Hazen will use the following tools and strategies tp deliver this project on schedule and within budget:
• MS Project: Establish critical path and communicate prog- ress
• Deltek Vision: Track project costs in real time for clarity on budget performance
• Risk Register: Develop and updaterisk register regularly to mitigate project risks
• Decision Log: Track project decisions to provide clarity on path forward
• Regular Project Manager Check-Ins: Track hot scope items Hazen’s Deltek Vision accounting system provides real-time monitoring of work hour usage and costs to track total
expenditures for tasks.
The following schedule provides a breakdown of tasks outlined within the Hazen Work Plan, including key milestones driving the project timeline.
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Section 5
Budget Summary Proposal
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Hazen and Sawyer
35 Assistance with Completion and Submission of LCRR Service Line Inventories for a Number of Orange County Agencies 1014-612
Section No. 5
Budget Summary Proposal
In accordance with the requirements of the RFP, this submittal includes the budget summary information in the format requested. In addition, tables presenting the breakdown of the fee by task, project team members, subcontractors, and other direct costs.
Cost Per Category of Service
Category Level of Effort Cost Savings (Per Agency)
for 12+ Agency Agreements
1. Project Administration and Progress
Reporting (Required Task for all
Agencies)
$51,780 High
40% $39,950 Med
$26,830 Low
2. Assistance with Data Gathering,
Records Review, and Historical Code
Review
$31,000 High
20%$22,475 Med
$13,950 Low
3. Develop Lead Service Line Inventory
Database and Initial Inventory
$51,410 High
20%$36,510 Med
$21,610 Low
4. Develop Approach for Alternative
Material Verification Methods and
submit to Division of Drinking Water
(DDW) for Approval
$40,350 High
25%$26,900 Med
$16,640 Low
5. Apply Division of Drinking Water
(DDW) Approved Alternative
Verification Methods
$9,590 High
0%$7,695 Med
$5,800 Low
6. Assistance with Data Analysis $9,640 High
10%$8,060 Med
$6,480 Low
7. Customer Communications $14,000 High
40%$11,440 Med
$8,880 Low
8. Develop and Implement Private
Property Owner Self-Verifications
$46,770 High
30%$38,980 Med
$31,190 Low
9. Develop Lead Service Line
Replacement Plan
$36,020 High
50%$36,020 Med
$36,020 Low
10. Manage (Field) Inspections/T est
Pitting/Meter Inspections
$76,630 High
25%$63,840 Med
$51,050 Low
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36 Budget Summary Proposal
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Hazen and Sawyer
Cost Per Category of Service
Category Level of Effort Cost Savings (Per Agency)
for 12+ Agency Agreements
11. Provide field inspection personnel to
assist with physical visual verifications
- High 0%
- Med
- Low
12. Population of DDW Inventory
Template and Service Line Inventory
Submission
$4,870 High 0%
$4,870 Med
$4,870 Low
Additional Services
1. Integrate Service Line Inventory into Agency Asset Management System Separate Agreement
2. School/Childcare Facility Sample Site Selection and SOP Separate Agreement
3. Compliance Site Selection and SOP Separate Agreement
4. Funding Separate Agreement
Task 1: Project Administration and Progress Reporting - Level of Effort Considerations:
• Low level of effort: 3 x MWDOC & Water Agencies Group (collective) meetings (1 x kick-off, 2 x progress), and 3 x individual Water Agency/Hazen only meetings (1x level of effort agreement, 1 x institutional knowl- edge transfer, and 1 x final SLI preparation).
• Medium level of effort: 6 x individual meetings: 1 x kick-off, 1x level of effort agreement, 2 x progress, 1 x institutional knowledge transfer, and 1 x final SLI preparation. • High level of effort: 12 x individual meetings: 1 x kick-off, 1x level of effort agreement, 6 x progress, 1 x in- stitutional knowledge transfer, 1 x final SLI preparation, 1 x meeting to discuss Task 2 outcomes, 1 x meet- ing to discuss outcomes of Task 4.
Task 2: Assistance with Data Gathering, Records Review, and Historical Code Review - Level of Effort Considerations:
• Low level of effort: 20 records
• Medium level of effort: 200 records
• High level of effort: 300 records
Task 3: Develop Lead Service Line Inventory Database and Initial Inventory - Level of Effort Considerations:
• Low level of effort: No. of Service Connections = 1-20,000, GIS data available • Medium level of effort: No. of Service Connections = 20,001-40,000, GIS data available • High level of effort: No. of Service Connections = 40,001+, GIS data not available Task 4: Develop Approach for Alternative Material Verification Methods and Submit to Division of Drinking Water (DDW) for Approval - Level of Effort Considerations:
• Low level of effort: Geospatial Statistical Analysis
• Medium level of effort: Geospatial Statistical Analysis • High level of effort: Predictive Model
Level of Effort Assumptions
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37 Budget Summary Proposal
1014-612
Hazen and Sawyer
Task 5: Apply Division of Drinking Water (DDW) Approved Alternative Verification Methods - Level of Effort Considerations:
• All levels of effort equivalent.
Task 6: Assistance with Data Analysis - Level of Effort Considerations:
• Low level of effort: No. of Service Connections = 1-20,000 • Medium level of effort: No. of Service Connections = 20,001-40,000 • High level of effort: No. of Service Connections = 40,001+ Task 7: Customer Communication - Level of Effort Considerations:
• Low level of effort: No. of Service Connections = 1-20,000 • Medium level of effort: No. of Service Connections = 20,001-40,000 • High level of effort: No. of Service Connections = 40,001+ Task 8: Develop and Implement Private Property Owner Self-Verifications - Level of Effort Considerations:
• Low level of effort: No. of Service Connections = 1-20,000 • Medium level of effort: No. of Service Connections = 20,001-40,000 • High level of effort: No. of Service Connections = 40,001+ Task 9: Develop Lead Service Line Replacement Plan - Level of Effort Considerations:
• Low level of effort: No. of Service Connections = 1-20,000 • Medium level of effort: No. of Service Connections = 20,001-40,000 • High level of effort: No. of Service Connections = 40,001+ Task 10: Manage (Field) Inspections/Test Pitting/Meter Inspections - Level of Effort Considerations:
• Low level of effort: No. of Service Connections = 1-20,000 • Medium level of effort: No. of Service Connections = 20,001-40,000 • High level of effort: No. of Service Connections = 40,001+ Task 11: Provide Field Inspection Personnel to Assist with Physical Visual Verification - Level of Effort Considerations:
• No requirement for level of effort considerations, as only an hourly rate was requested in the RFP. However, two rates are proposed for consideration. Field person, truck, and hand tools = $95/hr., and field person, truck, and vac truck = $135/hr. (includes vac truck).
Task 12: Population of DDW Inventory Template and Service Line Inventory Submission - Level of Effort Considerations:
• All levels of effort equivalent.
