Agenda packet — Orange City Council, September 12, 2023 (part 3 of 3)

of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1- to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the A dministrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemptio n is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002- 03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved mult iemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequa te records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the pur pose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 387

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the contract by the respect ive contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the c ontract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
388

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 389

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a writte n statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written stateme nt, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 390

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board as sists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the medi ation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower ti er subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 391
Agenda Item
City Council
Item #: 3.16. 9/12/2023 File #: 23-0491
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

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

2. SUMMARY
Purchase of furniture, fixtures, and site furnishings for the Field Services Division of the Police Department through OMNIA Partners Contract No. 2020000606, with Interior Office Solutions, Inc. dba People Space for a total of $450,000. Authorization is also requested for the City Manager to execute a purchase order relating to cable management services from Mark IV Communications Inc. in the amount of $30,000.

3. RECOMMENDED ACTION

1. Approve the purchase of furniture from Interior Office Solutions, Inc. dba People Space in the amount of $450,000.

2. Approve the purchase of cabling services from Mark IV Communications Inc. in the amount of $30,000.

3. Authorize the appropriation of $250,000 from AB3229/COPS Supplemental Law Enforcement Services (354) unreserved fund balance to expenditure account number 354.4011.55131.00000, AB3229/COPS Supplemental Law Enforcement Services - Furniture, Machinery, Equipment Additions.

4. Authorize the appropriation of $30,000 from Police Facility Fees (570) unreserved fund balance to expenditure account number 570.4011.51401, Repairs to Building and Fixed Equipment.

4. FISCAL IMPACT
The total expenditure for this purchase is $480,000 and will be funded through:

General Fund (100) $200,000
COPS Supplemental Law Enforcement Services (354) 250,000 Police Facility Fees (570) 30,000
Total: $480,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
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Item #: 3.16. 9/12/2023 File #: 23-0491
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
During Fiscal Year 2021-2022 (FY22), the Police Department implemented a three-year plan to replace existing office furniture throughout the department beginning with the Investigative Services Division. The furniture project for the Investigative Services Division officially began mid-March 2023 and was completed in May 2023.

The next phase of the furniture project is comprised of the Field Services Division which includes the following:
· Traffic Bureau
· Bike Patrol, Homeless Engagement Assistance Response Team (HEART), and the Crime Reduction Unit
· Sergeant’s Office
· Report Writing Room
· Briefing Room
The Field Services Division includes 11 offices, 34 cubicles, lockers, and miscellaneous filing cabinets.

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

The furniture project involves removal of existing furniture and cubicles, carpet replacement, lighting, paint, design, new office furniture and cubicles, delivery, and installation. Based on previous furniture projects with the City, quality of work, and consideration of the City’sannual budget, staff pursued a proposal from Interior Office Solutions, Inc. dba People Space. People Space is located in Irvine, CA and currently maintains an OMNIA Partners, Contract No. 2020000606 for furniture and furnishings through Haworth. Included in the OMNIA contract are special pricing incentives beyond the standard discount which is based on volume. Based on a preliminary quote, the most cost-effective purchase price can be obtained through OMNIA Partners Contract No. 202000606, with People Space for a total amount of $450,000. Included in this request is network cabling services from Mark IV Communications Inc. to ensure continuity of communications during and after the remodel. This component of the cost is estimated at $30,000. The Council has previously authorized Mark IV Communications Inc. as a sole source vendor, this sole source specification is a continuation of that policy.

Due to existing building conditions, extra work is needed to refresh interior paint and replace existing carpet and lighting that has far exceeded its useful life. With the assistance of Public Works Facilities, staff will outsource lighting, paint, and carpeting services. The approval for this purchase will be included in a separate staff report at a future date.

Funding in the amount of $200,000 is currently budgeted in General Fund (100) and available for the purchase of office furniture. However, funds available in General Fund (100) are insufficient and will City of Orange Printed on 9/5/2023Page 2 of 3
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Item #: 3.16. 9/12/2023 File #: 23-0491
purchase of office furniture. However, funds available in General Fund (100) are insufficient and will require an appropriation of $250,000 from the COPS Supplemental Law Enforcement Services unreserved fund balance to complete the purchase of furniture. In addition, an appropriation of $30,000 from the Police Facility Fees unreserved fund balance will ensure adequate funding for cabling services.

The Police Department recommends the purchase of furniture in the amount of $450,000 and cabling services in the amount of $30,000. The manufacturing and assembly of the furniture will take approximately 8-10 weeks to complete.

7. ATTACHMENTS
· OMNIA Partners Contract No. 2020000606
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Agenda Item
City Council
Item #: 3.16. 9/12/2023 File #: 23-0491
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

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

3. RECOMMENDED ACTION

1. Approve the purchase of furniture from Interior Office Solutions, Inc. dba People Space in the amount of $450,000.

2. Approve the purchase of cabling services from Mark IV Communications Inc. in the amount of $30,000.

4. Authorize the appropriation of $30,000 from Police Facility Fees (570) unreserved fund balance to expenditure account number 570.4011.51401, Repairs to Building and Fixed Equipment.

4. FISCAL IMPACT
The total expenditure for this purchase is $480,000 and will be funded through:

General Fund (100) $200,000
COPS Supplemental Law Enforcement Services (354) 250,000 Police Facility Fees (570) 30,000
Total: $480,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
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Item #: 3.16. 9/12/2023 File #: 23-0491
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Funding in the amount of $200,000 is currently budgeted in General Fund (100) and available for the purchase of office furniture. However, funds available in General Fund (100) are insufficient and will City of Orange Printed on 9/5/2023Page 2 of 3
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Item #: 3.16. 9/12/2023 File #: 23-0491
purchase of office furniture. However, funds available in General Fund (100) are insufficient and will require an appropriation of $250,000 from the COPS Supplemental Law Enforcement Services unreserved fund balance to complete the purchase of furniture. In addition, an appropriation of $30,000 from the Police Facility Fees unreserved fund balance will ensure adequate funding for cabling services.

7. ATTACHMENTS
· OMNIA Partners Contract No. 2020000606
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397

OMNIA PARTNERS PROGRAM INFORMATION
General Information
▪ Details about the OMNIA Partners program are available at www.omniapartners.com; Public Sector; Search "Haworth"
▪ Agencies must be registered to participate in the program. There is no obligation to purchase and there are no fees to participate. Check web site to verify if an agency is a registered participant. ▪ Current pricing is available in Haworth Library, Government section, OMNIA Partners. ▪ OMNIA Partners contract number: 2020000606.

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

Price Agreement Information
Domestic (Continental United States)
80435 AA Multiple Award
81784 AA Sole Source Pricing
Overseas (Hawaii and Alaska)
80435 BB CIF Multiple Award
81784 BB CIF Sole Source Pricing
Haworth Contact Information
Tim Hodges, Government Sales and Marketing
Program Manager 616-834-1994
[email protected]
[email protected]
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OMNIA PARTNERS MULTIPLE AWARD CONTRACT DISCOUNTS CUSTOMER COPY 80435 AA for orders shipping to continental U.S. locations, accessing North American price list Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
I
Regular Lead
Time
UniGroup,
PLACES,
UniGroup Too
Adaptable Components
$1-$100,000
$100,001 or More
71%
Negotiable
Rush** $1 or More 61%
II
Regular Lead
Time
PREMISE, Compose,
IF
$1-$100,000
$100,001 or More
68%
Negotiable
Rush** $1 or More 53%
III
Regular Lead
Time
Beside
X Series Casegoods
V Series Casegoods
$1-$50,000
$50,001 or More
63%
Negotiable
Rush** $1 or More 57%
IV
Regular Lead
Time
Monaco,
Improv
$1-$25,000
$25,001 or More
63%
Negotiable
V
Regular Lead
Time
X99 $1-$25,000
$25,001 or More
60%
Negotiable
Rush** $1 or More 54%
VI
Regular Lead
Time
Patterns
Reside Desking
Intuity,
Active
Components,Be_Hold
Storage
$1-$50,000
$50,001 or More
53%
Negotiable
Rush** $1 or More 41%
VII
Regular Lead
Time
Hello, ToDo,
Openest, Poppy™,
Riverbend™, Pebble™
Cabana Lounge
$1-$25,000
$25,001 or More
53%
Negotiable
Rush** $1 or More 41%
VIII
Regular Lead
Time
Masters Series
Suite
$1-$100,000
$100,001 or More
53%
Negotiable
Rush** $1 or More 41%
IX
Regular Lead
Time
Cassis, Candor $1-$25,000
$25,001 or More
55%
Negotiable
Rush** $1 or More 41%
X
Regular Lead
Time
Planes, Upside Compose Storage $1-$50,000
$50,001 or More
58%
Negotiable
Rush** $1 or More 55%
XI
Regular Lead
Time
Belong™ & Jumpstuff
Work Tools
$1-$10,000
$10,001 or More

48.75%
Negotiable
399
Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
XII
Regular Lead
Time
Haworth Collection-
Haworth
$1-$50,000
$50,001 or More
41%
Negotiable
XIII
Regular Lead
Time
Very
Very Task
Zody
$1-$25,000
$25,001 or More
55%
Negotiable
Rush** $1 or More 50%
XIV
Regular Lead
Time
Enclose
Walls Glass
$1-$100,000
$100,001 or More
55%
Negotiable
XV
Regular Lead
Time
Haworth Collection -
Poltrona Frau,
Cappellini, Cassina
Haworth Collection-
Pablo Designs
$1 or More 15%
XVI
Regular Lead
Time
Harbor Work Lounge $1-$50,000
$50,001 or More
50%
Negotiable
XVII
Regular Lead
Time
Haworth Health
Environments, Atwell™
$1-$50,000
$50,001 or More

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

47.5%
Negotiable
XXIV
Regular Lead
Time
Fern $1-25,000
$25,001 or More
50%
Negotiable
XXV
Regular Lead
Time
Cultivate $1-$50,000
$50,001 or More
58%
Negotiable
XXVI
Regular Lead
Time
Haworth Collection-
JANUS et Cie
$1-$50,000
$50,001 or More
15%
Negotiable
XXVII
Regular Lead
Time
Haworth Collection-
GAN
$1 or More 10%
400
Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
XXVIII
Regular Lead
Time
BuzziSpace $1-$50,000
$50,001 or More
35%
Negotiable
XXIX
Regular Lead
Time
Maari $1-$25,000
$25,001 or More
54%
Negotiable
**Seller offers the above mentioned discounts on products included in this Agreement which are offered in Seller’s RUSH Programs. See the current price list(s) for a description of the products included in these programs.

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

B. The applicable discount will be separately negotiated for new products or lead time programs introduced by Seller during the term of this Agreement. 401

OMNIA PARTNERS MULTIPLE AWARD CONTRACT DISCOUNTS CIF -

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

45.75%
Negotiable
XII
Regular Lead
Time
Haworth Collection-
Haworth
$1-$50,000
$50,001 or More
38%
Negotiable
XIII
Regular Lead
Time
Very
Very Task
Zody
$1-$25,000
$25,001 or More
52%
Negotiable
Rush** $1 or More 47%
402
Product
Group
Systems, Tables and
Healthcare Products
Seating Freestanding Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural
Interiors
List Dollar
Value
Customer
Discount
Product Only
XIV
Regular Lead
Time
Enclose
Walls Glass
$1-$100,000
$100,001 or More
54%
Negotiable
XV
Regular Lead
Time
Haworth Collection -
Poltrona Frau,
Cappellini, Cassina
Haworth Collection –
Pablo Design
$1 or More 12%
XVI
Regular Lead
Time
Harbor Work Lounge $1-$50,000
$50,001 or More
47%
Negotiable
XVII
Regular Lead
Time
Haworth Health
Environments, Atwell™
$1-$50,000
$50,001 or More

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

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

B. The applicable discount will be separately negotiated for new products or lead time programs introduced by Seller during the term of this Agreement. 403
HAWORTH - CONTRACT 2020000606

EXHIBIT A - PRICING SHEET

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

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

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

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

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

3. FIXED MONTHLY RATE FOR STORAGE OPTIONS:

STANDARD FIXED MONTHLY RATE MONTHLY RATE /
FT2

MONTHLY RATE /
FT3
Negotiable per location $1.25 $1.95

4. PRICING INCENTIVES BEYOND THE STANDARD DISCOUNT:

DESCRIPTION

ADDITIONAL
PERCENTAGE (%)

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

In addition, we will offer a Sole Source pricing option to any OMNIA participating agency that selects Haworth as its sole source provider within the terms of the OMNIA contract. This option will provide deeper discounts than the standard OMNIA contract and would require agencies to sign an agreement acknowledging Haworth as their single source provider.
404
Agenda Item
City Council
Item #: 3.17. 9/12/2023 File #: 23-0593
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize the purchase of two ambulances for the Orange Fire Department through a Cooperative Purchasing Agreement.

2. SUMMARY
Purchase two ambulances from Southwest Ambulance Sales. The City Council has previously approved the Cooperative Purchasing Agreement as the standard for vehicle and equipment procurement.

3. RECOMMENDED ACTION
Approve the purchase of two Type 1 Ambulances from Southwest Ambulance Sales for $569,369.

4. FISCAL IMPACT
The total expenditure for this purchase is $569,369 and will be funded through the Vehicle Replacement Fund (720).

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

Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is requesting the purchase of two Type 1 ambulances as an add to fleet to improve emergency medical response services in our community. The ambulances are critical in providing emergency medical services to our residents, businesses, and visitors. As the population grows, there is an increasing demand for efficient and effective emergency medical response. Our current ambulance fleet is reaching the end of its operational life, resulting in higher maintenance costs and potential service disruptions.

To address these challenges, staff recommends the purchase of two Type 1 ambulances through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Contract No. AM10-20. This cooperative purchasing arrangement offers numerous benefits, including streamlined procurement processes, competitive pricing, and compliance with local regulations. The Type 1 ambulances are City of Orange Printed on 9/7/2023Page 1 of 2
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405
Item #: 3.17. 9/12/2023 File #: 23-0593
processes, competitive pricing, and compliance with local regulations. The Type 1 ambulances are equipped with advanced medical equipment, ample patient care space, and robust off-road capabilities, making them ideal for serving our diverse community's needs. These two ambulances will be ready for delivery within a few months.

To fund the purchase of these ambulances, $466,000 was budgeted in the current Fiscal Year 2023-

24. Additional funds to complete this purchase are available in the Vehicle Replacement Fund because of savings achieved in previous fire apparatus purchases.

7. ATTACHMENTS
· HGAC Purchasing Contract No. AM10-20
City of Orange Printed on 9/7/2023Page 2 of 2
powered by Legistar™
406
Agenda Item
City Council
Item #: 3.17. 9/12/2023 File #: 23-0593
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize the purchase of two ambulances for the Orange Fire Department through a Cooperative Purchasing Agreement.

2. SUMMARY
Purchase two ambulances from Southwest Ambulance Sales. The City Council has previously approved the Cooperative Purchasing Agreement as the standard for vehicle and equipment procurement.

3. RECOMMENDED ACTION
Approve the purchase of two Type 1 Ambulances from Southwest Ambulance Sales for $569,369.

4. FISCAL IMPACT
The total expenditure for this purchase is $569,369 and will be funded through the Vehicle Replacement Fund (720).

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

Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

To address these challenges, staff recommends the purchase of two Type 1 ambulances through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Contract No. AM10-20. This cooperative purchasing arrangement offers numerous benefits, including streamlined procurement processes, competitive pricing, and compliance with local regulations. The Type 1 ambulances are City of Orange Printed on 9/7/2023Page 1 of 2
powered by Legistar™
407
Item #: 3.17. 9/12/2023 File #: 23-0593
processes, competitive pricing, and compliance with local regulations. The Type 1 ambulances are equipped with advanced medical equipment, ample patient care space, and robust off-road capabilities, making them ideal for serving our diverse community's needs. These two ambulances will be ready for delivery within a few months.

To fund the purchase of these ambulances, $466,000 was budgeted in the current Fiscal Year 2023-

24. Additional funds to complete this purchase are available in the Vehicle Replacement Fund because of savings achieved in previous fire apparatus purchases.

7. ATTACHMENTS
· HGAC Purchasing Contract No. AM10-20
City of Orange Printed on 9/7/2023Page 2 of 2
powered by Legistar™
408
Contract Pricing Worksheets
Rev 02-05-07
NOTE: Purchase Orders are not valid unless
a copy of the completed worksheet and the
customer's order are faxed to HGACBuy at:
713-993-4548
This Workbook contains three versions of HGACBuy's Contract Pricing Worksheet. One is for Standard Equipment / Services, one is for Catalog or Price Sheet type purchases, and the third is for Motor Vehicles only. See tabs at bottom to select appropriate Worksheet.

