Cash Assistance Program for Immigrants (CAPI), California Food Assistance Program, Medi-Cal, Supplemental Nutrition Assistance Program, In- home Supportive Services (IHSS) program, California Work Opportunity and Responsibility to Kids (CalWORKs), California Tribal Temporary Assistance for Needy Families (TANF) Program, unemployment insurance, or any other public assistance program administered by the city, county, state or federal government.

3. The Community Development Director or designee may request additional documents or information regarding the request prior to issuing a determination.

4. The failure of any person to submit a completed, timely, and signed hardship waiver application, along with sufficient records that support a claim of financial hardship waiver shall be deemed a failure to exhaust the responsible person's administrative remedies with regard to any reductions of the fine(s) and processing fee.

5. Once a completed hardship waiver application is received, payment of any owed fine(s) and processing fee is stayed unless or until a written determination on the application is issued.

6. The Community Development Director or designee will review the hardship waiver application and render a determination to grant in full, grant in part, or deny the application for a hardship waiver.

7. Unless a timely appeal is filed, any amount of the fine(s) and/or processing fee as determined by the Director shall be remitted to the City or its agent within fifteen (15) days of receipt of the Director’s written decision. Such a determination shall be final and non- appealable.

F. The City or its agent may use all available legal and equitable remedies to collect any past due fine(s),remaining balance of fine(s), the citation processing fee,and any other related costs.

G. No waiver for payment of fine(s) and appeal rights. Under no circumstances shall the payment of the fine designated in the administrative citation constitute a waiver of the citee's right to a hearing. Therefore, a citee may pay the fine along with the processing fee within the twenty-one (21) thirty (30) days from the date of service of the administrative citation and appeal period and also obtain a hearing to protest the imposition of the fine(s), provided that the citee makes a timely request for a hearing pursuant to 1.10.100.

1.10.100 Request for Administrative Hearing.

A. Any person or responsible person to whom an administrative citation was issued may appeal the citation no later than twenty-one (21) thirty (30) days from the date of service of the administrative citation by:
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12 1. Attaching Filing a written document which shall contain the following information and submitting it along with the citation within such prescribed period; a. The citation number;
b. The name, address, telephone, and email, of each person appealing the citation;
c. A statement of the reason(s) why a citation is being appealed; d. The date and signature of each person appealing the citation.

2. Filing the appeal of the administrative citation and payingthe administrative citation appeal fee with the City or its agent.

B. The amount of the administrative citation appeal fee imposed pursuant to this Chapter shall be as established by resolution of the City Council.

C. The person requesting the hearing shall be notified by certified mail, return receipt requested, or posting of the time and place of the hearing at least ten (10) days before the date of the hearing. Any documentation, other than the administrative citation, which the officer or official has submitted or will submit to the hearing officer shall be served on the person requesting the hearing pursuant to Section 1.10.070, at least five (5) days before the date of the hearing.

1.10.110 Time for Administrative Hearing.

Only after a request for hearing has been filed and the appeal fee paid shall the City or its agent set the place, date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days after the request for hearing has been filed. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing by certified mail, return receipt, or posting at least ten (10) days before the date of the hearing.

1.10.120 Request for Continuance of Hearing.

The person or responsible person requesting a hearing may request one continuance, but in no event may the hearing begin later than sixty (60) days after the original request for hearing form has been filed.

1.10.130 Appointment of Administrative Hearing Officer.

The City Manager shall designate the hearing officer for the administrative citation hearing.

The hearing officer shall not be a City employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fine(s) upheld by the hearing officer. 201
13 1.10.140 Procedures at Administrative Hearing.

A. No hearing to appeal an administrative citation before a hearing officer shall be held unless and until a request for hearing and appeal fee has been completed.

B. The hearing officer shall only consider evidence that is relevant to whether the person or responsible person is allowing, causing, committing, continuing, permitting or maintaining a violation of the Code or other applicable state or county code on the date(s) specified in the administrative citation.

C. The person appealing the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure of such person’s rights to exhaust their administrative remedies and they may be ordered to pay such fine(s) forthwith.

E. The administrative citation and any additional documents submitted by the officer or official shall constitute prima facie evidence of the respective facts contained in those documents.

F. If the officer or official submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be provided to the person requesting the hearing at least five (5) days prior to the date of the hearing.

G. At least ten (10) days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citation(s), report(s) and any other document(s) submitted or relied upon by the officer or official. No other discovery is permitted. Formal rules of evidence shall not apply.

H. The hearing officer may continue the hearing and request additional information from the officer or official, and/or the recipient of the administrative citation prior to issuing a written decision.

1.10.150 Failure to Attend Administrative Hearing.

If the person or responsible person fails to attend the scheduled hearing, the hearing will proceed without the person or responsible person, and they will be deemed to have waived their right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in Section 1.10.110, if service of the administrative citation is made by posting of the citation on real property within the city or state in which the person or responsible person has a legal interest, and the person or responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the person or responsible person’s failure to attend the scheduled hearing then the such person shall be entitled to an administrative hearing.
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14 1.10.160 Decision of Administrative Hearing Officer.

A. No later than ten (10) days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision to uphold or cancel dismiss the administrative citation. The hearing officer shall set forth the reason(s) for the decision. The decision shall be served upon the person or responsible person by the applicable method set forth in Section 1.10.070.

B. If the hearing officer upholds the administrative citation, then the hearing officer shall specify in the decision a payment schedule for which any unpaid fine(s) and processing fee are to be paid in full to the City or its agent. If such person fails at any point to pay the fine(s) and processing fee in full as conditioned by the hearing officer, then the City or its agent may pursue collections of any amount due pursuant to Section 1.10.180.

C. If the hearing officer dismisses the administrative citation, the citee shall receive a full refund of any fines or fees paid, including the appeal fee.

D. The hearing officer’s written decision is final and the responsible person shall be notified of their right to appeal as provided in Section 1.10.190.

1.10.170 Late Payment Charges.

Any person who fails to pay on or before the due date any administrative fine(s) imposed pursuant to the provisions of this Chapter, shall be liable for the payment of any applicable late payment fee set forth in Section 1.10.090.B.

1.10.180 Collection of Administrative Fine.

A. The City or its agent may use all available legal and equitable remedies to collect any past due fine(s), remaining balance of fine(s), the citation processing fee, administrative citation appeal fee and any other related costs. The City or its agent may collect any past due administrative fine(s) or late payment fees by use of any available legal means.

B. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with this Chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not limited to the recordation of a lien (secured or unsecured) with the County Recorder’s Office and/or with the California Franchise Tax Board “Inter-Agency Offset Program” (pursuant to Section 12419.10 of the Government Code).

C. The City shall be entitled to recover its attorney fees and costs arising from an action to collect an administrative fine and other charges, fees, or costs imposed in accordance with this Chapter if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A citee shall be entitled to recover their attorney fees if the City made the election to seek attorney fees at the outset of the action and the citee prevails thereon. 203
15 D. The administrative citation process described in this Chapter does not preclude the City from recovering any costs incurred by the City in performing its code compliance efforts pursuant to the Code, including, but not limited to, abatement costs and re-inspection fees.

E. The parent or legal guardian of any person who is a minor shall be liable for any fine(s) imposed upon the minor pursuant to the provisions of this Chapter. Any such fine(s) may be collected from the minor, parent or guardian.

F. The City may withhold, or refuse to issue, extend, or renew any City permit, license, or other City approval to any person, who has unpaid delinquent fine(s), interest, fees, liens or assessments due under this Chapter related to the permit, license, or approval.

1.10.190 Appeal of Decision of Administrative Hearing Officer.

A. Any person aggrieved by an administrative decision of the hearing officer may seek judicial review of the administrative hearing decision by filing an appeal with a court of competent jurisdiction in accordance with the timelines and provisions set forth in Government Code Section 53069.4(b)(1). The aggrieved person filing the appeal shall be responsible for paying the statutory filing fee to the Superior Court when the appeal is filed. The person or responsible person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the person or responsible person fails to timely file a notice of appeal with the court, the hearing officer’s decision shall be deemed confirmed.

B. No appeal is permitted from an administrative decision regarding:

1. A request for preliminary administrative citation review or hardship waiver;

2. An extension of the thirty (30) calendar day correction period for building violations;

3. A decision that the responsible person is deemed to have abandoned the appeal of the administrative citation or fine(s) due to their failure to appear at the administrative hearing or failure to deposit the fine.

C. Any appeal to the Superior Court shall require the appealing person to deposit the fine(s) listed on the citation with the City or its agent prior appearing at the court hearing.

D. The city attorney shall forward to the Superior Court within fifteen (15) calendar days of its request, the pertinent administrative citation documents for any case appealed to that court. If the Superior Court cancels dismisses any administrative citation, the City shall refund any fine(s) deposit made within thirty (30) calendar days of its receipt of the court’s decision.

1.10.200 Failure to Pay an Administrative Fine.

It is unlawful for any person or responsible person to fail to pay an administrative fine in violation of this Chapter. The filing of a criminal action does not preclude the City from using any 204
16 other legal remedies available to gain compliance with the administrative order or provisions contained in this Chapter.
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ORDINANCE NO. 04-23

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 1.10 TO THE

ORANGE MUNICIPAL CODE RELATING TO
ADMINISTRATIVE CITATIONS.

WHEREAS, California Government Code Section 53069.4 authorizes the City Council to adopt an ordinance which makes any violation of the Orange Municipal Code (“OMC”) subject to an administrative fine; and
WHEREAS, the City Council desires to adopt an ordinance pursuant to Government Code Section 53069.4 making any violation of the Orange Municipal Code subject to an administrative fine; and
WHEREAS, Government Code Section 53069.4 also authorizes the City to establish the procedures governing the imposition, enforcement, collection, and administrative review of those administrative fines; and
WHEREAS, amendment of the OMC to add an administrative citation process will:
(1) Promote and protect the public health, safety and welfare of the residents of this City;
(2) Help ensure compliance with the OMC and state codes, ordinances and regulations in a timely and efficient manner;
(3) Provide for an administrative process to appeal the imposition of administrative citations and fines and provide those cited with the right to a fair hearing without the need for legal counsel; and
(4) Reduce the burden on the judicial system and minimize the time and expense of defending the citation by the person cited.

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

SECTION I:

The Ordinance is not a “project” subject to the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 because it involves an organizational and administrative activity of the City of Orange that will not result in direct or indirect physical changes in the environment.

SECTION II:

New Chapter 1.10 of the Orange Municipal Code (General Provisions – Administrative Citations) is hereby added to read as follows:
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2 Chapter 1.10

ADMINISTRATIVE CITATIONS

1.10.010 Purpose and Intent.

1.10.020 Authority and Scope.

1.10.030 Definitions.

1.10.040 Administrative Citation.

1.10.050 Administrative Citation – Violation.

1.10.060 Content of Administrative Citation.

1.10.070 Procedure for Serving Administrative Citation.

1.10.080 Administrative Fine.

1.10.090 Payment of Administrative Fine.

1.10.100 Request for Administrative Hearing.

1.10.110 Time for Administrative Hearing.

1.10.120 Request for Continuance of Hearing.

1.10.130 Appointment of Administrative Hearing Officer.

1.10.140 Procedures at Administrative Hearing.

1.10.150 Failure to Attend Administrative Hearing.

1.10.160 Decision of Administrative Hearing Officer.

1.10.170 Late Payment Charges.

1.10.180 Collection of Administrative Fines.

1.10.190 Appeal of Decision of Administrative Hearing Officer.

1.10.200 Failure to Pay an Administrative Fine.

1.10.010 Purpose and Intent.

The City Council finds and declares that:

A. There is a need for an alternative method of enforcement for violations of the Orange Municipal Code, state or county codes, and any other applicable statues or laws.