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38 Budget Summary Proposal
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1014-612
Program
Director
Program
Manager
Technical
Advisor
Project
Engineer
GIS/IT Data
Analyst
Assistant
Engineer
II
Assistant
Engineer
I
Hazen
Labor
Hours
“Labor
Cost”
ODCs Subtotal
$385 $385 $355 $250 $175 $200 $170 $150
RFP Task 1: Project Administration and
Progress Reporting
4 24 16 20 14 0 10 32 120 $30,410 $- $30,410
RFP Task 2: Assistance with Data Gathering,
Records Review, and Historical Code Review
0 2 2 10 10 6 16 32 78 $14,450 $- $14,450
RFP Task 3: Develop Lead Service Line
Inventory Database and Initial Inventory
0 4 4 14 12 6 24 60 124 $22,840 $- $22,840
RFP Task 4: Develop Approach for Alternative
Material Verification Methods and Submit to
DDW for Approval
0 2 8 12 8 2 24 28 84 $16,690 $- $16,690
RFP Task 5: Apply Division of DDW Approved
Alternative Verification Methods
0 0 0 4 0 0 12 12 28 $4,840 $- $4,840
RFP Task 6: Assistance with Data Analysis 0 0 2 10 0 0 0 12 24 $5,010 $- $5,010 RFP Task 7: Customer Communications 0 0 8 16 0 0 0 20 44 $9,840 $- $9,840 RFP Task 8: Develop and Implement Private
Property Owner Self-Verification
0 6 4 20 28 0 32 92 182 $32,870 $- $32,870
RFP 9: Develop LSL Replacement Plan 0 16 4 40 0 0 40 110 210 $40,880 $- $40,880 RFP Task 10: Manage (Field) Inspections/ Test
Pitting/ Meter Inspections
0 12 4 28 32 0 112 112 300 $54,480 $- $54,480
RFP Task 11: Provide Field Inspection Personnel
to Assist with Physical Visual Verifications
(Hourly Rate)
0 0 0 0 0 0 0 0 0 $- $- $-
RFP Task 12: Population of DDW Inventory
Template and SLI Submission
0 0 2 4 10 0 0 0 16 $3,460 $- $3,460
TOTAL FEE (LOW LEVEL OF EFFORT) 4 66 54 178 114 14 270 510 1210 $235,770 $- $235,770 Low Level of Effort Estimate
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39 Budget Summary Proposal
Hazen and Sawyer I hazenandsawyer.com
1014-612
Program
Director
Program
Manager
Technical
Advisor
Project
Engineer
GIS/IT Data
Analyst
Assistant
Engineer
II
Assistant
Engineer
I
Hazen
Labor
Hours
“Labor
Cost”
ODCs Subtotal
$385 $385 $355 $250 $175 $200 $170 $150
RFP Task 1: Project Administration and
Progress Reporting
6 36 24 30 20 0 16 48 180 $45,610 $- $45,610
RFP Task 2: Assistance with Data Gathering,
Records Review, and Historical Code Review
0 4 4 16 15 10 24 50 123 $23,165 $- $23,165
RFP Task 3: Develop Lead Service Line
Inventory Database and Initial Inventory
0 8 8 24 20 10 40 100 210 $39,220 $- $39,220
RFP Task 4: Develop Approach for Alternative
Material Verification Methods and Submit to
DDW for Approval
0 4 12 20 12 4 40 48 140 $27,700 $- $27,700
RFP Task 5: Apply Division of DDW Approved
Alternative Verification Methods
0 1 1 4 0 0 16 16 38 $6,860 $- $6,860
RFP Task 6: Assistance with Data Analysis 0 0 2 12 0 0 0 16 30 $6,110 $- $6,110 RFP Task 7: Customer Communications 0 0 10 20 0 0 0 24 54 $12,150 $- $12,150 RFP Task 8: Develop and Implement Private
Property Owner Self-Verification
0 8 4 24 36 0 40 115 227 $40,850 $- $40,850
RFP 9: Develop LSL Replacement Plan 0 16 4 40 0 0 40 110 210 $40,880 $- $40,880 RFP Task 10: Manage (Field) Inspections/ Test
Pitting/ Meter Inspections
0 16 6 36 40 0 140 140 378 $69,090 $- $69,090
RFP Task 11: Provide Field Inspection Personnel
to Assist with Physical Visual Verifications
(Hourly Rate)
0 0 0 0 0 0 0 0 0 $- $- $-
RFP Task 12: Population of DDW Inventory
Template and SLI Submission
0 0 2 4 10 0 0 0 16 $3,460 $- $3,460
TOTAL FEE (MEDIUM LEVEL OF EFFORT) 6 93 77 230 153 24 356 667 1606 $315,095 $- $315,095 Medium Level of Effort Estimate
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40 Budget Summary Proposal
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1014-612
Program
Director
Program
Manager
Technical
Advisor
Project
Engineer
GIS/IT Data
Analyst
Assistant
Engineer
II
Assistant
Engineer
I
Hazen
Labor
Hours
“Labor
Cost”
ODCs Subtotal
$385 $385 $355 $250 $175 $200 $170 $150
RFP Task 1: Project Administration and
Progress Reporting
8 46 32 40 26 0 20 62 234 $59,400 $- $59,400
RFP Task 2: Assistance with Data Gathering,
Records Review, and Historical Code Review
0 6 6 22 20 14 32 68 168 $31,880 $- $31,880
RFP Task 3: Develop Lead Service Line
Inventory Database and Initial Inventory
0 12 12 34 28 14 56 140 296 $55,600 $- $55,600
RFP Task 4: Develop Approach for Alternative
Material Verification Methods and Submit to
DDW for Approval
0 6 18 30 18 6 60 72 210 $41,550 $- $41,550
RFP Task 5: Apply Division of DDW Approved
Alternative Verification Methods
0 2 2 4 0 0 20 20 48 $8,880 $- $8,880
RFP Task 6: Assistance with Data Analysis 0 0 2 14 0 0 0 20 36 $7,210 $- $7,210 RFP Task 7: Customer Communications 0 0 12 24 0 0 0 28 64 $14,460 $- $14,460 RFP Task 8: Develop and Implement Private
Property Owner Self-Verification
0 10 4 28 44 0 48 138 272 $48,830 $- $48,830
RFP 9: Develop LSL Replacement Plan 0 16 4 40 0 0 40 110 210 $40,880 $- $40,880 RFP Task 10: Manage (Field) Inspections/ Test
Pitting/ Meter Inspections
0 20 8 44 48 0 168 168 456 $83,700 $- $83,700
RFP Task 11: Provide Field Inspection Personnel
to Assist with Physical Visual Verifications
(Hourly Rate)
0 0 0 0 0 0 0 0 0 $- $- $-
RFP Task 12: Population of DDW Inventory
Template and SLI Submission
0 0 2 4 10 0 0 0 16 $3,460 $- $3,460
TOTAL FEE (HIGH LEVEL OF EFFORT) 8 118 102 284 194 34 444 826 2010 $395,850 $- $395,850 High Level of Effort Estimate
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Section 6
Time and Materials Labor Rate Schedule
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Hazen and Sawyer
41 Assistance with Completion and Submission of LCRR Service Line Inventories for a Number of Orange County Agencies 1014-612
Section No. 6
Time and Materials Labor Rate Schedule
A table of hourly billing rates for Hazen personnel by title is provided below as required per the RFP. The billing rates are for the 2023-2024 billing year, starting July 1, 2023. Not all labor categories shown below will be used on this project.
Hazen Title Hourly Rate
Vice President $325
Assoc Vice President $315
Sr Associate 2 $300
Sr Associate $290
Associate 2 $275
Associate $250
Sr Principal Engineer 2 $240
Sr Principal Engineer $220
Principal Engineer 2 $200
Engineer/Principal Engineer $185
Assistant Engineer 2 $170
Assistant Engineer $150
Sr. CAD Designer/GIS $175
CAD Designer/GIS $145
T echnician $130
Sr Administrator $140
Administrator $120
If required, Hazen will utilize the General Services Administration per diem rates for Orange County, and mileage reimbursement rates published by the Internal Revenue Service.
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Appendix A
Resumes
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Education
PhD, Environmental Engineering,
Massachusetts Institute of
T echnology
BS, Environmental Science,
University of Rochester, NY, 1996
BA, Chemistry, University of
Rochester, NY
Certification/License
Professional Engineer
Areas of Expertise
• Corrosion control and
stabilization
• Project management
• Groundwater treatment
• Decision analysis
• Advanced treatment
• Source water integration
• Distribution system water
quality
• Bench, pilot, and
demonstration testing
Professional Activities
American Water Works
Association
• Research Division T rustee
• Inorganic Contaminants
Committee Chair
Society of Women Engineers
California Nevada AWWA
Recycled Water Committee
Secretary
Nicole Blute, PhD, PE
Program Manager
Dr. Blute will lead the project with over 20 years
of lead and copper rule and corrosion control
experience. She is a skilled hands-on PM on
complex projects with tight schedules,
leveraging her team’s deep experience to achieve
different agency needs.
Lead and Copper Rule Revisions, Los Angeles Department of Water and Power, Los Angeles CA
Dr. Blute is the Project Manager for LADWP’s evaluation of historical lead service line use and code reviews, development of an LSL inventory in GIS, use of alternative verification methods (predictive modeling and geospatial statistical analysis), funding assistance, and communications with DDW.
Lead and Copper Rule Revisions, Sweetwater Authority, San Diego, CA Dr. Blute was a Technical Advisor on Sweetwater Authority’s LCRR Com- pliance Program, involving creation of an LSL Inventory, LSL identifica- tion action plan, compliance sampling plan, and development of sampling protocols for schools and childcare facilities.