Please contact H-GAC staff about use of the worksheets if you have any questions. 409
Contract
No.: AM10-20 Date
Prepared:8/24/2023
Buying
Agency: Contractor:

Contact
Person:

Prepared
By:

Phone: Phone:

Fax: Fax:

Email: Email:

Product
Code: AM20RA16Description:
160,213.00
Cost Cost
68,292
Subtotal B: 68292
Cost Cost
5,081
Subtotal C: 5081.125
2%
2 233586.125 = Subtotal D: 467172.25
Subtotal E: 1000
Cost Cost
57000 40871.35
3200 124.5
Subtotal F: 101195.85
569368.1
Please See Attached
Description Description
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Subtotal From Additional Sheet(s):

B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) [email protected]
E. H-GAC Order Processing Charge (Amount Per Current Policy) D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) F. Trade-Ins / Other Allowances / Special Discounts / Freight / Installation X Subtotal of A + B + C:

Description
Please See Attached
Description

CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
Type I Metro Express RP90ES Ford F350 -Gas
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:

This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.

Orange City Fire Department
Bryan Johnson
714-288-2503
[email protected]
Southwest Ambulance Sales
Bobby Davis
806-336-3949
G. Total Purchase Price (D+E+F): Delivery Date: 120-150 Days Subtotal From Additional Sheet(s):

Quantity Ordered:

For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).

Description Description
DMV and Tire Fees
Sales Tax 7.75%Stryker Power Pro 2 Cot, High Config for (2) Chassis changed from Gas to Diesel for (2)
410

PUBLISHED OPTIONS
1 200090 Compartment #6: Spare tire aft of curb side wheel well on RP-90 ES with seat belt strap.
$2401.00
2 200200 Power Door Locks: All Entry and Compartment Doors, wired to OEM door lock system
$1,725.00
3 99-0678 Power Door Locks: Stealth Switch. $127.00
4 99-0717 Shoreline: Auto Eject, 125 VAC, 20-Amp, 60 Hz straight-blade inlet w/hinged, weatherproof cover-ILOS
$882.00
5 500118 All LED Light Package $5096.00
6 500127 Light, Scene/Load, Whelen 9x7 LED w/8-32-degree optics- ILOS x(4)
$2572.00
7 95-0511 Cargo Net @ head of squad bench $854.00
8 800168 EVS Technician's Seat w/Child Restraint System with 4 point seat belt.
$686.00
9 800170 Glove Box Holder, 3-Slots $343.00
10 1000082 Paint: Type 1 module & chassis custom color. $13,720.00 11 99-0522 Dome Light: LED (8) $2016.00
12 99-0678 Power Door Locks: Stealth Switch. $127.00
13 99-1086 Stryker Power Load system $37,100.00
14 99-1098 Privacy tint applied to all 3 entry module door windows. $643.00 Total$68292.00
411

UNPUBLISHED OPTIONS
1 Custom Graphics Package $3496.13
2 AC System upgrade $1585.00
Total$5081.13
412
Agenda Item
City Council
Item #: 3.18. 9/12/2023 File #: 23-0572
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Declare the property located on the south side of 2045 East Palmyra Avenue as surplus to the City’s needs, authorize the disposal of the property, and finding of CEQA exemption. Resolution No. 11491.

2. SUMMARY
Resolution No. 11491 will declare the property located on the south side of 2045 East Palmyra Avenue, also known as Assessor’sParcel No. 390-502-09, as surplus to the City’sneeds and will authorize the disposal of the property.

3. RECOMMENDED ACTION
Adopt Resolution No. 11491. A Resolution of the City Council of the City of Orange declaring that certain City-owned real property located on the south side of 2045 East Palmyra Avenue in the City of Orange is exempt surplus land pursuant to Government Code Section 54221 and finding that the foregoing action is exempt from review under the California Environmental Quality Act.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The subject property was acquired by the City from the County of Orange as a tax defaulted property in 1970. The property was conveyed to the City by deed recorded on July 24, 1970, in Book 9355,

Page 756 ends

The property is 871 square feet (per assessor’srecords) and triangular shaped. The three sides of the property are East Palmyra Avenue cul-de-sac on the west, a residential tri-plex on the north (2045 East Palmyra Avenue), and vacant land on the south.

The subject parcel is a vacant lot and has been a continual problem with nuisance activity along Santiago Creek and the 55 freeway overpass.

The property is considered “surplusland”because it is owned in fee simple by the City of Orange and is not needed for current or potential future City use. Under the Surplus Land Act, as detailed in City of Orange Printed on 9/7/2023Page 1 of 2
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413
Item #: 3.18. 9/12/2023 File #: 23-0572
is not needed for current or potential future City use. Under the Surplus Land Act, as detailed in Government Code sections 54220 and subsequent sections (the “Act”),sets forth the parameters for the disposal of “surplus land” by local agencies. In accordance with the Act, all government-owned property proposed to be declared as surplus must adhere to the definitions and guidelines set therein. As outlined under Government Code section 54221, “surplusland”refers to land that a city or local agency owns outright and is not necessary for its operational needs.

Further, pursuant to Government Code section 54221(f)(1)(B), certain properties can be classified as “exempt surplus land.” This property is exempt because it meets one or more of the following conditions: it is less than 5,000 square feet in size, it is smaller than the minimum permissible residential building lot size for the jurisdiction (or 5,000 square feet, whichever is less), or it lacks recorded access and is less than 10,000 square feet in area. Moreover, the land is not adjacent to state or local agency-owned land designated for open-space or for low- to moderate-income housing.

Since the parcel is vacant, is less than 5,000 square feet, and is less than the minimum legal residential building lot size, the highest and best use is to become a joiner to one of the two adjacent parcels. The property owner of 2045 East Palmyra Avenue has approached the City and expressed interest in acquiring the property so he could fence it and stop the illegal use of the property.

Upon adoption of Resolution No. 11491, staff will initiate the surplus property disposal process for disposition of the parcel.

7. ATTACHMENTS
· Resolution No. 11491
· Location Map
· Aerial Photo
City of Orange Printed on 9/7/2023Page 2 of 2
powered by Legistar™
414
Agenda Item
City Council
Item #: 3.18. 9/12/2023 File #: 23-0572
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

4. FISCAL IMPACT
None.

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

Page 756 ends

The subject parcel is a vacant lot and has been a continual problem with nuisance activity along Santiago Creek and the 55 freeway overpass.

The property is considered “surplusland”because it is owned in fee simple by the City of Orange and is not needed for current or potential future City use. Under the Surplus Land Act, as detailed in City of Orange Printed on 9/7/2023Page 1 of 2
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415
Item #: 3.18. 9/12/2023 File #: 23-0572
is not needed for current or potential future City use. Under the Surplus Land Act, as detailed in Government Code sections 54220 and subsequent sections (the “Act”),sets forth the parameters for the disposal of “surplus land” by local agencies. In accordance with the Act, all government-owned property proposed to be declared as surplus must adhere to the definitions and guidelines set therein. As outlined under Government Code section 54221, “surplusland”refers to land that a city or local agency owns outright and is not necessary for its operational needs.

Upon adoption of Resolution No. 11491, staff will initiate the surplus property disposal process for disposition of the parcel.

7. ATTACHMENTS
· Resolution No. 11491
· Location Map
· Aerial Photo
City of Orange Printed on 9/7/2023Page 2 of 2
powered by Legistar™
416
RESOLUTION NO. 11491

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE DECLARING THAT

CERTAIN CITY-OWNED REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF 2045 EAST

PALMYRA AVENUE IN THE CITY OF ORANGE

IS EXEMPT SURPLUS LAND PURSUANT TO
GOVERNMENT CODE SECTION 54221 AND

FINDING THAT THE FOREGOING ACTION IS

EXEMPT FROM REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY
ACT

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

WHEREAS, the City owns in fee simple certain real property consisting of approximately 871 square feet on the south side of 2045 East Palmyra Avenue, also known as Assessor’s Parcel No. 390 -502-09, as depicted in Exhibit A, incorporated herein by this reference (“Property”); and

WHEREAS, the Surplus Land Act, Government Code sections 54220 , et seq . (as amended, the “Act”) applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and

WHEREAS, the Property is “surplus land” under the Act because it is land owned in fee simple by the City and is not necessary for the City’s use and for which the City Council will take formal action (in the form of adoption of this Resolution) in a regular public meeting declaring that the land is surplus; and

WHEREAS, pursuant to the Act, at Government Code section 54221(f)(1)(B), “exempt surplus land” includes property that is “(i) less than 5,000 square feet in area, (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or (iii) has no record access and is less than 10,000 square feet in area; and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes”; and

WHEREAS, staff intends to offer the Property for sale to contiguous property owners, consistent with the requirements of the Act at Government Code section 54221(f)(1)(B); and

WHEREAS, Government Code section 54222.3 provides that “this article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency”; and
417
2 WHEREAS, while pre-adoption review of a local agency’s resolution finding land to be exempt surplus land under the Act is encouraged but not required, a copy of this Resolution was submitted to the Public Lands Team at the Department of Housing and Community Development (“HCD”) on June 29, 2023 and a response from HCD was received on July 10, 2023 advising that the draft Resolution meets the requirements for an exemption and requesting a copy of the adopted Resolution once available for HCD to provide a findings letter; and

WHEREAS, the City Council desires to declare the Property as “exempt surplus land” consistent with and in compliance with the Act and that a copy of this Resolution be transmitted to HCD at least thirty (30) days prior to disposition, per HCD Guidelines.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:

1. That the foregoing recitals are true and correct.

2. That this Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 , et seq .) (“CEQA”). Designation of the Property as exempt surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Sec tion 15378. Adoption of this Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

3. That the Property: (1) is surplus land because it is not necessary for the City’s use; (ii) is exempt, pursuant to Government Code section 54221(f)(1)(B)(i) because it is less than 5,000 square feet; (iii) the City intends to offer the Property for sale to contiguous property owners; and (iv) tha t the noticing requirements of the Act pertaining to surplus land are not applicable.

4. The City Manager, or designee, is authorized to take all steps necessary to offer the Property for sale to owners of contiguous land.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
418
3 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, Ci ty Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
419

WAYFIELD ST

PARK LN

WASHINGTON AVE

WAYFIELD ST

JENNIFER LN

PARK LN
2045
E. PALMYRA AVE

SANTIAGO CREEK

SANTIAGO CREEK
55 FREEW
AY
55 FREEW
AY
City Owned Vacant Parcel

LOCATION MAP
south side of 2045 E Palmyra Ave I
6/20/2023
420

WAYFIELD ST

PARK LN

WASHINGTON AVE

WAYFIELD ST

JENNIFER LN

PARK LN
2045
E. PALMYRA AVE

SANTIAGO CREEK

SANTIAGO CREEK
55 FREEW
AY
55 FREEW
AY
City Owned Vacant Parcel

LOCATION MAP
south side of 2045 E Palmyra Ave I
6/20/2023
421
Agenda Item
City Council
Item #: 3.19. 9/12/2023 File #: 23-0596
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Adoption of Resolution 11492 resetting the time of the Planning Commission regular meetings.

2. SUMMARY
The proposed Resolution would change the start time for Planning Commission regular meetings from 7:00 p.m. to 5:30 p.m.

3. RECOMMENDED ACTION
Adopt Resolution No. 11492. A Resolution of the City Council of the City of Orange Rescinding Resolution No. 11466 and re-establishing the number of members, qualifications for membership, purpose, compensation and meeting information for specified City Boards, Committees and Commissions with a change in the meeting time for Planning Commission from 7:00 p.m. to 5:30 p.m.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Providing Outstanding Public Service
a) Obtain, implement, and evaluate public input into our services and programs.

6. DISCUSSION AND BACKGROUND
On March 28, 2023, the City Council adopted Ordinance No. 01-23 to amend Orange Municipal Code Section 2.64.040 so that regular meetings of the Planning Commission shall be held “at a time established by resolution of the City Council.” The proposed Resolution re-establishes the structure of specified Boards, Committees and Commissions and, in furtherance of Section 2.64.040, designates the time of Regular Planning Commission meetings as 5:30 p.m. rather than 7:00 p.m., consistent with other Boards, Committees and Commissions.

7. ATTACHMENTS
· Resolution No. 11492
City of Orange Printed on 9/7/2023Page 1 of 1
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422
Agenda Item
City Council
Item #: 3.19. 9/12/2023 File #: 23-0596
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Adoption of Resolution 11492 resetting the time of the Planning Commission regular meetings.

2. SUMMARY
The proposed Resolution would change the start time for Planning Commission regular meetings from 7:00 p.m. to 5:30 p.m.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Providing Outstanding Public Service
a) Obtain, implement, and evaluate public input into our services and programs.

7. ATTACHMENTS
· Resolution No. 11492
City of Orange Printed on 9/7/2023Page 1 of 1
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423
RESOLUTION NO. 11492

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RESCINDING RESOLUTION NO.
11466 AND RE-ESTABLISHING THE NUMBER OF

MEMBERS, QUALIFICATIONS FOR MEMBERSHIP,

PURPOSE, COMPENSATION AND MEETING

INFORMATION FOR SPECIFIED CITY BOARDS,

COMMITTEES AND COMMISSIONS WITH A

CHANGE IN THE MEETING TIME FOR PLANNING
COMMISSION FROM 7:00 P.M TO 5:30 P.M.

WHEREAS, the City Council of the City of Orange creates boards, committees, and commissions and appoints members thereof to assist in carrying out of the City’s business and to further the public interest; and

WHEREAS, by Resolution No. 11466, the City Council established criteria and meeting times for such various boards, committees and commissions; and

WHEREAS, the City Council desires to revise the time for the regular meetings of the Planning Commission to be consistent with the meeting times of other boards, committees and commissions of the City.

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

• That Resolution No. 11466 is hereby repealed in its entirety.

• As set forth in Exhibit A, effective October 2, 2023, the Planning Commission shall convene at 5:30 p.m.

• The criteria for the remaining boards, committees and commissions shall be as set forth in Exhibit A.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
424
2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 202 3 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

425

Exhibit A

Page 1 of 4 ends

EXHIBIT A

QUALIFICATIONS FOR CITY COUNCIL CREATED

BOARDS, COMMITTEES AND COMMISSIONS

1. Community Development Block Grant Program Committee
• Number: The Committee shall consist of seven members. • Term: Two years.
• Qualifications: Members shall have their primary residence in the City.

Members shall show an interest in and knowledge of housing and community development issues, especially as they relate to affordable housing and public service for residents of low and moderate income. • Purpose: To provide a public engagement process in the allocation of CDBG funds as required by 24 C.F.R. Part 91.105
• Duties: As set forth in the CDBG Program Policies and Procedures Manual maintained by the City.
• Compensation: None.
• Meeting Dates: As determined by City staff.

2. Design Review Committee
• Number: The Committee shall consist of seven members. • Term: Four years.
• Qualifications: Members shall have their primary residence or primary place of employment in the City. Members shall be qualified to analyze and interpret architectural and site planning information, and shall include, but not be limited to, licensed landscape architects, architects, urban planners, engineers and licensed general contractors. At least two members shall have professional experience in urban planning, architectural history or historic preservation and possess a gener al knowledge of architecture in the City’s Historic Districts.
• Purpose: As set forth in Section 17.08.020.D of the Orange Municipal Code. • Duties: As set forth in Section 17.08.020.D of the Orange Municipal Code. • Compensation: $50 per meeting attended with a maximum of $200 per month.
• Meeting Dates: The 1st and 3rd Wednesday of each month convening at 5:30 p.m. If such date is a legal holiday observed by the City, the meeting shall be held the following day.