B. This Chapter makes any violation of these provisions within this Code and applicable state or county codes subject to administrative citation and fine(s).

1. To protect the public health, safety and welfare of its citizens within the City of Orange;

2. To gain compliance with this Code and those applicable state or county codes, as well as other ordinances and regulations in a timely and efficient manner;

3. To encourage voluntary compliance with the provisions of this Code and applicable state or county codes and to eliminate nuisances for the protection and benefit of the entire community;

4. To provide for an administrative hearing process to appeal the administrative citations and fine(s) that are imposed;

6. To minimize the expense and delay where the sole other remedy is to pursue persons or responsible persons in the civil or criminal justice system.

1.10.020 Authority and Scope.

A. The City Manager or designee is authorized to promulgate procedural rules and regulations governing the administration of this Chapter.

B. The City Manager shall have the authority to administer and enforce these provisions of this Chapter.

3. When the violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning regulations that create an immediate danger to health, safety, or the welfare of the community, a citation may be issued forthwith. 208
4 4. An officer or official of a department may issue a citation for a violation not committed in their presence if it is determined through an investigation that the person or responsible person cited did commit, aid or abet the commission of a violation of this Code.

5. When the violation pertains to sidewalk vending, an administrative citation may only be issued as set forth in Chapter 5.54.

C. The City Manager may dismiss a citation at any time if determination is made that it was issued in error, in which event any deposit of fine(s) and appeal fees shall be refunded.

Notice of such action shall be given to the person or responsible person in writing.

D. Any officer or official from a department is hereby authorized to issue an administrative citation to any person or responsible person found in violation of the Code.

E. Any officer or official authorized to issue an administrative citation shall be subject to the City’s Conflict of Interest Code.

1.10.030 Definitions.

The following words and phrases, when used in the context of this chapter, shall have the following meanings:
“Administrative citation” means any citation issued pursuant to this Chapter by an officer or official to any person or responsible person for violation of the Code. “Administrative hearing” means an oral proceeding before a hearing officer regarding the administrative citation.
“Building and safety violation” means any violation of this Code, which may also pertain to building, housing, plumbing, electrical, mechanical or other similar structural or zoning regulations, including regulations or laws set forth in Titles 15, 16 and 17 of this Code. “Building Official” means the manager of building and safety services for the City of Orange.
“Citee” means a responsible person to whom a citation is issued. “City” means the City of Orange.
“City Manager” means the City Manager of the City, or designated representative. “Code” includes: (1) the entire Orange Municipal Code and any other Code or regulation incorporated therein by adoption or reference, excluding any nonobjective design or aesthetic standard imposed by discretionary review, (2) any uncodified ordinance adopted by the Orange City Council, and (3) any and all applicable county and state laws, codes or regulations. 209
5 “Correction period” means the period of time allowed for a person or responsible person cited to correct a violation shown on an administrative citation and/or notice of violation. “Department” means the department and its division(s) or a director who are responsible for administering the Code. The department may be any of the following: Police Department, Community Services Department, Fire Department, Community Development Department, Public Works Department, Finance Department and/or any other department or division authorized by the City Manager to issue administrative citations pursuant to this Chapter. “Director” means a head of a Department, or designee, who is authorized by the City Manager to administer and enforce the Code.
“Hearing Officer” includes a private entity, organization or association with professional experience conducting administrative hearings, or a public official, or duly constituted reviewing authority or commission that the City Manager designates or appoints to consider all timely requests for an administrative hearing upon issuance of a citation. “Officer” or “official” means any City officer, official or employee of a department who is designated by the City Manager with the authority to administer, enforce or regulate those sections of the City code or applicable state or county codes which are specific to their scope of duties, assignment or outlined in their job description, in accordance with the provisions of this Code. “Land use approval” means any approval required for a particular use of land, including, but not limited to permits, licenses, conditional use permits, variances or subdivision maps. “Legal interest” means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument, which is recorded with the county recorder.
“Minor” means minor child under the age of 18.
"Notice of violation" means any form or variations of titles of a written notice provided by any officer or official of a department issued to any person or responsible person to inform such person of violation(s) of the Code and to advise such person of the date that such violation(s) must be corrected in order to avoid the issuance of an administrative citation. “Person” means and includes any natural person, minor, legal entity, owner, firm, association, joint venture, major stockholders, joint stock company, partnership, organization, club, company, corporation, general partners, business, trust, fiduciaries, trustees, heirs, executors, administrators or their manager, lessee, agents, servants, officers, or employee of any of them. “Responsible person” means any person who an officer or official determines is responsible for causing or maintaining a violation of the Code. The term “responsible person” includes, but is not limited to a property owner, tenant, independent contractor, or person in possession of real property, or an owner or authorized agent or person of any business, company or entity, or the holder or the agent of the holder of any land use approval or any other permit, license or entitlement.
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6 “Violation” means an act or omission of any act, or use or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. A “transient” violation is one that is brief or spontaneous in its commission, or that is not typically confined to a fixed location. A “non-transient” violation is continuing in nature and generally present at one location.

1.10.040 Administrative Citation.

1.10.050 Administrative Citation – Violation.

A. General Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a Code violation, as defined in this Chapter, that does not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. The issuance of an administrative citation may be issued by any officer or official of that department after noncompliance with a notice of violation or to a repeat offender of the same offense within a twelve-month period.

1. Each and every day a violation of this Code or applicable state or county code exists constitutes a separate and distinct offense.

2. Any person or responsible person violating any provisions of this Code is subject to being issued an administrative citation by any officer or official from that department.

3. Administrative fine(s) shall be assessed by means of an administrative citation issued by the officer or official and shall be payable directly to the City or its agent.

4. Fine(s) shall be assessed in the amounts specified in Section 1.10.080.

5. Every person or responsible person who applies for and receives a license or permit, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances, etc.) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement, excluding violations of any nonobjective design or aesthetic standard imposed by discretionary review, they may be issued an administrative citation and be liable for fine(s) under the provisions of this Chapter.

6. The City may take into consideration the fact that a person or reasonable person has been issued an administrative citation when the City is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other 211
7 entitlement regarding that person or property, and such administrative citations are evidence that the person has committed a violation of the Code.

2. If a building violation has not been corrected by the end of the correction period, the officer or official has the authority to issue the person or responsible person a second administrative citation for failing to comply with the notice of violation(s). The person or responsible person to whom the notice of violation was issued shall be liable for and shall pay to the City or its agent the fine(s) described in the administrative citation by the date prescribed for payment pursuant to Section 1.10.090.A. A third administrative citation may be issued and additional fine(s) imposed for every day the violation continues uncorrected from the date of issuance of the second administrative citation. The fourth and subsequent violation of the same Code shall be prosecuted as a misdemeanor citation or any other remedy available to the City pursuant to Section 1.10.080.B.

1.10.060 Content of Administrative Citation.

A. An administrative citation shall contain the following information:

1. Date, approximate time, and address or description of the location where the violation(s) was observed or occurred.
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8 2. The person or responsible person’s date of birth, any state-issued identification number or driver license number, height, weight, hair color, eye color, race, gender and any other description as needed or available.

3. The Code section(s) or condition(s) violated and a brief description of the violation(s).

4. An order to the person or responsible person to correct the violation(s) within the time specified, and an explanation of the consequences of failure to correct the violation(s).

5. The amount of the fine for each violation.

6. If necessary, a brief description of the action required to correct the violation(s).

7. An order prohibiting the continuation or repeat occurrence of the Code violation(s) described in the administrative citation.

8. An explanation of how the fine(s) shall be paid and the time period by which and the place to which it shall be paid.

10. Identification of rights of appeal, including the time within which the citation may be appealed and the manner in which to request a hearing to appeal the administrative citation.

11. The name of the officer or official of that department including their employee identification number and, if possible, the signature of the person or responsible person.

B. Any other information deemed necessary for enforcement or collection purposes.

C. Any other information deemed necessary by the City Manager.

1.10.070 Procedure for Serving Administrative Citation.

An administrative citation or notice may be served by any one of the following methods:

A. Personal Service. An officer or official shall attempt to locate and personally serve the person or responsible person and obtain the signature of such person on the administrative citation. If the person or responsible person served refuses or fails to sign the administrative 213
9 citation, the failure or refusal to sign shall not affect the validity of the administrative citation or the subsequent proceedings.

1.10.080 Administrative Fine
A. General Code Violation. Pursuant to Government Code Section 36900(b), fine(s) associated with the issuance of an administrative citation for violations of a City ordinance are hereby adopted. A misdemeanor citation may be issued to any person or responsible person who has committed a fourth or subsequent violation of the same Code within one year from the date of the first administrative citation or the City may at its discretion utilize any additional remedies available in seeking compliance.

C. Sidewalk Vending Permit Violation. Fine(s) and penalty(ies) pursuant to Government Code Section 51039(a)(1), (2) and (3)(A), for an administrative citation for a 214
10 Sidewalk Vending Permit violation are hereby adopted and regulated under Chapter 5.54 of the Code.

1.10.090 Payment of Administrative Fine.

A. The fine(s) and the administrative citation processing fee shall be paid to the City or its agent within thirty (30) days from the date of service of the administrative citation unless one or both of the following occurs:

1. The responsible person files a hardship waiver with the Director of Community Development as provided herein, justifying reduction or elimination of the fine(s) and processing fee.

2. The responsible person files a timely appeal along with the appeal fee pursuant to Section 1.10.100.

C. Any administrative citation fine(s), the citation processing fee and administrative citation appeal fee paid pursuant to Section 1.10.090.A and 1.10.100.A.2 shall be refunded in accordance with Section 1.10.160, if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation, the citation was issued in error, or that there was no violation as charged in the citation.

1. The person wishing to apply for a hardship waiver must timely complete a city-approved hardship waiver application and deliver it, together with any supporting documents listed below within fifteen (15) days from the date of service of the administrative citation(s), to the Code Compliance Division of the Community Development Department. 215
11 2. The Code Compliance Division shall not grant the hardship waiver unless the person seeking the request submits a sworn declaration under penalty of perjury, together with supporting documents, which show that they have made a bona fide effort to comply with the Code after the violation and that payment of the full amount of the fine would impose an undue financial burden on them. Such legible copies of documents suitable for consideration may include, but are not limited to:
a. Copy of the person's prior tax year federal or state tax returns showing adjusted gross income that meets the income limit requirements based on the Fair Market Rent (FMR) rate as established by the Department of Housing and Urban Development (HUD) in the annual Santa Ana-Anaheim-Irvine, CA HUD Metro FMR Area; and/or b. Evidence the person is currently receiving at least one of the following Supplemental Security Income (SSI), State Supplementary Payments (SSP), County relief, general relief, general assistance, Cash Assistance Program for Immigrants (CAPI), California Food Assistance Program, Medi-Cal, Supplemental Nutrition Assistance Program, In- home Supportive Services (IHSS) program, California Work Opportunity and Responsibility to Kids (CalWORKs), California Tribal Temporary Assistance for Needy Families (TANF) Program, unemployment insurance, or any other public assistance program administered by the city, county, state or federal government.

3. The Community Development Director or designee may request additional documents or information regarding the request prior to issuing a determination.

5. Once a completed hardship waiver application is received, payment of any owed fine(s) and processing fee is stayed unless or until a written determination on the application is issued.