Lead and Copper Rule Compliance, California Water Service Company, San Jose, CA
Dr. Blute was the Technical Advisor on a series of 3 projects for Cal Water that developed prequalified pools of tiered customers for LCR sampling at 25 districts. The project involved providing regulatory guidance, de - veloping educational and training materials, and developing cost assess- ments of project expansion to Cal Water’s remaining districts.
Lead and Copper Rule Compliance, City of La Verne, La Verne, CA Dr. Blute was the Project Manager who led a study of factors causing La Verne to exceed the Lead Action Level. She advised utility staff in water quality testing (field and laboratory), performed modeling exercises of corrosivity, provided recommendations, and worked with staff to imple- ment operations. The project successfully resulted in subsequent sampling round below the Action Level.
Corrosion Control T esting of Alternate Water Supplies, Metropolitan Water District of Southern California
Dr. Blute was the Principal Investigator and Project Manager on a WRF project to evaluate corrosion control strategies for successful introduction of new water supplies (advanced treated water and desalinated water) into distribution systems. Pipe loops (iron, copper with lead solder, and brass) were used to evaluate corrosion mitigation strategies.
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Becki Rosenfeldt, PE
Program Advisor/Regulatory Communication
Becki has extensive experience guiding many of
Hazen’s clients to LCRR compliance.
Serves as a Program Manger, QA/QC, and various technical expert roles for the development of LSLIs including the design and implementation of machine learning models. Her nationally recognized expertise in - cludes providing guidance to regulatory agencies and co-presenting with DDW on the LCRR.
LCRR Compliance, LADWP, Los Angeles, CA
Program Advisor. Completed an evaluation of historical LSL use and code reviews and developed an LSLI in GIS. Assisted in material verification and replacement efforts, alternative verification methods (predictive modeling and geospatial statistical analysis), and developed a commu - nications plan.
LCRR Compliance, Sweetwater Authority, San Diego, CA
Program Manager. Developed the Authority’s LCRR Compliance Program, including the development of an LSLI, LSL identification action plan, com- pliance sampling plan, and protocols LCRR compliance sampling. She works closely with DDW to develop a cost-effective material verification strategy using statistical analysis and geospatial interpolation.
LSL Inventory, Sampling Plan, and Replacement Plan, New Hampshire Department of Environmental Services, NH
Program Advisor. Assisting over 200 Small and Medium public water sys- tems in compliance with the LCRR. She is also assisting with the develop- ment of a community website and data HUB to serve as a central location to manage compliance programs, LSLI, and customer outreach materials.
Work also includes preparation of Sampling Site and LSL Replacement Plans.
Program Management Support for LCRR Compliance, Baltimore City & Baltimore County, MD
Technical Advisor. Through a combination of LSLI finalization, LSL replace- ment, sample plan development, customer outreach and compliance support services, the City and County proactively prepare for compliance with the LCRR. She is supporting the development of advanced GIS analytics, etc.
LCRR Compliance Program, City of T empe, AZ
Program Advisor and Technical Expert. Leading a comprehensive im - plementation that includes LSLI, sampling, and communications pro - gram development A centralized dashboard was developed to monitor program progress and track communications, service line identification, and replacement efforts.
Education
MS, Environmental Engineering,
Virginia Tech
BS, Civil Engineering, Bucknell
University
Certification/License
Professional Engineer
Areas of Expertise
• Lead and Copper Rule
• Lead and Copper Rule
Revisions
• Corrosion control
• Lead service line identification
and replacement
Professional Activities
American Water Works
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Education
MS, Civil and Environmental
Engineering, Arizona State
University
BS, Civil Engineering, Mississippi
State University
Certification/License
Professional Engineer
Areas of Expertise
• Lead and copper regulations
• Water quality and compliance
• Emerging contaminants
• Water, wastewater, and
reclaimed water planning
Professional Activities
Water Environment Federation
• Microplastics T ask Force
Co-Chair
AZ Water Research Committee
California Association of
Sanitation Agencies
• Microplastics Subgroup
• Ad Hoc Expert Panel
Cayla Cook, PE
Project Engineer
Cayla Cook has served as the Project Engineer, Task
Manager, and Assistant Project Manager on several
key LCRR efforts including LSL Inventories within
Arizona and California lending to a robust
background and knowledge of the unique challenges
utilities face associated with the LCRR. This
experience lends to a Deputy Project Manager that
has successfully completed multiple similar efforts
and is ready to hit the ground running.
Lead and Copper Rule Revisions (LCRR) Evaluation, Sweetwater Authority, CA
Task Manager. Hazen is leading Phase 1 of the LCRR Compliance Pro - gram to develop an LCRR Service Line Identification Action Plan and LSL Inventory framework. Utilizing the latest EPA Guidance, Hazen will pri- oritize field verification sites and align various areas of the compliance program such as funding and sample site selection to streamline the pro- cess for the Authority.
Lead Service Line History and Predictive Model, Los Angeles Department of Water and Power, CA
Deputy Project Manager. Hazen led the development of DWP’s LSL In - ventory framework and Predictive Model including the utility-side and customer-side of over 700,000 service lines. Through collaboration with multiple departments including the Distribution System and Water Qual- ity departments, Hazen built consensus on the Department of Drinking Water (DDW) approved methodologies’ application with industry-lead - ing technologies approaches for minimizing the quantity of sites for field verification and providing a unique lead likelihood status for each indi - vidual service line.
Lead and Copper Rule Revisions (LCRR) Compliance
Implementation, T empe, AZ
Assistant Project Manager. Hazen is developing the City’s LSL inventory, which will serve as the foundation for the remaining LCRR compliance requirements. The Hazen team is utilizing a variety of industry-leading approaches to complete a robust, cost-efficient service line inventory in- cluding a mobile app for rapidly collecting and storing service line data in the field and an online customer survey for service line material iden- tification. In addition to developing the inventory framework, Hazen will establish and coordinate a Field Verification Plan for amending the in - ventory in real time.
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Stephanie Botha
Groundwater Data Evaluation
Ms. Botha has 16 years professional experience
working in planning, approvals, permitting,
regulatory compliance, and project
management on behalf of private and public
clients across a broad range of industry
including infrastructure, environment, water,
contaminated land, decommissioning and
restoration, transportation, oil and gas, waste
management, marine geoscience, and mining.
Lead and Copper Rule Revisions, Los Angeles Department of Water and Power, Los Angeles CA
Ms. Botha is a Technical Advisor on LADWP’s evaluation of historical lead service line use and code reviews, development of an LSL inventory in GIS, and use of alternative verification methods (predictive modeling and geospatial statistical analysis).
Lead and Copper Rule Revisions, Sweetwater Authority, San Diego, CA Ms. Botha is a Technical Advisor on Sweetwater Authority’s LCRR Com- pliance Program, providing input on data management for the lead service line inventory.
San Fernando Basin (SFB) Groundwater Remediation Project – Division of Drinking Water (DDW) 97-005 Permitting, Los Angeles Department of Water & Power (LADWP), Los Angeles, CA
Ms. Botha is the Technical Lead and Task Manager for delivering various components required for the application to permit the use of an extreme- ly impaired source for domestic use for three major LADWP well fields in the SFB. She is responsible for ensuring the deliverables required for the 97-005 permit application comply with the updated DDW 97-005 Process Memo which included the addition of new evaluations, such as the MCL-equivalent methodology developed by DDW to assess the cu - mulative risk posed by multiple contaminants.
Water Quality Evaluation in Master Planning, Santa Clarita Valley Water Agency
Ms. Botha is leading the team in evaluating over 800,000 water quality records to develop a master plan for SCVWA. The effort included working with our GIS resources to build the database, dashboard, maps, and develop data interpretations for planning.
Education
M.Sc., Hydrogeology, University of
Birmingham, U.K.
B.Sc., Geology, University College
London, U.K.
Areas of Expertise
• Hydrogeological investigation
and water quality
characterization
• Permitting of extremely
impaired sources for direct
potable use (DDW 97-005
Policy)
• Development and
management of groundwater
monitoring programs
• Environmental approvals
• Remedial investigation
T echnical Publications:
EnerGeo Alliance. 2022.
Guidance for Estimating and
Reporting Greenhouse Gas
(GHG) Emissions - Marine
Geoscience Survey Activities.
August 9.