3. Investment and Audit Committee
• Number: The Committee shall consist of seven members: the City Treasurer and six representatives from the public.
• Term: Two years.
• Qualifications: Members shall have their primary residence or primary place of employment in the City. In addition, they must meet at least one of 426

Exhibit A

Page 2 of 4 ends

the following criteria: (a) have the designation of Certified Public Accountant (CPA) or other business -related experience; and/or (b) have substantial education and demonstrated managerial experience of no less than five years in one or more of the follow ing areas: investment banking, investment brokerage and sales, investment management, financial management and planning, or commercial banking. The qualifications of the applicants for the public representatives will be reviewed by the City Manager, the F inance Director, and an outside expert in finance, investments, or auditing who shall submit qualified applicants to the Mayor and City Council. The City Council shall endeavor to ensure that there is at least one citizen representative that meets the qualifications of criteria (a) above, and one citizen representative that meets the qualifications of criteria (b) above. No member of the Committee shall be financially interested in any contract, or otherwise conduct any business with any member of the City Council, the City Manager, the Finance Director, the City Treasurer, or the City or any of its agencies, either on an individual basis or as a partner, major shareholder, member, or employee of any firm.
• Purpose: The primary purpose of the Committee is to assist the City Council in discharging its responsibility for the overall stewardship of the City’s financial affairs, including determining that the City’s investments are consistent with the City’s investment policy’s principal objectives of safety first, liquidity second, and total rate of return third. The Committee reports to and acts as an advisory body to the City Council, and augment s management’s accountability to the City Council. The Committee shall act solely as an advisory body and shall not exercise decision-making authority, nor shall it be involved in day -to-day financial and accounting operations of the City. The Committee shall not make, or direct City staff to make, any particular Investment, purchase any particular investment products, or do business with any particular investment companies, brokers, or advisors. • Duties: The Committee’s duties are to:
o Select the independent financial auditor for the financial statement audit;
o Monitor the progress and evaluate the results of the financial statement audit;
o Ensure the prompt and effective remedy of any control weaknesses and legal compliance violations identified in the course of the financial statement audit;
o Serve as a direct communications link between the City Council and the independent auditor;
o Monitor the adequacy of the City’s internal control structure on an ongoing basis, such as cash disbursements, cash receipting, treasury transactions, etc., as examined by the internal audit function and the independent financial auditor;
o Review results of contract compliance audits and financial statement reviews conducted by the City’s internal audit function, such as trash contracts, internal controls, and revenue audits; 427

Exhibit A

Page 3 of 4 ends

o Review results of compliance audits and reviews conducted by outside agencies, such as Department of Transportation grants, M2 funds for the Senior Mobility program and the Ground Emergency Medical Transport (GEMT) supplemental reimbursement program; o Review the City’s Investment Policy annually and recommend revisions as necessary;
o Review the Treasurer’s Report as defined by the State of California Government Code Section 53646 to ensure conformance with the City’s Statement of Investment Policy and review related factors such as risk, diversification, and maturity;
o Provide advice regarding potential investment, potential investment strategies, and suitability of pools such as the Local Agency Investment Fund (LAIF);
o Provide written recommendations to the City Council;
o Maintain minutes of the Committee proceedings and report to the City Council quarterly.
• Compensation: None.
• Meeting Dates: Quarterly and additional meetings as needed on dates determined by City staff.

4. Park Planning and Community Events Commission
• Number: The Commission shall consist of seven members. • Term: Four years.
• Qualifications: Members shall have their primary residence in the City.

Members shall have knowledge of sports complexes and/or park development, and knowledge of City-sponsored events.
• Purpose: As set forth in Chapter 2.60 of the Orange Municipal Code. • Duties: As set forth in Chapter 2.60 of the Orange Municipal Code. • Compensation: None.
• Meeting Dates: The 3rd Tuesday of January, March, May, July, September, and October and convening at 5:30 p.m. If such date is a legal holiday observed by the City, the meeting shall be held the following Thursday.

5. Planning Commission
• Number: The Commission shall consist of seven members. • Term: Four years.
• Qualifications: Members shall have their primary residence in the City.

Members shall have general knowledge of land use and development. • Purpose: As set forth in Section 17.08.020.B
• Duties: Duties are set forth in Section 17.08.020 of the Orange Municipal Code.
• Compensation: $60 per meeting attended with a maximum of $240 per month.
428

Exhibit A

Page 4 of 4 ends

• Meeting Dates: The 1st and 3rd Monday of each month convening at 5:30 p.m. If such date is a legal holiday observed by the City, the meeting shall be held the following Thursday.

6. Traffic Commission
• Number: The Commission shall consist of seven members. • Term: Four years.
• Qualifications: Members shall have their primary residence in the City. The Chief of Police or designee and the City Traffic Engineer or designee, shall be non-voting members of the Commission.
• Purpose: As set forth in Chapter 10.06 of the Orange Municipal Code. • Duties: As set forth in Chapter 10.06 of the Orange Municipal Code. • Compensation: None. Reimbursement for incidental expenses allowed. • Meeting Dates: The 2 nd Wednesday of February, April, June, August, October and December, convening at 5:30 p.m. If such date is a legal holiday observed by the City, the meeting shall be held the following day.

429
Agenda Item
City Council
Item #: 3.20. 9/12/2023 File #: 23-0463
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the City of Orange Police Management Association. Resolution No. 11493.

2. SUMMARY
Resolution 11493 establishes the Memorandum of Understanding (MOU) between the City of Orange and the City of Orange Police Management Association, incorporating the previously agreed to Letter of Understanding.

3. RECOMMENDED ACTION
Adopt Resolution No. 11493. A Resolution of the City Council of the City of Orange repealing Resolution No. 11273 and amendments thereto approving the Memorandum of Understanding between the City of Orange and the City of Orange Police Management Association bargaining unit concerning wages, hours, and other terms and conditions of employment effective July 1, 2023, through June 30, 2026.

4. FISCAL IMPACT
Since City Council has already approved the economic provisions of this Memorandum of Understanding at the May 23, 2023, meeting by adopting a Letter of Understanding between the City and the City of Orange Police Management Association, there is no additional fiscal impact to the budget for adopting this Memorandum of Understanding.

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

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
In accordance with the Myers-Milias-Brown Act, the City and the and the City of Orange Police Management Association met and conferred on matters of concern to the City and employees in the Association.

Contract negotiations concluded in April of 2023 when the City and the Association agreed on wages, salaries, benefits, and other terms and conditions of employment for the period of July 1, 2023, City of Orange Printed on 9/7/2023Page 1 of 2
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430
Item #: 3.20. 9/12/2023 File #: 23-0463
salaries, benefits, and other terms and conditions of employment for the period of July 1, 2023, through June 30, 2026.

This new successor Memorandum of Understanding contains language changes only, and incorporates all the economic provisions previously adopted by Council at their May 23, 2023 Council meeting.

7. ATTACHMENTS
· Resolution No. 11493
City of Orange Printed on 9/7/2023Page 2 of 2
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431
Agenda Item
City Council
Item #: 3.20. 9/12/2023 File #: 23-0463
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the City of Orange Police Management Association. Resolution No. 11493.

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

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

Contract negotiations concluded in April of 2023 when the City and the Association agreed on wages, salaries, benefits, and other terms and conditions of employment for the period of July 1, 2023, City of Orange Printed on 9/7/2023Page 1 of 2
powered by Legistar™
432
Item #: 3.20. 9/12/2023 File #: 23-0463
salaries, benefits, and other terms and conditions of employment for the period of July 1, 2023, through June 30, 2026.

This new successor Memorandum of Understanding contains language changes only, and incorporates all the economic provisions previously adopted by Council at their May 23, 2023 Council meeting.

7. ATTACHMENTS
· Resolution No. 11493
City of Orange Printed on 9/7/2023Page 2 of 2
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433
RESOLUTION NO. 11493

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REPEALING RESOLUTION NO.
11273 AND AMENDMENTS THERETO APPROVING

THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ORANGE AND THE CITY

OF ORANGE POLICE MANAGEMENT ASSOCIATION

BARGAINING UNIT CONCERNING WAGES,

HOURS, AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT EFFECTIVE JULY 1, 2023
THROUGH JUNE 30, 2026

WHEREAS, the City of Orange, hereinafter referred to as "City", and the City of Orange Police Management Association bargaining unit , hereinafter referred to as “Association” , collectively the “Parties”, have met and conferred in accordance with requirements of the Meyers- Milias-Brown Act; and

WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective July 1, 2023 through June 30, 2026 and the City Council desires to repeal Resolution No. 11273 and amendments thereto for said employees, as more set forth in the Memorandum of Understanding, hereinafter referred to as “MOU”; and

WHEREAS, on May 23, 2023 the City Council of the City of Orange adopted Resolution No. 11459, a Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the Parties effective July 1, 2023; and

WHEREAS, the Parties have met and further refined language to clarify existing provisions as agreed upon during the meet and confer process and concur on all language changes included in the successor MOU.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached MOU is approved and incorporated by reference as Exhibit A as though fully set forth herein.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

434
2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

435

Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ORANGE AND THE

ORANGE POLICE MANAGEMENT

ASSOCIATION

JULY 1, 2023 THROUGH JUNE 30, 2026

436

TABLE OF CONTENTS

Article No. Article Title Page No.

I Recognition of Association 1
II Non-Discrimination 1
III Salaries 2
IV Working Out of Classification 4
V Work Week 5
VI Overtime (Compensatory Time) 5
VII Court Time 8
VIII Special Assignments Pays 9
IX Educational Incentive and Reimbursement 11
X Uniform Allowance 12
XI Holidays 12
XII Vacation 13
XIII Probationary Period 14
XIV Other Leaves of Absence 15
XV Layoff Procedures 20
XVI Health Benefits 22
XVII Retirement 24
XVIII Safety And Health Fitness 25
XIX Travel Expense Allowed 26
XX Employee Organizational Rights and Responsibility 26 XXI City Management Rights 27
XXII No Strike 28
437

XXIII Grievance Procedure 29
XXIV Direct Deposit 31
XXV Residency Requirement 31
XXVI Effect of Memorandum of Understanding on Conflicting Agreements
31 XXVII Waiver of Bargaining During Term of Memorandum of Understanding
31 XXVIII Emergency Waiver 32
XXIX Limited Reopener 32
XXX Memorandum Of Understanding Terms Severable 32
XXXI Term of Memorandum of Understanding 34 XXXII Ratification and Execution 34
Appendix A Monthly Salary Ranges 35

438

1 ARTICLE I

RECOGNITION OF ASSOCIATION
Pursuant to the provisions of the Employer -Employee Relations Resolution No. 3611 of the City of Orange and amendments hereto, the City of Orange, hereinafter referred to as "City", for the purpose of meeting its obligations under the Meyers -Milias-Brown Act (Government Code Section 3500 et. seq.), Employer -Employee Relations Resolution No. 3611 and this Memorandum of Understanding, hereinafter refer red to as “MOU”, has recognized the City of Orange Police Association, hereinafter referred to as "Associatio n", as the majority representative of the employee classifications listed within Appendix A. As majority representative, the Association is empowered to act on behalf of all employees who hold positions in classifications covered by this MOU whether or not they are individually members of the Association. The classifications in Appendix A shall be in a bargaining unit, hereafter referred to as the “Police Management Association”.

The City and the Association have reached agreement on an updated Employer -Employee Labor Relations Resolution, which shall be adopted by City Council at a future date once all City bargaining groups have had an opportunity to review.

Any modification or interpretation of the rights of the parties concerning recognition set forth above shall only be established in accordance with Federal and/or State law.

ARTICLE II

NON-DISCRIMINATION
The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employer -Employee Relations Resolution and Government Code Sections 3500 et. seq.

In accordance with Federa l and State law, the City and the Association agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, national origin, religion, sex, gender, gender identity, physical or mental disability, medical condition (cancer-related or genetic information), ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Unifo rmed Services Employment and Reemployment Rights Act of 1994) or any other lawfully protecte d class. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State agency or cour t of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with Federal or State a nti- discrimination laws.

REST OF PAGE LEFT BLANK INTENTIONALLY.
439

2 ARTICLE III

SALARIES
SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for all employees covered by this MOU.

SECTION 2. SALARIES. Salaries and their effective dates for employees covered by this MOU are listed in Appendix A. The salary and wage schedules shall constitute the basic compensation plan consisting of seven (7) steps ( eight (8) steps for Police Sergeant and Police Lieutenant) or rates of pay in each range. Each step shall be approximately 5.0% above the preceding step, except Step G for Police Captain and Step H for Police Lieutenant and Police Sergeant shall be approximately 4.0% above the prior step. The respective ranges shall be identified by number and the steps by the letters A to G (A to H for Police Sergeant and Police Lieutenant).

SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges and steps contained in the monthly salary schedule in the appendix hereof are monthly compensation rates.

For all employees, the hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours.

In determining the hourly rate as herein provided, compensation shall be made to the nearest one- half (½) cent.

There shall be a top-step to top-step base salary increase of at least fifteen (15.0%) between Police Officer and Police Sergeant, Police Sergeant and Police Lieutenant, and Police Lieutenant and Police Captain.

SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in Step A in the range assigned to the classification for which the employe e has been hired, except that upon the request of the Police Chief, and with the authorization of the Human Resources Director, such employee may be placed at any step in the range depending upon the employee's qualifications.

SECTION 5. SERVICE. The word service, as used in this MOU, shall be defined to mean continuous, full -time service in the employee's present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.

A lapse of service by any employee for a period of time longer than thirty (30) days by reason of resignation or discharge eliminates the accumulated length of service time of such employee for the purpose of this MOU. Employees re-entering the service of the City shall be considered as a new employee, except that the employee may be re-employed within one (1) year and placed in the same salary step in the appropriate compensation range as the employee was at the time of separation of employment.
440

3 SECTION 6. ADV ANCEMENT WITHIN SALARY RANGES. The following regulations shall govern salary advancement:

Merit Advancement. An employee shall be considered for advancement through the salary range yearly upon the employee’s appointment date. To receive the merit increase, an employee must demonstrate meritorious and efficient service, and continued improvement by the employee in the effective performance of the employee’s duties. A merit increase shall become effective on the first day of the pay period following the employee’s appointment date, unless a later date is specifically determined by the Chief of Po lice or designee.
1) The Police Chief, or a duly authorized designee, shall file with the Human Resources Director, a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons. If denied by the Police Chief or Human Resources Director, the reason for denial will be provided to the employee.

Special Merit Advancement . When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Police Chief may recommend to the Human Resources Director, with a completed performance evaluation, that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU. The Human Resources Director may, on the basis of the Police Chief’s recommendation, approve and effect such an advancement.

Length of Service Required When Advancement is Denied. When an employee is not approved for advancement to the next higher step, the employee may be reconsidered for such advancement at any subsequent time , but not later than twenty-six (26) pay periods.

This reconsideration shall follow the same steps and shall be subject to the same action as provided in Section 6A.

SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid a salary step higher than Step A may be reduced by one or more steps for just cause upon the recommendation of the Police Chief with the approval of the Human Resources Director. A proposed reduction in an employee’s salary step is subject to Skelly/due process.

SECTION 8. PROMOTIONAL SALARY ADV ANCEMENT. When an employee is promoted to a position in a higher classification, the employee may be assigned to Step A in the appropriate range for the higher classification; provided that if such employee is already being paid at a rate equal to or higher than Step A, the employee may be placed in the step in that appropriate salary range as will grant the employee an increase of at least five percent (5 .0%), but no more than fifteen percent (15.0%), at the discretion of the Police Chief and Human Resources Director , but is not to exceed the top of the salary range.

SECTION 9. DEMOTION. When an employee is demoted for disciplinary reasons to a position in a lower classification, the new salary rate shall be assigned to the step in the new salary range for the lower classification that produces at least a 5.0% base salary reduction. 441

4 SECTION 10. REASSIGNMENT OF COMPENSATION RANGES . Any employee who is employed in a classification which is reassigned to a different pay range from that previously assigned shall be retained in the same salary step in the new range as the employee has previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however:

That if such retention shall result in the advancement of more than one (1) step, the Human Resources Director may, at the time of reassignment, place the employee in a step which will result in an increase of only one (1) step.

That if the reassignment shall be to a lower compensation range, the top step of which shall be lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the new classification is assigned to a compensation schedule which will allow for fur ther salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range.

That if the reassignment is to a lower compensation range, the top step of which is higher than the existing rate of pay of the employee, the employee shall be placed on that step of the lower compensation range, which is equivalent to the employee's existing rate of pay.

If there is no equivalent rate of pay, the employee shall be placed on the next highest step.

The employee shall retain credit for length of service previously acquired in such step toward advancement to the next higher step.

ARTICLE IV

WORKING OUT OF CLASSIFICATION
The City may work employees out of classification for up to four (4) consecutive working days without additional compensation. On the fifth (5th) consecutive working day the employee works out of classification and for each additional consecutive working d ay the employee works out of classification, the employee shall be paid additional compensation at Step A of the classification to which the employee is assigned or, if Step A does not produce at least a five percent (5.0%) increase in compensation, such step that provides the employee a minimum of a five percent (5.0%) compensation increase, not to exceed the top of the range.

Working out of classification assignments shall only be made for positions vacated due to illness or an approved leave of absence. Working out of classification assignments shall not be made for positions vacated due to resignations, terminations, and/or demotions. To qualify for working out of classification pay, the employee must be performing all the significant duties of the higher-level position.

The Police Chief shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment. 442

5 ARTICLE V

WORK WEEK
The regular work week for sworn personnel assigned to supervise patrol officers, excluding any and all special assignments, shall be three (3) consecutive shifts of twelve and one half consecutive hours (12 .5) (plus one additional ten (10) consecutive hour shift that precedes or follows the employee’s regularly assigned first or last work shift of the week, during each twenty-eight (28) day Federal Labor Standards Act work period) (3/12.5 Schedule). All other employees covered by this MOU shall work forty (40) hours per week consisting of four (4) consecutive shifts of ten (10) consecutive hours (4/10 Schedule) and three (3) consecutive days off, provided that, under special circumstances, an employee and the department may mutually agree to a different schedule.

