Agenda packet — Orange City Council, June 13, 2023 (part 2 of 3)

Santa Ana, Chattel has been providing research and peer review support for local landmark nominations prepared by staff.

Scope of Services

Community Development Department: General Services and Mills Act

Chattel would continue to provide general historic preservation consulting as extension of staff as needed, including meetings with City staff, design review, peer review, and preparation of any additional memos as directed.

Chattel would support the City in completing routine periodic inspections of existing Mills Act contract properties, working with City staff to prioritize properties, send out notifications, and conduct the inspection. Prior to visiting any property, we will review all available documentation to understand property historic significance and Mills Act contract rehabilitation plans.

Documentation to be reviewed may include designation nominations, Mills Act contracts, permit history, construction drawings, and narrative scopes of work. We will identify any concerns prior to scheduling inspections. During inspections, we will view and photograph existing conditions, and monitor work to ensure conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Secretary’s Standards). During inspections, any concerns and potential modifications to scopes of work will be discussed. Working with City staff, we will prepare follow-up compliance letters, including inspection reports summarizing observations, recommendations, and conditions for approval, as appropriate.

Community Services Department: Plaza Park Fountain Repair

Chattel had been working with the City on safety improvements at Plaza Park, including installation of new bollards, to reduce vehicle traffic through the park. After the recent destruction of a portion of the park fountain from an automobile collision, Chattel has been advising the Community Services Department on repair of the fountain and was asked to engage a conservator as sub-contractor to provide additional review and recommendations for treatments to existing tile and cast iron fountain. Chattel has solicited proposals from two conservators and would provide additional oversight for the fountain repair.

As part of the scope of services, the conservator would conduct testing, advise on appropriate treatments, provide specifications for conservation of the existing tile and cast iron fountain, and provide a plan for regular maintenance of these items. The two proposals from the tile conservators are attached to this proposal.

Inclusions
Chattel proposes to perform a majority of the scope of services remotely with limited time at City Hall, on site visits or at committee or other public meetings, as necessary. For Mills Act inspections, Chattel would provide one day of inspections in Orange every two months, with time scheduled for meetings and research at City Hall, as necessary. We are pleased to participate in virtual meetings with City staff, Mills Act contract property owners and attend committee or other public meetings remotely without limitation.

Exclusions
We generally exclude working more than two days per month in Orange for Mills Act inspections.

Project Cost Estimate
Project costs are difficult to estimate. Therefore, we propose to work on a time and materials basis, at our reduced municipal rates and according to the cost estimate below. 202
Ms. Anna Pehoushek
May 31, 2023

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Department Scope Cost
Community Development General Services and Mills Act
- Note that each Mills Act
periodic inspection is
estimated at $1,380 per
property; number of Mills Act
inspections completed under
this amendment to be
finalized with the City
$30,000
Community Services Plaza Park Fountain Repair
- Includes conservator scope
of services and Chattel
oversight and review
$15,000
Total $45,000

As Chattel reimburses employees for mileage at the 2023 federal standard of $0.655, we would seek reimbursement for mileage at this rate. We bill extraordinary expenses of air travel, car rental, hotel, outside photocopying, and film processing and printing at cost. We will utilize the following individuals at stated hourly rates, which you will note are substantially reduced from our regular rates. You will be notified in advance of any changes in the foregoing rates or personnel.

Key staff and point of contact would be architectural historian Nels Youngborg, Senior Associate, supported by planner Alvin-Christian Nuval, Associate III. Architectural historian and historic architect Robert Chattel would be principal in charge and other senior staff would be available for peer review and additional subject expertise as necessary.

Name Title/Area of Expertise Hourly Rate Reduced Rate
Robert Chattel Principal/Preservation
Architect
$360 $190
Leslie Heumann Principal Associate $180 $150
Christi di Iorio Principal Associate $180 $150
Susan O’Carroll, Ph.D. Consulting Principal
Associate
$180 $150
Nels Youngborg Senior Associate $150 $95
Alvin-Christian Nuval Associate III $140 $95
TBD Associate II $120 $95
Hannah Phillips Associate I $100 $95
TBD Office Manager $60 $60
Leilani Commons Intern $40 $40

We will bill monthly. As a small business, we require payment of invoices within thirty (30) days. If additional services are requested which exceed the total amount stated above, this agreement will be modified in writing to provide for such additional work and/or increased dollar amount.

Either party may terminate this agreement by providing written notice. If additional services are needed, a written change order request will be prepared by Consultant and signed by the Client before additional services are commenced.

Indemnity
Consultant and Client shall indemnify, defend, and hold the other harmless from and against all claims, costs, demands, liabilities, expenses, damages and losses (including without limitation reasonable attorney fees) caused by the negligent performance of the services described in, or breach of, this agreement, by the indemnifying party.
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Limitation of Liability
In recognition of the relative risks and benefits of the Project to both Client and Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant to the Client and any third parties for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, inclusive of any attorneys’ fees and costs and expert-witness fees as well as any and all court costs incurred such that the total aggregate liability of the Consultant to the Client shall not exceed $50,000 or the amount of the fee charged and actually paid by Client to Consultant for the particular project involved in the claim. It is intended that this limitation shall apply to any and all liability, claims or causes of action however alleged or arising, unless otherwise determined by a court of competent jurisdiction to be prohibited by law.

No Personal Liability
No officer, director, partner, member, shareholder, or employee of either party, its respective parents or affiliates or its successors or assigns shall have personal liability under any provision of the Agreement, nor shall Client make any claims against any individual architect working for Consultant.

Mutual Consequential and Punitive Damage Waiver
Notwithstanding this or any other provision of the agreement, to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors, subcontractors, consultants, design professionals or material suppliers shall be liable to any of the others or make any claim for incidental, indirect, punitive or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but be not be limited to, loss of use, loss of profits, loss of business, loss of income, loss of reputation, delay claims, carrying costs on any financing, loss of use or opportunity, loss of good will, cost of substitute facilities, goods, or services, cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages as well as any other consequential damages that either party may have incurred from any cause of action including, but not limited to, negligence, strict liability, breach of contract, and breach of express or implied warranty.

Certificate of Merit
The Client shall make no claim for professional negligence or breach of contract either directly or in a third-party claim, against Consultant unless the Client has first provided Consultant with a written certification executed by an independent professional currently practicing in the same discipline as Consultant and licensed in the jurisdiction where the project is located. This certification shall be executed under penalty of perjury and, at a minimum, contain the following:
a) the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Consultant performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to Consultant not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceedings.

This proposal is valid for thirty (30) days. If this proposal and agreement are acceptable, please have the appropriate party complete the document below and return an original signed copy.

Should you have questions, please call (818) 421-1767.

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Ms. Anna Pehoushek
May 31, 2023

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Very truly yours,

CHATTEL, INC.

By: _________________________________
Robert Jay Chattel, AIA, President
California Architect License No. C27398

Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834

AGREED AND ACCEPTED THIS ____ DAY OF _______________, 2023

Owner: _____________________________________

By: ___________________________
(Signature)

Name: ___________________________ Its: ___________________________ (Print Name) (Title)

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CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS

STAFF BIOGRAPHIES

ROBERT JAY CHATTEL, AIA
President / Historic Architect

Both a licensed general contractor and architect in California with more than 30 years’ experience in planning, design and construction, Robert Chattel’s unique qualifications include meeting the Secretary of the Interior’s Professional Qualifications Standards in Architectural History and Historic Architecture. Robert has experience working for non-profit, government, and for-profit entities, including the Los Angeles Conservancy, Community Redevelopment Agency of the City of Los Angeles and a private real estate developer. He holds a B.A. in Architecture from U.C. Berkeley and a M.S. in Historic Preservation from Columbia University. In 1994, he established Chattel, Inc. From its office in Los Angeles, the firm works on design collaboration, environmental review and preservation policy projects in the western United States. As President, Robert specializes in applying the Secretary of the Interior’s Standards for the Treatment of Historic Properties and interpreting federal, state and local historic preservation law and regulations. Robert and his firm have received awards from the California Preservation Foundation, Los Angeles Conservancy, American Planning Association, and the City of Los Angeles for projects ranging from preservation of the Beverly Hills Waterworks (the subject of his master’s thesis) to stabilization of the Breed Street Shul in east Los Angeles, and rehabilitation of the downtown Los Angeles Central Library.

LESLIE HEUMANN
Principal Associate / Architectural Historian

Leslie Heumann, Architectural Historian, with over 40 years of experience in all aspects of historic resource management, specializes in historic resource surveys, historic assessments, and landmark nominations; use of the Secretary of the Interior's Standards for Treatment of Historic Properties; and preparation of documentation pursuant to the California Environmental Quality Act, National Historic Preservation Act, and National Environmental Policy Act. Beginning her career with the City of Pasadena, where she eventually became the coordinator of the citywide Architectural and Historical Inventory, Leslie went on to conduct historic resources surveys in Alhambra, Altadena, Beverly Hills, Carmel, Glendale, Houston, Long Beach, Los Angeles, Rancho Mirage, San Clemente, Santa Ana, Santa Monica, South Pasadena, Upland, West Hollywood and several other communities as well as for the Los Angeles Unified School District and other school districts. Leslie’s expertise also includes preparation of context statements and individual property Historic Resource Assessments. She has authored or supervised the preparation of numerous cultural resources impacts reports in support of CEQA and NEPA for projects throughout California ranging in scope from individual developments to General Plan updates. Additional areas of expertise include drafting local historic preservation ordinances, Historic American Buildings Survey documentation and historic school modernization issues.

Leslie meets the Secretary of the Interior’s Professional Qualifications Standards in History and Architectural History.

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CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS

CHRISTINE DI IORIO, AICP
Principal Associate / Planner and Architectural Historian

Christi di Iorio has over 28 years of experience as a planner working for various cities in California, most recently as project manager for the City of Millbrae where she managed and orchestrated special economic and development projects through the entitlement process. She has also worked as Community Development Director for City of Marina where she managed six divisions with an annual general fund budget of $10 million dollars; for the City of Carmel-By-The-Sea as Community Planning and Building Director; and for the City of La Quinta as Planning Manager. Christi holds a Bachelor’s degree from Colorado State University in Historic Preservation and a Master of Arts degree from University of California, Riverside in Historic Resources Management. She is certified by the American Institute of Certified Planners (AICP) and meets the Secretary of the Interior’s Professional Qualifications Standards in History and Architectural History.

SUSAN O’CARROLL, Ph.D.

Consulting Principal Associate / Planner

Susan O’Carroll has over 25 years of planning experience, and for the last 20 has worked as a California Environmental Quality Act (CEQA) specialist managing preparation of Environmental Impact Reports (EIRs), Negative Declarations, and environmental document critiques. Susan has managed preparation of over twenty EIRs, and numerous Negative Declaration and Mitigated Negative Declaration documents. She is experienced in preparing EIRs for controversial projects and for projects where development and evaluation of a range of alternatives is key to clarifying environmental issues facing decision-makers. Examples of such projects include Central Area New Learning Center #1 (Ambassador Hotel site, cultural resources section) for Los Angeles Unified School District and the Rancho Malibu Hotel project in the City of Malibu. Susan managed preparation of a focused EIR for a highly controversial project in the City of Beverly Hills, the Chateau Arnaz project, which dealt both with historic issues and the development of alternatives.