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Melene Agakanian, EIT
Records Research and Gap Analysis
Ms. Agakanian is an Assistant Engineer with
Hazen. She has experience in recycled and
purified water, water quality analysis and
supply management, and drinking water
treatment, with a foundation in Civil and
Environmental Engineering. She has a strong
attention to detail and organization that will be
critical to the records research for this project.
Database Management, Santa Clara Valley Water District (Valley Water), Santa Clara, CA
Water Tracker: Led efforts to develop a user-friendly, comprehensive water resources database used by all units to track water use throughout Santa Clara County. Responsible for importing monthly recycled water use from five major recycled water producers in the County into this larger database.
ROCM Sampling Data & Analysis: Responsible for importing monthly sampling data from multiple labs into the ROCM MS Access database and ensuring all data was in proper format. Provided analysis of data, includ- ing graphs and trendlines, when requested.
Owner’s Agent for Hyperion Advanced Water T reatment, Los Angeles Department of Water and Power, Los Angeles, CA
Assistant Process Engineer. Melene has provided treatment sizing, cap- ital and life cycle costs, and site layouts to LADWP in the evaluation of treatment options for the Hyperion Advanced Water Treatment Facility.
She has helped prepare technical memorandums summarizing the design information and providing recommendations on implementation of the design. Melene is also part of the team providing support to LADWP on the Donald C. Tillman Advanced Water Treatment Facility Project in conjunction with Los Angeles Sanitation.
Eastside Water T reatment Facility Expansion Design, City of Chino, Chino, CA
Provide support when needed for review and response of construction submittals and request for information documents for a 3,500-gpm treatment expansion for the City of Chino at their Eastside Facility. Con- struction includes installation of new GAC vessels for 1,2,3-TCP treatment and a new Ion Exchange system for nitrate treatment, pipelines, buildings, and control systems.
Education
M.S., Civil/Environmental
Engineering, San Jose State
University, San Jose, CA
B.S., Civil Engineering, Santa
Clara University, Santa Clara, CA
Certification/License
Engineer-in- Training
Areas of Expertise
• Drinking Water Treatment
• Recycled & Purified Water
• Water Quality Analysis &
Supply Management
Professional Affiliations
ASCE
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Cole Graham
Service Verification Program
Mr. Graham is a recent graduate with a
background in dual disciplines of environmental
chemistry and environmental engineering. He is
now an Assistant Engineer in Hazen’s
Wastewater Group.
Lead and Copper Rule Revisions Compliance Implementation, T empe, AZ
Assistant Engineer. Hazen is developing the City’s LSL inventory, which will serve as the foundation for the remaining LCRR compliance require- ments. The Hazen team is utilizing a variety of industry-leading ap - proaches to complete a robust, cost-efficient service line inventory in - cluding a mobile app for rapidly collecting and storing service line data in the field and an online customer survey for service line material iden- tification. In addition to developing the inventory framework, Hazen will establish and coordinate a Field Verification Plan for amending the in - ventory in real time. Following the development of the service line in - ventory, Hazen will prepare the LSL Replacement Plan including proce - dures for flushing service lines and premise plumbing, prioritization strategies, and the replacement protocols. Hazen will further support the city through legal strategies and funding sources for full service line replacement and integrate with the City’s currently planned Capital Im- provement Program while developing the communication tools and a sampling plan.
Integrated Water Resources Master Plan, T own of Gilbert, AZ Assistant Engineer. Updated the Town’s Integrated Water Resources Mas- ter Plan, which comprised of a water resources portfolio, existing and buildout scenarios of water, wastewater, and reclaimed water system modeling, water quality, water age analyses and CIP development. Worked specifically on dashboard implementation.
Experience Prior to Hazen
ASU School of Sustainable Engineering and the Built Environment, T empe, AZ
Graduate Researcher. Laboratory chemist and engineer developing new methods to regenerate spent anion exchange resin with novel evacuant solutions.
Education
MS, Environmental Engineering,
Arizona State University
BS, Chemistry (Environmental),
Arizona State University
Areas of Expertise
• Environmental Chemistry
• Water Treatment Via Anion
Exchange Resins
• PFAS Removal Strategies
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 202
Jared Eichmiller
Service Line Inventory/GIS
Mr. Eichmiller serves as Hazen’s GIS Analyst in the
Irvine Office. He has over 2 years of experience in
helping local governments and organizations achieve
their infrastructure and assessment goals through
using GIS tools. He is experienced in cartography for
print along with developing web applications,
dashboards, and story maps. Mr. Eichmiller is also
skilled in developing field collection tools through
Survey123 to conduct field assessments.
Lead and Copper Rule Revisions, Los Angeles Department of Water and Power, Los Angeles CA
Mr. Eichmiller is GIS Analyst for LADWP’s evaluation of historical lead service line use and code reviews, development of an LSL inventory in GIS, use of alternative verification methods (predictive modeling and geospatial statistical analysis), funding assistance, and communications with DDW.
NapaSan Master Plan, Napa CA
GIS Analyst. Mr. Eichmiller is utilizing StoryMaps to create a visual, electronic submittal of Napa Sanitation’s Capital Improvement Plan. as part of the Master Plan Project. The District selected Hazen to develop the Soscol Water Recycling Facility (SWRF) to provide NapaSan with strategic planning guidance and in-depth analysis of key focus areas. NapaSan intends to produce an actionable and strategic master plan that supports decision making over the next five-to-ten years while maintaining a 20- year planning horizon. the master Plan included key areas such as condition assessment, nutrients, biosolids, recycled water, capacity analysis.The Master Plan also includes an evaluation of vulnerabilities as well as susceptibility to climate change factors such as flood, wildfire risk and public safety power shutoffs.
T rabuco Canyon Water District Master Plan and Condition Assessment, T rabuco Canyon, CA
GIS Analyst. Mr. Eichmiller developed deliverables for this project which involves field and desktop condition assessment data for several lift stations, pump stations, water and wastewater treatment plants.
Project Role
Data Management and Planning
GIS Mapping and Analysis
Investigations and Condition
Assessment
Education
BA, Geography, Indiana University
Areas of Expertise
• Geographic Information
Systems
• Asset Management
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 203
Max Sugarman
Statistical Learning/Machine Learning
Mr. Sugarman serves as a Data and GIS Analyst in
Hazen and Sawyer’s Los Angeles Office. He has over
10 years of experience working in the civic,
environmental, scientific, GIS, and education
areas. Proficient in Python, GIS software, and
Power BI visualization tools, he excels in delivering
accurate technical research and analysis. He has
worked on applied spatial machine projects to
address homelessness in Los Angeles County,
support mapping for autonomous vehicles, and
develop analysis and asset management
dashboards for local water agencies.
Master Plan, Santa Clarity Valley Water, Santa Clarita, CA Mr. Sugarman was a GIS and Data Analyst for the Santa Clarita Valley’s master plan. The project involved the development of a maps, spatial analyses, and Power BI dashboards for asset management and water quality within the master plan. He supported the cleaning and process - ing of asset data, the mapping of assets and forced mains, the spatial analysis of pipelines in InfoAssetPlanner and ArcGIS Pro and developed a Power BI Dashboard for asset management. He also developed a custom Power BI Dashboard to visualize and summarize the water quality for the agency.
Experience Prior to Hazen
Locating Vulnerable Populations, Los Angeles County; Los Angeles, CA Worked with Los Angeles County and Vexcel Imaging to identify encamp- ments in high-risk disaster areas using GIS and machine learning tech - niques. Used Numpy, OpenCV, GDAL, Rasterio, and Matplotlib libraries in Python and Deep Learning in ArcGIS Pro to analyze aerial imagery, perform spectral analysis, and identify over 100 encampment locations.
Tested model with Vexcel’s Python API and ArcPy to reach a greater than 80% accuracy rate.
Education
M.S., Geographic Information
Science, California State
University Long Beach, Long
Beach, CA
M.S., Science Education, Fordham
University, New York, NY
B.S., Environmental Science and
Resource Management,
University of Washington, Seattle,
WA
Areas of Expertise
• GIS
• Data Analysis
Professional Activities
URISA (Urban and Regional
Information Systems Association)
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 204
Tori Yokoyama, PE
Field Inspection Program
Mr. Yokoyama has extensive experience
developing hydraulic models, performing
hydraulic analyses, and preparing master plan
reports for various public sector clients.