F. The City or its agent may use all available legal and equitable remedies to collect any past due fine(s), remaining balance of fine(s), the citation processing fee, and any other related costs.
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12 G. No waiver for payment of fine(s) and appeal rights. Under no circumstances shall the payment of the fine designated in the administrative citation constitute a waiver of the citee's right to a hearing. Therefore, a citee may pay the fine along with the processing fee within the thirty (30) days from the date of service of the administrative citation and appeal period and also obtain a hearing to protest the imposition of the fine(s), provided that the citee makes a timely request for a hearing pursuant to 1.10.100.

1.10.100 Request for Administrative Hearing.

A. Any person or responsible person to whom an administrative citation was issued may appeal the citation no later than thirty (30) days from the date of service of the administrative citation by:

1. Filing a written document which shall contain the following information and submitting it along with the citation within such prescribed period; a. The citation number;
b. The name, address, telephone, and email, of each person appealing the citation;
c. A statement of the reason(s) why a citation is being appealed; d. The date and signature of each person appealing the citation.

2. Filing the administrative citation appeal fee with the City or its agent.

B. The amount of the administrative citation appeal fee imposed pursuant to this Chapter shall be as established by resolution of the City Council.

1.10.110 Time for Administrative Hearing.

1.10.130 Appointment of Administrative Hearing Officer.

The City Manager shall designate the hearing officer for the administrative citation hearing.

1.10.140 Procedures at Administrative Hearing.

A. No hearing to appeal an administrative citation before a hearing officer shall be held unless and until a request for hearing and appeal fee has been completed.

C. The person appealing the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

E. The administrative citation and any additional documents submitted by the officer or official shall constitute prima facie evidence of the respective facts contained in those documents.

1.10.160 Decision of Administrative Hearing Officer.

A. No later than ten (10) days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision to uphold or dismiss the administrative citation. The hearing officer shall set forth the reason(s) for the decision. The decision shall be served upon the person or responsible person by the applicable method set forth in Section

1.10.070.

C. If the hearing officer dismisses the administrative citation, the citee shall receive a full refund of any fines or fees paid, including the appeal fee.

D. The hearing officer’s written decision is final and the responsible person shall be notified of their right to appeal as provided in Section 1.10.190.

1.10.170 Late Payment Charges.

1.10.180 Collection of Administrative Fine.

B. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with this Chapter shall constitute a debt that may be collected in any manner allowed by law, 219
15 including, but not limited to the recordation of a lien (secured or unsecured) with the County Recorder’s Office and/or with the California Franchise Tax Board “Inter-Agency Offset Program” (pursuant to Section 12419.10 of the Government Code).

D. The administrative citation process described in this Chapter does not preclude the City from recovering any costs incurred by the City in performing its code compliance efforts pursuant to the Code, including, but not limited to, abatement costs and re-inspection fees.

1.10.190 Appeal of Decision of Administrative Hearing Officer.

B. No appeal is permitted from an administrative decision regarding:

1. A request for preliminary administrative citation review or hardship waiver;

2. An extension of the thirty (30) calendar day correction period for building violations;

C. Any appeal to the Superior Court shall require the appealing person to deposit the fine(s) listed on the citation with the City or its agent prior appearing at the court hearing. 220
16 D. The city attorney shall forward to the Superior Court within fifteen (15) calendar days of its request, the pertinent administrative citation documents for any case appealed to that court. If the Superior Court dismisses any administrative citation, the City shall refund any fine(s) deposit made within thirty (30) calendar days of its receipt of the court’s decision.

1.10.200 Failure to Pay an Administrative Fine.

It is unlawful for any person or responsible person to fail to pay an administrative fine in violation of this Chapter. The filing of a criminal action does not preclude the City from using any other legal remedies available to gain compliance with the administrative order or provisions contained in this Chapter.

SECTION III:

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

SECTION IV:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
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17 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 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
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Agenda Item
City Council
Item #: 9.1. 5/9/2023 File #: 23-0262
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public Hearing to consider the FY2023-2024 Annual Action Plan for use of Community Development Block Grant and HOME Investment Partnerships Funding.

2. SUMMARY
Request to approve the funding for proposed public projects, non-profit agency programs and administration under the Community Development Block Grant and HOME Investment Partnerships Program.

3. RECOMMENDED ACTION

1. Approve the draft Fiscal Year 2023-2024 Annual Action Plan and authorize the City Manager or his designee to execute the Fiscal Year 2023-2024 Memorandum of Understanding with City departments, subrecipient agreements with non-profit agencies, and all related U.S. Department of Housing and Urban Development documents.

2. Authorize staff to incorporate comments received at the Public Hearing or make changes if needed into the Annual Action Plan before submitting to the Department of Housing and Urban Development.

4. FISCAL IMPACT
All public projects, programs, and administration will be fully funded by the Community Development Block Grant Fund (310) and HOME Investment Partnerships Program (317).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
The City receives annual federal funds from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME) programs for the benefit of primarily low- and moderate-income residents. The funds are allocated to projects and programs that include street improvements, handicap accessibility improvements, after-school programs, supportive services, and to increase the supply of affordable housing.

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Citizen Participation Plan Process
The City advertised the availability of CDBG funds on March 30, 2023, in the Anaheim Bulletin. Two Public Hearings and one Public Meeting were held to solicit input from nonprofit organizations and encourage residents to participate in the Fiscal Year (FY) 2023-2024 Annual Action Plan process.

The Action Plan is required annually by HUD and outlines the City’splan for the use of funds in order to receive the funds.

The first Public Hearing was held on February 21, 2023, with the CDBG Committee (Committee) to hear eligible applicant presentations. The subject City Council Public Hearing is the second Public Hearing required for Council consideration and adoption of the funding recommendations made by the Committee. A Public Meeting was held on March 16, 2023, with the Committee during which it deliberated and reached consensus on the proposed funding recommendations presented to City Council with this report.

CDBG
The allocation for CDBG will be $1,034,444. The category limits are based on not-to-exceed caps set by HUD as follows:
· 20% or $206,888.80 for administration
· 15% or $155,166.60 for public service activities
· 65% or $672,390.60 for public facilities projects
This year, the City received a total of 11 applications for a total request of:
· $330,000 for public service activities
· $1,371,981 for public facilities projects
Factors used to determine funding recommendations included:
· Project eligibility
· Program description
· Organizational capacity and experience
· Goals and outcomes
· Budget
· Past performance goals
· Audit review
· Funding local priorities
In order to increase available resources for public services, the Fair Housing Foundation is recommended to be paid out of the administrative category as it is a qualifying expense.

Additionally, a proposal for a public restroom at the El Modena Basin, outside of the application process, was proposed to the Committee for consideration under the Public Facilities category. The Committee voted to recommend the project to Council, along with the funding recommendations for the projects and programs in Attachment 2 of this report.

HOME
The allocation for HOME will be $432,231. The category limits are based on caps set by HUD as follows:
· 10% or $43,223.10 for administration
· 15% or $64,834.65 for CHDO - Community Housing Development Organization nonprofit organizations that are rooted in neighborhoods and support the idea of community-led City of Orange Printed on 5/4/2023Page 2 of 3
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revitalization, which the HOME Program and other HUD programs promote. · 75% or $324,173.25 for developer projects
In FY24, the City will be looking to establish a Tenant Based Rental Assistance (TBRA) Program that will work with local service providers such as the Homeless Resource Center to assist individuals and families in need. The guidelines for the program are being developed and will be brought to Council at a later date for consideration. The recommendation is to identify $150,000 to begin the program in FY24.

Staff recommends the approval of the CDBG funding recommendations and authorization to include the recommendations in the FY2023-24 Annual Action Plan.

7. ATTACHMENTS
· Fiscal Year 2023-2024 Draft Annual Action Plan
· Fiscal Year 2023-2024 CDBG Funding Recommendation Summary City of Orange Printed on 5/4/2023Page 3 of 3
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Agenda Item
City Council
Item #: 9.1. 5/9/2023 File #: 23-0262
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public Hearing to consider the FY2023-2024 Annual Action Plan for use of Community Development Block Grant and HOME Investment Partnerships Funding.

3. RECOMMENDED ACTION

2. Authorize staff to incorporate comments received at the Public Hearing or make changes if needed into the Annual Action Plan before submitting to the Department of Housing and Urban Development.

4. FISCAL IMPACT
All public projects, programs, and administration will be fully funded by the Community Development Block Grant Fund (310) and HOME Investment Partnerships Program (317).

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Item #: 9.1. 5/9/2023 File #: 23-0262
Citizen Participation Plan Process
The City advertised the availability of CDBG funds on March 30, 2023, in the Anaheim Bulletin. Two Public Hearings and one Public Meeting were held to solicit input from nonprofit organizations and encourage residents to participate in the Fiscal Year (FY) 2023-2024 Annual Action Plan process.

The Action Plan is required annually by HUD and outlines the City’splan for the use of funds in order to receive the funds.

HOME
The allocation for HOME will be $432,231. The category limits are based on caps set by HUD as follows:
· 10% or $43,223.10 for administration
· 15% or $64,834.65 for CHDO - Community Housing Development Organization nonprofit organizations that are rooted in neighborhoods and support the idea of community-led City of Orange Printed on 5/4/2023Page 2 of 3
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Item #: 9.1. 5/9/2023 File #: 23-0262
revitalization, which the HOME Program and other HUD programs promote. · 75% or $324,173.25 for developer projects
In FY24, the City will be looking to establish a Tenant Based Rental Assistance (TBRA) Program that will work with local service providers such as the Homeless Resource Center to assist individuals and families in need. The guidelines for the program are being developed and will be brought to Council at a later date for consideration. The recommendation is to identify $150,000 to begin the program in FY24.

Staff recommends the approval of the CDBG funding recommendations and authorization to include the recommendations in the FY2023-24 Annual Action Plan.

7. ATTACHMENTS
· Fiscal Year 2023-2024 Draft Annual Action Plan
· Fiscal Year 2023-2024 CDBG Funding Recommendation Summary City of Orange Printed on 5/4/2023Page 3 of 3
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Orange qualifies as an Entitlement Jurisdiction for Community Development Block Grant (CDBG) funds and a Participating Jurisdiction for HOME Investment Partnerships (HOME) funds. The U.S.

Department of Housing and Urban Development (HUD) allocates these funds to the City annually. The FY 2023-24 Action Plan is the fourth Annual Action Plan of the 2020-2024 Consolidated Plan and provides a concise summary of the actions, activities, and the specific federal and other resources that will be used to address the priority needs identified by the Consolidated Plan.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City of Orange conducted a community needs assessment during the preparation of the five-year strategic plan (The 2020-2024 Consolidated Plan) and identified the following high priority needs:
 Increase the supply of affordable housing through rental assistance, new construction, and acquisition/rehabilitation projects.
 Provide fair housing for all economic segments and special needs households.  Continue to financially support homeless facilities and agencies that address service needs of the homeless and those at risk of becoming homeless.
 Improve the quality of existing community services, facilities, and infrastructure to serve low- and moderate- income neighborhoods.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City and the CDBG Program Committee considered the past performance of the CDBG subrecipients when determining the allocation of CDBG funds to proposed FY 2023-24 activities. The CDBG Program Committee considered funding requests from nonprofit organizations based upon the proposed benefit to low- and moderate- income residents, their experience in carrying out the proposed activities, and 229
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meeting the CDBG requirements. CDBG funding was allocated only to activities that address the high priority needs of the 2020-2024 Consolidated Plan.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

The City advertised the availability of CDBG funds on March 30, 2023, in the Orange City News and held two Public Hearings on February 21, 2023 (CDBG Program Committee), and May 9, 2023 (City Council) and one public meeting on March 16, 2023 (CDBG Committee).