She also contributes to projects involving formulation of preservation policy: for the City of Carmel, she participated in drafting the historic preservation ordinance; and for Mare Island in Vallejo, she helped prepare Historic Resources Project Guidelines. Susan holds Ph.D. and M.Pl. degrees in Urban and Regional Planning from USC and a B.A. in Experimental Psychology from UC Santa Barbara. She has provided customized CEQA training for cities of Beverly Hills, Los Angeles, Santa Clarita and Santa Paula, as well as for the Planner’s Institute. She served for seven years as part-time faculty for Schools of Public Administration and Urban and Regional Planning at USC where she taught courses on policy analysis, urban economics, transportation planning, and urban studies. Susan also served as Adjunct Faculty for Troy State University’s Master of Public Administration Program in the Pacific Theater, where she taught Intergovernmental Relations, Research Methods and Economics for Public Administrators.

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CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS

NELS YOUNGBORG
Senior Associate / Architectural Historian

Nels Youngborg has thirteen years of experience in the architectural inspection services and historic preservation fields. He holds a Masters Certificate in Historic Preservation from the University of Texas, San Antonio and is completing his thesis for a M.S. in Historic Preservation from the University of Pennsylvania. For over six years, Nels worked as a consultant to advise public housing authorities on best practices for maintaining, weatherizing and rehabilitating their properties and how to approach projects that would impact historic resources. These services required experience with material life-cycle analysis, LEED AP accreditation, federal certification for real estate assessment, and intimate knowledge of Federal and State regulations regarding historic resources. Nels also worked as a student professional worker and an emergency appointment planning assistant at the City of Los Angeles Department of City Planning Office of Historic Resources for two years. He managed the Historic-Cultural Monument program, worked with the Cultural Heritage Commission to create their hearing schedule, wrote staff reports to advise the City's historic preservation cases, assisted in management of the Mills Act program, reviewed and cleared permits for historic resources, reviewed Environmental Impact Reports that proposed potential impacts to historic resources, and served as the social media coordinator for SurveyLA, the Los Angeles Citywide Historic Resources Survey. At Chattel, Nels has continued to manage aspects of the City of Los Angeles’s Mills Act Program, including pre-approval and periodic inspections. Nels specializes in assessment of historic significance, design review, permit expediting, geolocational database management and map creation through ArcGIS software, material condition assessment and risk analysis, preparation of documentation to support local, State and Federal historic preservation regulations, such as the Los Angeles Cultural Heritage Ordinance, Mills Act, California Environmental Quality Act (CEQA), National Historic Preservation Act (NHPA), and compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

ALVIN-CHRISTIAN NUVAL
Associate III / Planner

Alvin holds both a Master of Urban and Regional Planning with concentrations in Design and Development and Transportation Policy and Planning and a B.A. in Global Studies with a Minor in Education Studies from UCLA, where his master’s capstone project focused on identifying ways to support teachers, educators, and parents in introducing urban planning topics to elementary school-aged children.

For his work, he received a Shapiro Fellowship and was selected by the Lewis Center for Regional Policy Studies as a student grantee. In 2018, Alvin received a Student Scholarship to attend the National APIA Historic Preservation Forum in San Francisco. Alvin’s professional experience includes interning for Chattel prior to advancing as an Associate, working with cultural community-based organizations in Historic Filipinotown and Little Tokyo, and engaging in the production of events such as the Los Angeles Asian Pacific Film Festival and CicLAvia. At Chattel, Alvin has worked on a variety of projects including preparation of historic resource assessments and local landmark nominations and review of projects for conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. He has completed two Section 106 reviews for the County of Kern and successfully listed the Edward and America Griffith House in Laguna Beach on the National Register of Historic Places. Currently, Alvin is working with a team of historians to develop an interpretive history walk at Roosevelt High School in Boyle Heights. Alvin enjoys researching the background of different properties using newspaper articles and is passionate about making history more accessible to people of all ages and backgrounds.

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CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS

HANNAH PHILLIPS
Associate I / Architectural Historian

Hannah holds a M.A in Public History from California State University, Sacramento with a concentration in Historic Preservation and a B.A in both History and Middle East/South Asia Studies from University of California, Davis. For their thesis project, Hannah nominated the Guild Theater in Sacramento to the National Register of Historic Places and is completing the process of successfully listing the property. They served as a board member for the Research and Creative Activity Advisory Board at Sacramento State and worked to maintain equitable and accessible platforms for students to present research and mitigate potential barriers. They also contributed to the redesignation of Sutter’s Fort in Sacramento as a National Historic Landmark. Hannah’s professional experience includes working as a Cultural Resources Assistant with the California Energy Commission where they mapped site records and environmental compliance reports using ArcGIS Online geospatial database, conducted ethnographic research, and co-authored the Tribal Energy Resiliency Conference Report. Hannah recently joined Chattel as an Associate I.

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323.377.8425 • 305.573.7011
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1 PROPOSAL FOR CONSERVATION
CITY OF ORANGE – PLAZA SQUARE FOUNTAIN

Prepared for: Alvin-Christian Nuval, Associate III
Chattel, Inc. | Historic Preservation Consultants
13417 Ventura Blvd
Sherman Oaks, CA 91423-3938
office: 818-788-7954 x3
[email protected]

Conservators: Christina Varvi, Co-Chief Conservator
[email protected]
Nelson Hallonquist, Director of Operations
[email protected]
Date of Assessment:

Date of Proposal:

May 22, 2023
May 31, 2023

RLA Conservation, LLC is pleased to submit the following proposal for conservation of an historic tiled and painted cast iron fountain located at the center of Plaza Square in the City of Orange, CA. The fountain was assessed by RLA President and Co-Chief Conservator Christina Varvi on May 22nd, assisted by City of Orange Senior Project/Landscape Coordinator, Nathan Bluhm.

Record images are included in this proposal. Additional images were taken during the assessment To access all assessment images, please copy and paste the following Dropbox link into your internet browser:

https://www.dropbox.com/sh/w7pdqtkcfls2ml2/AADxQL8yFdV8CoK0sTm41JDLa?dl=0

Title: Plaza Square Fountain
Date: 1937
Materials:

Dimensions:

Glazed ceramic tile, concrete, cast iron, paint (Tnemec), grout, glass, aluminum
Outer basin: approx. 25’ in diameter
Central Fountain 6’ in diameter x 6.5’ H (including tiled plinth)

DESCRIPTION:

The fountain at the center of Plaza Square consists of a large outer basin at ground level with a central pedestal upon which a smaller fountain basin is installed. The overall configuration of the fountain has been modified several times since its installation in the 1937. However, the majority of its current components are historic. The outer basin consists of poured-in-place concrete clad with glazed ceramic tiles in solid shades of blue, red, orange/terra cotta, and green. The grout has likely been replaced at some point in time, but currently appears to be a mixture of what may be 211

Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 4728 NE Miami Place • Miami, FL 33137
323.377.8425 • 305.573.7011
http://rlaconservation.com

2 white epoxy grout with sanded white cementitious grout smoothed over the skyward-facing surfaces. The interior surfaces of the basin have been coated with an unknown light blue colored coating. The coating is thin enough that the original casting/installation date is still visible. The central plinth is also clad with blue, red, and green tile of varying sizes. The smallest tiles are 1” square and encircle the cylindrical plinth. At the outer vertical face of the basin, there is a bronze dedication plaque set within the tile field and secured with hardware. There is also a bronze plaque and engraved granite plaque set within the encircling stained concrete pavers.

Mounted atop this plinth is a painted cast iron pedestal fountain. The paint is glossy white and is monochrome throughout the fountain surface. Mounted to the underside of the upper basin lip are alternating red, white, and blue lightbulbs that encircle the underside of this basin. The bulbs appear to be thick glass and are somewhat pill shaped. The conduit, mounts, and sockets may be painted aluminum. Water appears to emanate from a primary central spout that is encircled by a ring of smaller spouts. Water flows over the upper basin edges and into the larger outer basin. Per the City, the water re-circulates from the smaller upper basin, into the lower basin, and cycles through the plumbing to be pumped up through the smaller basin again. The water is routinely treated with liquid chlorine and dichlor (dichloro-S- Triazinetrione – another type of chlorine) as well as muriatic acid to mitigate development of biological growths and other bacteria from forming. Additionally, a Biodex® brand tile cleaner is also used.

CONDITION:

Part of the outer basin wall and its tiles were damaged when a car left the roadway and struck the fountain. The concrete portion of the wall that is now missing and its tiles will be repaired by McCandless Tile (originally fabricated the fountain) with replica tile fabricated by California Pottery & Tile. However, there are adverse and visually detracting conditions present outside of the accident event that the City would also like to address.

The tile throughout the fountain exhibits varying degrees of mineral deposit accumulation.

Southern California has notoriously hard water. Since the fountain water is re-circulating and not drained and replenished with any set frequency, mineral concentration likely builds up over time as water evaporates, leaving the heavier minerals behind. The concentration of deposits varies depending on location. Tiles above the water line at the interior vertical face of the outer basin exhibit the greatest accumulation of deposits, followed by the north/northeast skyward-facing surfaces of the outer basin due to wind-blown water from the central spouts.

While the tile at the central plinth appears to be in good condition, the extant tile around the cap of the outer basin varies in condition due to its high level of interaction from the general public.

Incised graffiti mars the glaze of multiple tiles. This type of damage cannot be repaired in kind. In- painting can reduce its visually detracting appearance, but it will always be visible to some extent at normal viewing distance (i.e., within 3’). Glaze and clay body losses were also noted and range in size from approximately ¼” in diameter to several inches in diameter. In discussion with the 212

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3 client, losses greater than 1/3 – ½ of the tile may warrant full removal and replacement of the tile in kind due to the excessive extent of damage. Repair attempts have occurred at some of these larger losses, including white cementitious material or straight grout. The grout throughout the outer fountain basin is in fair to good condition. What appears to be epoxy modified grout at the vertical surfaces appears intact with no cracking or separation occurring at the joins with the tiles.

The grout at the skyward facing surfaces is in varied condition. It appears as though sanded white cementitious grout has been added in these areas. The grout is soiled, cracking, and in some areas missing.

The light blue liner of the interior basin largely appears to be intact. It has discolored over time, likely due to prolonged chemical exposure, abrasion, UV, etc. Due to the accident, there is a sizable amount of dirt and small debris throughout the basin. There do appear to be hairline cracks radiating from the central plinth/pedestal to the outer edge of the basin. City staff indicated that there were no reported leaks or breaches of the basin seal prior to the accident. At a minimum, the liner will need patching to blend in the area of wall repair after it has been reconstructed and re- tiled.

According to the City, the central fountain element is in good working order. It is unknown if all of the lights are operating as they should. City staff also indicated that the fountain basin has been repainted several times. It is unclear if the same Tnemec® products have been used during subsequent re-paintings after the fountain was stripped to bare metal, primed and painted during the last major fountain renovation. On the undersides of the smaller upper basin, the paint is very glossy and the texture is thick and not homogenous throughout. Orange corrosion products are visible throughout the cast iron pedestal and outer edges of its basin. There are also gray mineral deposit build-ups on the pedestal. The layers of overpaint must be removed to address the underlying corrosion as well as ensure the cast decorative schemes on the pedestal are not obscured or diminished by applying additional thick layers of overpaint.