T rabuco Canyon Water District Water Master Plan
Project Manager. The 2022 System-wide Master Plan Update and Condi- tion Assessment provides comprehensive documentation, analysis, and recommendations for the water system, non-domestic water system, and sewer system including a calibrated GIS-based hydraulic model for each system. The Master Plan developed a Capital Improvement Program (CIP) that identifies the recommended projects needed to ensure that the Dis- trict continues to provide safe, reliable, and efficient water, non-domes- tic water, and sewer service to its customers.
Leakage Reduction Project for American Water/California Energy Commission, California American Water, Los Angeles, San Diego, and Ventura, California Service Areas
Project Manager of the $1.5M project funded by California Energy Com- mission called “Demonstrating Innovative Leakage Reduction Strategies:
Correlating Continuous Acoustic Monitoring, Satellite Imagery and Flow Sensitive Pressure Reducing Valve Systems.” The project deployed mul- tiple leak detection and leak prevention technologies in California Amer- ican Water systems in Los Angeles, San Diego, and Ventura. Technologies were deployed over a 12-month duration. Tasks included coordinating field work conducted by vendors and California American operations staff, logging and maintaining field results, developing a graphical user interface to track technologies and leak reporting, working with vendors to improve technologies, and preparing a final report.
Chino Hills Water and Recycled Water Master Plan, Chino Hills, CA Project Manager. Hazen and Sawyer completed the City’s Water and Recy- cled Water Master Plan Update. The City’s goal was to create a comprehen- sive updated Citywide water and recycled water master plan complete with a new GIS-based hydraulic model and mapping tools. The document and the new modeling system is a guide for planning, operating, and maintain- ing the City’s water and recycled water systems and infrastructure. The proposed CIP evaluated the City’s water and recycled water system and identified recommended projects through year 2045. Major scope elements included hydraulic model development and calibration (InfoWater), system analysis, condition assessment of high priority facilities, Urban Water Management Plan, Water Shortage Contingency Plan, Master Plan final report, and a prioritized Capital Improvement Program.
Education
BS, Civil Engineering, California
State Polytechnic University, San
Luis Obispo
Certification/License
Professional Engineer
Areas of Expertise
• Pipelines
• Pump Stations
• Reservoirs
• Master Plans
• Hydraulic Modeling
Professional Activities
CA-NV AWWA
OCWA
ASCE
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 205
Arthur Moncrieffe, Jr., EIT
Statistical Analysis/Machine Learning
Mr. Moncrieffe specializes in GIS geoprocessing,
model building, and data analysis.
He has extensive experience in data modeling with Power BI, coding and scripting. He leveraged these skills to update an RO system data model for the Sweetwater Authority and is currently working on the development of a LSL Inventory for Sweetwater Authority, CA.
Lead and Copper Rule Revisions, Los Angeles Department of Water and Power, Los Angeles CA
Records Research & Gap Analysis and Service Line Inventory/GIS for LADWP’s evaluation of historical lead service line use and code reviews, development of an LSL inventory in GIS, use of alternative verification methods (predictive modeling and geospatial statistical analysis), fund- ing assistance, and communications with DDW.
Lead and Copper Rule Revisions, Sweetwater Authority, San Diego, CA Service Line Inventory/GIS on Sweetwater Authority’s LCRR Compliance Program, involving creation of an LSL Inventory, LSL identification action plan, compliance sampling plan, and development of sampling protocols for schools and childcare facilities.
Water Master Plan Update and GIS Conversion Project, City of Chino, Chino, San Bernardino County, CA
Assistant Engineer. Key components of this project include the creation of a GIS geodatabase of the City’s potable water distribution system, preparation of a Water Master Plan Report, and completion of a Risk and Resiliency Assess- ment for compliance with America’s Water Infrastructure Act requirements.
Facility Planning Services - T ask 1 2nd Aqueduct Diversion Complex and Operations Planning Study, San Diego County Water Authority, CA Arthur created GIS figures for final report. This included detailed site maps of the Diversion Complex, environmental figures to be used in CEQA analy- ses of project alternatives, site layouts delineating footprint, piping alignments, property acquisition, construction and final facility access, and construction details to facilitate detailed alternatives analyses and cost estimates.
Facility Planning Services - T ask 2 First Aqueduct Bifurcations Study, San Diego County Water Authority, CA
Arthur created GIS figures of bifurcation locations, GIS site visit figures and GIS construction access figures. Arthur assist in the bifurcation reha- bilitation alternatives evaluation by establishment of criteria, coordination weighting with the client, and computing weighted scores on the prioriti- zation of bifurcation projects.
Education
MS, Environmental Engineering,
University of Pittsburgh
Certification/License
Engineer-in- Training
NASSCO Certified: PACP , LACP ,
and MACP
Areas of Expertise
• Water/Wastewater Pipeline
Design
• Sewer Rehabilitation/Asset
Management
• AutoCAD
• GIS
• Primavera P6
• PowerBI
• InfoWater
Professional Activities
American Society of Civil
Engineers
Water Environment Federation
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 206
Opportunity Number
Malia Turner
Statistical Analysis/Machine Learning
Ms. Turner is a principal business analyst at
Hazen. After finishing her master’s degree in
analytics, she is now working with the asset
management group conducting data analysis
and creating data visualization solutions for our
clients.
Lead and Copper Rule Revisions, Los Angeles Department of Water and Power, Los Angeles CA
Ms. Turner performed Predictive Modeling for LADWP’s evaluation of historical lead service line use and code reviews, development of an LSL inventory in GIS, use of alternative verification methods (predictive modeling and geospatial statistical analysis), funding assistance, and communications with DDW.
Raleigh Water Sewer Main Failure Prediction and Analysis, Raleigh, NC Practicum Team Lead. Led a team of 3 other graduate students at the Institute for Advanced Analytics at North Carolina State University through an 8-month practicum project partnering with Raleigh Water.
The project centered on 4 objectives relating to sewer pipeline assessment and predicting the condition of 1,800 miles of existing sewer pipes. The primary objective was to assign failure probabilities to all uninspected sewer mains within Raleigh Water’s system based on GIS pipe attributes and sewer main inspection data. Advanced data inference algorithms were used to clean and infer missing data allowing for more accurate machine learning model predictions. Machine learning algorithms were used to identify key variables in sewer main failure. The models were also ensembled to assign predicted probabilities of sewer main failure to all existing sewer pipes. The predictive model will aid Raleigh Water in more quickly identifying failing sewer mains to prevent major disrup- tions to sewer service in the Raleigh area. An interactive Power BI Dash- board presents the predictive model results giving Raleigh Water the ability to view sewer pipeline metrics and inspection status.
Phase 1: Lead Service Line Replacement Plan and Inventory Assistance, Miami-Dade County Water and Sewer Department, FL Business Analyst. Miami-Dade County is one of the largest public utilities in the United States, serving 2.3 million residents. Hazen is assisting the County with developing a Lead Service Line (LSL) Inventory and Replace- ment Plan. This includes the development of a service line identification strategy using a likelihood analysis, extensive collaboration with the County to develop identification criteria, and the establishment of a detailed replacement strategy.
Education
MS in Analytics, North Carolina
State University
BS- International Economics and
Spanish, University of Kentucky
T echnical Publications
Turner, M. “Future Pensions to
Diminish – Bank of Spain
Assessment Sparks Backlash.”
U.S. Embassy Madrid, Madrid,
Spain, July 2015
Turner, M., Hagan, H., Wood, R.,
McCarthy, B., Yong, K. “Putin’ All
Your Eggs in One Basket” An
assessment of Russia’s economy
as a rising power. University of
Kentucky, Lexington, KY, May
2016
Turner, M., Woldorff, C., Dean, A.,
Boozer, C. “ Raleigh Water Sewer
Main Failure Prediction and
Analysis.” North Carolina State
University, Raleigh, NC, April 2021
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 207
Anissa Rafeh
Customer Communications
Ms. Rafeh is a versatile, deadline-focused
communications strategist who specializes in
creating and disseminating important and
technical environmental information to varying
audiences through a variety of digital and print
channels.
She has led numerous outreach campaigns at the local and national lev - el on a wide range of environmental topics, including PFAS, Lead and Copper Rule Revisions, harmful algal blooms, and updated water quali - ty criteria, to name a few.