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

The 30-day public review period for the Draft Action Plan started Thursday, March 30, 2023 and ended on Monday, May 1, 2023. However, the City continued to accept public comments up until submittal to HUD.

No public comments were received during the public review period.

6. Summary of comments or views not accepted and the reasons for not accepting them No comments or views were received.

7. Summary
The City allocated the CDBG funds to primarily benefit low- and moderate- income households. The CDBG beneficiaries are either income-qualified residents that receive direct services or residents of neighborhoods where at least 51 percent of the population is low and moderate Income.

The City received the following amounts for FY 2023-24:

1. CDBG - $1,034,444

2. HOME - $432,231
See Section AP-35 Projects for a detailed description of each activity. Below is a summary of the CDBG activities and allocations:
 Program Administration - $206,888 in CDBG funds for program administration and fair housing activities.
 Public Facilities – $672,390 in CDBG funds for street improvements and public facilities projects.  Public Services –$155,166 in CDBG funds for public services activities. 230
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For HOME funds, the City is proposing to establish a Tenant Based Rental Assistance Program beginning on July 1, 2023. Guidelines are under development and will be subject to City Council approval. New proposed projects for the remaining HOME balance available will be subject to CDBG Committee and City Council approval. The City is exempt from the 25% match requirement. HOME specific percentage cap requirements for the HOME Allocation of $432,231 and the amounts planned for Administration, and caps are calculated as follows:
 Program Administration - $43,223 in HOME funds for the planning and administration of the program.
 CHDO Set-Aside - $64,834 for affordable housing developments by a CHDO.  Affordable Housing Development - $324,172 for affordable housing development. 231
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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator ORANGE Community Development
Department
HOME Administrator ORANGE Community Development
Department
Table 1 – Responsible Agencies
Narrative (optional)
Consolidated Plan Public Contact Information
Jessica Herrera
Senior Administrative Analyst
Community Development Department
300 East Chapman Avenue, Orange, California 92866
Telephone: (714) 744-7270 Fax: (714) 744-7222
E-Mail: [email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City advertised the availability of CDBG funds, solicited input from nonprofit agencies, and encouraged residents to participate in the development of the FY 2023-24 Action Plan through a variety of methods. This included publishing an ad in the Orange City News , announcing its availability on the City’s website, and notifying local nonprofit agencies by email.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
Staff maintains a close working relationship with the Orange County Housing Authority. The City is home to regional hospitals including UC Irvine Medical Center, Children's Hospital of Orange County (CHOC), and Providence St. Joseph Hospital of Orange. Ensuring access to quality medical care is an important priority for our assisted housing providers. The City also supported the Orange County’s Mental Health Agency efforts in setting up a mental health facility in Orange to serve low- income populations faced with mental health issues.

In addition, the City used Community Development Block Grant CARES Act Funding (CDBG-CV) funds towards supportive services at the Hub Resource Center (HRC), located in the City of Orange, that provides services to the city’s most vulnerable population. As part of the services offered, on-site appointments and consultations with private and government health, mental health, and services agencies are coordinated and facilitated. Referrals and assistance is also provided to clients seeking public and assisted housing by HRC partners including the Orange Police Department’s Homeless Engagement. Assistance & Resources Team (HEART), Volunteers of America (VOA), and the Orange County Health Agency.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The County of Orange is the lead agency coordinating Continuum of Care for the entire county. The City of Orange supports the County of Orange's efforts to develop effective programs to address the needs of homeless persons, including the 10-Year Plan to end Homelessness. The City supports the Orange County Housing Authority’s (OCHA’s) applications for a variety of programs to address needs of the homeless and those at risk of homelessness.

Additionally, the City used CDBG-CV funds for the HRC where Continuum of Care services to the homeless, both individuals and families, and persons at risk of homeless are centralized to allow the greater access and opportunity for follow-up with service agencies to assist the most vulnerable populations. Continuum 233
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of Care partners hold one-on-one consultations with clients on site, and if needed, the HRC will also arrange for transportation or other assistance to clients with access to care and services needed.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Orange is not a recipient of ESG funds.

2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Assistance League of Orange Agency/Group/Organization Type Services-Children
Services-Health
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The City consulted the appropriate agencies for the development of the FY 2023-24 Action Plan through holding a series of meetings and public hearings before the CDBG Committee and the City Council. The outcome of these consultations is the result of the proposed activities for funding with FY2023- 24 CDBG funds.
2 Agency/Group/Organization Friendly Center, Inc.

Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Health
What section of the Plan was addressed by Consultation? Anti-poverty Strategy Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The City consulted the appropriate agencies for the development of the FY 2023-24 Action Plan through holding a series of meetings and public hearings before the CDBG Committee and the City Council. The outcome of these consultations is the result of the proposed activities for funding with FY2023- 24 CDBG funds.
3 Agency/Group/Organization Fair Housing Foundation
Agency/Group/Organization Type Housing
Service-Fair Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment 235
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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The City consulted the appropriate agencies for the development of the FY 2023-24 Action Plan through holding a series of meetings and public hearings before the CDBG Committee and the City Council. The outcome of these consultations is the result of the proposed activities for funding with FY2023- 24 CDBG funds.

Agency/Group/Organization South County Outreach
Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Housing Assistance
What section of the Plan was addressed by Consultation? Anti-poverty Strategy Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The City consulted the appropriate agencies for the development of the FY 2023-24 Action Plan through holding a series of meetings and public hearings before the CDBG Committee and the City Council. The outcome of these consultations is the result of the proposed activities for funding with FY2023- 24 CDBG funds.

Agency/Group/Organization The Priority Center
Agency/Group/Organization Type Services-children
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The City consulted the appropriate agencies for the development of the FY 2023-24 Action Plan through holding a series of meetings and public hearings before the CDBG Committee and the City Council. The outcome of these consultations is the result of the proposed activities for funding with FY2023- 24 CDBG funds.

Agency/Group/Organization Orange Unified Public Schools Foundation 236
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Agency/Group/Organization Type Services-children
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The City consulted the appropriate agencies for the development of the FY 2023-24 Action Plan through holding a series of meetings and public hearings before the CDBG Committee and the City Council. The outcome of these consultations is the result of the proposed activities for funding with FY2023- 24 CDBG funds.

Identify any Agency Types not consulted and provide rationale for not consulting The City issued a Notice of Funding Availability inviting all agencies to participate.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care County of Orange The City collaborates with the County of Orange to implement strategic goals and policies under the Continuum of Care.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City advertised the availability of CDBG and HOME funds, held public meetings, solicited input from nonprofit agencies, and encouraged residents to participate in the development of the FY 2023-24 Action Plan through a variety of methods. The feedback received through this process was considered when setting program goals.
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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comme
nts not accepted
and reasons
URL (If
applicable)
1 Newspaper Ad
Non-
targeted/broad
community
nonprofits and city
departments
Notice of Funding
Availability was
published in Orange
City News, City's web
site.

N/A N/A N/A
2 Email nonprofits and city
departments
Notice of Funding
Availability was
emailed to nonprofit
agencies on the City's
CDBG Program
interest list and those
who expressed
interest.

N/A N/A N/A
3 Public Hearing
Non-
targeted/broad
community
The CDBG Committee
held a public hearing
on February 21, 2023
Agencies in
attendance
discussed

N/A N/A
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Table 4 – Citizen Participation Outreach
nonprofit agencies
and city
departments
with representatives
from nonprofit
agencies to receive
presentations on the
project/program
proposals by nonprofit
agencies and various
city departments.
programs, projects,
and community
needs.
4 Public Meeting
Non-
targeted/broad
community
nonprofit agencies
and city
departments
The CDBG Program
Committee held a
public meeting on
March 16, 2023
discuss funding
recommendations on
the project/program
proposals by nonprofit
agencies and various
city departments.

The CDBG
committee
discussed
programs and
projects and
developed funding
recommendations
with contingencies
for the final
allocation
announcement.

N/A N/A
5 Public Hearing
Non-
targeted/broad
community
nonprofit agencies
and city
departments
The City Council held a
public hearing on May
9, 2023 to review and
approve the FY2023-
24 AAP draft funding
recommendations.

No public
comments were
received at the
public hearing.

N/A N/A
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income. The City allocates CDBG funds for a variety of activities including fair housing services, public services, and street improvements.

Eligible activities under the HOME Program include acquisition, rehabilitation, homebuyer assistance, and rental assistance. The City will allocate HOME funds for tenant based rental assistance and other eligible activities such as acquisition, rehabilitation, and development of affordable rental housing.

The City may access federal, State, and local resources to achieve its housing and community development priorities. Specific funding sources will be used based on the opportunities and constraints of each particular project or program. The City will focus its resources and efforts on a variety of activities and leverage federal and local funds to maximize the number of households that can be assisted. The uses of funds shown in the following table are potential uses. The City does not allocate its CDBG or HOME funds to all of the categories listed.
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Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation: $
Program
Income: $
Prior Year
Resources: $
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services $1,034,444 0 0 1,034,444 1,205,430
The City allocates CDBG funds for a
variety of activities including fair
housing services, street
improvements, and public
services.
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation: $
Program
Income: $
Prior Year
Resources: $
Total:
$
HOME public -
federal
Acquisition,
Homebuyer
assistance,
Homeowner
rehab,
Multifamily
rental new
construction,
Multifamily
rental rehab,
New
construction
for ownership,
and
TBRA $432,231 0 $100,949 $533,180 $541,393
The City allocates HOME funds for
the acquisition, rehabilitation, or
development of affordable rental
housing. Additionally, Tenant-
based rental assistance will be a
new activity in the new program
year.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City's primary funding sources are CDBG and HOME funds. Other sources of competitive funding to address housing and community development needs include: former Redevelopment Agency set-aside funds to assist with affordable housing development funding, Permanent Local Housing Allocation (PLHA) funds used to fund two navigation centers in Buena Park and Placentia, and HOME American Rescue Plan (HOME- ARP) to assist the most vulnerable populations, including those experiencing homelessness. 243
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Developers will seek additional funding sources to leverage developer HOME funds for their respective projects. The City of Orange has been exempted from the match requirement.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
Discussion
AP-35 lists all of the FY 2023-24 Community Development Block Grant projects. 244
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome
Indicator
1 Public Facilities
Improvements
2020 2024 Non-Housing
Community
Development
City of
Orange
Public Facilities and
infrastructure improvements
CDBG:
$672,390
HOME: 0
Public facility or
infrastructure
activities for
low/moderate
income housing
benefit: 61,730
households assisted.
2 Homelessness 2020 2024 Homeless City of
Orange
Homeless population CDBG: $0
HOME: $0
3 Public Service Projects 2020 2024 Non-Housing
Community
Development
City of
Orange
Public services/homeless/non-
homeless special need
CDBG:
$155,166
HOME: $0
Public service
activities for
Low/Moderate
Income Housing
Benefit: 40796
Persons Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome
Indicator
4 Multi-Family Affordable
Housing Development
2020 2024 Affordable
Housing
City of
Orange
Housing Rehabilitation and
Housing Development – New
Construction.

HOME
CHDO:
$64,834
HOME
Developer
Projects:
$174,174
11 Housing Units
5 Rental Assistance 2020 2024 Rental
Assistance
City of
Orange
Rental assistance to low and
moderate income individuals
and families
CDBG: $0
HOME:
$150,000
8 individuals or
families assisted
through the TBRA
Program
5 Administration/Planning 2020 2024 Administration City of Orange
Public facilities infrastructure
and improvements; public
services/homeless/non-
homeless special need; housing
rehabilitation and development
– new construction.