SELECT CONDITION IMAGES:

Overview of fountain basin with area of repair from car impact.

Overview of central painted cast iron pedestal fountain and tiled plinth.
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Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 4728 NE Miami Place • Miami, FL 33137
323.377.8425 • 305.573.7011
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4 Detail of deteriorated light blue fountain lining with basin crack. Engraved date of fabrication is to be retained and remain legible following treatment.

Detail of mineral deposits, tile losses, and grout
deterioration at skyward-facing tiles of outer basin.

Detail of extensive mineral deposits at interior vertical face of basin tiles.

Detail of incised graffiti in tile glaze, soiling, grout deterioration, and small losses throughout the tile glaze.

Detail of representative tile and grout damage. Detail of ferrous corrosion and mineral deposits. 214

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5 TREATMENT OBJECTIVE: To remove existing coatings on the fountain and replace with an industrial- grade coating system, as well as clean and mitigate mineral deposit build-up, graffiti and deteriorating grout at the extant outer basin tiles.

PROPOSED TREATMENT:

1. Document each phase with a written report and high-resolution digital images before, during, and after. Provide Dropbox links to all Phase I and Phase II images. For the final report, provide recommendations for ongoing maintenance, including methods, products, and frequency.

2. Phase I – Testing & Mock-Ups:
a. Document all testing and mock-ups with high-resolution digital photographs and a written report. Provide a Dropbox link to all testing and mock-up images. If necessary based on results of testing and mock-ups, revise proposal to reflect any changes to scope and associated costs.
b. Test proprietary masonry cleaners for general surface cleaning to remove dirt, grime, and micro biological growths.
c. Test proprietary cleaners for glazed ceramic tile as well as IBIX® system with calcium carbonate media utilized at low BAR for mineral deposit removal. d. Remove deteriorating grout in select area and provide mock-up of new white, sanded grout.
e. Mock-up in-painting incised graffiti and glaze chip losses (i.e., too small to warrant fills) with a conservation-grade paint system and varnish that are rated for outdoor use.
i. Note: It is not possible to repair ceramic glaze in kind. In-painting will help make the incised marks less noticeable, but they will still be visible within normal viewing distance (approximately 3’).
f. Mock-up filling losses with a conservation-grade patching mortar that is compatible with ceramic substrates. Shape and smooth fill to blend with adjacent surfaces. i. In-paint fills with a conservation-grade paint system and varnish that are rated for outdoor use.
ii. Work with client to identify and quantify which tiles are so damaged that they should be removed and replaced in kind by McCandless Tile. g. Test efficiency of IBIX® system for removal of the blue liner. i. Because the IBIX® system has a small nozzle, it may not be the most efficient means of removing this coating. It may make more sense to only use this more sensitive means of removal on and immediately around the engraved date of fabrication. If so, we will include an estimate in the updated proposal for sandblasting the liner by a commercial company under the conservator’s supervision.
215

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6 ii. Research new replacement liner coating that will not be too bulky and mock-up proposed material.
h. Quantify cracks at interior basin and sound to determine if there is any delamination. Propose methodology for filling/stabilizing cracks or any noted areas of delamination.
i. Test IBIX® system and paint strippers for removal of coating on cast iron. i. Test pedestal, electrical area, and fountain works at top to ensure that all areas can be successfully accessed without damaging any electrical or fountain works components.
j. Obtain drawdowns from Tnemec for white glossy paint from Tnemec®. Standard white will be selected unless color matching to the base/original layer or a previous color swatch or formula is required by the client, which would be billed at an additional cost.
i. A physical mock-up of the paint/color will not be performed on the fountain itself.
ii. The client must submit written approval of the color before RLA will order the material for Phase II.

3. Phase II - Treatment:
a. Document the treatment with a written report and high-resolution digital photographs. Provide a Dropbox link to all treatment images as well as recommendations for ongoing maintenance.
b. Protect surrounding pavers with ram board and plastic sheeting as necessary. c. Depending on results of testing, remove existing blue liner coating from within pool basin and dispose of all debris in accordance with all applicable guidelines. d. Perform coating removal throughout the cast iron basin according to protocols set during the mock-up phase (i.e., either abrasive cleaning and/or chemical stripping). i. Prior to coating removal, remove glass lightbulbs and tape off/protect electrical sockets and fountain works at top of basin.

1. Remove mineral deposits from light bulbs and apply sacrificial wax coating over glass to help mitigate build-up of future deposits. ii. Once areas have been stripped, coat exposed metal with an industrial- grade, zinc-rich primer via brush or HVLP spray depending on accessibility. iii. Once cured, apply an epoxy inter layer over all surfaces. iv. Apply at least two (2) coats of selected white topcoat per the manufacturer’s specifications.
v. Please allow paint to fully cure for at least two (2) weeks before resuming fountain usage.
e. Perform general cleaning and mineral deposit removal at the outer basin, central plinth tiles, embedded engraved granite plaques, and grout according to protocols set during mock-up phase.
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323.377.8425 • 305.573.7011
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7 f. Rake/remove identified/localized areas of deteriorating grout to sound material and repoint with grout selected/approved during mock-ups. Full re-point is not included.
g. Patch tile losses with approved, conservation-grade patching material that is compatible with ceramic substrates.
h. In-paint incised graffiti and fills with approved conservation-grade paint system and varnish.
i. Note: It is not possible to repair ceramic glaze in kind. In-painting will help make the incised marks less noticeable, but they will still be visible within normal viewing distance (approximately 3’).
i. If necessary, route and fill/stabilize cracks in basin. Smooth fill material to be flush with adjacent surfaces.
j. Apply approved basin liner coating to interior basin surfaces per the manufacturer’s specifications.
i. Prior to application, apply surface protection over treated tile surfaces at central pedestal and interior vertical tiles.
k. Clean applied bronze dedication plaques with conservation-grade detergent. i. Mitigate any corrosion and degrease surfaces with organic solvent. ii. Warm plaque surfaces with a small propane torch and apply a hot wax coating developed by the Getty Conservation Institute to withstand high heat and UV environments. Allow surface to cool and buff. iii. Apply two (2) sacrificial coats of cold carnauba-based paste wax. Allow wax to dry after each coat and buff to appropriate sheen.

ESTIMATED COSTS:

Costs are inclusive of labor, documentation, materials, equipment, and access. RLA assumes that water hook-ups and electricity will be available within 100’ of the fountain and that parking for at least one (1) vehicle will be provided within close proximity to the site. Due to the method of coating removal and re- application, we recommend that the City add a windscreen to the encircling security fencing to assist with dust control. Cost of a windscreen is not included. Costs are not at prevailing wage rates and do not include any permits, bonds, or any type of special licenses or insurance. Costs also assume that no hazardous materials (i.e., lead or asbestos) are present in coatings, glazes, grout, etc. Cost of hazardous materials testing is not included and RLA assumes that the City/client will have this performed ahead of project kick- off. Replication, removal and replacement, as well as re-setting and grouting replacement tiles to be performed by McCandless Tile and is excluded from our scope. Scope of work/costs do not include any plumbing, electrical, or other components that relate to fountain functionality/operation. Scope of work/costs do not include any other sealing aside from re-application of the interior basin liner.

Scope of work and costs for Phase II are estimated and may change pending the results of testing and mock- ups in Phase I. Once Phase I is complete, RLA will provide an updated proposal as needed.

Phase 1 – Testing & Mock-Ups: $ 11,100.00
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Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 4728 NE Miami Place • Miami, FL 33137
323.377.8425 • 305.573.7011
http://rlaconservation.com

8 Phase 2 – Treatment: $ 68,950.00

Total Estimated Costs: $ 80.050.00

Thank you for the opportunity to care for your collection. Please do not hesitate to contact us with any further questions.

Prepared by:

________________________________ _______________________________ Christina Varvi Co-Chief Conservator Nelson Hallonquist, Director of Operations

Accepted by:

(sign name) (print name)

(title & agency) (date)

EXCLUSIONS AND CAVEATS
• This price is valid for a period of 90 days from the date of the proposal. • No work will be performed until a mutually acceptable schedule for work and payment is agreed upon. • Costs are NOT based on Davis Bacon, Service Contract Act or any other legally mandated prevailing wage rates beyond minimum wage. If prevailing wage compliance is required, we reserve the right to modify our proposal accordingly.
• We require clear access to the worksite in an uninterrupted schedule during daytime work hours, Monday through Friday, unless other arrangements are made. • We will require access to water and electricity within 100 feet of the work site. • We will require access to free parking for at least one vehicle in close proximity to the worksite. • We will require access to bathrooms at the worksite.
• Non-toxic trash will be deposited into dumpsters provided by client unless otherwise arranged. • This price does not include any special insurance, permits, licenses, or bonds. • Notwithstanding anything in the proposal/agreement to the contrary, any material or equipment prices provided herein are only applicable to work performed in the next 90 days. After this period, material 218

Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 4728 NE Miami Place • Miami, FL 33137
323.377.8425 • 305.573.7011
http://rlaconservation.com

9 and equipment prices will be subject to further increases due to any shortages, unavailability or increases in market pricing from any cause whatsoever except to the extent caused by RLA. If, during the performance of the proposal/agreement, any material or equipment price increases, the price shall be increased by an amount necessary to cover such price increases. Where the delivery of material or equipment is delayed, through no fault of RLA, RLA shall not be responsible for any additional costs or damages associated with such delays.
• RLA shall not be considered in default because of any failure to perform the above scope of work under its terms if the failure arises from causes beyond the control and without the fault or negligence of RLA.

Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, (9) earthquakes, and (10) unusually severe weather. In each instance, if RLA determines that any failure to perform would result from one or more of the causes above, the delivery schedule shall be revised.
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this pAge intentionAlly left blAnk
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Agenda Item
City Council
Item #: 3.8. 6/13/2023 File #: 23-0388
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
First Amendment to the Agreement with Allelous, Inc. (dba The HUB OC), for the administration of After School Community Recreation Program Services for youth in Orange.

2. SUMMARY
First Amendment to the After School Community Recreation Program Services Agreement with Allelous, Inc. (dba The Hub OC), for the operation and administration of free After-School Community Programs at three City parks: El Camino Real, Grijalva, and Killefer Parks. The First Amendment extends the term for one year for the operation of the Youth Centers of Orange and authorizes the City to compensate the vendor in the amount of $40,000 for staffing expenses through the Community Development Block Grant funding consistent with the City Council adopted Fiscal Year 2023-2024 Annual Action Plan.

3. RECOMMENDED ACTION
Approve the First Amendment to the Agreement with Allelous, Inc. (dba The HUB OC) in the amount of $40,000; and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this Amendment is $40,000 and will be funded through Community Development Block Grant (310).

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

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 offers free, structured recreation after-school programming for Orange youth ages 5-12 from 2:30-6 p.m. Monday through Friday, including early release days, at El Camino Real, Grijalva, and Killefer Parks. Program days and times follow the Orange Unified School District schedule.

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Item #: 3.8. 6/13/2023 File #: 23-0388
In the past, part-time City employees staffed these programs; however, as a budget savings measure, since 2011, the City has partnered with various non-profit organizations to provide the programs on the City‘sbehalf using Community Development Block Grant (CDBG) consistent with the City Council’s approved Annual Action Plans.