Lead and Copper Rule Revision Outreach, City of T empe, AZ Communications Lead. Coordinated with the Hazen Drinking Water team to develop outreach materials for the City of Tempe in Arizona. Outreach materials drafted and reviewed included a two-page educational handout on the health effects of lead and a step-by-step guide on how to reduce exposure. A survey on service line materials was drafted and a postcard created to send to residents explaining the survey’s intent, with a QR code that leads straight to the online survey. A three-page sampling instruction handout was written for digital and print use. Worked with the graphic design team to develop a graphic of a Tempe home to facilitate service line identification as well as a graphic to help explain the sampling procedure.
Virginia PFAS T ask Force, Commonwealth of Virginia, VA Lead Public Information Officer. Primary communications lead for the task force, which consisted of the Virginia Department of Environmen - tal Quality (DEQ), the Virginia Department of Health (VDH), and Henri- co County. Communications materials included a detailed, interactive story map that pinpointed all the locations of PFAS exceedances in the state, putting the numbers in context so the general public could under- stand, and also included definitions of the various types of PFAS. A comprehensive PFAS webpage was published, which hosted all outreach materials, including a digital information handout, an infographic de - tailing the sources of PFAS, an FAQ document, and links to webinars hosted by members of the task force. Coordinated all media inquiries, drafted news releases, social media posts and email campaigns as need - ed or required.
Education
MA, Political Studies and Public
Administration, American
University of Beirut
BA, Political Science, University
of Richmond
Areas of Expertise
• Campaign strategy
• Writing and editing outreach
materials
• Social media strategy and
content development
• Web content development
Professional Affiliations
Public Relations Society of
America (PRSA) of Richmond:
2017-2022
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 208
Megan Watt, EIT
LSL Replacement Plan
Ms. Watt serves as an Assistant Engineer II for
Hazen and Sawyer’s Los Angeles Office. With 4
years of civil engineering experience, Ms. Watt
has assisted in a wide range of water,
wastewater, and environmental projects.
Ms. Watt has experience in water supply, lead service line impacts and PFAS and Perchlorate emerging contaminants. She has been involved in major complex local, state, and federal projects. Her exceptional ArcGIS and computer skills have been critical in many engineering tasks.
Lead and Copper Rule Revisions, Los Angeles Department of Water and Power, Los Angeles CA
Ms. Watt served as Service Line Inventory/GIS for LADWP’s evaluation of historical lead service line use and code reviews, development of an LSL inventory in GIS, use of alternative verification methods (predictive modeling and geospatial statistical analysis), funding assistance, and communications with DDW.
Lead and Copper Rule Revisions, Sweetwater Authority, San Diego, CA Ms. Watt developed the Identification Action Plan and Sampling Plan for Sweetwater Authority’s LCRR Compliance Program, involving creation of an LSL Inventory, LSL identification action plan, compliance sampling plan, and development of sampling protocols for schools and childcare facilities.
Lead Service Line Replacement Program, City of Newark, Newark, NJ Ms. Watt provided engineering support for City of Newark’s $185 million Lead Service Line Replacement (LSLR) Program the goal of the program is to remove 24,000+ lead service lines throughout the city, replacing them with copper pipes to ensure clean, safe and reliable drinking water at no cost to all Newark residents. Ms. Watt managed applications to the program, contacted residents, reviewed eligible homes, and conducted monthly sampling at designated homes. The original 8-year program began in May 2018 and was accelerated in September 2019 to be com - pleted within 24 to 30 months.
Education
B.S., Civil and Environmental
Engineering, Rutgers University,
New Brunswick, NJ
Certification/License
Engineer in Training
Professional Affiliations
ASCE LA YMF – Community
Service Chair
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 209
Melanie Warren, PE
Sampling Plans
Ms. Warren is a registered professional engineer
in Colorado and her professional background
includes consulting as well as positions at public
utilities in their treatment engineering and
water quality departments.
With over 4 years of experience, she has held roles in program manage - ment and project engineering roles for lead service line replacement pro- grams, lift stations, treatment plants, water resources conveyance in - frastructure, and storm drain, sewer collection, and water distribution systems.
Denver Water Lead Reduction Program, Denver Water, Denver, CO Ms. Warren served as the Project Element Manager leading the water quality element for Denver Water’s 15-year, $12 million dollar per year lead service line replacement program. Her responsibilities extended across all five key components of the program, necessitating collabora - tion with the various teams: pH adjustment and optimized corrosion control treatment, lead service line inventory development and manage- ment, lead service line replacement, the filter program, and customer communications, outreach, and engagement.
Throughout Years 1 to 3, Ms. Warren played a fundamental role in pro - gram start-up and implementation, overseeing a $3.7 million dollar con- tract between Denver Water and its Subcontractors. Her expertise spans a range of areas, including developing Request for Proposal (RFP) docu- ments for water quality distribution and analysis, establishing key ele - ment workflows and processes, using results from lead levels ininvesti - gative water quality samples to make informed decisions about service line materials, and ensuring effective customer communications.
As an element lead, she was responsible for drafting program contracts, change orders, and addendums, maintaining the element’s budget and fee, calculating program metrics for dashboards and reporting, devel - oping and managing water quality kit distribution schedules, developing and performing quality assurance / quality control procedures on water quality data transfer, and preparing program management plans, tech - nical memorandum, and regulatory reports for Colorado Department of Public Health and Environment (CDPHE) and the Environmental Protec- tion Agency (EPA).
Education
M.S., Environmental Engineering,
University of Colorado Boulder,
Boulder, CO
B.S., Environmental Engineering,
University of Colorado Boulder,
Boulder, CO
Minor in Business, University of
Colorado Boulder, Boulder, CO
Certificate in Water Engineering &
Management, University of
Colorado Boulder, Boulder, CO
Certificate in Global Engineering,
University of Colorado Boulder,
Boulder, CO
Certification/License
Professional Engineer
Areas of Expertise
• Drinking Water Treatment
• Wastewater Treatment
• Lift Station Design
• Sewer and Storm Drain
Collection Systems
• Water Distribution Systems
• Condition Assessment
• Services During Construction
• Database Management
• Water Quality and Corrosion
Research
Professional Activities
WEF
California Water Environment
Association (CWEA)
WateReuse California
AWWA
WateReuse Colorado (previous)
Engineers Without Borders
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 210
Education
MBA, Sonoma State University,
Rohnert Park, CA
BS, Environmental Science,
Sonoma State University,
Rohnert Park, CA
Certification/License
PMP
Areas of Expertise
• Grant development and
proposal writing
• Program development
• Project Managemen
Lisa Hulette, PMP
Funding
Ms. Hulette serves as Hazen’s Western Region’s Funding
Lead. She brings more than 20 years of experience
leveraging public and private funding for multi-benefit programs and successfully fostering collaborations
between diverse stakeholders.
Prior to joining Hazen, Lisa was the Grant Manager for the County of Sonoma and led a team that successfully secured a $37 Million grant from FEMA’s Building Resil- ience Infrastructure and Communities Grant Program, which was one of thirteen awarded through this funding and announced by President Biden as a model project to mitigate regional hazards in the western United States.
Sweetwater Authority, CA
State Revolving Fund Loan for Lead Service Line Inventory and Replacement Los Angeles Department of Water and Power, CA
State Revolving Fund Loan for Lead Service Line Inventory and Replacement Indio Water Authority, CA
Developing a funding strategy (i.e., loans and grants) to address emerging contam - inants (i.e., PFAS and Chromium6)
Water Replenishment District, CA
State Revolving Fund Loan and U.S. Bureau of Reclamation Desalination Construction Grant
Union Sanitary District, CA
Developed a grant funding strategy and wrote and submitted a successful grant appli- cation to the U.S. Environmental Protection EPA’s San Francisco Bay Water Quality Improvement Program for USD Enhanced Treatment and Site Upgrade project.
County of Napa, CA
Led a multi-department team at the County of Napa and in coordination with the Napa County Firewise Foundation to request $50 M from FEMA’s Building Resilient Infra- structure and Communities (BRIC) grant program with the goal of reducing risk from wildfire and flooding by hardening infrastructure and reducing hazardous fuel loads.
City of Sebastopol, CA
Developing a funding strategy (i.e., loans and grants) to increase the City’s water storage capacity to meet the demand of an expanding local population.