CDBG:
$206,888
HOME:
$43,223
Successful
administration of
program year and
management of
funds.

Table 6 – Goals Summary
Goal Descriptions
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1 Goal Name Public Facilities Improvements
Goal
Description
Public facilities improvements: infrastructure improvements including sewers, ADA, sidewalks, streets, etc. 2 Goal Name Homelessness
Goal
Description
No FY 23-24 CDBG funds will be allocated to homeless programs. 3 Goal Name Public Service Projects
Goal
Description
Activities such as services for low to moderate income individuals and families, fair housing, resources for homeless individuals
4 Goal Name Multi-Family Affordable Housing Development Goal
Description
Multi-Family new housing development or acquisition/rehab of existing housing for low-to-moderate income residents. 5 Goal Name Rental Assistance
Goal
Description
Rental Assistance to low-and moderate-income individuals and families. 6 Goal Name Administration/Planning
Goal
Description
Administration and planning for grant management.
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Projects
AP-35 Projects – 91.220(d)
Introduction
The FY 2023-24 Action Plan identifies priority housing and community development activities that will be undertaken to provide community services, public facilities, and decent, affordable housing to address the needs of low and moderate income residents.

Note each project below begins with one of the following codes to indicate the type of activity it is:

PS – Public Service
PF – Public Facilities and Infrastructure
AH – Affordable Housing
RN – Rental Assistance
AD – Planning and Administration
Projects
# Project Name
1 PS – Orange Fair Housing Program
2 PF – ADA Wheelchair Access Ramps
3 PF - Street Rehabilitation
4 PF – El Modena Restroom Project
5 PS – After School Community Programs
6 PS – Bike Team Program
7 PS – Operation School Bell
8 PS- Community Food Orange
9 PS – Mental Health and Wellness Centers
10 AD – Planning and Administration
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City allocates CDBG funds to activities that address the priorities of the 2020-2024 Consolidated Plan and comply with CDBG regulations. The City and the CDBG Program Committee consider funding requests 248
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from nonprofit agencies based upon the proposed benefit to low- and moderate-income residents, the agencies’ demonstrated capacity to carry out the proposed activities, the financial feasibility of the proposed activities, and the amount of funding available. 249
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AP-38 Project Summary
Project Summary Information
1 Project Name Orange Fair Housing Program
Target Area CDBG eligible areas within the City of Orange Goals Supported Fair housing
Needs Addressed Fair housing counseling
Funding CDBG: $25,000
Description Providing Fair Housing Services to low and moderate income Orange residents.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
150 low- and moderate-income persons
Location Description Low- and moderate-income areas.

Planned Activities The Fair Housing Foundation (FHF) will provide fair housing education, counseling, and enforcement; and related housing activities to affirmatively further housing laws on behalf of the City to comply with federal regulations.
2 Project Name ADA Wheelchair Access Ramps
Target Area CDBG Eligible Areas within the City of Orange Goals Supported Infrastructure improvements to benefit individuals with disabilities in low to moderate income areas
Needs Addressed Public Infrastructure improvements
Funding CDBG: $90,000
250
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Description This project includes the construction of sidewalk access ramps at various locations throughout the City. These access ramps will improve accessibility for the disabled to comply with the Americans with Disabilities Act.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
1000 low- and moderate-income disabled persons
Location Description Various city locations.

Planned Activities This project includes the construction of sidewalk access ramps at various locations throughout the City. These access ramps will improve accessibility for the disabled to comply with the Americans with Disabilities Act.
3 Project Name Street Rehabilitation
Target Area CDBG Eligible Areas within the City of Orange Goals Supported Infrastructure Improvements
Needs Addressed Infrastructure Improvements in low to moderate income areas Funding CDBG: $282,390
Description The project includes street improvements.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
7,671 low- and moderate-income persons
Location Description Flower Street Roadway Rehabilitation, La Veta Park Circle Roadway Rehabilitation, and Tularosa Neighborhood Roadway Rehabilitation.

Planned Activities Street improvement will include addressing issues with pavement distress and raveling of roadways; replacement of segments of sidewalks, driveways, curb ramps, curb and gutters.
4 Project Name El Modena ADA Restroom
Target Area Low- and Moderate-Income Areas within the City of Orange Goals Supported Facility Improvements for persons with disabilities in low to moderate income areas.
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Needs Addressed Facility Improvements
Funding CDBG: $300,000
Description Installation of an ADA Restroom at the El Modena Basin Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
500 low- and moderate-income disabled persons
Location Description 740 E Taft Avenue, Orange, CA 92865.

Planned Activities ADA Restroom at the El Modena Basin Park 5 Project Name After School Community Programs - El Camino, Grijalva, and Killefer Parks
Target Area CDBG Eligible Areas within the City of Orange Goals Supported Public Services for low to moderate income persons.

Needs Addressed Public Services for low to moderate income persons.

Funding CDBG: $40,000
Description The programs will provide supervised after-school recreation with a homework assistance component for children of ages five to 13.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
150 low-income and at-risk youth.

Location Description El Camino Real Park-400 North Main Street, Orange, CA 92866 Grijalva Park-368 North Prospect Street, Orange, CA 92869 Killefer Park-615 N. Lemon Street, Orange, CA 92868
Planned Activities The programs will provide supervised after-school recreation with a homework assistance component for children of ages five to 13. 6 Project Name Bike Patrol Program - Community Oriented Policing Target Area Low and Moderate Income Areas within the City of Orange Goals Supported Homeless outreach and resources
Needs Addressed Public services for homeless individuals 252
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Funding CDBG: $60,000
Description This program will provide a community-oriented policing strategy designed to improve the quality of life in high density housing located in Low Income areas of the City.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
10,000 low-income persons
Location Description City Parks in CDBG areas
Planned Activities This program will provide a community-oriented policing strategy designed to improve the quality of life in high density housing located in Low Income areas of the City.
7 Project Name Operation School Bell
Target Area CDBG Eligible Areas within the City of Orange Goals Supported Public services for low to moderate income persons Needs Addressed Public services for low to moderate income persons Funding CDBG: $15,000
Description This program will provide school clothing/uniforms, undergarments, shoe vouchers, and hygiene kits to Low Income elementary school (Kindergarten to Sixth Grade) students in the Orange Unified School District (OUSD).

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
205 low- and moderate-income students
Location Description 124 South Orange Street
Orange, CA 92866
Planned Activities The program will provide school clothing and hygiene kits to Low Income OUSD elementary school (Kindergarten to Sixth Grade) students.
8 Project Name Community Food Orange
Target Area CDBG Eligible Areas within the City of Orange 253
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Goals Supported Public services for low to moderate income persons Needs Addressed Public services for low to moderate income persons Funding CDBG: $15,166
Description This program will provide free food to low-income residents.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
600 low- and moderate-income persons
Location Description 147 West Rose Avenue
Orange, CA 92867
1820 North Meats Avenue
Orange, CA 92865
Planned Activities Food will be distributed on a weekly basis at two Friendly Center sites. 9 Project Name Mental Health and Wellness Centers
Target Area CDBG Eligible Area in the City of Orange
Goals Supported Public services for low- and moderate-income persons Needs Addressed Public services for low- and moderate-income persons Funding CDBG - $25,000
Description Creation of wellness center at elementary school.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
1,137 low- and moderate-income persons
Location Description Handy Elementary: 860 N. Handy Street Taft Elementary: 1829 N. Cambridge Street
Esplanade Elementary: 381 N. Esplanade Street
254
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Planned Activities Development of mental health and wellness centers equipped with comfortable age-appropriate furniture and seating, games and toys appropriate for play therapy, age-appropriate books and learning materials about mental health and wellness, sensory features for calming anxiety, and calming décor.
10 Project Name Planning and Administration
Target Area City of Orange
Goals Supported Planning and Administration of grant
Needs Addressed Public facilities infrastructure and improvements; public services/homeless/non-homeless special need; housing rehabilitation and development – new construction.

Funding CDBG: $176,888.80
HOME: $43,223
Description Planning and administration of grant funding.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
Low to moderate income individuals throughout the City of Orange.

Location Description 300 E Chapman Avenue
Planned Activities Administration and planning of grant funding. 255
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City selected projects for funding that benefit low and moderate income neighborhoods. Activities that provide direct/individual benefit will also be offered on a citywide basis to low- and moderate-income households.

Geographic Distribution
Target Area Percentage of Funds
Low- and Moderate-Income Areas 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Funds are targeted to meet the National Objective of benefitting low- and moderate-income persons.

Discussion
The City allocates its CDBG funds to public facilities projects such as street improvements, as well as public services that benefit low- and moderate-income persons. 256
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
During the needs assessment process, the City identified affordable housing as a priority need. The City takes every opportunity to allocate CDBG and HOME funds to affordable housing projects. The City will continue to solicit and work with developers to fund qualifying affordable housing in the City in FY2023-

24. The Orange County Housing Authority will continue providing Section 8 Rental Assistance/Housing Choice Vouchers to approximately 363 low-income households.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 11
Special-Needs 0
Total 11
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 363
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 363
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
See the previous portions of this section for discussion. 257
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AP-60 Public Housing – 91.220(h)
Introduction
There is no public housing in the City of Orange.

Actions planned during the next year to address the needs to public housing Not Applicable
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not Applicable
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not Applicable
Discussion
Not Applicable
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City identified unmet needs for homeless and special needs population during the needs assessment process. The City did not receive applications for homeless-related programs to allocate FY 2023-24 CDBG and HOME funds. However, the City plans to use other funding sources to provide financial assistance for the operation of the two homeless navigation centers in Buena Park and Placentia.

Additionally, the City used CDBG-CV funds for the HRC which services those experiencing homelessness and the most vulnerable populations. Services that meet special needs are provided including food, laundry, and shower services are provided, as well as one-stop location for the coordination with continuum of care agencies.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
While the City does not receive Emergency Solutions Grant (ESG) funds, the City supports the County of Orange Continuum of Care strategies to address homelessness. Additionally, the City is part of the North Orange County Service Planning Area and actively collaborates with the County of Orange and other local cities to address homeless related needs. Finally, the City gives priority and allocates CDBG funds to projects benefiting the homeless population whenever it receives applications for CDBG funds.

The City also supported the services at the HRC with CDBG-CV funds. Services at the HRC specifically focused on helping homeless individuals with accessing services and resources they need to improve their situation, including food, water and services for mental and physical well-being, job training resources, and housing needs. Due to the centralized and unique structure of the HRC, the staff is very familiar with the individual needs of clients, helping to maximize the effectiveness of the services offered and leverage other resources.

Addressing the emergency shelter and transitional housing needs of homeless persons The City continues to support projects related to homelessness by allocating CDBG funds to these projects.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were 259
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recently homeless from becoming homeless again
The City collaborates with the Orange County Housing Authority to provide Section 8 rental assistance to homeless families. The City is also working on implementing its Regional Housing Needs Assessment (RHNA) allocations mandated through the California Department of Housing and Community Development by supporting projects that create permanent housing for the homeless population or those at risk of becoming homeless (extremely low and very low income).

The City supports OCHA’s applications for Continuum of Care Program Permanent Supportive Housing Program projects. Currently, 36 households are residing in Orange with certificates for this program.

The City also supports OCHA's applications for the Housing and Urban Development-Veterans Affairs Supportive Housing (HUD-VASH) Program vouchers, which combines rental assistance with case management and clinical services for homeless veterans. The VA Medical Center in Long Beach screens and selects veterans for participation in the Program, and refers qualified veterans to OCHA, which administers the housing component of the Program. Currently, 31 Orange households are participating in the HUD-VASH Program as of January 26, 2023.