In 2018, the City entered into a five-year agreement with One OC, dba, the Youth Centers of Orange (YCO), to provide after-school programming. The YCO subsidized costs through corporate sponsors, grants, and their general fund. In 2020, YCO assigned the agreement to Allelous, Inc., dba The HUB OC (The HUB). The HUB continued offering the YCO program and supplemented expenditures through fund raising efforts. The current Agreement expires June 30, 2023. Staff is recommending approval of the First Amendment to the Agreement with YCO and The HUB, authorizing a one-year extension and use of $40,000 in CDBG funding to compensate eligible staff time expenses. The First Amendment also adjusts the minimum number of youths served from 300 to 150 to reflect a more accurate number of students served while maintaining safe staff to participant ratios given consistent increases in personnel costs.

Prior to the next application period for CDBG funds, staff will work with the YCO to evaluate the after- school program needs based on the current programming model and provide recommendations for Fiscal Year 2024-25 after school programming.

7. ATTACHMENTS
· First Amendment to the Agreement with Allelous, Inc.

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Agenda Item
City Council
Item #: 3.8. 6/13/2023 File #: 23-0388
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
First Amendment to the Agreement with Allelous, Inc. (dba The HUB OC), for the administration of After School Community Recreation Program Services for youth in Orange.

4. FISCAL IMPACT
The total expenditure for this Amendment is $40,000 and will be funded through Community Development Block Grant (310).

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

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.

In the past, part-time City employees staffed these programs; however, as a budget savings City of Orange Printed on 6/7/2023Page 1 of 2
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Item #: 3.8. 6/13/2023 File #: 23-0388
In the past, part-time City employees staffed these programs; however, as a budget savings measure, since 2011, the City has partnered with various non-profit organizations to provide the programs on the City‘sbehalf using Community Development Block Grant (CDBG) consistent with the City Council’s approved Annual Action Plans.

7. ATTACHMENTS
· First Amendment to the Agreement with Allelous, Inc.

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FIRST AMENDMENT
TO

AFTER SCHOOL COMMUNITY

RECREATION PROGRAM SERVICES AGREEMENT

THIS FIRST AMENDMENT TO AFTER SCHOOL COMMUNITY RECREATION PROGRAM SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _______________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and ALLELOUS, INC., a California corporation doing business as THE HUB OC (“Contractor”), with reference to the following:

A. On July 10, 2018, City entered into an After School Community Recreation Program Services Agreement with ONEOC dba Youth Centers of Orange (“Original Contractor”), Agreement No. 6626, which is incorporated herein by this reference (the “Original Agreement”); and

B. On June 10, 2020, City, ONEOC, and Allelous, Inc. dba The HUB OC entered into an Assignment of After School Community Recreation Program Services Agreement (Agreement No. 6956), which is incorporated herein by this reference (the “Assignment”). By this Assignment, The HUB OC (“Contractor”) assumed all obligations and benefits under the Original Agreement; and

C. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Services, revising the term and increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Revised Scope of Services . The Scope of Work referenced in Recitals Section E.8. of the Original Agreement is hereby modified and supplemented to reflect the services described on Exhibit “A” attached hereto and incorporated herein by this reference.

Section 4. Revised Term of Agreement. The Term of Agreement in Section 1 of the Original Agreement is hereby extended and incorporated herein by this reference. The pertinent provision in Section 1 is revised to read as follows:

“The term of this Agreement will be six years (“Term”) commencing commence July 1, 2018, and expiring on June 30, 2024.”
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2 Section 5. Revised Budget. The Budget referenced in Section 2.A of the Original Agreement is hereby modified and supplemented for the July 1, 2023, to June 30, 2024, period to reflect the budget set forth in Exhibit “ B,” attached hereto and incorporated herein by this reference.

Section 6. Compensation. Section 3 of the Original Agreement, “Compensation,” is revised to read as follows:

3. Compensation

A. This is a Six Year agreement in which the City will subsidize the cost of the program with total funding of FORTY THREE THOUSAND ONE HUNDRED SEVENTY DOLLARS AND 00 /100 ($43, 170.00) per year for the period July 1, 2018 through June 30, 2023, and FORTY THOUSAND AND 00/100 ($40,000.00) per year for the period July 1, 2023, through June 30, 2024, which must be used first for personnel directly serving the programs, and secondarily for other program related costs at Grijalva, El Camino Real, Killefer Parks.

B. CDBG fund ing is dependent upon the availability of funds, CDBG Committee funding recommendations, and City Council allocation of funds during each year's budget process. The CDBG funds can only be used for activities carried out at Grijalva, El Camino Real, and Killefer Parks . The total not -to-exceed amount available for the work and services to be rendered under the Agreement for each year shall be determined and set by the City Council annually, in its sole and absolute discretion, as part of its budget approval process.

C. As Programs are provided, Contractor shall submit invoices for these services on a monthly basis to City based on expenses incurred not to exceed the amounts set for above during the ten month program, at a minimum, based on the Orange Unified School Distr ict Calendar. The invoices shall be in a form that meets the reasonable satisfaction of City and shall only be for those services directly related to the provision of the Programs and within the guidelines of this Agreement, which includes all documents incorporated herein. City shall reimburse Contractor within 30 days of approval of the invoice.

Section 7. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agree ment shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First A mendment shall control and govern the rights and obligations of the parties.

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

“CONTRACTOR” “CITY”

ALLEOUS, INC., a California corporation, dba CITY OF ORANGE, a municipal corporation

THE HUB OC

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

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

√

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EXHIBIT “A”
Scope of Work
Funding
• The provided funding support will come from Community Development Block Grant (CDBG) funding.

Due to grant funding, specific CDBG requirements must be met in terms of reporting/tracking and participant eligibility. See Administrative Requirements below for more information regarding CDBG. • The City will cover all facility maintenance and usage costs associated with each program site including but not limited to utilities (excluding phone), custodial, and building repairs that are attributed to normal wear and tear, etc.
• The Contractor will provide funding beyond the provided CDBG funds using other funding sources.

Staff
• The Contractor will have at least one (1) staff member on duty per fourteen (14) participants at each program site. The staff member must be present prior to programming and will remain at site until all participants officially sign out.
• The Contractor will always have at least one lead staff at each site, to supervise staff, volunteers, and overall program structure during the designated site time. • The Contractor will require all program staff to be in an approved Youth Centers of Orange uniform during program hours.
• The Contractor will have at least one (1) first aid and CPR certified staff at each site during program times.
• The Contractor will conduct initial background checks of all program staff consisting of drug testing, TB test, and Livescan fing erprints, including a Megan’s Law Check. Background checks for returning staff must consist of drug screen each year.

Volunteers
• The Contractor will ensure all volunteers working with minors under the age of 18 obtain Livescan fingerprints, including a Megan’s Law check.

Programming
• The Contractor will provide programming from 2:30 p.m.-6 p.m. Monday through Friday and half days per the Orange Unified School District academic instruction ten-month calendar. The Contractor will not close site if an offsite excursion is planned; the program is to be available for participants to arrive and leave during the designated program time.
• The Contractor will provide at a minimum, programming details on a written monthly calendar to include recreation, enrichment, daily tutoring and/or homework assistance, and site special events.

The Contractor may offer a snack or nutrition program at each program site. • The Contractor shall communicate all program dates bi-annually, including closures, to the designated City of Orange official, for approval of the site. If at any time the Contractor recommends program sites are to close due to unforeseen circumstances, the Contractor should confer with the City designee before the decision is made.
• The Contractor shall inform de signated City of Orange official within 24 hours of any complaints received or issues of concern raised by parents/guardians that the City may need to address. • The Contractor will maintain the appropriate first aid supplies at each program site for participants. 228

Administrative Requirements
• The Contractor will offer programming to a minimum of 150 children, ages 5 -13, kindergarten to eighth grade, combined annually at Killefer, Grijalva, and El Camino Real Park sites. • The contractor will provide a registration packet to each participant and shall include liability form, discipline policy agreement, drop off/pick up agreement, CDBG form. • The Contractor will maintain and file all records including liability form, discipl ine policy agreement, drop off/pick up agreement, CDBG Client Eligibility Form, and sign in and out sheets at each program site.
o Updated CDBG Client Eligibility Forms will be provided each year. • The Contractor will submit quarterly and annual reports for CDBG. The contractor will obtain information regarding family size and income to demonstrate that at least 51 percent of the participant clientele are low and moderate income (LMI). o Updated CDBG quarterly and annual reports will be provided each year. • The Contractor will keep accident forms and incident forms, specifically those occurring at or on the premises of the facility, on file at each program site. • The Contractor agrees to and shall submit copies of all reports to the City designee, within 24 hours of the occurrence or incident.
• The Contractor will issue a site permission slip for all offsite excursions/events. • The Contractor will meet with the City on a regular basis to ensure ongoing communication and agreement oversight.
• The Contractor will ke ep a telephone/cell phone, with the number, and contact information posted at each site during program hours. The Contractor agrees to and shall return patron phone calls within one (1) business day. The phone service is the responsibility of the Contractor.

Policies
• The Contractor will maintain a structured discipline policy for those participants which includes consequences for poor actions, how the participants are to react in the after-school program setting, and communication with the parents and children verbally and in writing. • The Contractor will include a drop-off/pick-up policy for parents and guardians to follow, designated persons able to pick -up/drop-off, consequences for after -hours pick-up, and participant sign in/out privileges.

Facility
• The Contractor and designated City of Orange official will meet and confer on all available building supplies and space, including storage, prior to the first day of programming of each new school year. • The Contractor is responsible for keeping each site clean and free of safety hazards: clear walkways, clean floors (sweep after activities, when necessary), cover and clean table surfaces, set up and breakdown tables and chairs at El Camino site daily, and return to designated storage space. • The Contractor is to report any safety, maintenance, or equipment malfunction issue to the City designee immediately.
• The Contractor will complete facility use cleaning forms at each site daily, at the beginning and end of each program day, turn in seasonally, and report safety related concerns within 24 hours. • The Contractor will be responsible for damage of a facility caused by negligence. 229

EXHIBIT “B”
BUDGET
Site Expenses

Grijalva Park
Basic Supplies $1,270
Site Supervisors $25,000
Support Staff $20,320
Staffing Subtotal $46,590
18% Contingency (Taxes, Misc Expenses) $8,158
Total $54,748

Killefer Park
Basic Supplies $1,270
Site Supervisors $25,000
Support Staff $20,320
Staffing Subtotal $46,590
18% Contingency (Taxes, Misc Expenses) $8,158
Total $54,748

El Camino Park
Basic Supplies $1,270
Site Supervisors $25,000
Support Staff $20,320
Staffing Subtotal $46,590
18% Contingency (Taxes, Misc Expenses) $8,158
Total $54,748

*CDBG funding will not exceed $40,000.00, the remaining balance will be covered by other sources. 230
Agenda Item
City Council
Item #: 3.9. 6/13/2023 File #: 23-0229
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with Fortel Traffic, Inc. for as-needed procurement, installation, and maintenance of speed radar feedback signs and related electrical devices.

2. SUMMARY
First Amendment to the Agreement with Fortel Traffic, Inc. to increase agreement amount by an additional $100,000 to continue as-needed procurement, installation, and maintenance of speed radar feedback signs and related electrical devices.