San Francisco Public Utilities Commission
Leading a team to identify appropriate and available funding opportunities for the PUC’s highest priority capital projects.
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Appendix B
Professional Services Agreement
Acknowledgement
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Hazen has reviewed the sample copy of MWDOC’s professional services agreement provided as an attachment to the RFP and is willing to accept the agreement terms and conditions, with the following modifications respectfully requested. Should Hazen be selected for this project, we would negotiate final contract language with MWDOC.
I. PURPOSE AND SCOPE OF WORK
Paragraph B, Independent Contractor
Revise second paragraph to read, “CONSULTANT shall conduct backgrounds checks if required by DISTRICT.”
V. TERMINATION
Revise paragraph as follows:
Each PARTY may terminate this AGREEMENT at any time upon thirty (30) days written notice to the other PARTY, except as provided otherwise in Exhibit "B.” In the event of termination: (1) all work product prepared by or in custody of CONSULTANT shall be promptly delivered to DISTRICT; (2) DISTRICT shall pay CONSULTANT all payments for services performed and due under this AGREEMENT on the effective date of termination; (3) CONSULTANT shall promptly submit a final invoice to the DISTRICT, which shall include any and all non-cancelable obligations owed by CONSULTANT at the time of termination, (4) neither PARTY waives any claim of any nature whatsoever against the other for any breach of this AGREEMENT; and; (6) DISTRICT and CONSULTANT agree to exert their best efforts to expeditiously resolve any dispute between the PARTIES.
VI. INSURANCE REQUIREMENTS
Paragraph C, Other Insurance
Revise paragraph to include the word “NEGLIGENT” as follows:
CONSULTANT will file with DISTRICT, before beginning professional SERVICES, ACORD certificates of insurance, or other certificates of insurance satisfactory to DISTRICT, evidencing general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; automobile liability (owned, scheduled, non-owned or hired) of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring 30 days (10 days for non payment of premium) notice of cancellation to DISTRICT. For the coverage required under this paragraph, the insurer(s) shall waive all rights of subrogation against DISTRICT, and its directors, officers, agents, employees, attorneys, consultants or volunteers. CONSULTANT’s insurance coverage shall be primary insurance as respects DISTRICT, its directors, officers, agents, employees, attorneys, consultants and volunteers for all liability arising out of the NEGLIGENT activities performed by or on behalf of the CONSULTANT. Any insurance pool coverage, or self-insurance maintained by DISTRICT, and its directors, officers, agents, employees, attorneys, consultants or volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute to it.
VII. INDEMNIFICATION
Revise this section as follows:
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To the fullest extent permitted by applicable law Civil Code Section 2782.8, CONSULTANT shall indemnify and hold harmless DISTRICT, its officers, Directors and employees and authorized volunteers from and against claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and shall not exceed CONSULTANT’s proportionate percentage of fault.
XII. OWNERSHIP OF DOCUMENTS AND DISPLAYS
Add the following sentence at the end of first paragraph: “Reuse of documents by DISTRICT or others on extensions or modifications of this Project or on other sites or use by others on this Project, shall be at the user's sole risk, without liability to CONSULTANT.” XVI. ATTORNEYS’ FEES
Revise paragraph as follows:
In any action at law or in equity to enforce any of the provisions or rights under this AGREEMENT, the prevailing PARTY shall be entitled to recover from the unsuccessful PARTY all costs, expenses and reasonable attorney’s fees incurred therein by the prevailing PARTY as determined by a court of competent jurisdiction.
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 214
Hazen and Sawyer
800 West 6th Street, Suite 400 • Los Angeles, CA 90015 DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 215
z-fold guideLeft panel seen
when folded
RFP ENG. 2023-01 /bar.cap September 13, 2023
Proposal Amendment
Assistance with Completion and Submission of
Lead and Copper Rule Revisions Service Line Inventories for a Number of Orange County Agencies
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 216
Hazen and Sawyer
1 1014-612
Section No. 2
Project Work Plan
The information presented in this document supersedes the Task 10 - Manage (Field) Inspections/ Test Pitting/ Meter Inspections description and associated cost estimates presented in the original proposal submitted by Hazen and Sawyer (Hazen) on July 26, 2023, in response to RFP ENG. 2023-01. At the request of MWDOC, Task 10 has been divided into three separate task options to provide greater flexibility to the Agencies. The three tasks include:
• Task 10A: Manage (Field) Inspections/ Test Pitting/ Meter Inspections. • Task 10B: Field Inspection App Development and Training. • Task 10C: Field Inspection App Development and Training, and Data Integration.
Ta s k 1 0A
Manage (Field) Inspections/ T est Pitting/ Meter Inspections Mobile App: After deploying the ESRI Solutions Lead Service Line Inventory Database, Hazen will develop a customized ArcGIS Field Maps app (Field App) to directly integrate field verification findings into the Lead Service Line Inventory Database. This Field App will cover the required service line verification points as required by DDW. Service line sites may be assigned to Blaine Tech, as desired, within the app platform. Instructions for utilization of the Field App will be included in Task 1’s Training Materials that will be prepared for Blaine Tech.
Training Materials: Hazen will prepare Training Materials for field verification methods describing the locations for service line field verification on the customer-side and utility-side, per DDW. Training Materials will further describe differences in service line materials, responses to field obstacles, and other pertinent information to ensure successful completion of the field work.
Identification Review: Hazen will coordinate with Blaine Tech to review Field App verification submissions in the ArcGIS Online Field Maps QC platform. Each submission, as reviewed, will be designated as one of the fol- lowing: inspected – submitted, inspected – completed, inspected – in progress, or inspected – rejected. Hazen will track Field App fields and high-level Blaine Tech progress in the Field Maps Dashboard. Hazen will provide field assistance as needed and as requested by the Agency.
Managing Customer Coordination: Throughout the field effort, customer education developed during Task 7 will be provided, as requested. Permission gathering may be coordinated early on during Task 8 with property owners through the Customer Survey. Otherwise, permission gathering is recommended at the agency-level involving existing Municipal Code review. Lastly, all customer data and activities will be captured in the Field App following the customized app development process.
Deliverables
• Mobile Field App.
• Field Verification QC Dashboard.
• Customer education, support, permission gathering or data capturing via OC LCRR Water Agencies Part - nership website.
PHASE 2
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Hazen and Sawyer
2 1014-612
Assumptions
• The Field App will be developed through ArcGIS Field Maps app available in the Apple and Google Play app stores. The field app can collect photos of service lines and tests conducted. •
The rate provided in Task 11 will be used for site inspections. The number of site inspections to be deter - mined.
•
C
osts associated with hosting all data in ESRI ArcGIS will be covered by MWDOC or the Water Agency.
Ta s k 1 0 B
Field App Development and T raining
Mobile App: After deploying the ESRI Solutions Lead Service Line Inventory Database, Hazen will develop a customized ArcGIS Field Maps app to directly integrate field verification findings into the Lead Service Line Inventory Database. This Field Maps app will cover the required service line verification points as required by DDW.
Training Materials: Hazen will prepare Training Materials for field verification methods describing the locations for service line field verification on the customer-side and utility-side, per DDW. Training Materials will further describe differences in service line materials, responses to field obstacles, and other pertinent information to ensure successful completion of the field work.
Deliverables
• M obile Field App.
•
T
raining Materials.
Assumptions
• The Field App will be developed through ArcGIS Field Maps app available in the Apple and Google Play app stores. The field app can collect photos of service lines and tests conducted. •
C
osts associated with hosting all data in ESRI ArcGIS will be covered by MWDOC or the Water Agency. •
C
ustomer engagement is not included in this task.
•
F
ield program management services are not included in this task. •
F
ield inspections are not included in this task.
Ta s k 1 0 C
Field App Development, T raining, and Data Integration
Mobile App: After deploying the ESRI Solutions Lead Service Line Inventory Database, Hazen will develop a customized ArcGIS Field Maps app to directly integrate field verification findings into the Lead Service Line Inventory Database. This Field Maps app will cover the required service line verification points as required by DDW.
Training Materials: Hazen will prepare Training Materials for field verification methods describing the locations for service line field verification on the customer-side and utility-side, per DDW. Training Materials will further describe differences in service line materials, responses to field obstacles, and other pertinent information to ensure successful completion of the field work.