ARTICLE VI

OVERTIME (COMPENSATORY TIME)

SECTION 1.

GROSS RATE. As used in this MOU, whenever the term “Gross rate” or “Gross rate of pay” is used, it shall refer to employee’s monthly base rate of pay, plus all premium pay, special assignment pay and flexible benefits plan opt out or cash back to which the employee is entitled, divided by the employee’s regularly scheduled hours (i.e., 173.33/month).

NET RATE. As used in this MOU, whenever the term “Net rate” or “Net rate of pay” is used, it shall refer to employee’s monthly base rate of pay, plus all premium pay and special assignment pay, but NOT including flexible benefits plan opt out or cash back to which the employee is entitled, divided by the employee’s regularly scheduled hours (i.e., 173.33/month).

SECTION 2. COMPENSATORY TIME . All overtime earned by eligible employees shall be accumulated at one and one -half times (1.5) the employee’s Gross rate of pay in cash or compensatory time. Eligible employees are defined as Police Sergeants, Police Records Manager, and Police Communications Manager.

SECTION 3. POLICE LIEUTENANT OVERTIME. If a Police Lieutenant is assigned to a task force, special enforcement, or event funded by the State, Federal government or private entity, and overtime worked under that program or event is paid and reimbursable at a rate of time -and-one- half, the City will pay the Police Lieutenant at that rate. The time -and-one-half rate is not applicable unless the outside contract allows for time-and-one-half and the City is reimbursed fully for that cost.

SECTION 4. PAYMENT UPON TERMINATION OF EMPLOYMENT . Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination at the employee’s Gross rate of pay.
443

6 SECTION 5. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.

Accumulated compensatory time off may be taken by an employee upon reasonable notice and prior approval of the Police Chief or a duly authorized designee.

Accumulated compensatory time off shall be taken off by an employee when directed by the Police Chief; provided, however, that the Police Chief shall give fourteen (14) days prior notice to the date accumulated compensatory time off is to be taken. Compensatory time off upon direction of the Police Chief shall be not less than ten (10) hours.

In directing an employee to take accumulated compensatory time off, the Police Chief will, as far as practicable, attempt to accommodate employee convenience to the degree possible considering the operational requirements of the Police Department.

SECTION 6. CALL BACK COMPENSATION. If employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location, or when on a regular day off or any other day when they are not regularly scheduled to work, they shall be compensated in cash or in compensatory time off for actual hours of work with a minimum of three (3) hours call back compensation, regardless of whethe r the employee works less than three (3) hours. Compensation shall be at one and one-half (1.5) the Gross rate of pay. Entitlement to call back compensation shall provide that an employee who is called back shall be regarded as having commenced actual hours of work thirty (30) minutes prior to arriving at the designated work location.

This provision shall not apply to employees who are continuing on to a regularly scheduled shift immediately after the call back, provided that the regularly scheduled hours of work may not be adjusted within forty-eight (48) hours prior to the time they are scheduled to commence without the consent of the employee.

This Article shall also apply when an employee has been required to appear in court while off duty.

SECTION 7. APPLICATION OF OVERTIME COMPENSATION. Overtime Compensation shall apply only to the classifications of Police Sergeant, Police Records Manager , and Police Communications Manager covered herein, when duly authorized in advance by the Police Chief or a duly authorized designee.

SECTION 8. DEFINITION. Overtime work is defined as that authorized time worked in excess of the regular workday and/or work week, except that work amounting to less than fifteen (15) minutes in excess of an employee's regular workday shall not be considered overtime for any purpose.

SECTION 9. OVERTIME COMPENSATION. Overtime work shall be paid at one and one-half times the employee’s Gross rate of pay. Only time actually worked shall count in the computation of overtime, except that time off due to excused absence for holidays, accumulated compensatory time off (CTO), vacation and sick leave shall be counted toward the computation of overtime.

Travel time to and from activities designated under this Article does not qualify for overtime. 444

7 SECTION 10. PRE-BRIEFING COMPENSATION. Police Sergeants, regularly assigned to the Field Services Division – Patrol, shall be eligible to receive c ompensation for two and one-half (2.5) hours of pay for time spent on pre -shift duties. Compensation shall be at one and one-half (1.5) the Gross rate of pay, per pay period.

SECTION 11. All earned overtime compensation for employees described in this Article may be credited to CTO or paid in cash at the employee's option. Payment shall be made at the pay period following the exercise of the option. All CTO may be accumulated up to a maximum of eighty (80) hours. All accumulated CTO accrued in excess of eighty (80) hours at year -end shall automatically be paid on the first pay period of the new calendar year.

SECTION 12. Employees shall be entitled to receive payment for accumulated CTO upon their termination at the employee’s Gross rate of pay.

SECTION 13. Overtime work shall not apply to the earning of employee benefits such as retirement, holidays, vacation accrual, sick leave accrual, employee insurance benefits or toward the completion of a probationary period or to progression within a salary rate range.

SECTION 14. Police Sergeant, Police Records Manager, and Police Communications Manager covered by this Agreement shall be entitled to receive premium compensation for attendance at duly authorized department and/or division staff meetings for all required hours of attendance at such meetings during "off duty" hours , with a minimum of three (3) hours at one and one -half times their Gross rate of pay.

SECTION 15. Whenever two (2) or more premium compensation rates or overtime rates may appear to be applicable to the same hour or hours worked by the employees described in this Article, there shall be no pyramiding or adding together of such premium or overtime rates , and only the higher applicable rate shall apply.

SECTION 16. In the event of circumstances beyond the City's control, such as acts of God, fire, flood, insurrection, riot, national emergency or other similar circumstances, employees covered hereunder shall be entitled to only a straight time rate for non-FLSA overtime worked under such circumstances, i.e., time for which premium o vertime compensation is not mandated by the Fair Labor Standards Act (FLSA). The Governor or his designee must declare a state of emergency for this section to apply.

SECTION 17. ADMINISTRATIVE LEA VE. Notwithstanding Articles VI, VII, and the above sections in Article VIII, employees classified as Police Captain or Police Lieutenant shall be provided no overtime compensation except as follows:

Each January 1 st, regular full -time employees classified as Police Capt ain or Police Lieutenant shall be provided with eighty (80) hours of paid administrative leave.

Employees promoted after January 1st shall receive a prorated portion of the administrative leave during their first calendar year in their promoted position; Administrative leave shall be charged at the rate of ten (10) hours for each day an employee is absent; in any instance involving us e of a fraction of a day's administrative leave, the minimum charge to the employee's administrative leave account shall be one -quarter (¼) 445

8 hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour;
Usage of administrative leave shall be at the convenience of the City with the approval of the Police Chief;
Administrative leave shall be used in the calendar year in which it accrues; Unused administrative leave at the end of the calendar year shall be deposited in the employee’s Retirement Health Savings Plan account.

ARTICLE VII

COURT TIME
The parties agree to incorporate by reference existing departmental policies and written procedures covering the subject of court time.

“STANDBY” OR “ON -CALL”. Whenever an employee has been placed on “standby” or an “on-call” status while off-duty, including for telephonic testimony, in response to a subpoena relating to activities arising out of the course and scope of employment, the employee shall receive three hours compensation at the employee’s Net rate of pay in cash payment or CTO (at the straight time rate). This provision shall be applicable regardless of the actual duration of being “on-call” and/or shift start time.
“On-Call” Compensation:
“On-call” is for three (3) hours, regardless of the actual duration of being “on-call” for each morning session (0800-1230) and an additional three (3) hours for each afternoon session (1230-1700).

B. If an employee is notified that the “on -call” status has been trailed, modified, or canceled by 1700 hours the day prior to the “on-call” day, no compensation is authorized.

C. Employees called to court while “on -call” during morning/afternoon hours will receive overtime for the actual hours worked plus thirty (30) minutes travel time or three (3) hours, whichever is greater.

D. If overtime is paid, then standby pay is not compensated.

E. In the event an employee has multiple “on -call” subpoenas, during the same “on -call” session, only one (1) “on-call” subpoena OR one (1) overtime will be compensated. This will include an employee already in court or assigned to an overtime assignment.

F. Employees called to court in the afternoon, while “on -call” in the morning, will receive “on-call” compensation for the morning and overtime for the actual time worked, plus thirty (30) minutes travel time or three (3) hours, whichever is greater in the afternoon. 446

9 G. If an employee is required to return to the court after a court authorized break and/or the court designated lunch period, the employee will be compensated at the employee’s Gross rate for the break and/or court designated lunch period. This section will only apply to the same subpoena.

H. In the event an employee is excused from court and subject to recall, a new subpoena will need to be issued to be eligible for any compensation.

SECTION 3. COURT APPEARANCES WHILE OFF-DUTY: Employees required to appear before the court during "off duty" hours shall receive compensation for the duration of the court appearance plus thirty ( 30) minutes of travel, or three ( 3) hours, whichever is greater. Court appearance time shall be paid at the one and one-half (1.5) times the Gross rate, or taken as CTO, at the employee’s option.

ARTICLE VIII

SPECIAL ASSIGNMENT PAYS

Special Weapons and Tactics ( SWAT) Team. Police Lieutenants and Police Sergeants assigned to the SWAT team shall receive an additional $200.00 per month in addition to their regular salary, for the duration of this assignment. An assignment to the SWAT team is not considered permanent and said a ssignment to or removal from this unit is solely based upon the discretion of the Police Chief or a duly authorized designee. It is understood that the department does not need cause or grounds for the removal of any employee from the SWAT team. Such removal is not considered to be a punitive action, and is not subject to appeal. This compensation is not pension reportable pursuant to CalPERS Regulations.

Special Assignment.
1) Merit Increases. A Police Sergeant or Police Lieutenant will become eligible for a merit increase of one (1) salary step upon selection into a special assignment from a patrol position, unless the employee is already compensated at Step H of the salary range prior to selection. Said employee paid less than Step H after the merit increase is provided due to selection to a special assignment will then become eligible for a subsequent merit increase(s) after one (1) year from the date the merit increase was provided at selection to the special assignment.
2) Return to Patrol . If at any time an employee returns to patrol from a special assignment, the employee will continue to receive the salary rate they earned when serving in their special assignment.
3) Probationary Period. There is no probationary period required in a special assignment and no permanency or seniority may be obtained in a special assignment. 447

10 4) All special assignments to positions set forth in this section shall be made or revoked at the discretion of the Police Chief.
5) In addition to any merit step increase, above, Police Sergeants and Police Lieutenants who are assigned to oversee a special division shall receive a three percent (3 .0%) premium based upon the employee’s base salary. This form of pay, also referred to as “Lead Worker/Supervisor Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 2. BILINGUAL PREMIUM . Bilingual premiums will be designated by the Police Chief based upon demonstrated need and frequency of use. Such employees on bilingual assignment, shall receive an additional $300.00 per month. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is there fore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New M embers pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 3. SHIFT DIFFERENTIAL. All employees who are either (1) assigned to shifts that start between 1200 hours (12:00 p.m.) and 0600 hours (6:00 a.m.), or (2) any employee subject to periodic shift rotation shall receive a three percent (3.0%) premium based upon the employee's base salary. Shift assignments shall be made or revoked at the discretion of the Police Chief. “Shift Differential," shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic M embers p ursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 4. LONGEVITY. Employees shall be eligible to receive a monthly Longevity pay according to the chart below:

Effective Dates
15 Years
of
Service
20 Years
of
Service
25 Years
of
Service
June 18, 2023 $250.00 $500.00 $1,250.00

For purposes of this benefit, Years of Servic e is defined as follows: (1) for all ( non-sworn and sworn) members, all years of full -time service with the City of Orange , and ; (2) for sworn members, years of service as a full -time paid sworn law enforcement officer. For years of sworn service other than the City of Orange, employee shall provide City with proof of eligible service.

The Police Chief and Human Resources Director shall have fin al approval of service eligibility.

Employee shall be responsible for notifying the department of their eligibility for longevity pay at each tier. The effective date is then applied to the following pay period.

This form of pay, also referred to as "Longevity Pay", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS 448

11 Regulations, Section 571(a)(1), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(1).

ARTICLE IX

EDUCATIONAL INCENTIVE AND REIMBURSEMENT
Sworn Peace Officers shall be eligible to receive Educational Incentive pay according to the chart below. Employees who qualify for this pay shall be compensated the following monthly amounts beginning on the first day of the next pay period following qualification. It is the Sworn Peace Officer’s responsibility to make application with Police Administration for this pay as soon as they qualify to be compensated accordingly. Failure to make timely application will reduce or delay receipt of any payment.

REQUIREMENTS COMPENSATION
Bachelor's Degree $550.00
Master's Degree in area related to Law Enforcement, Public Administration, or Management from an accredited university as approved by the City Manager or a duly authorized designee $800.00
Police Sergeants promoted on or after July 1, 2008 from the COPA Base unit and hired prior to November 10, 2020 who do not possess a Bachelor's or Master's degree, will receive the following per month for Educational Incentive pay, irrespective of what was received in their previous MOU:

REQUIREMENTS COMPENSATION
60-89 Units $100.00
90 plus Units $120.00

This form of pay, also referred to as “Educational Incentive” shall be repo rted to CalPERS as special compensation, and is therefore, compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), an d pensionable compensation for New M embers pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 2. POST CERTIFICATION PAY. Sworn Peace Officers shall be eligible to receive Peace Officer Standard Training (POST) Certification pay according to the chart below.

Employees who qualify for this pay shall be compensated the following monthly amounts beginning on the first day of the next pay period following qualification. It is the Sworn Peace Officer's responsibility to make application with Police Administration for this pay as soon as they qualify to be compensated accordingly. Failure to make timely application will reduce or delay receipt of any payment.

REQUIREMENTS COMPENSATION
POST Intermediate Certificate $100.00
POST Advanced Certificate $150.00
449

12 This form of pay, also referred to as “Peace Officer Standard Training (POST) Certificate Pay” shall be reported to CalPERS as special compensation, and is therefore, compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 3. EDUCATIONAL REIMBURSEMENT. The City will reimburse employees for the cost of tuition, textbooks, registration, health fees, and parking fees required for approved community college and college courses. Educational reimbursement payments to an employee shall not exceed $1,500.00 in any one fiscal year and the employee must still be employed by the City when the course is completed. Reimbursement will be provided for courses that are taken to satisfy requirements for attaining a degree, which is m anagement-related. In addition, approved courses are those designated to directly improve the knowledge of the employee relative to the specific job, or a course that fulfills the requirements towards attainment of a degree in a job- related field, and must be approved by the Police Chief and the Human Resources Director prior to registration. Reimbursement will be provided only upon receipt of a grade of C or better , or when a course is taken as credit/no credit, a final grade of credit is received.

ARTICLE X

UNIFORM ALLOWANCE
The City will purchase uniforms for all uniformed members of the Police Department. Uniform allowance and/or the monetary value of required clothing shall be reported to CalPERS for sworn personnel in the amount of $477.00 annually and for non-sworn personnel shall be $238.00 annually. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5) . However, this form of pay is not pensionable compensation for New Members hired after January 1, 2013 pursuant to PEPRA.

Safety equipment as designated by the Police Chief and/or required by law will be provided by the City.

All uniforms and/or safety equipment purchased by the City shall remain the property of the City.

ARTICLE XI

HOLIDAYS
SECTION 1.

All employees in this unit work without regard to holidays.

Effective each January 1st, employees shall receive one hundred ten (110) hours of holiday accrual to be taken as time off or converted to cash. Unused holiday leave may be cashed out at any time, upon request of the employee. Accruals not used or converted to cash 450

13 within the twelve (12) month period between January 1 st and December 31 st shall automatically be paid in the final pay period in December.

As set forth in this MOU, the terms 'holiday pay' or 'holiday pay' in lieu of time off’ shall be paid at the employee’s Net rate of pay. Holiday pay shall be reported to CalPERS as compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(4).

Employees assigned to classifications covered by this MOU after January 1st shall receive prorated holiday accruals, one -twelfth (1/12) of their holiday accrual for each month remaining in the twelve (12) month period between January 1st and December 31st.

E. Employees required to work on the below listed holidays (#1-11) shall receive double pay or double CTO for hours worked on the holiday in excess of the employee’s scheduled shift. Employees shall receive no other compensation for working on a holiday. 1) January 1st (New Year's Day)
2) Third Monday in February (Presidents’ Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) December 24th (Christmas Eve)
10) December 25th (Christmas Day)
11) December 31st (New Year’s Eve)

ARTICLE XII

V ACATION
All full-time regular employees accrue paid vacation leave as follows:

Year(s) of Service Vacation Hours Per
Year
Bi-Weekly Accrual
1 92.00 3.54
2 102.00 3.92
3 112.00 4.31
4 122.00 4.69
5 132.00 5.08
After completion of the fifth (5 th) year of continuous service, all full -time regular employees described herein shall accrue an additional four (4) hours of vacation per year (0.15 hours biweekly) up to a maximum of 232 hours of vacation after thirty (30) years of continuous 451

14 employment with the City. Beginning the 31 st year of service, employees shall receive 252 hours of vacation annually.