3. RECOMMENDED ACTION
Approve the amendment to agreement with Fortel Traffic, Inc. in the amount of $100,000 for as- needed procurement, installation, and maintenance of speed radar feedback signs and related electrical devices and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $100,000 and will be funded in Minor Traffic Control Devices (16302) through Capital Projects (500).

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

6. DISCUSSION AND BACKGROUND
Speeding on City streets continues to be one of the concerns most commonly expressed by residents and motorists. Speed radar feedback (digital speed display) signs are flexible tools that help address these concerns by displaying the motorists’ current speeds and depending on the model, a programmable message.

In April 2022, along with the purchase of six speed radar feedback signs, the City Council approved Fortel Traffic, Inc. (Fortel) as a single source vendor. In September 2022 the City entered into an agreement with Fortel for the as-needed procurement, installation, and maintenance of speed radar feedback signs and related electrical devices.

Based on the effectiveness of the signs at encouraging slower speeds, their acceptance by our community and motoring public, and the number of inquiries received, staff anticipates the need to purchase, install, and maintain additional units. The original contract value of $100,000 has been City of Orange Printed on 6/7/2023Page 1 of 2
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Item #: 3.9. 6/13/2023 File #: 23-0229
purchase, install, and maintain additional units. The original contract value of $100,000 has been fully utilized, and an amendment is required to ensure continuity of this traffic calming and arterial speed management program.

If approved, the Agreement would be amended to reflect a not-to-exceed amount of $200,000 (the original $100,000 plus the requested additional amount of $100,000).

No budget appropriation is being requested at this time. The purchase order corresponding to this amendment will be funded incrementally and as needed, through one of the City’s budgeted “maintenance-type” capital improvement projects (Minor Traffic Control Devices).

7. ATTACHMENTS
· First Amendment to Agreement with Fortel Traffic, Inc.

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Agenda Item
City Council
Item #: 3.9. 6/13/2023 File #: 23-0229
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with Fortel Traffic, Inc. for as-needed procurement, installation, and maintenance of speed radar feedback signs and related electrical devices.

4. FISCAL IMPACT
The total expenditure for this amendment is $100,000 and will be funded in Minor Traffic Control Devices (16302) through Capital Projects (500).

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

Based on the effectiveness of the signs at encouraging slower speeds, their acceptance by our community and motoring public, and the number of inquiries received, staff anticipates the need to purchase, install, and maintain additional units. The original contract value of $100,000 has been City of Orange Printed on 6/7/2023Page 1 of 2
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Item #: 3.9. 6/13/2023 File #: 23-0229
purchase, install, and maintain additional units. The original contract value of $100,000 has been fully utilized, and an amendment is required to ensure continuity of this traffic calming and arterial speed management program.

If approved, the Agreement would be amended to reflect a not-to-exceed amount of $200,000 (the original $100,000 plus the requested additional amount of $100,000).

7. ATTACHMENTS
· First Amendment to Agreement with Fortel Traffic, Inc.

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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[As-Needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices Services]

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of ____________ _____, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and FORTEL TRAFFIC, INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7410) dated September 13, 2022 , which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Or iginal Agreement to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by ONE HUNDRED THOUSAND DOLLARS and 00/100 ($100,000.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED THOUSAND DOLLARS and 00/100 ($ 200,000.00) without the prior written authorization of City.”

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

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

“CONTRACTOR” “CITY”

FORTEL TRAFFIC, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

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

√
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Agenda Item
City Council
Item #: 3.10. 6/13/2023 File #: 23-0328
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Termination of Reciprocal Easement Agreement between 1201 and 1249 E. Katella Avenue.

2. SUMMARY
The termination of the reciprocal access agreement between Citizens Business Bank (1201 E Katella Ave), and City of Orange (1249 E Katella Ave) is a requirement of the tax credit financing for the Katella Terrace senior affordable housing project.

3. RECOMMENDED ACTION
Approve the Termination of Reciprocal Easement Agreement between Citizens Business Bank and the City of Orange; and authorize the Mayor to execute on behalf of the City.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
On February 8, 2022, the Orange City Council approved an agreement with OSH Katella Terrace LLC to accept land donation of the property located at 1249 E Katella Ave. The land donation from OSH Katella, LLC, is for the development of the Katella Terrace Apartments senior affordable housing project.

The transfer of land ownership to the City of Orange inherently came with a reciprocal access easement with the adjacent property at 1201 E Katella Ave, currently owned by Citizens Business Bank. Both owners agree the reciprocal access is no longer needed and wish to terminate the easement. Furthermore, the termination of the reciprocal access easement is a requirement for the tax credit financing of the senior affordable housing project.

7. ATTACHMENTS
· Termination of Reciprocal Easement Agreement
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Agenda Item
City Council
Item #: 3.10. 6/13/2023 File #: 23-0328
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Termination of Reciprocal Easement Agreement between 1201 and 1249 E. Katella Avenue.

3. RECOMMENDED ACTION
Approve the Termination of Reciprocal Easement Agreement between Citizens Business Bank and the City of Orange; and authorize the Mayor to execute on behalf of the City.

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.

7. ATTACHMENTS
· Termination of Reciprocal Easement Agreement
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Agenda Item
City Council
Item #: 3.11. 6/13/2023 File #: 23-0351
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $246,440 in polychlorinated biphenyl (PCB) Total Maximum Daily Load (TMDL) settlement funding to be used for restitution and future costs associated with the TMDL regulatory compliance program.

2. SUMMARY
As party to the class action settlement reached with the Monsanto Company, et al., the TMDL funding agencies received settlement checks in varying amounts to reimburse and aid in future compliance costs associated with PCB monitoring, reporting and project implementation.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $246,440 in settlement funds from PCB Settlement Fund-PCB TMDL fund into revenue account number 220.5024.48210.20532, Sewer - Water Quality TMDL Settlement.

2. Authorize the appropriation of $246,440 into expenditure account number 220.5024.56340.20532, Sewer - CIP- Water Quality TMDL Settlement.

4. FISCAL IMPACT
None. Capital improvement projects using these settlement funds will be approved at a later date.

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

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

6. DISCUSSION AND BACKGROUND
As a partner agency within the Upper Newport Bay Watershed, the City has been participating in the TMDL regulatory compliance program for monitoring, reporting and project implementation within the watershed. As the focus of the Fecal Coliform, Nutrient and Toxics TMDL program is pollutant reduction and removal of pollutants such as PCBs from the watershed, the City will continue to incur annual costs associated with compliance (see the most recent Agreement MA-080-23010376 to address TMDL compliance).

The settlement payment received by the City in the amount of $246,446.00 as a TMDL Fund Entity in City of Orange Printed on 6/7/2023Page 1 of 2
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Item #: 3.11. 6/13/2023 File #: 23-0351
The settlement payment received by the City in the amount of $246,446.00 as a TMDL Fund Entity in the class action lawsuit City of Long Beach, et al. v. Monsanto Company, et al. in the United States District Court for the Central District of California, was calculated in accordance with the terms of the Settlement Agreement approved by the Court in the case. The Public Works Department has created an account wherein the funds will be placed and used for previous and on-going TMDL program costs.

7. ATTACHMENTS
· Cooperative Agreement
City of Orange Printed on 6/7/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.11. 6/13/2023 File #: 23-0351
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $246,440 in settlement funds from PCB Settlement Fund-PCB TMDL fund into revenue account number 220.5024.48210.20532, Sewer - Water Quality TMDL Settlement.

2. Authorize the appropriation of $246,440 into expenditure account number 220.5024.56340.20532, Sewer - CIP- Water Quality TMDL Settlement.

4. FISCAL IMPACT
None. Capital improvement projects using these settlement funds will be approved at a later date.

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

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

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Item #: 3.11. 6/13/2023 File #: 23-0351
The settlement payment received by the City in the amount of $246,446.00 as a TMDL Fund Entity in the class action lawsuit City of Long Beach, et al. v. Monsanto Company, et al. in the United States District Court for the Central District of California, was calculated in accordance with the terms of the Settlement Agreement approved by the Court in the case. The Public Works Department has created an account wherein the funds will be placed and used for previous and on-going TMDL program costs.

7. ATTACHMENTS
· Cooperative Agreement
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COOPERATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND

RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED

THIS AGREEMENT, for purposes of identification numbered MA-080-23010376, referred to hereinafter as “Agreement”, is made and entered into this _____ day of _________, 2023 , by and between the County of Orange (“County”), the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, the City of Tustin, Irvine Ranch Water District , and the Irvine Company. These entities are hereinafter sometimes jointly referred to as “Parties” and individually as “Party.” City entities are hereinafter sometimes jointly referred to as “Cities.” The Cities, County, and the Orange County Flood Control District are hereinafter sometimes jointly referred to as the “Municipal Parties.”

RECITALS
WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region (“Regional Board”) adopted Resolution No. 98-9, as amended by Resolution No. 98-100, amending the Water Quality Control Plan for the Santa Ana River Basin (“Basin Plan”) to incorporate a Nutrient Total Maximum Daily Load (“TMDL”) for the Newport Bay/San Diego Creek Watershed on April 17, 1998 , and Resolution 99-10 amending the Basin Plan to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9, 1999, pursuant to the provisions of Section 303(d) of the Clean Water Act, and Resolution 2018- 0041 amending the Basin Plan to incorporate a TMDL for Selenium in freshwater in Newport Bay Watershed on September 20, 2018; and,
WHEREAS, the United States Environmental Protection Agency established technical TMDLs for toxic pollutants (“Toxics TMDLs”) for San Diego Creek and Newport Bay, California, on June 14, 2002, and the Regional Board has been in the process of developing implementation plans or updating these Toxics TMDLs through separate Basin Plan processes, and Basin Plan amendments for Diazinon and Chlorpyrifos TMDLs, the Organochlorines TMDLs, and the Selenium TMDL have been adopted, and Basin Plan amendments for metals are in development; and, DocuSign Envelope ID: 1BA8963B-D1FF-4D73-A9D3-31F119010F0D AGR-7493
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WHEREAS, the Newport Bay Nutrient, Fecal Coliform, and Toxics TMDLs (collectively referred to as “Newport Bay TMDLs”) contain requirements for studies, monitoring, and the development of programs to attain TMDL targets over a multi-year period; and, WHEREAS, the Newport Bay TMDLs are included in the National Pollutant Discharge Elimination System Municipal Stormwater Permit (“NPDES Permit”), Order No. R8 -2009-0030, issued to the Municipal Parties by the Regional Board, which encourages a cooperative watershed program approach, and, as of the end of 2022, NPDES Permit, Order No. R8-2022-0008 is in development; and, WHEREAS, the Parties entered into Agreement No. D99-128 on September 18, 2003 and subsequent amendments on July 5, 2006, March 29, 2008, and July 8, 2010, to provide funding for the studies and implementation activities related to the Newport Bay TMDLs; and, WHEREAS, the Parties subsequently entered into Agreement No. D11 -066 on June 26, 2012 as a successor to Agreement No. D99-128, with a further amendment on October 20, 2015; and, WHEREAS, the Parties subsequently entered into Agreement No. MA -080-18011416 on August 14, 2018 as a successor to Agreement No. D11-066; and,
WHEREAS, the Parties intend this Agreement as a successor to Agreement MA-080-18011416, to provide for the performance of: additional studies, research, monitoring, reporting, development and/or revision of programs related to the Newport Bay TMDLs; assessment and development of programs related to current and future Clean Water Act §303(d) listings and/or NPDES Permit requirements for watershed management plans; actions in response to threats of administrative enforcement and citizen suits; and planning, permitting, design, construction, and maintenance of TMDL pilot projects; and , WHEREAS, the Parties have reached agreement on funding shares which are shown in Exhibit A; and,
WHEREAS, the Parties share a common interest in the regulatory compliance gained through the activities to be funded and performed pursuant to this Agreement, and the Parties further acknowledge that: each Party is entering into this Agreement for such purpose; there are common issues/questions of DocuSign Envelope ID: 1BA8963B-D1FF-4D73-A9D3-31F119010F0D 246
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law and fact among the Parties; it is the understanding of each Party that, in the performance of this Agreement, as with preceding agreements to which this Agreement is successor, confidential communications protected by the attorney-client privilege and attorney work product doctrine may be disclosed among the Parties through their counsel. Based on the foregoing, the Parties now wish to enter into a common interest agreement to memorialize their mutual understanding that confidential communications are to be kept confidential and protected from disclosure to the fullest extent allowed by law; and
WHEREAS, it is recognized that additional compliance efforts may be necessary and the Parties may choose to fund projects under separate agreements.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:

Section 1. PURPOSE. This Agreement is entered into for the purpose of funding and performing program activities related to the Newport Bay TMDLs, NPDES Permit requirements specific to the Newport Bay watershed, current and future Clean Water Act §303(d) listings in the Newport Bay watershed, and other related matters which may affect NPDES Permit compliance and/or enforcement within the Newport Bay watershed.