Furthermore, the City used CDBG-CV funding for services at the HRC that provides basic needs services including food, clothing, showers, and laundry, and in addition, offers access to continuum of care partners on-site in a centralized setting to ensure that individuals are able to receive the support they need. On-site partner agencies offer support for connection to housing, mental and physical wellness, and childcare needs to allow parents more opportunities to improve their situation.

The City will also be establishing a TBRA program at the City in order to assist families and individuals from becoming homeless by offering housing assistance.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City supports OCHA’s applications for the Rental Assistance for Non-Elderly Persons with Disabilities (NED) Program, which provides incremental Section 8 vouchers. The goal of the Program is to enable Non-Elderly, Disabled households to transition from health care institutions or skilled nursing care to independent living with appropriate services. As of January 26, 2023, one Orange household was participating in this Program.

The City also supports OCHA’s applications for the Family Unification Program (FUP), which provides 260
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Section 8 Rental Assistance to eligible families whose lack of adequate housing is a primary factor in the separation or threat of imminent separation of children from their families. The Program also provides vouchers for up to 18 months to emancipated youth (18- to 21-year-old children that left foster care at age 16 or older and lack adequate housing). The Orange County Social Services Agency refers potential FUP participants to OCHA, which administers the housing component of the Program. As of January 26, 2023, 14 Orange households were FUP participants.

Discussion
The City supports nonprofit applications for Continuum of Care funds to provide services and housing to the homeless. The City also seeks to provide CDBG funds to nonprofit agencies that serve the homeless. The Orange Police Department has a Homeless Engagement Assistance and Resource Team (HEART) to reach out to the homeless and connect them with the services. Officers work with the Orange County Mental Health Department and the Centralized Assessment Team to address homeless issues and find long term solutions.

In addition, the City used CDBG-CV funds for services to the most vulnerable populations at the HRC which offers access with continuum of care partners on-site, including social services, mental and physical wellness services, and resources to help individual improve their situation. 261
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City has limited vacant land for residential development. Considering the high cost of land, it is challenging to develop affordable housing projects that are financially feasible. Furthermore, the City’s historic district neighborhoods have their own zoning regulations and requirements that provide further barriers to development of affordable housing projects. While the City recognizes the importance of providing affordable housing to low- and moderate-income residents, the City allocates HOME funds and local funds to affordable housing projects to the extent possible.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City grants regulatory incentives and concessions to housing developers through its discretionary process. Concessions such as increased density (density bonus ordinance) or deferred impact fees may be granted for a project when the project includes a certain number of long-term affordable housing units.

Discussion:

See the previous portions of this section for discussion. 262
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AP-85 Other Actions – 91.220(k)
Introduction:

The City of Orange will undertake a variety of activities aimed at addressing the needs of the low- and moderate-income households. This includes providing affordable housing to the extremely low-income population, addressing homelessness, and providing public services to low-income children and families in need of food and shelter. Moreover, the City allocated CDBG funds to the Fair Housing Foundation to carryout fair housing activities, resolve any issues regarding fair housing, and hold workshops for tenants and landlords. Beginning July 1, 2023, the City also plans to establish a tenant based rental assistance program to assist qualifying individuals and families struggling with housing stability.

Actions planned to address obstacles to meeting underserved needs The City supports services and projects aimed at addressing homelessness, social services, and housing affordability. The City collaborates with the Orange County Housing Authority to provide Section 8 rental assistance to low-income families. Furthermore, the City allocates CDBG funds to public services projects benefitting low- and moderate-income households. The allocation of CDBG and HOME funds is based on the high priority unmet needs that were identified during the preparation of the 2020-2024 Consolidated Plan.

Additionally, beginning July 1, 2023, the City will be establishing a Tenant Based Rental Assistance Program (TBRA) to assist qualifying populations struggling with housing stability.

Actions planned to foster and maintain affordable housing The City preserves existing affordable housing stock by financing rehabilitation of affordable housing projects or negotiating with the new owners of affordable housing projects. The City continually supports the preservation and development of affordable housing to maintain and increase affordable housing supply.

Actions planned to reduce lead-based paint hazards
Given the limited CDBG funds, the City does not directly fund lead-based paint evaluation and reduction. The City supports the County of Orange efforts to reduce lead-based paint hazards in the City. If funding is available in the future, the City and the County plan to intensify their efforts to reduce the risk of lead poisoning for young, low income children that reside in El Modena, a lower income neighborhood. The City also conducts annual inspections of HOME funded properties and looks for 263
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evidence of lead based paint in an effort to reduce the hazard.

Actions planned to reduce the number of poverty-level families Per Section 3 HUD Act of 1968, the City will encourage jobs generated through CDBG funded construction projects be advertised to low-income residents where the construction project is located. Moreover, the City collaborates with the Orange County Housing Authority (OCHA) to provide Section 8 Rental Assistance/Housing Choice Voucher Program for low-income residents. The Family Self-Sufficiency (FSS), that is part of the Section 8 program, uses a step-by-step process that helps Section 8 participants identify and reach career goals, overcome impediments to success, locate needed resources and support services, and develop confidence. FSS advisors provide guidance and referrals to participants for services including child-care, job training and placement, education, transportation, and medical assistance. Finally, the City supports applications for CDBG funds for job training and placement for youth and adults.

Actions planned to develop institutional structure
The City’s Community Development Department includes the following Divisions: Administration, Code Enforcement, Planning, and Housing that each work closely with the Public Works Department’s Building Division. This enables the City to effectively coordinate its housing activities. The Planning Division performs functions that directly affect the development and rehabilitation of housing including preparation of the State-mandated Housing Element. The Planning Division also oversees the permit process, regulates compliance with zoning and building codes, and administers the Density Bonus Program required by State law.

The Housing Division administers the CDBG and HOME programs and is responsible for updating the Consolidated Plan every five years, preparing Annual Action Plans, and the Consolidated Annual Performance and Evaluation Report (CAPER). This Division works with various City departments that carry out CDBG-funded projects.

The City also works with non-profit (CHDO) and other affordable housing developers to develop or rehab affordable housing projects. The developers the City has worked with have provided attractive, affordable housing for low and moderate income low- and moderate-income households. The City encourages nonprofit agencies to apply for CDBG funds for programs that primarily benefit low- and moderate-income residents.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to work with public and private agencies to coordinate the delivery of housing and related services. he City also maintains a collaborative relationship with nonprofit organizations that provide social services to the community. The City of Orange partners with the Fair Housing Foundation 264
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to assist households with fair housing-related issues, as well as provide informational resources to the community. The City has a well-established working relationship with the local CHODO, Orange Housing Development Corporation (OHDC), and over the years has supported OHDC’s efforts to acquire multi- family properties in disadvantaged areas with higher minority populations. The subject properties are then rehabilitated, become well-managed and maintained by OHDC, and become income-restricted units.

These projects have a proven track record of success. Support for this collaboration has come from different City sources, including some former Redevelopment Agency funding, CDBG, HOME funds, and other similar housing rehabilitation funding. The City currently is facilitating a joint partnership for an affordable housing project with Sisters of St. Joseph of Orange and Mercy Housing. Additionally, the City Council-approved Housing Element contains Policy Action Items 3, 4, 14, 16, 19, and 22 which continue to promote the development of affordable housing through community outreach, education, density bonus, regulatory incentives and funding when possible. The City will continue to seek opportunities to partner with non-profit organizations, outreach to the local development community, including non-profit developers, to explore partnerships and provide in-kind assistance in developing affordable housing within Orange. The City will continue to pursue opportunities for development adjacent to Chapman University to respond to the needs of the growing student population and work collaboratively with the University to ensure university sponsored student housing is developed in conjunction with any increases in student enrollment. The City was successful in funding multiple non-profit agencies that provide supportive housing and services for community members facing homelessness through CDBG grants. The City will continue to assist these and other organizations provided CDBG funds remain available. The City continues to look for alternative methods to provide services and housing opportunities for homeless persons in Orange. The City will continue to outreach to the Regional Center of Orange County to address and eliminate barriers for housing, provided resources remain available to do so. The City has successfully worked with property owners managing affordable rental units within Orange that have recently been at risk of converting to market-rate units and successfully negotiated funding for both short- and long-range extensions to keep these units affordable.

Discussion:

See the previous portions of this section for discussion. 265
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 266
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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

The City uses “Low- and Moderate-Income Housing Asset” funds to leverage its HOME funds.

However, this funding source is limited. The City will consider other funding sources such as federal and state tax credits in conjunction with the HOME funds to finance affordable housing projects.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

The City does not use HOME funds for homebuyer activities.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

The City does not allocate HOME funds for rental affordable housing projects. Therefore, the City is not required to have guidelines for the resale or recapture of homeownership units acquired with HOME funds.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City does not use HOME funds to refinance existing debt on multifamily housing projects. 267
$1,034,444.00
Public Services (15% of Grant) Caps
Reviews Assigned
Reviews
Completed Average Score Amount Requested
Recommended
Award
Assistance League Assistance to kids 0 0 0.00 $15,000.00 $15,000.00 Bike Patrol Program Community Policing & Crime Prevention 0 0 0.00 $100,000.00 $60,000.00 Orange Unified Public Schools Foundation (OUPSF) Provide Mental Health & Wellness Centers in 3 schools (Handy, Taft & Esplanade - each $25k) 0 0 0.00 $75,000.00 $25,000.00 After School Programs Child care, homeworks assistance, nutrional activies, etc 0 0 0.00 $50,000.00 $40,000.00 Friendly Center Food and Personal Hygiene Distribution 0 0 0.00 $20,000.00 $15,166.00 Priority Center Assist families at risk with car seats and car seat training 0 0 0.00 $15,000.00 $0.00 So County Outreach Homeless and Prevention Services to at-risk and low income residents 0 0 0.00 $30,000.00 $0.00 0 0 $305,000.00 $155,166.00 $155,166.60
Facilities and Construction
Reviews Assigned
Reviews
Completed Average Score Amount Requested Recommended Award Street Rehab 1 9 Streets (Flower, Grand, Highland) 0 0 0.00 $839,612.00 $282,390.00 Street Rehab 2 12 Streets (All of the above plus La Veta Park Cir., Tularosa) 0 0 0.00 $1,069,481.00 $0.00 ADA Ramps Various Streets 0 0 0.00 $90,000.00 $90,000.00 El Modena Restroom Prefab restroom at El Modena Basin 0 0 0.00 $300,000.00 $300,000.00 Orange Library Parking Lot & Pavement Reconstruction (Taft and Elmo) 0 0 0.00 $212,500.00 $0.00 0 0 $2,511,593.00 $672,390.00 $672,388.60
Admin (20% of Grant)
Reviews Assigned
Reviews
Completed Average Score Amount Requested Recommended Award Fair Housing Fair housing 0 0 0.00 $25,000.00 $25,000.00 CDBG Administration Adminstration N/A N/A N/A $181,888.00 $181,888.00 0 0 $206,888.00 $206,888.00 $206,888.80
$3,023,481.00 $1,034,444.00 $1,034,444.00
Summary of Funding Recommendations CDBG 2023-2024 Program Year Estimated 2023 CDBG Award:

Total 2023 Requests
Total Public Services
Activity
Total Facilities and Construction
Activity
Activity
Total Administration
268
Agenda Item
City Council
Item #: 10.1. 5/9/2023 File #: 23-0307
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Second Study Session for the Proposed Fiscal Year 2023-24 Budget.

2. SUMMARY
This is the second study session in support of the preparation of the FY 2023-24 Budget. This study session is intended to provide a status of the current year budget, and an initial analysis of the projected General Fund revenues and proposed expenditures for FY 2023-24.