Vacation shall be taken at the convenience of the City with the approval of the Police Chief or a duly authorized designee and, where possible, such vacation should be taken annually. Vacation hours in excess of hours earned in the immediately preceding twenty-four (24) month period may be accumulated with the permission of the Police Chief and the Human Resources Director. Employees shall cease accruing vacation hours once their accrual has reached the accrual limit. The accrual limit shall be defined as t he equivalent number of hours earned in the immediately preceding twenty-four (24) month period. Accrual of vacation will initiate again once the accumulated vacation hours fall below the accrual limit.

SECTION 3. VACATION CONVERSION. An employee may convert up to fifty percent (50%) of current annual vacation accrual into cash in lieu of time off with pay , at the employee’s Net rate. An employee requesting such a conversion may so convert twice in a fiscal year, h owever, the total amount converted per fiscal year shall not exceed fifty percent (50%) of the employee’s annual accrual. Employees serving their initial hire probationary period shall not be eligible for vacation conversion.

SECTION 4. Employees who terminate their employment with the City shall be paid for all accrued vacation including a pro -rated portion of any partial final pay period , if any, at the employee’s Net rate of pay.

ARTICLE XIII

PROBATIONARY PERIOD
An employee initially appointed or rehired as defined in Section 4 below, to a classification shall serve a probationary period during which the employee shall have an opportunity to demonstrate suitability for the job. For all employees herein, the initial probationary period shall be twenty -six (26) pay periods. An employee who has been promoted to a higher classification shall be on probation for twenty-six (26) pay periods. Under certain conditions, with the approval of the Human Resources Director and the Police Chief, the probationary period may be shortened or extended. The employee shall attain regular status in the class ification upon successful completion of the probationary period.

SECTION 2. Probationary employees are not eligible to compete for a closed/promotional recruitment process.

Any initial hire probationary employee shall be entitled to appeal termination , in accordance with the Grievance Procedure set forth in this MOU. Any employee on promotional probation shall be entitled to appeal a probationary demotion in accordance with the Grievance Procedure set forth in this MOU.

Any employee who leaves City employment and is subsequently re -hired must serve a new probationary period as provided under Section 1. 452

15 ARTICLE XIV

OTHER LEA VES OF ABSENCE
SECTION 1. LEA VE WITHOUT PAY.

A. After all available leave benefits have been completely used, a regular employee not under suspension may make application for leave without pay.

B. If the Police Chief and Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other leave benefits. No employment benefits shall accrue to any employee on leave of absence without pay.

C. At the end of such leave, if the employee desires additional leave, written application must be made to the Human Resources Director, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant. I f in the Human Resources Director's opinion such additional leave is merited, and would still preserve the best interests of the City, the employee may approve same for a period not to exceed an additional six (6) months. If the employee does not ret urn to work before or at the end of the leave of absence or any extension thereof, the employee shall be terminated.

D. An employee on a leave of absence must give the City at least seven (7) days' written notice of the intent to return to work. During a leave without pay in excess of five (5) working days, no seniority shall be accumulated. Such leave shall be granted on the same basis for pregnancy, childbirth and other medically related conditions, except that such an employee shall retain her seniority rights.

E. Any employee who engages in outside employment during said leave of absence without permission of the Police Chief or a duly authorized designee may be subject to termination.

Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence.

F. Notwithstanding Subsection A, a regular employee not under suspension may make application to the Police Chief or a designee for Leave Without Pay for injury or illness not determined to be compensable under the applicable w orkers' compensation laws. The employee need not exhaust all their accrued leave accounts, but must use all available sick leave up to a maximum of thirty (30) calendar days prior to Leave Without Pay being granted.

G. An employee will have the option to use all or part of the remaining available sick leave and, with approval of the Police Chief or designee, vacation and/or CTO prior to taking Leave Without Pay for the purpose set forth in Subsection F.

SECTION 2. CIVIC DUTY
A. Jury Duty. When required to serve on a jury, all employees shall have time off for a period of actual service required on the jury. Employees shall receive their regular pay while 453

16 serving on jury duty, provided all jury fees paid to the individual employee are turned over to the City , with the exception of automobile expenses allowed . Once an employee has completed jury service, the employee must provide the Certificate of Jury Service to the immediate supervisor to qualify for jury duty compensation.

B. Witness Service. If an employee is called as a law enforcement witness, the employee shall receive normal pay upon the payment of any witness fees that accrue to the employee for a witness services.

SECTION 3. MILITARY LEA VE OF ABSENCE. If an employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the provisions of Federal and State laws including U niform Services Employment and Re-employment Rights Act (USERRA) and the California Military and Veterans Code. Employees must provide a copy of their military orders , and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for military leave o f absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director.

SECTION 4. SICK LEA VE. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:

A. Employees shall accrue eight (8) hours of sick leave for each month of continuous service.

B. All non-benefitted employees shall receive sick leave as required by State Law.

C. Employees will be charged sick leave for all hours scheduled for each day an employee is absent in accordance with Subsection D below.

D. Any employee eligible for sick leave with pay may use such leave for the following reasons:

1. Medical and dental office appointments during work hours when authorized by the Police Chief or a duly authorized designee; and/or

2. Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth and other medically related conditions; and/or

3. Forty-eight (48) hours per calendar year (non -cumulative) may be used for an absence caused by medical appointments, illness or injury of any employee's immediate family. "Immediate family" as used in this subsection is limited to any relation by blood, marriage, or adoption, who is a member of the employee's household, and any parent, substitute parent, parent -in-law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, or “designated person” pursuant to AB 1041, regardless of residence.

4. For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a). 454

17 Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying the request for leave of absence.

Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family. In any instance involving use of a fraction of a day's sick leave, the min imum charged to the employee's sick leave account shall be one- quarter (¼) hour, while additional actual absence of over one -half (½) hour shall be charged to the nearest one -quarter (¼) hour. The Police Chief shall be responsible fo r control of employee abuse of the sick leave privilege. Employees may upon prior notice be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness.

Sick Leave Payout Program. Sick Leave payouts shall be paid at the employee’s Net rate of pay and be paid off according to the following programs:
1) Sick leave shall have no maximum accrual amount, and shall be paid at the Net rate of pay. Hours in excess of 352 shall not be eligible for any of the following payout programs:
a) Employees with sick leave balance of less than 352 hours, shall fall u nder the following payout provision:

Employees who use less than three (3) days (30 hours) of sick leave during the current calendar year period shall be eligible to cash out, or credit to their accumulated vacation, sixteen (16) hours of their accumulated sick leave.

Sixteen (16) hours will be deducted from their accumulated sick leave bank.

Effective each December, for the following calendar accruals, an employee who wishes to avail themselves of the right to convert unused sick leave to cash must complete a form with the City indicating t heir irrevocable designation to do so.

This form need not be completed if the employee elects to convert to vacation leave. However, no hours will be converted to vacation if said conversion places the employee's vacation bank over the maximum allowable accrual. Conversion of sick leave to vacation shall occur in the first pay period of January based upon sick leave usage durin g the previous calendar year. If no designation form is filed, the hours will automatically re main in the employee's sick leave accumulation account. Sick leave payouts in cash shall occur in the last pay period in December each year.
b) Employees with sick leave balances of 352 hours or more, shall fall under the following payout provisions:

A full-time employee may convert unused sick leave from the calendar year (maximum 96 hours) to cash or accumulated vacation at a rate of fifty percent (50%) of their current pay rate. For example, an employee who uses no sick leave during the calendar year may forfeit that ninety -six (96) hours of accumulated sick leave in exchange for forty-eight (48) hours of pay or 455

18 accumulated vacation . Effective each December, for the following calendar accruals, an employee who wishes to avail themselves of the right to convert unused sick leave to cash must complete a form with the City indicating their irrevocable designation to do so. This form need not be completed if the employee elects to convert to vacation leave. However, no hours will be converted to vacation if said conversion places the employee's vacation bank over the maximum allowable accrual. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account. Sick leave payouts in cash shall occur in the last pay period in December each year.
c) Upon service retirement or industrial disability retirement from employment with the City and entering CalPERS as a retired annuitant, an employee with 20 years of service and 1,000 or more sick leave hours shall receive 60% sick leave conversion into the employee’s Retirement Health Savings Plan (RHSP) with no hours cap. Employees with 25 years of service and 1,000 or more sick leave hours shall receive 70% sick leave conversion into the employee’s RHSP with no hours cap. Years of service shall be defined in the same manner as Longevity within Article VIII, Section 4 . Employees with fewer than 1,000 hours of sick leave shall receive pay for fifty percent (50%) of all unused sick leave hours at the employee’s Net rate up to 352 hours.
d) Upon separation of employment from the City for any reason other than retirement as noted in the preceding paragraph, an employee shall receive no pay for the first 100 hours (0 to 100 hours) of accrued sick leave, but shall receive twenty-five percent (25%) pay for up to the next 100 hours, (101 to 200 hours) of accrued sick leave and fifty percent (50%) pay of any remaining accrued sick leave up to 152 hours (201 to 352 hours ). Payment shall be at the employee’s Net rate.
e) Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits up to 352 hours shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee. Payment shall be at the employee’s Net rate.

SECTION 5. BEREA VEMENT LEA VE. Paid bereavement leave is provided for the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as defined for the purposes of this Section shall be limited to: (1) Any relation by blood, marriage or adoption, who is a member of the employee's household (living at the same address); or (2) Any parent, substitute parent, parent -in-law, grand parent, aunt, uncle, spouse, child, brother, sister, domestic partner, the employee's, spouse’s or domestic partner's child, grandchild, parent, substitute parent, grandparent, sibling, aunt, or uncle of the employee, regardless of residence. Regular full-time employees shall be entitled to take up to three (3) days of paid City bereavement leave per incident. An additional two (2) days of leave may be taken from existing leave accruals, for a maximum of five (5) days total per incident . An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons as soon as 456

19 possible. Failure to inform an immediate supervisor, within a reasonable period of time, may be cause for denial of leave with pay for the period of absence. The City may require proof of the relationship as a condition of payment of bereavement leave.

SECTION 6. WORKERS' COMPENSATION. Workers' Compensation benefits will be provided as follows:

Safety Personnel: Salary continuance for safety personnel covered by Labor Code Section 4850 will be provided in accordance with current laws and regulations.

Non-Sworn Personnel: Upon acceptance of a work -related injury or illness claim, non- sworn employees shall be granted temporary disability leave in accordance with the current State laws and regulations. For up to 365 days if a City employee is entitled to receive temporary disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first thirty (30) days starting from the date of injury. The employee will then receive eighty percent (80%) of salary for up to an additional 335 calendar days.

Temporary disability leave in excess of 365 days will be provided subject to current State regulations and the regular temporary disability Workers' Compensation rate will apply.

Modified Light Duty Work Programs . An employee may be eligible for a temporary modified light duty assignment while recovering from an injury or illness. The availability of the assignment depends on the restrictive nature of the injury or illness and the availability of light duty. This assignment is subject to approval of the Human Resources Director and Police Chief.

Course of Employment . Should it be determined by the employee's doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers’ Compensation Appeals Board that an employee's illness or injury did not arise in the course of the employee's employ ment with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the employee's accrued, or if insufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to above.

Physician Pre-Designation. Before a work -related injury, an employee may elect to pre - designate a qualified medical provider if done in accordance with the State of California’s Division of Workers' Compensation. Pre -designation regulations include , but are not limited to the following criteria:

1. The physician has a previous history of directing the medical treatment of the employee;

2. The physician retains the medical records and history of the employee, and;

3. The physician agrees to treat work -related injuries or illnesses in accordance with the regulations.
457

20 Fringe Benefits. The City will continue to provide vacation, sick leave, insurance, and other fringe benefits for employees who are receiving benefits pursuant to Labor Code section 4850 or for an accepted workers' compensation claim. Any fringe benefits not paid by the City pending the determination of whether an injury/illness is job-related shall be paid retroactively if the injury/illness is subsequently determined to be job-related. In such instances the employee shall be reimbursed for any benefit or premium payments made by the employee prior to the job-related determination being finalized.

Industrial Disability Retirement . An employee granted an industrial disability retirement shall be entitled to participate in the Sick Leave Payout Program set forth in Section 4G(1)(c) of this Article.

Outside Employment . Any employee who engages in outside employment during said leave of absence without the permission of the Police Chief or a duly authorized designee may be subject to termination. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying the request for leave of absence.

ARTICLE XV

LAYOFF PROCEDURES
SECTION 1. PURPOSE . The purpose of this article is to establish and communicate the City's procedures when a layoff or reduction in force is necessary. All Divisions or assignments within the Department are subject to layoffs or reductions in force at the direction of the City Manager.

SECTION 2. POLICY. The City retains the right to eliminate any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity of a position no longer exists.

SECTION 3. PROCEDURE.

The order of layoff or reduction in force within the Department and by classification shall be in the following order:
1) Probationary employees;
2) Regular full-time employees.

The order of layoffs and reductions in force shall be based on seniority within the classification, then Department seniority, as calculated by the Human Resources Director.

Whenever an employee is to be laid off, the employee may transfer or demote to a vacant position in a lower classification that the employee previously held within the Police Department. The employee may also transfer or demote to a vacant position in any other Department provided that:

458

21 1) The position is the same or lower classification; 2) The position is authorized, budgeted, and the City intends to fill the vacancy; 3) The employee meets the qualifications of the new position.

Whenever an employee is to be laid off, the employee may transfer or demote to a filled position in a lower classification within the Police Department provided that they:
1) Previously held or supervised a position in the lower classification; 2) Meets, or can reasonably meet , the qualifications for the new position as determined by the Human Resources Director;
3) Possesses greater seniority with the Police Department to displace an employee in the lower classification;
4) Requests the demotion in writing within seven (7) calendar days of receiving the layoff notice;
5) Such demotions or transfers shall be from classification to classification without regard for previously held special assignments. Employees have no right to assume a previously held special assignment;
6) Management employees who demote or transfer to a lower classification may not displace another employee in a special assignment unless that employee is laid off due to the order of layoff as established per Section 3A; 7) Management employees demoted or transferred to a lower classification as a result of layoff or reduction in force shall be re-appointed to vacancies in the previously held higher classification based upon the employee's seniority as calculated in Section 3B.

Employees from other departments may not fill vacancies in the Police Department unless all qualified Police employees have refused to accept the vacant position. Employees from other departments may not displace Police employees.

Employees to be laid off shall be provided written notice at least seven (7) calendar days in advance of the layoff. Notice will be hand delivered to the employee whenever possible.

If personal delivery is not possible, the notice must be sent by certified mail to the last known address of the employee.

Regular employees who are laid off shall be placed on a re -employment list for the last classification held. Names shall be placed on the list in inverse order of seniority (last released-first re-hired). Vacancies to be filled will be offered first to employees on the re- hire list.
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22 Other hiring departments will give priority consideration to those employees who appear on a re-hire list for the same or similar classification. If eligible employees are not selected for re -hire, the reason for non -selection must be approved by the Human Resources Director.

Employees re -hired by the Police Department must first meet all State and Local requirements for the position. Such requirements include, but are not limited to: POST certification, background investigation, psychological evaluation, and medical clearance.

Names of qualified individuals shall remain on the re-hire list for two (2) years. Individuals who refuse to accept a re -hire or who do not respond within seven (7) calendar days to a written notice that has been sent to their last known address shall be removed from the re- hire list. It is the employee's responsibility to provide the Human Resources Department with a current mailing address. Once re -hired, the employee will be removed from all re - hire lists.

ARTICLE XVI

HEALTH BENEFITS
SECTION 1. HEALTH INSURANCE . The City shall contract with the California Public Employees’ Retirement System (CalPERS) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA).

Flexible Benefits Plan . The City shall provide a Section 125 Flexible Benefits Plan for active full-time employees and pay the following monthly amounts to provide funds for optional health plans, dental plans, vision plans, health care reimbursement, dependent care, or cash as e stablished by the Internal Revenue Service. The following amounts include the minimum amount required under PEMHCA, which is $ 151.00 ($157.00 for 2024) per month . This contribution shall be adjusted annually each January 1 st to the amount set by the CalPERS Board of Administration.

Effective Date
Monthly
Contribution
January 1, 2023 $1,955.00
January 1, 2024 $2,005.00
January 1, 2025 $2,055.00
January 1, 2026 $2,105.00
Any excess amounts designated in Section l A necessary to maintain benefits under any plans selected by the employee shall be borne by the employee.