Section 2. TERM. The term of this Agreement shall commence upon approval and execution of this Agreement by all Parties, or on July 1, 2023, whichever is later, and shall continue until June 30, 2028.

Section 3. PROGRAM WORK PLAN. The County shall work in concert with all Parties to develop a work plan for the following fiscal year and will provide longer term financial forecasts. The work plan for the upcoming fiscal years shall be submitted to each of the Parties by February 15 of each year. The work plan may designate a Party as a lead other than the County for a work plan task(s), provided that the County obtains the prior written consent of such other Party .

Section 4. BUDGET AND COSTS. The budget for the 2023–24 fiscal year, subject to appropriations, is $1,308,854 and is shown in Exhibit A. The County shall work in concert with all the Parties to develop a budget for the following fiscal years. Budgeted amounts for pilot project(s) shall not DocuSign Envelope ID: 1BA8963B-D1FF-4D73-A9D3-31F119010F0D 247
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exceed $200,000 for all pilot projects in any one fiscal year. For the following fiscal year and thereafter, a budget shall be submitted to each of the Parties by February 15 of each year. The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures and an estimate of the payment required from each Party for the following fiscal year.

The County shall be entitled to charge to the program all costs for direct labor, materials, equipment, and outside contract services for costs associated with carrying out the approved scope of work. Recoverable costs will also include an overhead charge.

Section 5. WORK PLAN TASK LEAD REIMBURSEMENT. With a Party’s prior written consent, the County may designate a Party as a task lead with respect to specific tasks on the operative work plan.

If a Party is designated as a task lead, upon prior written authorization from County, the Party shall invoice the County for authorized expenses up to the approved budget amount for the work plan task.

Section 6. APPROVALS AND ADJUSTMENTS. The Parties shall be permitted to review and approve the budget and program work plan for the forthcoming year, review work products, and provide direction for performance of the work plan. The Parties shall be notified of the intent to issue contracts to perform the program work plan, shall be permitted to participate in the preparation and review of the scope of work for such contracts, and to serve on the committee evalu ating consultant qualifications/proposals subject to the requirements of the County of Orange Contract Policy Manual.

Criteria for approval of the work plan and budget shall be affirmative responses from Parties representing ninety percent (90%) of the funding shares in Exhibit A and 12 of the 13 Parties. The County and Orange County Flood Control District will constitute one approving Party. Any Party not providing a response by July 15 of each year shall be considered as rendering an affirmative response.

Criteria for approval of adjustments to scopes of work shall be the same as for the approval of the work plan and budget.

Section 7. FUNDING SHARE PERCENTAGES. Exhibit A, which is attached to this Agreement and by this reference is made a part hereof, presents the funding share percentages for the Parties for the term of the Agreement and the costs for the Parties for fiscal year 2023–24.

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Section 8. PAYMENTS. For the initial year of the Agreement, the County shall invoice each Party for its deposit either at the beginning of the fiscal year or thirty (30) days after approval of the Agreement, whichever is later. In following years, the County shall invoice each Party for its annual deposit at the beginning of each fiscal year. Each Party shall pay the deposit within 45 calendar days of the date of the invoice. Each Party’s deposit shall be based on its prorated share of the approved annual budget, reduced by the sum of (a) its prorated share of any surplus identified in the prior fiscal year end accounting, and (b) its prorated share of any funding provided for programs in the approved budget from entities not party to this Agreement.

Interest earned on the Parties’ deposits will not be paid to the Parties, but will be credited against the Parties’ share of the program costs.

The County shall notify each of the Parties if it appears that costs may exceed the budget approved by the Parties in any fiscal year. The County shall prepare a fiscal year end accounting within 60 calendar days of the end of the fiscal year. If the fiscal year end accounting results in costs (net of interest earnings) exceeding the sum of the deposits, and the County has notified and obtained approval from the Parties of potential cost overruns, the County shall seek approval of the excess cost from the Parties in the form of a revised budget and, upon approval, shall invoice each Party for its prorated share of the excess cost up to the amount of the revised approved budget. Each Party shall pay the billing within 45 calendar days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The fiscal year end accounting results and associated invoices for each Party will take into consideration any outside funding provided for programs in the approved budget from entities not party to this Agreement.

Upon termination of the program, a final accounting shall be performed by the County. If costs from approved budgets remaining after the deduction of interest costs exceed the sum of the deposits, the County shall invoice each Party for its prorated share of the deficit. Each Party shall pay the invoice within 45 calendar days of the date of the invoice. If the sum of the deposits, including interest, exceeds DocuSign Envelope ID: 1BA8963B-D1FF-4D73-A9D3-31F119010F0D 249
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the costs from approved budgets, the County shall reimburse to each Party its prorated share of the excess, within 45 calendar days of the final accounting.

Section 9: CONFIDENTIAL COMMUNICATIONS
a. The term "Confidential Communications" shall mean all communications, regardless of form, including documents and oral or written communications, whether prepared by the Parties or by consultants or experts retained by any Party, exchanged by or among the Parties , their non-employee consultants or experts, and/or their counsel, that are: (i) related to the purpose and/or performance of this Agreement; and (ii) privileged or protected from disclosure to adverse or other persons by reason of the attorney-client privilege, the attorney work product doctrine, or the common interest and/or joint defense privilege. The term Confidential Communications does not include any publicly available information.
b. The Parties agree that the disclosure of Confidential Communications between or among the Parties or their counsel will not diminish the confidentiality of such materials or constitute waiver of any applicable privilege or protection from disclosure. The Parties intend that all Confidential Communications shall be protected from disclosure and discovery, to the fullest extent allowed by law, including under the common interest and/or joint defense privileges. Inadvertent disclosure of Confidential Communications to third parties shall not constitute waiver of any applicable privilege, and shall be entitled to the fullest protection under the law, including the triggering of ethical obl igations for the recipient(s) to return such inadvertently disclosed Confidential Communications . c. The Party providing or disclosing any Confidential Communications to another party to this Agreement, pursuant to this Agreement, shall mark it as: “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376.” Confidential Communications must be exchanged between the Parties' counsel, although non-attorney staff may be copied on the transmittal.

Communications marked in this or substantially similar manner and transmitted in this manner shall be Confidential Communications. The failure to so mark such communications, however, will not diminish DocuSign Envelope ID: 1BA8963B-D1FF-4D73-A9D3-31F119010F0D 250
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the confidentiality of such communications or constitute waiver of any applicable privilege or protection from disclosure.
d. Confidential Communications shall be held in confidence by the Parties, unless disclosure is required by law or court order. Each Party shall take reasonable and appropriate measures to prevent inadvertent disclosures of Confidential Communications to third parties. In the event any Party receives a third-party request or demand for Confidential Communications marked “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376,” per section 9.c., or bearing the name of one or more attorneys for any Party, prior to the release of any such Confidential Communications, the receiving Party shall notify all other Parties that such a request or demand has been received, so that the other Parties have the opportunity to seek a protective order or other relief . In the event any Party receives a third-party request or demand for Confidential Communications that are not marked per section 9.c. and do not bear the name of any attorney for a ny Party, prior to the release of such Confidential Communications, the receiving Party shall endeavor to notify all other Parties, so that the other Parties have the opportunity to seek a protective order or other relief. e. To the extent allowed by law, the obligations of the Parties under this Section 9 shall survive the termination of this Agreement and shall remain in full force and effect. f. Neither this Agreement nor the actions of any Party or counsel to a Party shall create any attorney-client relationship between any counsel and any Party that have not otherwise entered into an attorney-client relationship.

Section 10. ADDITIONAL PARTIES. It is recognized that there may be other parties who wish to participate in and provide funding for the activities described in this Agreement. Nothing in this Agreement is intended to preclude additional participants being added by written amendment as parties to this Agreement pursuant to Section 11. Exhibit A will be revised to add funding share percentage(s) for the additional party(ies) and proportionately reduced percentage shares for the Parties.

Section 11. AMENDMENT. This Agreement may be amended in writing only with the unanimous written approval of the Parties.

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Section 12. LIABILITY. It is mutually understood and agreed that, merely by the virtue of entering into this Agreement, each Party neither relinquishes any rights nor assumes any liabilities for its own actions or the actions of other Parties. It is the intent of the Parties that the rights and liabilities of each Party shall remain the same, while this Agreement is in force, as it was before this Agreement was made, except as otherwise specifically provided in this Agreement.

Section 13. TERMINATION. Any Party wishing to terminate its participation in this Agreement shall so notify all other Parties in writing by March 1 of any year. Such termination shall be effective the following June 30. The terminating Party shall be responsible for financial obligations hereunder to the extent incurred in accordance with this Agreement by the Party prior to the effective date of termination.

The balance of the Parties may continue in the performance of the terms and conditions of this Agreement with a proportionate reallocation of the terminating Party’s cost share in Exhibit A among the remaining Parties.

Section 14. AVAILABILITY OF FUNDS. The obligation of each Party is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for the future payment of money in excess of appropriations authorized by law.

Section 15. NO THIRD-PARTY BENEFICIARIES. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person (except the Parties hereto and any entity in which a Party has a legal interest (such as, but not limited to, a limited liability membership interest or a partnership interest), and any permitted successors or assigns of a Party) any legal or equitable right, remedy or claim under or in respect of this Agreement or any provisions herein contained. This Agreement and any conditions and provisions hereof is intended to be and is for the sole and exclusive benefit of the Parties and the entities in which they have a legal interest and their successors or assigns and for the benefit of no other person, agency or entity.

Section 16. REFERENCE TO CALENDAR DAYS. Any reference to the word “day” or “days” herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided.