3. RECOMMENDED ACTION
Receive and file the report and provide direction to staff.

4. FISCAL IMPACT
Fiscal impact will be determined with final budget adoption.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
b: Analyze future fiscal needs and potential revenue opportunities. c: Provide appropriate reserves.

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

6. DISCUSSION AND BACKGROUND
This is the second study session in support of the preparation of the City’sFY 2023-24 (FY 24) Budget. This study session is intended to focus on the following items:
· Providing a status of the current year General Fund budget · Providing an initial analysis of the projected General Fund revenues and proposed expenditures for FY 24
Status of Current Year Budget (FY 23)
Review of General Fund Revenues for FY 23
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As the end of FY 23 approaches, it is projected that General Fund revenues will increase to $135.3 million, 3.5% (or about $4.5 million) over budget. Sales tax revenues are anticipated to be $74,000 above the budget of $50.1 million largely due a rise in fuel prices. Other major industries are slowing, specifically building and construction and the City’s share of the County’s pool.

Property taxes are expected to be $51.6 million, $1.0 million over the budget of $50.6 million, due to annual increases in assessed property values. Property tax in lieu of motor vehicle license fees is expected to be above budget as this revenue is tied to property tax growth.

Based on current trends, other resources such as Revenue from Other Agencies are expected to have higher than budgeted receipts. Miscellaneous Revenues are anticipated to be $2.8 million, $1.9 million over budget. The majority of this increase is contributed by one-time revenue from the Office of Emergency Services to reimburse the Fire Department’sassistance with wildfires throughout the state.

Review of General Fund Expenditures and Ending Fund Balance for FY 23 General Fund expenditures are tracking on par with budgeted amounts. Historically, expenditures have trended lower than anticipated, but rising costs of materials and supplies and less salary savings have affected the amount of expenditure spending for FY 23. With recent retirements, departments have continued to evaluate the operations of various divisions to determine the most effective structure moving forward. This includes the continuation of scrutinizing every vacancy, filling positions that are necessary, and identifying reclassifications and movement of resources that will increase service levels and promote succession planning efforts. As part of the FY 23 budget adoption, the City’sstaffing increased by 25.5 Full-Time Equivalents (FTE), mostly supporting public safety programs. The cost of these positions has posed a challenge in maintaining salary savings city -wide. Overall, departments have continued to be diligent in maintaining targets on expenditures and being creative in meeting the City’sservice delivery goals despite the rising costs of materials and increased contractual obligations.

With our adjusted budgeted expenditures of $136.4 million, revenues of $135.3 million and transfers in from reserves of $2.0 million, we are currently projecting a surplus of about $900,000. To date, the estimated ending fund balance for the General Fund is approximately $1.7 million.

Initial Review of the Proposed Budget for FY 24
Estimated General Fund Revenues for FY 24
As the economy continues to face challenges, the City has taken a conservative approach in budgeting for revenues. Based on current trends and analysis, the total General Fund revenues for FY 24 are projected to be $133.9 million, $1.4 million or 1.0%, under the estimated ending revenue for FY 23. This difference is mostly attributed to grants and one-time revenues that are not initially budgeted and are not included in the FY 24 budget.

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Provided below is a summary of the General Fund revenue highlights for FY 24:
· Sales Tax is the largest source of General Fund revenue. In FY 24, the City anticipates receiving $50.4 million, about $400,000 above the FY 23 estimate. While a harsh recession is not anticipated to occur in FY 24, we anticipate little to no growth across all industries.

Industries that had seen strong performances in previous years following the pandemic, such as building and construction, are projected to slow or decrease. While fuel is projected to perform well, prices are falling from unprecedented highs in the previous quarters and will decrease. As stated in previous years, we anticipate County pools to continue to gradually decrease due to the corporate changes made by Amazon, shifting a significant amount of their sales from the County pools to the cities where their distribution centers are located within the State.
· Property Tax is the second largest source of General Fund revenue and is expected to be $52.9 million, a $1.2 million, or 2% increase from FY 23 estimates. Despite a decrease in volume of home sales in 2022, properties have continued to increase in median price compared to previous years. As such, annual increases in assessed property values and more property tax increment distributed from the County of Orange for the Successor Agency are projected to contribute to higher property tax receipts. Included in this projection, property tax in lieu of motor vehicle license fees are expected to increase as this revenue is tied to property tax growth.
· Transient Occupancy Tax (TOT) is projected to be $5.1 million, no change from the FY 23 estimate. Business and leisure travel activity is projected to remain the same in FY 24.

Approximately $500,000 of this revenue is attributable to the Short Term Rental (STR) program which currently has 125 licensed properties.
· Fees for Service are currently projected to be $5.1 million, a slight decrease of $200,000 from the FY 23 estimate. This is mostly attributed to a change in how the City’s revenue for recreation classes will be accounted for. With large fluctuations in participation, revenue for sports and recreation class enrollment is not included in the budgeted revenues for FY 24 and will be considered as it is received. However, upon consideration of the Master Fee Schedule at the next study session, this projection may increase. · Licenses and Permits are currently projected to be $6.9 million, no change from the FY 23 estimate. There are no increases or decreases anticipated for building-related permits and annual fire permits in FY 24. However, as with the Fees for Service, upon consideration of the Master Fee Schedule at the next study session, this projection may also increase. · Fines and Forfeitures are projected to be $2.0 million, an increase of $102,000 (5.5%) from FY 23 estimates. Staffing challenges in parking enforcement has contributed to lower estimated revenue and is anticipated to continue through FY 24. Additionally, library overdue fines are no longer being collected, affecting overall revenue projections in this category.

Staff continues to refine the revenue projections and will provide an update at the tentatively scheduled third Study Session to include these refinements as well as any feedback from the City City of Orange Printed on 5/4/2023Page 3 of 8
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scheduled third Study Session to include these refinements as well as any feedback from the City Council from tonight’s second Study Session.

Estimated General Fund Expenditures for FY 24
Our initial estimate for FY 24 General Fund expenditures is $140.1 million. This reflects a 7.5% increase in expenditures over the original adopted FY 23 budget. As in previous years, we will continue to refine our estimates throughout the budget process.

The following are the most significant impacts to the General Fund expenditures for FY 24:

1. Departmental Operating Budgets : Every year during the budget preparation process, City departments are charged with reviewing their existing operations to determine if there are areas of budgetary savings and operational efficiencies. Departments assess if there are budget increases to address rising costs, respond to required mandates, enhance existing service levels, or the need to implement a new program. This is an effort the departments continue to take seriously and with much internal scrutiny. The following are highlights of General Fund Departmental Requests:
· City Clerk: Currently, the City of Orange records management system is the responsibility of each individual department, rather than a central, regulated process. Due to the increasing call for transparency, Public Records Act requests have increased by over 500% since 2017. As such, the City Clerk’soffice is requesting the restoration of a Records Manager position, which will manage the City’s records management program. The estimated FY24 cost for this position is $116,977.
· City Manager: Per City Council direction, over the last year the City of Orange has joined the League of California Cities and Southern California Association of Governments (SCAG) in order to be better informed about policy and legislative issues at the federal, state, and regional levels. Additionally, the City has hired Townsend Public Affairs to provide legislative analysis and grant writing services. Townsend Public Affairs has already secured $189,950 in grants for FY23, with several applications pending. While the City Manager departmental budget was able to absorb the costs of these services in FY 23, the department is requesting an ongoing additional appropriation of $205,000 to support these initiatives going forward.

Additionally, the department is requesting $63,000 to cover increased property tax expenses on City-owned properties.
· Community Development: With the City’scontinued emphasis on Code Enforcement, the Code Compliance division within Community Development is seeking additional funding to cover operating expense increases as well as personnel costs. These costs are off-set by revenue received from the STR program. The increased operating costs include costs for supplies and training, totaling $10,650. The department is also requesting $10,000 to be added to the budget to cover the cost of temporary personnel to administratively support the Planning Commission and Design Review Committee public meetings. On the personnel side, the department is seeking funding to reclass the Code Compliance Supervisor to the Code Compliance Manager and add a new Code Compliance Officer. The reclassification and new position allow for staff to keep up with increased workload in the department and allow for weekend coverage. The total personnel cost for FY 24 is estimated to be $125,789. The department is also recommending the reclass of an Administrative Specialist to a Permit City of Orange Printed on 5/4/2023Page 4 of 8
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department is also recommending the reclass of an Administrative Specialist to a Permit Technician, which is cost neutral and will better suit the needs of the program. · Community Services: The Community Services department is requesting funding to support contractually obligated service cost increases anticipated across multiple contracts, which include orange grove spraying, landscape maintenance, pool maintenance, custodial services, 3rd of July fireworks, and special event sound and lighting. The total funding request for service cost increases is $56,485. The department is also requesting an additional appropriation of $400,425 to fund the FY24 needs of the 517 W Struck transition. However, should staff receive grant funding to offset this cost, staff will return to adjust the budget accordingly.

Additionally, due to an increase of larger-scale projects over the past couple of years (Struck Ave/HRC, Hart Park Pickleball, Grijalva Skatepark, etc.), the department recognizes the need for a higher level of administrative oversight. Therefore, the department is requesting to reclassify the Senior Administrative Analyst Position to Administrative Manager, for an estimated cost of $21,166.
· Finance Department: Due to increased demands in the Budget division, staff is requesting to reclassify the Administrative Analyst I position to Financial Analyst, for an approximate cost of $12,000. Additionally, with the implementation and continuation of the Short Term Rental program, the General Revenue - Business License division is experiencing an increased workload. To ensure that the City continues to provide a high level of service to customers, the Finance department is also requesting to reclassify the 0.75 part time Senior Finance Clerk to 100% FTE, at the cost of approximately $17,300.
· Fire Department: The Fire Department is requesting funds to cover increased costs for obligatory mutual agreements, totaling $80,878 in FY 24. Additionally, the department is requesting approximately $26,524 to reclassify two Senior Office Assistants to two Administrative Assistants, due to necessary changes to the scope of work in order to support the Paramedic program.
· Police Department: Due to City training requirements and the hiring of additional probationary officers, the Police Department is consistently using more ammunition. As such, the department is requesting additional funds in the amount of $65,000 to cover the increased need for ammunition. Additionally, the Police Department is requesting $10,000 to support the increased costs associated with the OCSD Forensic Contract renewal. Lastly, to support increased recruitment and training needs in the department, the Police Department is requesting the addition of a Civilian Investigative Officer for an estimated cost of $93,526. · Public Works: With an increased focus on the Council-driven Clean Orange Initiative, the Public Works department is requesting the addition of two Public Works Maintenance Workers to focus on graffiti abatement and the city-wide beautification program. The cost of these positions are estimated to be $77,153 each, totaling $154,306. Due to increased scope of work in the Tree Services Division, the department is also requesting $14,400 to reclassify the Tree Services Coordinator position to Landscape Coordinator. Additionally, the department is requesting funds to cover increased operating costs primarily for the tree services contract ($300,000) including the addition of tree well maintenance to the Tree Services contract ($115,200), Santiago Creek cleaning ($60,000), Plaza closure device rentals for events ($75,000, partially offset by event reimbursement), and required Commercial Driver Training for new staff ($9,000). The total request for increased operating service costs is approximately $559,200.

2. Estimated Increases to Salaries and Benefits : Fully-burdened positions approved during the FY 23 budget adoption and regular salary step increases for applicable employees amount to approximately $4.6 million in additional staffing costs in FY 24. Estimated increases resulting from City of Orange Printed on 5/4/2023Page 5 of 8
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approximately $4.6 million in additional staffing costs in FY 24. Estimated increases resulting from labor negotiations are included but are not inclusive of all potential costs. Any additional negotiated costs will be added to the budget, if necessary, when approved by the City Council.