Waiver. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse’s employer’s plan) that 460

23 is compliant with the Affordable Care Act (ACA), as determined by the Human Resources Director. Based upon determination that group medical insurance coverage is in full force and effect, eligible employees through June 17, 2023 shall receive the monthly contribution of $1,955.00. Effective June 18, 2023, the cash in lieu medical waiver amount of $500.00 per month will remain fixed indefinitely. In the case of future promotional hires from City of Orange Police Association (COPA) to Association, the waiver amount will be $500.00 per month, irrespective of the waiver amount that COPA employees are receiving under their said MOU. In the event that the employee loses eligibility (with documentation), then the employee shall enroll in the CalPERS Health Benefits Plan pursuant to their rules and regulations. Failure to do so within sixty (60) calendar days shall result in the City seeking reimbursement of said contributions. Additionally, no employee of the City or their covered dependents may be simultaneously enrolled under two or more CalPERS health insurance plans at the same time.

Retired Annuitant Contribution. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS, to the extent required by law, a contribution of $ 151.00 ($157.00 for 2024) per month. This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.

The City shall continue to contribute toward medical insurance coverage for eligible dependents under the following conditions:

In the event an employee covered under this unit is killed in the line of duty, the City shall provide up to five (5) years of medical insurance for the amount of the premium only up to the amount specified in Section l A of this Article, or the benefit specified in Labor Code Section 4856 "Spousal Death Benefits," whichever is greater. Premium amounts in excess of the City's contribution shall be borne by the eligible dependent. Once a dependent becomes eligible for insurance coverage under another health plan, eligibility for coverage under this section shall cease. The Police Chief and the Human Resources Director shall determine whether the employee's death qualifies as "killed in the line of duty." In the event an employee covered under this unit dies for reasons other than the result of being killed in the line of duty, the City shall provide up to one (1) year of medical insurance for the amount of the premium only up to the amount specified in Section lA of this Article.

Premium amounts in excess of the City's contribution shall be borne by the eligible dependent. Once a dependent becomes eligible for insurance coverage under another health plan, eligibility for coverage under this section shall cease.

SECTION 3. LIFE INSURANCE. The City shall contribute the full premium towards a $75,000.00 life insurance benefit. The City shall have the right to change life insurance carriers and administer the life insurance benefits provided herein.

SECTION 4. RETIREE MEDICAL TRUST. On July 1, 2000, the Association established and created the "Premium Reimbursement Plan of the City of Orange Police Association Employee Benefit Trust." The plan was voted on and approved by a majority of the members of the Association. This Trust is gov erned by the Trust Agreement and Premium Reimbursement Plan 461

24 documents. The purpose of the Trust Fund is to provide an entity to which contributions from participating employees can be paid and through which the elected or appointed Trustees can create and administer one or more employee welfare benefit plans for th e participating employees on whose behalf the contributions have been paid and their beneficiaries. These benefits will be paid to the employees by the Trust as set forth in the Trust Agreement and Premium Reimbursement Plan.

Further, in accordance with Internal Revenue Code Section 501c and a majority vote of the Association membership, all employees shall contribute to the plan. The City does not contribute any funds to the plan but has agreed to withhold a pre-tax amount from each employee's paycheck, an amount which is set in accordance with the by -laws of the Benefit Trust. The City then pays these deductions to the Trust as soon as practical. This amount may change according to the rules and guidelines set forth in the Tru st Agreement and Reimbursement Plan. The responsibility for the maintenance and investment of the Trust funds rests solely with the Trust's Board of Trustees and the Association.

ARTICLE XVII

RETIREMENT
SECTION 1. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to, the following retirement benefits:

A. Safety Retirement Formula – New Members. Safety employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2.7% @ age 57 retirement formula as set forth in California Government Code Section 7522.25(d). These New Members are subject t o the three (3) year final compensation measurement period set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from t heir pensionable compensation, on a pre -tax basis, as set forth in California Government Code Section 7522.30(c). In all other respects, New Members shall be subject to the terms and requirements of Public Employees’ Pension Reform Act (PEPRA).

B. Safety Retirement Formula – Classic Members. Safety employees who are not defined as New Members as outlined in Section A above are defined as Classic Members of CalPERS and are subject to the 3% @ age 50 retirement formula as set forth in Section 21362.2 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period as set forth in California Government Code Section 20042. These Classic Members shall contribute twelve percent (12%) of their compensation earnable, on a pre-tax basis.

C. Miscellaneous Retirement Formula – New Members. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subject to the three (3) year final compensation measurement period as set forth in California Government 462

25 Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre- tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of PEPRA.

D. Miscellaneous Retirement Formula – Classic Members. Miscellaneous employees who not defined as New Members as outlined in Section C above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. Thes e Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute eight percent (8%) of their compensation earnable, on a pre-tax basis.

SECTION 2. Employee-paid CalPERS member contributions for all employees covered by this MOU shall be made pursuant to Section 414(h)(2) of the Internal Revenue Code, to enable the employee's taxable income to be reduced by the amount of the employee-paid contribution.

SECTION 3. CALPERS SURVIVOR BENEFIT. The City provides the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: In the event the employer portion exceeds $6.00 monthly, members shall pay any portion of the employer portion that exceeds $6.00 monthly.

SECTION 4. OTHER CALPERS OPTIONAL CONTRACT PROVISIONS.

BENEFIT BENEFIT
LEVEL

APPLICABLE GOVERNMENT

CODE SECTION(S)
Post-Retirement Survivor Allowance Standard 21624 and 21626 Military Service Credit as Public
Service
Standard 21024
Military Service Credit for Retired
Persons
Standard 21027
Cost-of-Living Adjustment (2%) Standard 21329

ARTICLE XVIII

SAFETY AND HEALTH FITNESS
The City and its employees agree to comply with all applicable Federal, State and Local laws as well as any City policies, which relate to health and safety. In addition, the City and the Association agree to actively pursue the continuation of safe working procedures and environments.
463

26 SECTION 2. HEALTH FITNESS STANDARD. In an effort to improve and maintain the physical and mental wellbeing of all sworn Police personnel, and to reduce the frequency and intensity of work-related injuries and illness, Police Management and the City agree to the following:

Smoking and Vaping.
1) As a condition of employment, all e mployees shall refrain from smoking and vaping on duty.
2) Employees are encouraged, but not required, to become non-smokers. Employees will be provided with information, training, and/or other assistance as necessary to assist in such effort.
3) Designated smoking/non-smoking areas will be established in Police Department buildings and facilities.

Drug and Alcohol Program. Police Management agrees to support the City-wide drug and alcohol program and will continue to enforce all City and inter -department policies regarding substance use.

ARTICLE XIX

TRA VEL EXPENSE ALLOWED
The City will provide reimbursement for employees who use a personal vehicle for City business, at the rate per mile provided under the current IRS guidelines.

ARTICLE XX

EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY
SECTION 1. ASSOCIATION DUES DEDUCTIONS. The City shall deduct Association dues and supplemental benefit payments from employee paychecks on a bi -weekly basis. The City shall process these deductions based on the information certified to be current by the Association. The total amount of deduction shall be remitted by the City to the Association within ten (10) calendar days of each applicable payday.

SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit, to the Association, moneys deducted from the employees pursuant to this Article.

SECTION 3. ASSOCIATION RELEASE TIME . Upon notice to the City, and approval of the Police Chief, or a duly authorized designee, the members of the Police Management Association unit shall be granted eighty (80) hours per calendar year of cumulative leave (not 80 hours per member) from work to attend to Association related training, seminars, or other lawful 464

27 association related business Release time shall not be unreasonably withheld. The designated unit members shall be responsible for notifying a supervisor when release time is taken. Any unused hours provided by the City shall be rolled over from one calendar year to the next, provided that the total shall not exceed 160 hours.

ARTICLE XXI

CITY MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include, but not be limited to, the following:

To manage the City generally and to determine issues of policy; To determine the existence or non -existence of facts which are the basis of the Management decision;
To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
To determine the nature, manner, means, and technology, and extent of services to be provided to the public;
To determine methods of financing;
To determine types of equipment or technology to be used; To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted; To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City; To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; To relieve employees from duties for lack of work or similar non-disciplinary reasons; To establish and modify productivity and performance programs and standards; To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions of procedures set forth in Departmental Disciplinary Procedure;
465

28 To determine job classifications and to reclassify employees and to determine the assignment of new classifications to the bargaining unit; To hire, transfer, promote, and demote employees for non -disciplinary reasons in accordance with this MOU;
To determine policies, procedures, and standards for selection, training, and promotion of employees;
To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith; To maintain order and efficiency in its facilities and operations; To establish, modify, and promulgate reasonable rules and regulations which are not in contravention with this MOU to maintain order and safety in the City; To take any and all necessary action to carry out the mission of the City in emergencies.

Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU.

ARTICLE XXII

NO STRIKE

PROHIBITED CONDUCT
The Association, its officers, agents, representatives, and/or members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick -out, or any other unlawful job action by withholding or refusing to perform services.

Any employee who participates in any conduct prohibited in Section 1 above shall be subject to termination by the City in accordance with the procedures set forth in applicable State laws and the Orange Police Department Policy Manual.

In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 4, Association Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employer-Employee Relations Resolution in this MOU, including but not limited to suspension of the Grievance Procedure and dues deduction. 466

29 ASSOCIATION RESPONSIBILITY
SECTION 4. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and return to work.

SECTION 5. The City agrees to hold the Association harmless and indemnify the Association against any claims, causes of actions, or lawsuits arising out of damages related to prohibited conduct in Section 1 above, Prohibited Conduct, when the Association, in good faith, performs its responsibilities under Section 4 above, Association Responsibility.

ARTICLE XXIII

GRIEV ANCE PROCEDURE
SECTION 1. DEFINITION OF GRIEV ANCE. A grievance shall be defined as a timely complaint by an employee or group of employees or the Association concerning the interpretation or application of specific provisions of this MOU, or of the Rules and Regulations governing personnel practices or working conditions of the City.

No employee shall suffer any reprisal because of filing or processing of a grievance or participating in the Grievance Procedure.

SECTION 2. BUSINESS DAYS . Business days mean calendar days, exclusive of Saturdays, Sundays, and legal holidays recognized by the City.

SECTION 3. TIME LIMIT FOR FILING WRITTEN FORMAL GRIEV ANCES. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving part y to comply with any of the time limits set forth hereunder shall constitute a waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth in this Article shall automatically move the grievan ce to the next level in the Grievance Procedure. The grieving party may request the assistance of the Association in presenting a grievance at any level of review or may represent himself. Grievances shall be presented on City time.

SECTION 4. INFORMAL PROCESS. An employee must first attempt to resolve the grievance on an informal basis by discussion with the immediate supervisor without undue delay, or in no case, more than five (5) business days from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance.

Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the Police Chief. In order that this informal procedure may be responsive, all parties involved shall 467

30 expedite this process. The grievant is to state the remedy requested for the resolution of the grievance.

When, within five (5) business days, a mutually acceptable solution has not been reached at the informal level, the employee shall submit the grievance in writing, on a Grievance form, to be mutually agreed to by the City and the Association, to the Police Chief. At this point, the grievance hearing process becomes formal. Should the grievant fail to file a written grievance within ten (10) business days, as outlined under this Section (Section 4), the grievance shall be barred and waived.

The written grievance shall include the remedy requested for resolution of the grievance.

SECTION 5. FORMAL PROCESS, HUMAN RESOURCES DIRECTOR, POLICE CHIEF . If the grievance is not resolved through the informal process, and a written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Police Chief. The Human Resources Director and the Police Chief shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within ten (10) business days after receiving the grievance.

SECTION 6. FORMAL PROCESS, CITY MANAGER. If the grievance is not resolved in Section 5 above, or if no answer has been received from the Human Resources Director and Police Chief within ten (10) business days from the presentation of the written grievance to the Human Resources Director and the Police Chief , the written grievance shall be presented to the City Manager, or a duly authorized designee, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or a duly authorized designee, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within ten (10) business days after receiving the grievance. After this procedure is exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law.

SECTION 7. In grievances filed to challenge the imposition of all discipline, the final step in the formal administrative process shall be a decision rendered by a Hearing Officer following a full and fair evidentiary hearing conducted by a Hearing Officer. If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the Public Employment Relations Board (PERB) a list of seven (7) qualified Hearing Officers. Each party shall alternatively strike one name from the list until only one person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis.

The Hearing Officer shall determine whether good cause exists for the imposition of discipline and, if so, the appropriate degree of discipline, provided that the Hearing Officer may not impose more severe discipline than that assessed by the Police Depart ment. The decision of the hearing officer is subject to the right of either party to seek judicial review pursuant to Section 1094.5 of the California Code of Civil Procedure. The cost of the Hearing Officer shall be paid by the City.

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31 ARTICLE XXIV

DIRECT DEPOSIT
City employees are required to participate in the City’s direct paycheck deposit program.

ARTICLE XXV

RESIDENCY REQUIREMENT
All personnel hired after June 25, 2023 by the Orange Police Department shall be a permanent and full-time resident of the State of California and reside no further than one hundred (100) road miles from Police Headquarters. This presumes that a substantial portion of that distance will be traveled at freeway speed and that personnel can report to Police Headquarters within ninety (90) minutes of the request for call back. Employees hired before June 25, 2023, with continuous City of Orange employment (with no break in service) are exempt.

ARTICLE XXVI

EFFECT OF MEMORANDUM OF UNDERSTANDING ON CONFLICTING

AGREEMENTS
It is the intent of the parties hereto that should any provision of this MOU conflict with any prior agreement, between the parties, oral or written, express or implied, relating to the subject matter hereof, the provisions of this MOU shall control. This MOU is not intended to conflict with Federal or State law.

ARTICLE XXVII

WAIVER OF BARGAINING DURING TERM OF MEMORANDUM OF

UNDERSTANDING
During the term of this MOU, the parties mutually agree that they will not seek to change, negotiate, or bargain with regard to wages, hours, benefits and terms and conditions of employment, whether or not covered by the MOU or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.

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32 ARTICLE XXVIII

EMERGENCY WAIVER
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of the MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency.

ARTICLE XXIX

LIMITED REOPENER
The City can reopen Article III (Salaries) and/or Article XII Section 3 (Vacation Conversion) of the MOU for negotiations during the 2023/2024 or 2024/2025 fiscal years through a limited reopener subject to the requirements set forth in this article. In o rder for the City to invoke this limited reopener:
1) There must be a fiscal year -over-year (from 2021/2022 to 2022/2023, or, from 2022/2023 to 2023/2024) decrease in net sales tax revenue received by the city greater than 10.0%, and; 2) The City must provide written notice of its request and intent to reopen MOU negotiations for this limited purpose to the Association during the following dates: December 15, 2023 through January 15, 2024, or, December 15, 2024 through January 15, 2025.

Upon receipt of such timely request, the parties agree to meet and confer in good faith on the article(s) requested for reopening. Any changes to the MOU arising out of this limited reopener shall be by mutual written agreement. It is the expressed intent of the parties that the language pertaining to this limited reopener is included in the current MOU only and expires June 30, 2026.

Any inclusion of a like or similar article in future MOUs will be subject to the meet and confer process.

ARTICLE XXX

MEMORANDUM OF UNDERSTANDING TERMS SEVERABLE
Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, or by enactment of Federal or State legislation, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. 470

33 ARTICLE XXXI

TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 1. The term of this MOU shall commence on July 1, 2023 and shall continue in full force and effect until June 30, 2026.

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34 ARTICLE XXXII

RATIFICATION AND EXECUTION
The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Orange and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution, which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this MOU shall not be in full force and effect until adopted by the City Council of the City of Orange.

Subject to the foregoing, th is MOU is hereby executed by the authorized representatives of the City and the Association and entered into this 12th Day of September 2023.