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Section 17. ATTORNEY’S FEES. In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is asserted as a defense, each Party shall bear its own attorney’s fees and costs.

Section 18. ENTIRE AGREEMENT. This Agreement is intended by the Parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the Parties in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This Agreement supersedes all prior agreements and understandings between the Parties with respect to such matter.

Section 19. SEVERABILITY. If any part of this Agreement is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 20. SUCCESSORS AND ASSIGNS. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns.

Section 21. NOTICES. All notices required or desired to be given under this Agreement shall be in writing and (a) delivered personally, or (b) sent by certified mail, return receipt requested or (c) sent by electronic mail followed by a mailed copy as required, to the addresses specified below, provided each Party may change the address for notices by giving the other Parties at least ten (10) days written notice of the new address. Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U.S. Postal service, or other person making the delivery, except that notices sent by electronic mail shall be deemed received on the first business day following transmission.

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Director of Public Services
City of Costa Mesa
77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92626-1200

Director of Community Development
City of Irvine
1 Civic Center Plaza, P.O. Box 19578
Irvine, CA 92623-9578

Director of Public Services
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653

City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods CA 92637

Environmental Manager and Director of Public Works
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630

Director of Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660

Director of Public Works
City of Orange
300 E. Chapman Ave
Orange, CA 92866

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M21)
Santa Ana, CA 92702

Director of Public Works
City of Tustin
300 Centennial Way
Tustin, CA 92780

Director, OC Public Works
County of Orange
601 N. Ross Street
Santa Ana, CA 92701

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Director of Water Quality & Regulatory Compliance
Irvine Ranch Water District
15600 Sand Canyon Avenue
Irvine, CA 92618

Vice President of Environmental Affairs
The Irvine Company
550 Newport Center
Newport Beach, CA 92658-8904

Section 23. EXECUTION OF AGREEMENT. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument.

Section 24. GOVERNING LAW AND VENUE. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the P arties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. Furthermore, the Parties have specifically agreed, as part of the consideration given and received for entering into this Agreement, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394 or any other provision of law.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written:

COUNTY OF ORANGE,
a political subdivision of the State of California

Date: By:

Chairman of the Board of Supervisors

ORANGE COUNTY FLOOD CONTROL DISTRICT
a body corporate and politic

By:

Chairman of the Board of Supervisors

SIGNED AND CERTIFIED THAT A COPY OF THIS

AGREEMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD.

Date: ________________________________ By_________________________________ Robin Stieler
Clerk of the Board of Supervisors of
Orange County, California

APPROVED AS TO FORM

COUNTY COUNSEL

By____________________________
Deputy

Date: ___________

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CITY OF COSTA MESA

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Costa Mesa

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CITY OF IRVINE

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Irvine

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CITY OF LAGUNA HILLS

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Laguna Hills

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CITY OF LAGUNA WOODS

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

Yolie Trippy, City Clerk Alisha Patterson, City Attorney of Laguna Woods

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CITY OF LAKE FOREST

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Lake Forest

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CITY OF NEWPORT BEACH

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Newport Beach

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CITY OF ORANGE

Date: By:

Daniel R. Slater, Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk Mary E. Binning, City Attorney of Orange

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ATTEST: CITY OF SANTA ANA

_________________________________________ _________________________________________ City Clerk City Manager

APPROVED AS TO FORM:

City Attorney

By:______________________________________
Assistant City Attorney

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CITY OF TUSTIN

Date: By:

Mayor

APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Tustin

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THE IRVINE RANCH WATER DISTRICT

Date: By:

Paul Cook, General Manager

Approved as to Form

Date: By:

Claire H. Collins, General Counsel

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THE IRVINE COMPANY

Date: By:

Name:

Title:

Date: By:

Name:

Title:

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Page A-1

EXHIBIT A - FUNDING SHARES*

PARTIES FUNDING SHARE

PERCENTAGES
FISCAL YEAR 2023-24
BUDGET
Costa Mesa 4.317 $56,503
County of Orange 9.296 $121,671
Irvine 31.177 $408,061
Laguna Hills 1.000 $13,089
Laguna Woods 1.000 $13,089
Lake Forest 6.402 $83,793
Newport Beach 9.452 $123,713
Orange 1.000 $13,089
Santa Ana 9.898 $129,550
Tustin 6.458 $84,526
Orange County Flood
Control District 10.000 $130,885
Irvine Ranch Water District 5.000 $65,443
Irvine Company 5.000 $65,443
Total 100 $1,308,855

*Funding shares are based on a consideration of land area and population, an equal split for some compliance responsibilities, and a minimum share of one percent.

DocuSign Envelope ID: 1BA8963B-D1FF-4D73-A9D3-31F119010F0D 268
Agenda Item
City Council
Item #: 3.12. 6/13/2023 File #: 23-0357
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $113,821.88 in State of California Office of Emergency Services funding received.

2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $113,821.88 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into account numbers for Cal-OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $99,915.62 into the expenditure account numbers for Overtime- Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $5,501.57 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. Authorize the appropriation of $8,404.69 into the expenditure account numbers for Motor Vehicle Replacement as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the reimbursement received from the State of California Office of Emergency Services.

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

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is a party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally City of Orange Printed on 6/7/2023Page 1 of 3
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provides resources two different ways: Strike Teams and Individual Overhead.

Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received reimbursement payments for the OES Pre-Position #220018 for $13,812.01, the Radford Fire for $24,808.55, the OES Pre-Position #220051 for $43,825.07, the OES Pre-Position #220056 for $8,665.92, and the OES Pre-Position #220057 for $22,710.33. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2022- 2023. The additional funds will reimburse Fire Department overtime, travel expenditures, and vehicle expenditures incurred during these incidents.

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 13,812.01 .40310 - OES Pre-Postion #220018
24,808.55 .40316 - Radford Fire
43,825.07 .40319 - OES Pre-Position #220051
8,665.92 .40320 - OES Pre-Position #220056
22,710.33 .40322 - OES Pre-Position #220057
$ 113,821.88
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 11,982.00 .40310 - OES Pre-Position #220018
22,895.21 .40316 - Radford Fire
36,258.47 .40319 - OES Pre-Position #220051
8,665.92 .40320 - OES Pre-Position #220056
20,114.02 .40322 - OES Pre-Position #220057
$ 99,915.62
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 1,830.01 .40310 - OES Pre-Position #220018
140.34 .40316 - Radford Fire
2,987.23 .40319 - OES Pre-Position #220051
543.99 .40322 - OES Pre-Position #220057
$ 5,501.57
Motor Vehicle Replacement (expenditure account 720.5023.55212.xxxxx) $ 1,773.00 .40316 - Radford Fire
4,579.37 .40319 - OES Pre-Position #220051
2,052.32 .40322 - OES Pre-Position #220057
$ 8,404.69
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7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.12. 6/13/2023 File #: 23-0357
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $113,821.88 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $99,915.62 into the expenditure account numbers for Overtime- Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $5,501.57 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. Authorize the appropriation of $8,404.69 into the expenditure account numbers for Motor Vehicle Replacement as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the reimbursement received from the State of California Office of Emergency Services.

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

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is a party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally City of Orange Printed on 6/7/2023Page 1 of 3
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provides resources two different ways: Strike Teams and Individual Overhead.

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.13. 6/13/2023 File #: 23-0386
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $54,542 in revenue from the Community Partnership Program, Community Garden lease and deposit fees, user group maintenance fees, and the Military Banner program.

2. SUMMARY
The City collected a total of $54,840 in revenue for the Community Partnership, Community Garden, user group maintenance fees, and Military Banner fees in Fiscal Year 2023 to date. After withholding an 8% administrative fee for the Community Garden Program, staff is recommending $54,542 of these revenues be appropriated to cover special event costs, Community Garden maintenance, concession building cleaning, sports field maintenance, and a military banner purchase.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $54,840 in community partnership donations, Community Garden revenue, user group maintenance fees, and Military Banner revenue into the following accounts, all in the General Fund (100):
$10,000 100.7015.48390.20530 Donations-2023 Special Events Season $3,725 100.7001.44210.20227 Garden Plots
$40,995 100.7022.42480.00000 User Group Maintenance Fees $120 100.7001.48390.20054 Military Banner Program

2. Authorize the appropriation of $54,542 in the following expenditure accounts, all in the General Fund (100):
$10,000 100.7015.48390.20530 Donations-2023 Special Events Season $3,427 100.7001.44210.20227 Garden Plots
$40,995 100.7022.42480.00000 User Group Maintenance Fees $120 100.7001.48390.20054 Military Banner Program

4. FISCAL IMPACT
The revenue received funds the requested appropriation.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community.

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a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Community Partnership Donation
The City’s annual Community Partnership Program solicits donations to support Citywide special events. The City’sdonation policy states that single donations greater than $5,000 may only be accepted and appropriated by the City Council. Wilson Automotive became an “OrangeTree”partner for the 2023 Special Event Season and donated $10,000. Staff is requesting a total of $10,000 to be accepted and appropriated to help cover the cost of the City’s annual special events.

Community Garden Revenue
The City owns and operates 49 community garden plots located at 254 North Main Street.

Registered gardeners are charged an annual lease fee of $75 per plot to cover the cost of utilities, infrastructure, and repairs of the community garden. Additionally, new gardeners are charged a $100 deposit to be returned if they clear their plot before vacating should they choose not to renew their lease. Community Garden revenue collected for 2023 to date totals $3,725, which includes leases for 47 plots and two forfeited deposits. The City applies an 8% administrative cost to incoming Community Garden Revenue. Therefore, the revenue available for appropriation is $3,427.

Sports Field Maintenance
The Community Services Department developed a cooperative program with ongoing youth sports groups to fund annual maintenance and renovation of sports fields, based on significant wear resulting from repetitive use. User groups reimburse the City based on a formula for multi-use fields, or actual amounts for work performed on a single-user field. This process allows for equitable contributions by each user group and avoids any potential liability issues that may arise from unauthorized contractors doing work on City property.

The City billed a total of $8,895 to six approved user groups for applicable field maintenance at El Modena Park this Fiscal Year to date. These groups are A2D Sports, CSR, Olive Pony, Orange Lutheran High School, Oso Baseball, and Pacific Baseball League. Additionally, Central Orange USA Fast Pitch, North Sunrise Little League, Orange Youth Football, and South Sunrise Little League requested contracted cleanings for their permitted concession buildings at El Camino Real Park, Handy Park, Hart Park, and McPherson Athletic Facility, respectively. The City billed a total of $3,915 to these three groups for the cleanings. Finally, the City billed an additional $28,185 to South Sunrise Little League for recent infield renovations per their request at McPherson Athletic Facility.

Military Banner Donations
The Community Services Department offers a military banner program that honors active duty military City of Orange residents. The banners are funded by donations of $120 per banner and are posted on light poles throughout the Plaza and spoke streets. Revenues received in the current fiscal year total $120 and need to be appropriated to the military banner expenditure report to purchase the banner.