The FY 24 projected expenditures also include department overtime and part-time staffing costs, which are projected to increase by approximately $377,000 and $55,000, respectively.

3. Internal Service Funds : For FY 24, we project allocating a total of $7.9 million for operating costs between the Equipment Maintenance, Computer Equipment Maintenance, Accrued Liability, and Vehicle Replacement funds. Most Internal Service Funds (ISF) are budgeted as part of FY 24 operational costs, as opposed to being funded by unreserved General Fund balance generated through prior year savings. Allocations not completely covered by General Fund operational costs are funded by prior year savings and will be brought forward for City Council consideration at the year-end FY 23 closure of the financial books.

Based on the revenues and expenditures, we are initially projecting a budget deficit of about $6.2 million. As we continue to refine the revenue and expenditure amounts and incorporate feedback and direction from City Council, it is anticipated that a balanced FY 24 budget will be adopted.

Budget Balancing Strategies
Although we are currently projecting a negative FY 24 fund balance, there are several strategies for consideration to close the budget deficit. The following are various areas of discussion:
· Increase Ongoing Revenue
· Work Force Adjustments
· Operating Budget Adjustments
· One-Time Revenue Enhancements
Feedback from the City Council received at this study session will help further refine our projections.

Upon receiving policy direction, staff will update the budget with new numbers and scenarios for further review.

Preliminary Estimate of the General Fund Balance for FY 24 The beginning fund balance is projected to be $1.7 million. With revenues below expenditures, the ending fund balance is projected to be in the negative about $6.0 million. The following table summarizes the Estimated Available General Fund Balance for FY 24:

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Estimated Available General Fund Balance
Unreserved Fund Balance Available @ 6/30/23 $1,719,029 FY 24 Estimated Revenues $133,887,312 FY 24 Estimated Expenditures (140,120,638) Revenue over Expenditures (6,233,326)
Unreserved Fund Balance Available @ 6/30/24 (4,514,297) Transfer Out to Catastrophic Reserve (1,498,128)
Estimated Available Fund Balance @ 6/30/24 (6,012,425) General Fund Catastrophic Reserve 23,260,026
Est. Reserved & Unreserved General Fund Balance @ 6/30/24 $17,350,459 Conclusion
We continue to refine the FY 24 revenue and expenditure amounts. In addition, feedback from the City Council received at this study session will help further refine our projections. The next study session is tentatively scheduled for June 13, and we anticipate recommending adoption of the budget City of Orange Printed on 5/4/2023Page 7 of 8
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session is tentatively scheduled for June 13, and we anticipate recommending adoption of the budget on June 27.

7. ATTACHMENTS
· Proposed Funding Increases Summary
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Agenda Item
City Council
Item #: 10.1. 5/9/2023 File #: 23-0307
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Second Study Session for the Proposed Fiscal Year 2023-24 Budget.

3. RECOMMENDED ACTION
Receive and file the report and provide direction to staff.

4. FISCAL IMPACT
Fiscal impact will be determined with final budget adoption.

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

6. DISCUSSION AND BACKGROUND
This is the second study session in support of the preparation of the City’sFY 2023-24 (FY 24) Budget. This study session is intended to focus on the following items:
· Providing a status of the current year General Fund budget · Providing an initial analysis of the projected General Fund revenues and proposed expenditures for FY 24
Status of Current Year Budget (FY 23)
Review of General Fund Revenues for FY 23
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As the end of FY 23 approaches, it is projected that General Fund revenues will increase to $135.3 million, 3.5% (or about $4.5 million) over budget. Sales tax revenues are anticipated to be $74,000 above the budget of $50.1 million largely due a rise in fuel prices. Other major industries are slowing, specifically building and construction and the City’s share of the County’s pool.

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Provided below is a summary of the General Fund revenue highlights for FY 24:
· Sales Tax is the largest source of General Fund revenue. In FY 24, the City anticipates receiving $50.4 million, about $400,000 above the FY 23 estimate. While a harsh recession is not anticipated to occur in FY 24, we anticipate little to no growth across all industries.

Staff continues to refine the revenue projections and will provide an update at the tentatively scheduled third Study Session to include these refinements as well as any feedback from the City City of Orange Printed on 5/4/2023Page 3 of 8
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scheduled third Study Session to include these refinements as well as any feedback from the City Council from tonight’s second Study Session.

The following are the most significant impacts to the General Fund expenditures for FY 24:

Additionally, the department is requesting $63,000 to cover increased property tax expenses on City-owned properties.
· Community Development: With the City’scontinued emphasis on Code Enforcement, the Code Compliance division within Community Development is seeking additional funding to cover operating expense increases as well as personnel costs. These costs are off-set by revenue received from the STR program. The increased operating costs include costs for supplies and training, totaling $10,650. The department is also requesting $10,000 to be added to the budget to cover the cost of temporary personnel to administratively support the Planning Commission and Design Review Committee public meetings. On the personnel side, the department is seeking funding to reclass the Code Compliance Supervisor to the Code Compliance Manager and add a new Code Compliance Officer. The reclassification and new position allow for staff to keep up with increased workload in the department and allow for weekend coverage. The total personnel cost for FY 24 is estimated to be $125,789. The department is also recommending the reclass of an Administrative Specialist to a Permit City of Orange Printed on 5/4/2023Page 4 of 8
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department is also recommending the reclass of an Administrative Specialist to a Permit Technician, which is cost neutral and will better suit the needs of the program. · Community Services: The Community Services department is requesting funding to support contractually obligated service cost increases anticipated across multiple contracts, which include orange grove spraying, landscape maintenance, pool maintenance, custodial services, 3rd of July fireworks, and special event sound and lighting. The total funding request for service cost increases is $56,485. The department is also requesting an additional appropriation of $400,425 to fund the FY24 needs of the 517 W Struck transition. However, should staff receive grant funding to offset this cost, staff will return to adjust the budget accordingly.

2. Estimated Increases to Salaries and Benefits : Fully-burdened positions approved during the FY 23 budget adoption and regular salary step increases for applicable employees amount to approximately $4.6 million in additional staffing costs in FY 24. Estimated increases resulting from City of Orange Printed on 5/4/2023Page 5 of 8
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approximately $4.6 million in additional staffing costs in FY 24. Estimated increases resulting from labor negotiations are included but are not inclusive of all potential costs. Any additional negotiated costs will be added to the budget, if necessary, when approved by the City Council.

The FY 24 projected expenditures also include department overtime and part-time staffing costs, which are projected to increase by approximately $377,000 and $55,000, respectively.

Upon receiving policy direction, staff will update the budget with new numbers and scenarios for further review.

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Estimated Available General Fund Balance
Unreserved Fund Balance Available @ 6/30/23 $1,719,029 FY 24 Estimated Revenues $133,887,312 FY 24 Estimated Expenditures (140,120,638) Revenue over Expenditures (6,233,326)
Unreserved Fund Balance Available @ 6/30/24 (4,514,297) Transfer Out to Catastrophic Reserve (1,498,128)
Estimated Available Fund Balance @ 6/30/24 (6,012,425) General Fund Catastrophic Reserve 23,260,026
Est. Reserved & Unreserved General Fund Balance @ 6/30/24 $17,350,459 Conclusion
We continue to refine the FY 24 revenue and expenditure amounts. In addition, feedback from the City Council received at this study session will help further refine our projections. The next study session is tentatively scheduled for June 13, and we anticipate recommending adoption of the budget City of Orange Printed on 5/4/2023Page 7 of 8
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session is tentatively scheduled for June 13, and we anticipate recommending adoption of the budget on June 27.

7. ATTACHMENTS
· Proposed Funding Increases Summary
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Proposed Departmental Funding Summary FY 2024 BUDGET
Department Proposal Total Notes
Non-Departmental Animal Control Contract Increase 610,515 Non-Departmental Maintenance Contract for 800 MHz Radios 13,828 Non-Departmental Reinstate Non-Departmental Misc. Expenditure 50,000 674,343
City Clerk Reclassify Administrative Specialist to Administrative Assistant 11,000 Approved in FY23 MidYear City Clerk New Position - Records Manager 116,977
127,977
City Manager Add Assistant City Manager to City Manager Department Budget 194,394 Approved in FY23 MidYear City Manager Remove Internal Audit Manager from Budget (95,357) Approved in FY23 MidYear City Manager Legislative and Inter-Governmental Affairs 205,000 City Manager Property Tax Expense 63,000
367,037
Community Development New Position - Permit Technician 77,993 Approved in FY23 MidYear Community Development New Position - Code Compliance Officer 100,000 Community Development Reclassify Code Compliance Supervisor to Code Compliance Manager 25,789 Community Development Reclassify Administrative Specialist to Permit Technician - Cost-Neutral Community Development Code Compliance Budget - Operating Costs 10,650 Community Development Current Planning Temporary Outside Personnel 10,000 Community Development Overtime 10,000
234,432
Community Services New Position - Assistant Recreation Coordinator 68,300 Approved in FY23 MidYear Community Services Reclassify Part-Time Recreation Coordinator to Full Time 14,381 Approved in FY23 MidYear Community Services Reclassify 2 30hr Park and Facility Attendants to 2 Park Maintenance Worker I positions 26,576 Approved in FY23 MidYear Community Services General Fund Expenditures for 517 W Struck Transition Plan 400,425 Community Services Reclassify Senior Administrative Analyst to Administrative Manager 21,166 Community Services Service Cost Increases 56,485
Community Services Overtime 10,000
Community Services Part-Time Salaries 1,338,600
1,935,933
Finance Reclassify Payroll Technician to Senior Payroll Specialist 9,000 Approved in FY23 MidYear Finance Reclassify Administrative Analyst I to Financial Analyst 12,000 Finance Reclassify Part-Time Senior Finance Clerk to Full Time 17,300 38,300
Fire Department Purchase Utility Task Vehicle, increase support to wellness programs 62,528 Partially offset by Strike Team reimb.

Fire Department Reclassify 2 Senior Office Assistants to 2 Administrative Assistants 26,524 Fire Department PERS on Fire FLSA Overtime 28,085
Fire Department Joint Powers Training Center - North Net 13,658 Fire Department Metro Cities Fire Authority 67,220
Fire Department Overtime 2,569,500
2,767,515
Library Alternate Workers - Library 68,000
Library Part-Time Salaries 409,755
477,755
Police Department New Position - Civilian Investigative Officer 93,526 Police Department OCSD Forensic Contract Renewal 10,000 Police Department Ammunition 65,000
Police Department Overtime 1,694,333
Police Department Part-Time Salaries 755,112
2,617,971
Public Works New Position - Public Works Maintenance Worker II 77,153 Public Works New Position - Public Works Maintenance Worker II 77,153 Public Works Reclassify Tree Services Coordinator to Landscape Coordinator 14,399 Public Works Plaza Closure Device Rentals 75,000 Partially offset by event reimb.

Public Works Commercial Driver Training 9,000
Public Works Santiago Creek Cleaning 60,000
Public Works Tree Services Contract Increase 300,000
Public Works Tree Well Maintenance 115,200
Public Works Overtime 182,000
Public Works Part-Time Salaries 2,301
912,206
Fire Department Total
Library Total
Police Department Total
Public Works Total
Non-Departmental Total
City Clerk Total
City Manager Total
Community Development Total
Community Services Total
Finance Total
285

Orange City CouncilMay 9, 2023

Orange City Council
May 9, 2023