City of Orange City of Orange Police Management
Association

Dated: Dated:

By: By:

Monica Espinoza, Human Resources Director John Mancini, Board Member

By: By:

Cody Kleen, Human Resources Manager Scott Trausch, Board Member

By: By:

Robert Moya, Senior Administrative Analyst Ray Winick, Board Member

By: By:

Shelby Alley, Human Resources Analyst II Kurt Lawson, Board Member

APPROVED AS TO FORM:

By: ______________________________

Michael J. Vigliotta, City Attorney

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35 APPENDIX A

CITY OF ORANGE

POLICE MANAGEMENT ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE JUNE 19, 2022

4.0% Increase for Sworn Classifications

4.0% Increase for Non-Sworn Classifications

CLASSIFICATION

TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
STEP
G
STEP
H
Forensic Services
Supervisor 621PM 7895 8298 8720 9165 9633 10124 10478 N/A Police Captain 739C 14220 14947 15707 16510 17352 18236 18875 N/A Police Communications
Manager 615PM 7662 8054 8463 8895 9349 9825 10169 N/A
Police Lieutenant 699SL 11648 12244 12867 13523 14214 14937 15834 16467 Police Records Manager 614PM 7624 8014 8421 8851 9302 9776 10119 N/A Police Sergeant 657SL 9448 9930 10435 10968 11528 12114 12841 13291

EFFECTIVE JUNE 18, 2023

5.0% Increase for Sworn Classifications

3.0% Increase for Non-Sworn Classifications

CLASSIFICATION

TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
STEP
G
STEP
H
Police Captain 749C 14948 15712 16511 17354 18239 19169 19936 N/A Police Communications Mgr 621PM 7895 8298 8720 9165 9633 10124 10478 N/A Police Lieutenant 709SL 12244 12870 13525 14215 14941 15701 16643 17309 Police Records Manager 620PM 7856 8257 8676 9119 9585 10074 10426 N/A Police Sergeant 667SL 9930 10438 10969 11529 12117 12734 13498 14038

Note: Classification of Forensic Services Supervisor is eliminated pursuant to Resolution No. 11459.

473

36 APPENDIX A

CITY OF ORANGE (Continued)

POLICE MANAGEMENT ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE JUNE 30, 2024

5.0% Increase for Sworn Classifications

3.0% Increase for Non-Sworn Classifications

CLASSIFICATION

TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
STEP
G
STEP
H
Police Captain 759C 15712 16515 17355 18241 19172 20149 20955 N/A Police Communications Mgr 627PM 8134 8550 8985 9444 9925 10431 10796 N/A Police Lieutenant 719SL 12870 13529 14217 14942 15705 16504 17494 18194 Police Records Manager 626PM 8094 8508 8940 9397 9876 10379 10743 N/A Police Sergeant 677SL 10438 10972 11530 12118 12737 13385 14188 14756

EFFECTIVE JUNE 29, 2025

2.0% Increase for Sworn Classifications

3.0% Increase for Non-Sworn Classifications

CLASSIFICATION

TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
STEP
G
STEP
H
Police Captain 763C 16029 16848 17705 18609 19558 20555 21377 N/A Police Communications Mgr 633PM 8381 8810 9258 9731 10227 10748 11124 N/A Police Lieutenant 723SL 13130 13801 14503 15243 16021 16837 17847 18561 Police Records Manager 632PM 8340 8766 9212 9682 10176 10694 11069 N/A Police Sergeant 681SL 10648 11193 11762 12362 12994 13655 14474 15053

474
Agenda Item
City Council
Item #: 7.1. 9/12/2023 File #: 23-0568
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Recommendations for the name of the Pocket Park at Well 28.

2. SUMMARY
At its April 11, 2023, meeting, the City Council discussed parameters for naming the Pocket Park at the Well 28 site. Council directed staff to work with the Park Planning and Community Events Commission in collaboration with the Orange Barrio Historical Society to develop possible name recommendations and a visual tribute honoring the founding families and history of the Cypress Street Barrio.

3. RECOMMENDED ACTION
Provide direction to staff regarding the name of the future Pocket Park at Well 28.

4. FISCAL IMPACT
None.

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

Goal 5: Recognize, promote, and preserve Orange's rich heritage. c: Increase activities, programs, and projects including partnerships with organizations sharing interest in Orange's unique history.
d: Celebrate Orange's rich heritage.

6. DISCUSSION AND BACKGROUND
Well 28 is located at 225 W. Maple Street, in the Old Towne area of the City of Orange. In addition to constructing a well, the site will also include a public pocket park surrounding the perimeter of the well facility. The park location resides within the historical Cypress Street Barrio (Barrio), presenting an opportunity to recognize the historic significance of this site and the founding families of the Barrio through the name of the park and a visual tribute. At its April 11, 2023, City Council meeting, the City Council requested staff work with the Park Planning and Community Events Commission (Commission) in collaboration with the Orange Barrio Historical Society (OBHS) to develop name recommendations and a visual tribute honoring the founding families and history of the Barrio.

A subcommittee comprised of two Commissioners, OBHS members, and Community Services and Library staff, met to discuss these items; the subcommittee recommends the pocket park be named City of Orange Printed on 9/7/2023Page 1 of 2
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Item #: 7.1. 9/12/2023 File #: 23-0568
Library staff, met to discuss these items; the subcommittee recommends the pocket park be named ‘CypressHeritage Park’.The subcommittee selected this name to honor the resilient community of hard-working, Mexican American families that established the foundation of the Barrio. Other names brought forward during the process were Antepasado Park (2nd choice) and Jamaica Park (3rd choice) as well as a few family names (Garcia, Alonzo, and Romo). A visual tribute in the form of a plaque commemorating the heritage of the Cypress Street Barrio in English and Spanish will be installed.

The plaque will include a QR code taking park visitors to a website with more in- depth information and history, including a list of the founding families. The information on this website would be maintained by Orange Public Library/History Center staff and can be updated, added to, and refreshed at any time.

At this time, staff is requesting the City Council to provide direction regarding the recommended name of the future pocket park at Well 28.

7. ATTACHMENTS
· None.

City of Orange Printed on 9/7/2023Page 2 of 2
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476
Agenda Item
City Council
Item #: 7.1. 9/12/2023 File #: 23-0568
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Recommendations for the name of the Pocket Park at Well 28.

3. RECOMMENDED ACTION
Provide direction to staff regarding the name of the future Pocket Park at Well 28.

4. FISCAL IMPACT
None.

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

A subcommittee comprised of two Commissioners, OBHS members, and Community Services and Library staff, met to discuss these items; the subcommittee recommends the pocket park be named City of Orange Printed on 9/7/2023Page 1 of 2
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Item #: 7.1. 9/12/2023 File #: 23-0568
Library staff, met to discuss these items; the subcommittee recommends the pocket park be named ‘CypressHeritage Park’.The subcommittee selected this name to honor the resilient community of hard-working, Mexican American families that established the foundation of the Barrio. Other names brought forward during the process were Antepasado Park (2nd choice) and Jamaica Park (3rd choice) as well as a few family names (Garcia, Alonzo, and Romo). A visual tribute in the form of a plaque commemorating the heritage of the Cypress Street Barrio in English and Spanish will be installed.

At this time, staff is requesting the City Council to provide direction regarding the recommended name of the future pocket park at Well 28.

7. ATTACHMENTS
· None.

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478
Agenda Item
City Council
Item #: 7.2. 9/12/2023 File #: 23-0574
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Implementation of permit parking on both sides on Greengrove Street from Meats Avenue to the southern terminus and both sides of Del Mar Avenue from Cambridge to Greengrove Streets.

Resolution No. 11488.

2. SUMMARY
A request for permit parking was evaluated in accordance with the City’s Neighborhood Permit Parking Program. The proposal received adequate support from the affected property owners and was approved by the City Traffic Commission. The affected streets are located within Permit Parking Opportunity Area #5.

3. RECOMMENDED ACTION

1. Approve permit parking on both sides on Greengrove Street from Meats Avenue to the southern terminus and both sides of Del Mar Avenue from Cambridge to Greengrove Streets.

2. Adopt Resolution No. 11488. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.

4. FISCAL IMPACT
None. Implementing permit parking would require nominal staff time.

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
The City’s Neighborhood Permit Parking Program (NPPP) provides a mechanism for protecting residential streets from external parking overflow when certain criteria are satisfied. In order to streamline the permit parking application process in certain highly parked areas, the City Council established five Permit Parking Opportunity Areas (PPOA’s). PPOA’sare subject to different criteria and procedures. Specifically, the application fee and parking occupancy study typically required are waived, and the required neighborhood support level is reduced from 75% to 55%. Moreover, the PPOA’s were created with the expectation that an initial surge in permit parking requests would occur, as affected residents begin responding to long-standing parking concerns. The number of permit parking applications is expected to ultimately stabilize once permit parking is activated within City of Orange Printed on 9/7/2023Page 1 of 2
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Item #: 7.2. 9/12/2023 File #: 23-0574
the core areas of each PPOA.

After receiving a written request for permit parking from an eligible property owner, staff mailed petition packages to the affected property owners in March 2023. The polling process concluded at the end of April, the results of which indicate that 69% of the property owners are in favor of permit parking, 3% are opposed, and 28% did not respond. This level of support exceeds the 55% stipulated in the NPPP. Therefore, staff recommends permit parking.

The matter was presented to the City Traffic Commission (CTC) at their June 14, 2023, regular meeting, during which six residents spoke in favor (none opposed.) The CTC approved the request and forwarded to the City Council for final approval.

It should be noted that property owners of any other street(s) within this PPOA may request permit parking in the future by following the procedures described above. Furthermore, permit parking does not supersede other parking restrictions such as street sweeping. Participation is voluntary, however, once implemented any vehicle parked on the street without a permit is subject to citation.

7. ATTACHMENTS
· NPPP Policy, August 2022
· Resolution No. 11488
· Area Map
· June 14, 2023, CTC Staff Report
· June 14, 2023, CTC minutes
· Notification Letter
City of Orange Printed on 9/7/2023Page 2 of 2
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480
Agenda Item
City Council
Item #: 7.2. 9/12/2023 File #: 23-0574
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Implementation of permit parking on both sides on Greengrove Street from Meats Avenue to the southern terminus and both sides of Del Mar Avenue from Cambridge to Greengrove Streets.

Resolution No. 11488.

3. RECOMMENDED ACTION

1. Approve permit parking on both sides on Greengrove Street from Meats Avenue to the southern terminus and both sides of Del Mar Avenue from Cambridge to Greengrove Streets.

2. Adopt Resolution No. 11488. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.

4. FISCAL IMPACT
None. Implementing permit parking would require nominal staff time.

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
The City’s Neighborhood Permit Parking Program (NPPP) provides a mechanism for protecting residential streets from external parking overflow when certain criteria are satisfied. In order to streamline the permit parking application process in certain highly parked areas, the City Council established five Permit Parking Opportunity Areas (PPOA’s). PPOA’sare subject to different criteria and procedures. Specifically, the application fee and parking occupancy study typically required are waived, and the required neighborhood support level is reduced from 75% to 55%. Moreover, the PPOA’s were created with the expectation that an initial surge in permit parking requests would occur, as affected residents begin responding to long-standing parking concerns. The number of permit parking applications is expected to ultimately stabilize once permit parking is activated within City of Orange Printed on 9/7/2023Page 1 of 2
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Item #: 7.2. 9/12/2023 File #: 23-0574
the core areas of each PPOA.

NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
1 Note: The Neighborhood Parking Permit Policy below does not apply to area “A”

• The program to mitigate the int rusion of college -oriented, commercial, institutional, multi - family residential (more than two units) or other long -term vehicular parking on streets in residential areas to assure that local residents and their guests have convenient parking on streets in proximity to their homes shall be referred to as the Neighborhood Parking Permit Program.

• Permit Parking shall only be permitted in single-family residential areas, where the problem is ongoing, and it is determined that the permit parking is the only solution. Only single- family residences and duplexes (two units on one lot) are qualified for this program.

• The Traffic Engineering Division shall determine the boundaries of the permit area for each request.

• Since Permit Parking Areas benefit certain residents, and not the general public, a “Permit Parking Program Application Fee” $1,000 shall be paid by the proponent(s) of each new or additional permit area, for consideration of the implementation of permit parking. (This could also be implemented with a $500 deposit and an additional $500 when the petition is issued.) (Exception: If within one year of implementing a new permit parking area there is spillover onto adjacent streets(s), a property owner o n the affected street(s) may request expansion of that permit parking area. Such requests shall be exempt from the application fee but would need to meet the parking study and petition requirements.)

• The neighborhood parking permit areas that are adjacent to a K-12 school shall not be enforced during the school A.M. drop-off (from 7:30 am to 8:30 am) and P.M. pick-up time (from 1:30 pm to 3:00 pm) on days school is in session.

• Implement restricted hours for permit parking enforcement on an as-needed basis to address Recreational Intrusions and Business Intrusions. The intent of this policy change is to maximize the benefits of permit parking to t he applicant neighborhood while minimizing impacts to adjacent property use to balance parking need with quality of lifestyle.

o Institutional Intrusions (Universities, hospitals) shall remain 24/7/365.

o Recreational Intrusions (Parks, Schools and Sports Complexes) shall be enforced from 8:00 a.m. to 8:00 p.m. or as otherwise approved.

o Business Intrusions (Commercial Businesses) shall be enforced Monday through Friday 7:00 a.m. to 5:00 p.m. or as otherwise approved.

483

NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
2 • Implementation of Permit Parking Program areas will only be considered when the following are satisfied:

1. The area must abut an institutional, residential apartment, commercial or industrial use which is generating the parking intrusion.

2. A minimum of 75% of the area residents must sign the petition in favor.

3. Any identified problem must be on-going, not occasional or temporary.

4. To demonstrate a need, 75% of the available on-street space in a proposed permit area must be occupied during the perceived problem times. Staff, through consultation with the applicant, shall determine appropriate dates and times for conducting the parking occupancy study. Up to three observations may be performed, at the discretion of the Traffic Engineering Division

5. Staff must see evidence that required off street parking is being utilized. • Program shall not be approved to attempt to solve social problems that should be addressed through other means, such as Police or Code Enforcement.

• Program shall not be approved if the identified parking problems can be mitigated by less restrictive parking control measures. Council directs staff to identify the least restrictive permit hours to achieve the desired results.

• If recommended for approval by the City Traffic Commission, the Commission will direct the Traffic Engineering Division to prepare a resolution for adoption by the City Council.

• Number of permits per household (single family residence) shall be limited to 5 permits including guest permits. The total numb er of permits shall not exceed 5 per household. (Updated 6/12/18 per City Council)

• Number of permits for each unit of a duplex shall be limited to 2 permits (for registered vehicles only), plus 2 guest permits. The total of permits shall not exceed 4 permits per unit.

• Permits cost $30 per household and are valid for 3 years. Permits are non-transferable and are invalid if the registered permittee moves from the household. (Updated 6/12/18 per City Council)

• Single day event guest permit (up to maximum of 20) are available 4 times per year at no cost to a resident.

484

NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
3 • To minimize sign pollution, permit parking area shall be identified by area posting wherever possible.

• The City Council may, at its discretion, create city -defined permit parking “opportunity” areas in locations with high parking demand potential . Residents within the boundaries of such areas can opt into permit parking on a block -by-block basis, similar to Area “A”.

Requests in these areas shall be processed in a streamlined manner similar to Area “A ” requests, with no application fee, no parking study, and minimum 55% support of the affected residents.

The City Manager/or his designee shall have the authority to suspend enforcement of neighborhood parking permit enforcement on a case-by-case basis for special requests.

485
RESOLUTION NO. 11488

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE ADOPTING A REVISED

MASTER RESOLUTION OF DESIGNATED PERMIT

PARKING AREAS WITHIN THE CITY OF ORANGE

WHEREAS, pursuant to California Vehicle Code Section 22507, local authorities may generally prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and

WHEREAS, local authorities may also include a designation of certain streets upon which preferential parking privileges are established with a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution; and

WHEREAS, pursuant to the authority provided by the California Vehicle Code, the City Council of the City of Orange codified Chapter 10.30 of the Orange Municipal Code generally establishing parking requirements for the City of Orange; and

WHEREAS, Section 10.30.040 specifically establishes the Neighborhood Parking Permit Program designating portions of certain public streets for permit-parking and explicitly authorizes the City Council of the City of Orange to add , remove or modify designated areas within the Neighborhood Permit Parking Program by resolution; and

WHEREAS, the creation of a “Master Resolution” containing all the permit parking areas in a single document eliminates the need to potentially revise multiple resolutions when an area is added, deleted, or modified within the Neighborhood Permit Parking Program; and

WHEREAS, the City Council of the City of Orange most recently adopted said Master Resolution on July 25, 2023 (Resolution No. 11484), containing a list of all permit parking areas within the City; and

WHEREAS, staff now recommends designating and adding Parking Permit Opportunity Area “4” to the Master Resolution of Permit Parking Areas within the City of Orange; and

WHEREAS, accordingly, the City Council desires to rescind Resolution No. 11461 and replace it with a revised Resolution containing all areas designated for permit -parking, adding Parking Permit Opportunity Area “5,” as further described in Section II of this Reso lution and further contained in the attached Exhibit A.

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

SECTION I:

That Res olution No. 11484, adopted July 25, 202 3, is hereby rescinded, effective immediately upon the date of the adoption of Resolution No. 11488

486
2 SECTION II:

The following streets be included to the permit parking program Opportunity Area “5”:

Both sides of Greengrove St. from Meats Ave. to the southern terminus.

Both sides of Del Mar Ave. from Cambridge St. to Greengrove St.