The summary of revenue sources as follows:

Summary of Revenue Sources
Of the $54,840 in revenue received, the total expenditure appropriation request is $54,542.00. The remaining balance of $298 will be absorbed in the General Fund. The following is the breakdown of City of Orange Printed on 6/7/2023Page 2 of 3
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remaining balance of $298 will be absorbed in the General Fund. The following is the breakdown of the expenditure appropriation:

Revenue Source Total Collected Location
Wilson Automotive $10,000.00 Community Partnership Program Garden Plot Leases and Deposits 3,427.00 Community Garden A2D Sports 195.44 El Modena Park
Central Orange USA Fast Pitch 950.00 El Camino Real Park CSR 3,794.20 El Modena Park
North Sunrise Little League 850.00 Handy Park
Olive Pony 2,533.86 El Modena Park
Orange Lutheran High School 1,517.96 El Modena Park
Orange Youth Football 990.00 Hart Park
Oso Baseball 698.31 El Modena Park
Pacific Baseball League 155.23 El Modena Park
South Sunrise Little League 29,310.00 McPherson Athletic Facility Military Banner Donations 120.00 Old Towne
Total $54,542.00

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.13. 6/13/2023 File #: 23-0386
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $54,542 in revenue from the Community Partnership Program, Community Garden lease and deposit fees, user group maintenance fees, and the Military Banner program.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The revenue received funds the requested appropriation.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community.

City of Orange Printed on 6/7/2023Page 1 of 3
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Item #: 3.13. 6/13/2023 File #: 23-0386
a: Renovate, maintain, develop, and/or expand public use places and spaces.

Community Garden Revenue
The City owns and operates 49 community garden plots located at 254 North Main Street.

The summary of revenue sources as follows:

Summary of Revenue Sources
Of the $54,840 in revenue received, the total expenditure appropriation request is $54,542.00. The remaining balance of $298 will be absorbed in the General Fund. The following is the breakdown of City of Orange Printed on 6/7/2023Page 2 of 3
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Item #: 3.13. 6/13/2023 File #: 23-0386
remaining balance of $298 will be absorbed in the General Fund. The following is the breakdown of the expenditure appropriation:

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.14. 6/13/2023 File #: 23-0195
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $16,060 in State of California Office of Emergency Services funding received.

2. SUMMARY
Reimbursement to offset the cost of medical evidentiary examinations for sexual assault victims.

These costs are reimbursed by the State of California Office of Emergency Services for examinations conducted during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $16,060 in designated funding from the State of California Office of Emergency Services, into revenue account number 100.4031.48218.40321, CalOES - Medical Examinations.

2. Authorize the appropriation of $16,060 into expenditure account number 100.4031.51640.00000, Contractual Services - Medical.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

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

6. DISCUSSION AND BACKGROUND
The State of California Office of Emergency Services (CalOES) is required to establish a protocol for the examination and treatment of victims of sexual abuse and the collection and preservation of evidence therefrom.

Existing law prohibits costs incurred for the medical examination from being charged to a victim of the assault. As a result, the cost of a medical examination performed by a qualified health care professional, hospital, or other emergency medical facility for a victim of sexual assault is treated as a local cost and charged to the local law enforcement agency in whose jurisdiction the alleged offense was committed. Effective July 16, 2021, the bill also authorizes local law enforcement agencies to seek reimbursement from CalOES to offset the cost of examinations for victims of sexual assault.

The established rate reimbursed by CalOES is determined by reporting criteria provided at the time City of Orange Printed on 6/7/2023Page 1 of 2
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Item #: 3.14. 6/13/2023 File #: 23-0195
of the examination, up to $1,127 per examination.

The allocation amount of $16,060 to the City of Orange Police Department will offset the cost of medical services incurred during Fiscal Year 2022-2023.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.14. 6/13/2023 File #: 23-0195
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $16,060 in State of California Office of Emergency Services funding received.

2. SUMMARY
Reimbursement to offset the cost of medical evidentiary examinations for sexual assault victims.

These costs are reimbursed by the State of California Office of Emergency Services for examinations conducted during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $16,060 into expenditure account number 100.4031.51640.00000, Contractual Services - Medical.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

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

The established rate reimbursed by CalOES is determined by reporting criteria provided at the time City of Orange Printed on 6/7/2023Page 1 of 2
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of the examination, up to $1,127 per examination.

The allocation amount of $16,060 to the City of Orange Police Department will offset the cost of medical services incurred during Fiscal Year 2022-2023.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.15. 6/13/2023 File #: 23-0354
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Santiago Canyon Road (Newport Boulevard to Jamboree Road) Street Rehabilitation Project; authorization to advertise for bids; and finding of CEQA exemption.

2. SUMMARY
Plans and specifications have been completed and the Santiago Canyon Road (Newport Boulevard to Jamboree Road) Street Rehabilitation Project is ready to be advertised for bids. The total estimated construction cost including 15% for contingencies and construction engineering is $979,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.16 (SP-4201).

4. FISCAL IMPACT
The estimated total expenditure for this contract is $979,000 and will be funded in Santiago Canyon Road Rehabilitation (30194) through:

Road Maintenance and Rehabilitation Account (274) $575,701 Reimbursable Capital Projects (550) 403,299
Total $979,000

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

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

6. DISCUSSION AND BACKGROUND
The Santiago Canyon Road, from Newport Boulevard to Jamboree Road, pavement falls in the “poor”pavement condition category according to the City’sPavement Management Plan. Thus, the rehabilitation is necessary for the roadways with this pavement condition to prevent total pavement failure in the future. The Public Works Department has completed the preparation of construction plans and bid documents for the rehabilitation of Santiago Canyon Road from Newport Boulevard to Jamboree Road and is requesting authorization to advertise and receive public bids for the street City of Orange Printed on 6/5/2023Page 1 of 2
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Jamboree Road and is requesting authorization to advertise and receive public bids for the street rehabilitation work.

The improvements will include the cold milling of existing asphalt concrete pavement, asphalt concrete overlay, replacement of failed pavement areas, replacement of broken curb and gutter, reconstruction of ADA ramps to conform to federal guidelines, adjusting utility covers to grade, and restriping the roadway.

The City has pursued and obtained funding from Caltrans Local Assistance under The Orange County Transportation Authority (OCTA) 2021 Pavement Management Relief Funding (PMRF) Program. The PMRF Program was created as a one-time funding program to provide funding assistance to the cities and the County of Orange for local streets and roads maintenance and rehabilitation projects. The City received authorization from Caltrans Local Assistance to begin the construction phase of this project on May 9, 2023. The City has entered into an agreement with Caltrans for 100% reimbursement for the construction of this project up to the amount of $403,299.

The total cost is estimated at $979,000, including a 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c). The CEQA Notice of Exemption will be filed with the County Recorder’sOffice upon Council’sapproval of the plans and specifications.

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

Plans, specifications, and cost estimates are available for review in the Public Works Department.

7. ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act (CEQA) based in accordance with Section 15301 of the CEQA Guidelines (Class 1 - Existing Facilities) because it involves the rehabilitation of pavement of an existing roadway.

8. ATTACHMENTS
· Location Map
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Agenda Item
City Council
Item #: 3.15. 6/13/2023 File #: 23-0354
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.16 (SP-4201).

4. FISCAL IMPACT
The estimated total expenditure for this contract is $979,000 and will be funded in Santiago Canyon Road Rehabilitation (30194) through:

Road Maintenance and Rehabilitation Account (274) $575,701 Reimbursable Capital Projects (550) 403,299
Total $979,000

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

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

6. DISCUSSION AND BACKGROUND
The Santiago Canyon Road, from Newport Boulevard to Jamboree Road, pavement falls in the “poor”pavement condition category according to the City’sPavement Management Plan. Thus, the rehabilitation is necessary for the roadways with this pavement condition to prevent total pavement failure in the future. The Public Works Department has completed the preparation of construction plans and bid documents for the rehabilitation of Santiago Canyon Road from Newport Boulevard to Jamboree Road and is requesting authorization to advertise and receive public bids for the street City of Orange Printed on 6/5/2023Page 1 of 2
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Jamboree Road and is requesting authorization to advertise and receive public bids for the street rehabilitation work.

The total cost is estimated at $979,000, including a 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

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

Plans, specifications, and cost estimates are available for review in the Public Works Department.

8. ATTACHMENTS
· Location Map
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Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Parcel Lines
Curb Type
8 / 30 / 2021 11 : 45 : 00 AM
0 0.15 0.30.075 mi
0 0.2 0.40.1 km
1:9,028
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, EPA | City of Anaheim, Esri, HERE | City of Orange - Engineering Design289
Agenda Item
City Council
Item #: 3.16. 6/13/2023 File #: 23-0364
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

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

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

1. Zachary and Paula Larsen

2. AAA a/s/o Rally Velasco

3. Nasrin Noori

4. Melbi Perez

5. Maria J. Antu

6. Karen Abbott

7. Shauna Johnson

8. Luis Hernandez-Morales

9. Isabel (Green) Lancaster

10.Brian Galliher

11.Dena Nguyen

12.Ruben Orgaz

13.Angelette R. Joseph

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Zachary and Paula Larsen alleging property damage to vehicle when Claimant drove through a pothole.

2. Claim for damages from AAA a/s/o Rally Velasco alleging property damage to insured’s vehicle due to a traffic collision occurring in Laguna Niguel.

3. Claim for damages from Nasrin Noori alleging property damage to vehicle when Claimant City of Orange Printed on 6/7/2023Page 1 of 2
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3. Claim for damages from Nasrin Noori alleging property damage to vehicle when Claimant drove over wet paint on the road.

4. Claim for damages from Melbi Perez alleging personal injury when Claimant slipped and fell on artificial turf located on the Selman Chevrolet dealership lot.

5. Claim for damages from Maria J. Antu alleging property damage to vehicle when Claimant drove over a rock on the road.

6. Claim for damages from Karen Abbott alleging property damage to vehicle when Claimant drove through a pothole.

7. Claim for damages from Shauna Johnson alleging property damage to vehicle windshield when a third party struck a fire hydrant and caused debris to disperse.

8. Claim for damages from Luis Hernandez-Morales alleging personal injury and property damage due to a traffic collision with an OCTA bus.

9. Claim for damages from Isabel (Green) Lancaster alleging personal injury when Claimant tripped and fell on an uneven sidewalk and for property damage to residence sewer line and brick wall due to City tree roots.

10. Claim for damages from Brian Galliher alleging property damage to vehicle when Claimant drove through a pothole.

11. Claim for damages from Dena Nguyen alleging property damage to sewer line due to City tree roots.

12. Claim for damages from Ruben Orgaz alleging personal injury and failure to investigate for an incident occurring in Anaheim.

13. Claim for damages from Angelette R. Joseph alleging property damage to vehicle tire when Claimant drove through a pothole on the 55 Fwy.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 6/13/2023 File #: 23-0364
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

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

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

1. Zachary and Paula Larsen

2. AAA a/s/o Rally Velasco

3. Nasrin Noori

4. Melbi Perez

5. Maria J. Antu

6. Karen Abbott

7. Shauna Johnson

8. Luis Hernandez-Morales

9. Isabel (Green) Lancaster

10.Brian Galliher

11.Dena Nguyen

12.Ruben Orgaz

13.Angelette R. Joseph

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Zachary and Paula Larsen alleging property damage to vehicle when Claimant drove through a pothole.

2. Claim for damages from AAA a/s/o Rally Velasco alleging property damage to insured’s vehicle due to a traffic collision occurring in Laguna Niguel.

3. Claim for damages from Nasrin Noori alleging property damage to vehicle when Claimant City of Orange Printed on 6/7/2023Page 1 of 2
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