SECTION III:

That the Master Resolution of Permit Parking Area for the Neighborhood Permit Parking program attached hereto as Exhibit “A” is hereby adopted.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

487

Exhibit A

Page 1 of 6 ends

EXHIBIT A

The following areas are all areas that have been approved by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program s hall be made by amending this Master Resolution.

CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”

1. West side of Cambridge St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.

2. Both sides of Center St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.

3. East side of Center St. from Palm Ave. to Walnut Ave.

4. Both sides of Cleveland St. from Chapman Ave. to Sycamore Ave. adjacent to residential land uses.

5. East side of Cypress St. from Palm Ave. to 637 feet north of Walnut Ave.

6. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.

7. Both sides of Everett Pl. from Shaffer St. to Glassell St.

8. Both sides of Glassell St. from Walnut Ave. to Rose Ave.

9. Both sides of Glassell St. from Lomita Ave. to Walnut Ave.

10. East side of Grand St. from Chapman Ave. to Maple Ave. adjacent to residential land uses.

11. Both sides of Grand St. from Maple Ave. to Palm Ave.

12. Both sides of Grand St. from Everett Pl. to Walnut Ave.

13. Both sides of Grand St. from Everett Pl. to Lomita Ave.

14. Both sides of Harwood St. from 146 feet north of Chapman Ave. to the northern terminus of Harwood St.

15. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.

16. East side of Lemon St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.

17. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.

18. West side of Lemon St. from Walnut Ave. to 644 feet north of Walnut Ave.

19. Both sides of Lomita Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.

20. Both sides of Maple Ave. from Cambridge to Cypress St. adjacent to residential land uses.

21. Both sides of Mayfair Ave. from Shaffer St. to Lemon St.

22. Both sides of Olive St. from Chapman Ave. to the northern terminus of Olive St. adjacent to residential land uses.

23. Both sides of Olive St. from Sycamore Ave. to Rose Ave.

24. Both sides of Orange St. from Maple Ave. and Palm Ave.

25. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.

26. Both sides of Orange St. from Lomita Ave. to the southern terminus of Orange St.

27. Both sides of Palm Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.

28. Both sides of Rose Ave. from Glassell St. to Orange St.

29. Both sides of Shaffer St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.

30. Both sides of Sycamore Ave. from Cambridge St. to Center St. adjacent to residential land uses.

31. North side of Sycamore Ave. at 145 W. Sycamore Ave. adjacent to residential land uses.

32. Both sides of Walnut Ave. from Cambridge St. to Cypress St. adjacent to residential land uses. 488

Exhibit A

Page 2 of 6 ends

33. Both sides of N. Shaffer St. between Chapman Ave. and Walnut Ave.

34. Both sides of E. Maple Ave. between Shaffer St. and Cleveland Ave.

35. Both sides of E. Mayfair Ave. between Shaffer St. and Grand St.

AREA “B”

1. Both sides of Adams Ave. from Glassell St. to Grand St.

2. Both sides of Hoover Ave. from Glassell St. to Grand St.

3. Both sides of Quincy Ave. from Glassell St. to Grand St.

4. Both sides of Wilson Ave. from Glassell St. to Grand St.

AREA “C”

1. Both sides of Compton Ave. from Manchester Ave. to Lewis St.

2. East side of Lewis St. from the northerly property line at 4035 Compton Ave. to the southern property line of 119 N. Lewis St.

3. West side of Manchester Ave. from Sheringham Ave. to Compton Ave.

4. North side of Sheringham Ave. from Manchester Ave. to Windgap Dr.

5. South sides of Sheringham Ave. from Woodridge Cr. to Windgap Dr.

6. Both sides of Sunningdale Cr. from Compton Ave. south to include the cul-de-sac.

7. Both sides of Windgap Dr. from Compton Ave. south to include the cul-de-sac.

8. West side of Woodridge Cr. from Sheringham Ave. south to include the cul-de-sac.

9. East side of Woodridge Cr. from the northerly property line of 119 N. Woodridge Cr. south to include the cul-de-sac.

AREA “D”

1. Both sides of Dunas St. from Maple Ave. north to include the cul-de-sac.

2. Both sides of Maple Ave. from Prospect St. to Olympia Way.

3. Both sides of Olympia Way from Maple Ave. to Spring St.

4. Both sides of Shasta St. from Maple Ave. north to include the cul-de-sac.

5. Both sides of Vine Ave. from Olympia Way to its western terminus.

6. Both sides of First St. from Chapman Ave. north to include the cul-de-sac.

7. Both sides of Pearl Ave. from First St. to McPherson Rd.

8. East side of McPherson Rd. from 131 to 133 N. McPherson Rd.

AREA “E”

1. West side of Elm St. south of Sycamore Ave. to include the cul-de-sac.

AREA “F”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.

1. Both sides of Almond Ave. from Prospect St. to Violet Ln.

2. Both sides of Kathleen St. from Chapman Ave. to Palmyra Ave.

3. Both sides of Palmyra Ave. from Craig Dr. to Prospect St.

4. East side of Prospect St. from Almond Ave. to Palmyra Ave.

5. Both sides of Violet Ln. from Almond Ave. to Palmyra Ave. 489

Exhibit A

Page 3 of 6 ends

AREA “G”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.

1. Both sides of Euclid Ave. from James St. to Seranado St.

2. Both sides of James St. from Sycamore Ave. to Euclid Ave.

3. Both sides of Palm Ave. from Swidler St. to Seranado St.

4. Both sides of Sycamore Ave. from Swidler St. to Seranado St.

5. Both sides of Seranado St. from Spring St. to Walnut Ave.

6. Both sides of Silverleaf Ave. from Thomas St. to Seranado St.

7. Both sides of Spring St. from Swidler St. to Seranado St.

8. Both sides of Swidler St. from Spring St. to Walnut Ave.

9. Both sides of Thomas St. from Sycamore Ave. to Silverleaf Ave.

10. Both sides of Walnut Ave. from Swidler St. to Seranado St.

AREA “H”

1. Both sides of Shaffer St. beginning 390 feet north of Katella Ave. and ending at Trenton Ave. (R-1 zoned single-family residences only.)

AREA “I”

1. Both sides of Almond Ave. from Prospect St. to Dunas St.

2. Both sides of Century Ave. from James St. to Thomas St.

3. Both sides of Craig Dr. 100 feet south of Roberta Dr. to Prospect St.

4. Both sides of Dunas St. from Palmyra Ave. to Almond Ave.

5. Both sides of James St. from Century Dr. to LaVeta Ave.

6. North side of LaVeta Ave. from Prospect St. to Dunas St.

7. Both sides of Merelet Ln. from Craig Dr. to include the cul-de-sac.

8. Both sides of Olympia Way from Palmyra Ave. to Almond Ave.

9. North side of Palmyra Ave. from Prospect St. to Thomas St.

10. Both sides of Ruth Pl. easterly of James St.

11. Both sides of Ruth Pl. from Prospect St. to Olympia Way.

12. Both sides of Shasta St. from Palmyra Ave. to Almond Ave.

13. Both sides of Thomas St. from Century Dr. to Palmyra Ave.

AREA “J”

1. Both sides of Binnacle Ave. from Jetty Dr. to its easterly terminus.

2. North side of Chapman Ave. from Jetty Dr. to 4537 W. Chapman Ave.

3. North side of Chapman Ave. frontage road from Jetty Dr. to cul-de-sac.

4. Both sides of Grant Pl. from Chapman Ave. northerly to include the cul-de-sac.

5. Both sides of Jetty Dr. from Chapman Ave. to Sirius Ave.

6. West side of Lewis St. from Sirius Ave. to Simmons Ave.

7. South side of Simmons Ave. from Lewis St. to Spinnaker St.

8. Both sides of Sirius Ave. from Lewis St. to Jetty Dr.

9. Both sides of Spinnaker St. from Binnacle Ave. to Simmons Ave. 490

Exhibit A

Page 4 of 6 ends

10. Both sides of Stay Court easterly of Jetty Dr.

11. Both sides of Tiller Ave. from Lewis St. to Spinnaker St.

AREA “K”

1. Both sides of the 2700 block of E. Bennett Ave.

2. Both sides of the 2700 block of E. Killingsworth Ave.

3. Both sides of the 100-200 blocks of N. Malena Dr.

4. Both sides of the 2700 block of E. Sherman Ave.

5. Both sides of the 100-200 blocks of N. Wheeler St.

AREA “L”

1. Both sides of Jacaranda Ave. from Morgan St. to Mallard St.

2. Both sides of Juniper Ave. from Morgan St. to Mallard St.

3. Both sides of Mallard St. from Collins Ave. northerly to 985 N. Mallard St.

4. Both sides of Morgan St. from Collins Ave. northerly to 986 N. Morgan St.

AREA “M”

1. Both sides of Citrus St. from Almond Ave. to the southerly commercial property lines south of Chapman Ave.

AREA “N”

1. West side of Bedford Rd. from LaVeta Ave. to Bronson Ave.

AREA “O”

1. North side of Spring St. from Hewes St. to Earlham St.

AREA “P”

1. Both sides of the 1000 block of Gardner Dr.

2. Both sides of the 1000 block of Greengrove St.

3. Both sides of Monroe Ave. from California St. to Lincoln St.

4. Both sides of Quincy Ave. from California St. to Lincoln St.

5. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul-de-sac.

6. West side of Lincoln St. from 990 N. Lincoln St. to Adams Ave.

7. East side of Lincoln St. from 1073 N. Lincoln St. to Adams Ave.

8. Both sides of Adams Ave. between Lincoln St. and California St.

AREA “Q”

1. Both sides of the 8500 block of Biscayne Way.

2. Both sides of the 8500 block of Deershire Ct.

3. Both sides of the 200 block of Fairfield Ln.

4. Both sides of the 200 block of Firenza Way.

5. Both sides of the 8500 block of Heatherview Ln.

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Exhibit A

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AREA “R”

1. Both sides of San Luis Dr. from 7821 (north side) to Santa Cruz Ave., and from 7816 (south side) to the beginning of 8132.

2. 8102 and 8110 Santa Cruz Ave. (south side).

3. Both sides of Santa Maria St. between San Luis Dr. and Santa Cruz Ave.

AREA “S”

1. Both sides of Poplar St. between Maple Ave. and the cul-de-sac.

2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.

3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave.

4. Both sides of Eckhoff St. between 130-283 N. Eckhoff St.

AREA “T”

1. Both sides of Cully Dr. from the westerly property lines of 861 and 864 W. Cully Dr. to the cul-de-sac.

2. Four spaces on the east side of Eckhoff St. from the southerly limit to W. Arbor Way (approximately 110 feet).

3. Five spaces on the east side of Eckhoff St. from 45 feet north of W. Arbor Way end of curb return to Maple Ave. (approximately 140 feet. It allows one parking space to remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for visibility).

4. Three spaces on the east side of Eckhoff St. north of Willow Ave. to the northerly limit (approximately 70 feet).

5. Two spaces on the east side of Eckhoff St. from the existing red curb north of Maple Ave. to the driveway south of 206 N. Eckhoff St.

AREA “U”

1. Both sides of Waverly St. from the northerly property lines of 133 and 138 S. Waverly St. to Almond Ave.

AREA “V”

1. The south side of E. Rose Ave. from 1932/1934 to N. Highland St.

2. Both sides of N. Highland St. from E. Rose Ave. to E. Barkley Ave.

3. Both sides of E. Mayfair Ave. from 1740 E. Mayfair Ave. to N. Highland St.

4. The south side of E. Lomita Ave. from 1734/1736 to N. Highland St.

5. The north side of E. Lomita Ave. from 1901 to N. Highland St.

6. Both sides of E. Barkley Ave. from the cul-de-sac to N. Highland St.

7. Both sides of the cul-de-sacs of N. Victoria Dr., N. Russell Dr., and N. Shirley Dr., north of E.

Mayfair Ave.

AREA “W”

1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac. 492

Exhibit A

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2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744 E. Orange Grove Ave.

3. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.

4. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.

AREA “X”

1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.

AREA “Y”

1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave.

AREA “Z”

1. Both sides of Sycamore Ave. from Rancho Santiago Blvd. to Richard St.

2. Both sides Rancho Santiago Blvd. from the south city limits to Silverleaf Ave.

3. Both sides of Silverleaf Ave. from Rancho Santiago Blvd. to Richard St.

4. Both sides of Christine St. from Silverleaf Ave. to Sycamore Ave.

5. Both sides of Richard St. from Silverleaf Ave. to Sycamore Ave.

OPPORTUNITY AREA “1”

1. Both sides of Lilac Ln. from Culver Ave. to Orchard Ave.

2. Both sides of Plum Ln. from Culver Ave. to Orchard Ave.

3. Both sides of Orchard Ave. from Flower St. to the easterly terminus of the street.

OPPORTUNITY AREA “4”

1. Both sides of Trenton Ave. from the westerly property lines of 331 E. Trenton Ave. and 1482 N. Grant St. to Shaffer St.

2. Both sides of Grant St. from Trenton Ave. to the cul-de sac.

OPPORTUNITY AREA “5”

1. Both sides of Greengrove St. from Meats Ave. to the southern terminus.

2. Both sides of Del Mar Ave. from Cambridge St. to Greengrove St.

493
494
Agenda Item
City Traffic Commission
Item #: 4.3. 6/14/2023 File #: 23-0385
TO: Chair and Members of the City Traffic Commission
THRU: Larry Tay, City Traffic Engineer
FROM: Dave Allenbach, Transportation Analyst

1. SUBJECT
Request for Permit Parking on both sides of Del Mar Avenue from Cambridge to Greengrove Streets and both sides of Greengrove Street from Meats Avenue to the southerly terminus.

2. SUMMARY
This is a request to implement permit parking on the aforementioned streets which are located in Permit Parking Opportunity Area #5.

3. RECOMMENDED ACTION

1. Approve the implementation of permit parking on both sides of Del Mar Avenue from Cambridge to Greengrove Streets.

2. Approve the implementation of permit parking on both sides of Greengrove Street from Meats Avenue to its southerly terminus.

3. Forward to the City Council for final action.

4. FISCAL IMPACT
The total expenditure for the project is $2,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement Measure M2 (263).

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

After receiving a written request for permit parking on the aforementioned streets from an eligible resident, staff mailed petition packages to the affected property owners in March 2023. The polling process concluded at the end of April, the results of which indicate that 69% of the property owners are in favor of permit parking, 3% are opposed, and 28% did not respond. This level of support City of Orange Printed on 6/8/2023Page 1 of 2
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Item #: 4.3. 6/14/2023 File #: 23-0385
exceeds the 55% stipulated in the NPPP. Therefore, staff recommends permit parking be approved.

It should be noted that property owners of any other street(s) within this PPOA may request permit parking in the future by following the procedures described above. Furthermore, permit parking does not supersede other parking restrictions such as street sweeping. Participation is voluntary however, once implemented any vehicle parked on the street without a permit is subject to citation

7. ATTACHMENTS
· Letter of Request
· Area Map
· PPOA #5 Area Map
· NPPP Implementation Policy
City of Orange Printed on 6/8/2023Page 2 of 2
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1 Dave Allenbach
From: Jeannie McDaniel <[email protected]>
Sent: Monday, January 16, 2023 11:13 AM
To: Dave Allenbach
Cc: [email protected]; Jeannie Tully McDaniel
Subject: “Opportunity” area parking permit request
Hi Dave,

Thank you so much for making the Ɵme to speak with me a few weeks ago about the parking permit process for the new “opportunity area” in which we live.

We would like to request that E Del Mar Ave and N Greengrove St become “permit parking for residents only” areas.

The Del Mar area requested is both sides of the street, between Cambridge and Greengrove.

The Greengrove area requested is both sides of the street, between Meats and to the south where Greengrove dead ends.

AŌer talking with all of the neighbors, I am conﬁdent we will have more than enough “Yes” votes for this to move forward. Thank you again for your Ɵme. We all look forward to receiving the peƟƟons.

Sincerely,

Jeannie McDaniel
1104 E. Del Mar Ave
Orange, CA 92865
714-928-4864
[email protected]

Lauren Burke
2023 N. Greengrove St
Orange, CA 92865
luganƩ[email protected]

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NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
1 Note: The Neighborhood Parking Permit Policy below does not apply to area “A”

• The Traffic Engineering Division shall determine the boundaries of the permit area for each request.

o Institutional Intrusions (Universities, hospitals) shall remain 24/7/365.

o Recreational Intrusions (Parks, Schools and Sports Complexes) shall be enforced from 8:00 a.m. to 8:00 p.m. or as otherwise approved.

o Business Intrusions (Commercial Businesses) shall be enforced Monday through Friday 7:00 a.m. to 5:00 p.m. or as otherwise approved.

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