PHASE 2
PHASE 2
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 218
Hazen and Sawyer
3 1014-612
Assistance with Completion and Submission of LCRR Service Line Inventories for a Number of Orange County Agencies Data Integration: Hazen will provide scripting to automatically extract data from ESRI ArcGIS in the agency’s own format to be readily integrated into the Hazen developed database and inventory.
Deliverable s
• M obile Field App.
•
T
raining Materials.
•
Sc
ripting.
Assumptions
• The Field App will be developed through ArcGIS Field Maps app available in the Apple and Google Play app stores. The field app can collect photos of service lines and tests conducted. •
C
osts associated with hosting all data in ESRI ArcGIS will be covered by MWDOC or the Water Agency. •
C
ustomer engagement is not included in this task.
•
F
ield program management services are not included in this task. •
F
ield inspections are not included in this task.
T asks 10A – 10C Budget Summary Proposal
Category Level of Effort Cost Savings (Per Agency) for
10+ Agency Agreements
10a. Manage (Field) Inspections/T est
Pitting/Meter Inspections
$76,630 High
25%$63,840 Med
$51,050 Low
10b. Field App Development and
T raining
$38,060 High
15%$31,270 Med
$24,490 Low
10c. Field App Development, T raining,
and Data Integration
$46,820 High
10%$38,640 Med
$30,460 Low
Level of Effort Assumptions
T asks 10A - 10C: Level of Effort Considerations:
• L ow level of effort: No. of Service Connections = 1-20,000 •
M
edium level of effort: No. of Service Connections = 20,001-40,000 •
H
igh level of effort: No. of Service Connections = 40,001+ DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 219
4 Project Work Plan
1014-612
Hazen and Sawyer
T asks 10A – 10C Cost Estimate Breakdown Tasks 10A – 10C Cost Estimate Breakdown
Program
Manager
Technical
Advisor
Project
Engineer GIS/IT Assistant
Engineer II
Assistant
Engineer I
Hazen
Labor
Hours
Labor
Cost ODCs
TOTAL FEE
(LOW LEVEL
OF EFFORT)
$325 $290 $200 $175 $170 $150
Task 10A: Manage (Field) Inspections / Test Pitting / Meter Inspections 10 4 26 32 112 112 296 $ 51,050 $ - $51,050 Task 10B: Field App Development and Training 4 2 12 16 60 48 142 $ 24,480 $ - $24,480 Task 10C: Field App Development, Training, and Data Integration 6 12 12 26 64 48 168 $ 30,460 $ - $30,460
Program
Manager
Technical
Advisor
Project
Engineer GIS/IT Assistant
Engineer II
Assistant
Engineer I
Hazen
Labor
Hours
Labor
Cost ODCs
TOTAL FEE
(MEDIUM
LEVEL OF
EFFORT)
$325 $290 $200 $175 $170 $150
Task 10A: Manage (Field) Inspections / Test Pitting / Meter Inspections 12 6 32 40 140 140 370 $ 63,840 $ - $63,840 Task 10B: Field App Development and Training 6 3 16 20 75 60 180 $ 31,270 $ - $31,270 Task 10C: Field App Development, Training, and Data Integration 8 16 16 32 80 60 212 $ 38,640 $ - $38,640
Program
Manager
Technical
Advisor
Project
Engineer GIS/IT Assistant
Engineer II
Assistant
Engineer I
Hazen
Labor
Hours
Labor
Cost ODCs
TOTAL FEE
(HIGH LEVEL
OF EFFORT)
$325 $290 $200 $175 $170 $150
Task 10A: Manage (Field) Inspections / Test Pitting / Meter Inspections 14 8 38 48 168 168 444 $ 76,630 $ - $76,630 Task 10B: Field App Development and Training 8 4 20 24 90 72 218 $ 38,060 $ - $38,060 Task 10C: Field App Development, Training, and Data Integration 10 20 20 38 96 72 256 $ 46,820 $ - $46,820
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 220
Hazen and Sawyer
800 West 6th Street, Suite 400 • Los Angeles, CA 90015 DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 221
Exhibit C
List of Participating Agencies1
MWDOC Choice Shared Services Program for Lead and Copper Rule Revision Service Line Inventory Development
Agency
1 Anaheim, City
2 El Toro Water District
3 Fountain Valley, City
4 Fullerton, City
5 Garden Grove, City
6 La Habra, City
7 La Palma, City
8 Orange, City
9 San Clemente, City
10 Seal Beach, City
11 South Coast Water District
12 Westminster, City
13 Yorba Linda Water District
1 The list of PARTICIPATING AGENCIES is subject to modification by addendum executed by the PARTIES.
DocuSign Envelope ID: 12A52CF7-EE26-44A1-B6EB-DBE846D6E195 222
Exhibit B
223
Exhibit B – Participating Agency Task Selections and Costs
Project Name: Lead and Copper Rule Revisions Service Line Inventories Agency: Orange
Date: 10/23/2023
Task 1 Low 26,830$ 10,732$ 16,098$ Task 2 Low 13,950$ 2,790$ 11,160$ Task 3 Medium 36,510$ 7,302$ 29,208$ -$ -$ -$
-$ -$ -$
-$ -$ -$
Task 7 Medium 11,440$ -$ 11,440$ Task 8 Medium 38,980$ -$ 38,980$ -$ -$ -$
-$ -$ -$
-$ -$ -$
Task 12 Low 4,870$ -$ 4,870$ 132,580$ 20,824$ 111,756$
Cost Savings Total
Task 6: Assistance with Data Analysis
Selection Cost by Task
Task 1: Project Administration and Progress Reporting
Task 2: Assistance with Data Gathering, Records Review, and Historical Code Review Task 3: Develop Lead Service Line Inventory Database and Initial Inventory Task 4: Develop Approach for Alternative Material Verification Methods and Submit to DDW for Approval Task 5: Apply Division of DDW Approved Alternative Verification Methods Total
Task 7: Customer Communications
Task 8: Develop and Implement Private Property Owner Self-Verification Task 9: Develop LSL Replacement Plan
Task 10A: Manage (Field) Inspections/ Test Pitting/ Meter Inspections Task 11: Provide Field Inspection Personnel to Assist with Physical Visual Verifications (Hourly Rate) Task 12: Population of DDW Inventory Template and SLI Submission 224
Agenda Item
City Council
Item #: 3.5. 1/9/2024 File #: 24-0001
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
1. SUBJECT
First Amendment to the Agreement with RHA Landscape Architects Planners, Inc. for the Hart Park Pickleball and Fitness Circuit Project.
2. SUMMARY
In November 2022, the City Council awarded an agreement to RHA Landscape Architects Planners, Inc. for design services for the Capital Improvement Project, Hart Park Pickleball and Fitness Circuit Project (20315). After pickleball design plans, environmental review, and construction documents are complete and approved, staff recommends the City amend the agreement with RHA Landscape Architects Planners, Inc. to provide construction administrative services.
3. RECOMMENDED ACTION
Approve amendment with RHA Landscape Architects Planners, Inc. in an amount not to exceed $34,610 for construction administrative services and additional electrical design services for Hart Park Pickleball and Fitness Circuit Project (20315); and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this contract is $291,702 and will be funded in Hart Park Pickleball and Fitness Circuit Project (20315) through:
Park Acquisition (Infill) (510) account 510.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir
$91,702
Park Acquisition and Development (Quimby) (511) account 511.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir 200,000
Total: $291,702
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.
6. DISCUSSION AND BACKGROUND
To fulfill the recreational needs of the surging pickleball community in Orange, as well as provide a space for additional walking paths and exercise equipment, the Capital Improvement Project (CIP) City of Orange Printed on 1/4/2024Page 1 of 2
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Item #: 3.5. 1/9/2024 File #: 24-0001
space for additional walking paths and exercise equipment, the Capital Improvement Project (CIP) titled Hart Park Pickleball and Fitness Circuit was approved for $2,750,000 in Fiscal Year 2022-23.
Project elements include:
· Multiple lighted pickleball courts, including fencing and windscreens · Shaded outdoor fitness equipment
· Paved access to courts and amenities
· Area and pathway lighting
· Shaded spectator seating
The City Council awarded a contract to RHA Landscape Architects Planners, Inc. (RHA) for design services on November 15, 2022.
Design services were divided into two phases. Phase 1 involved the process of designing the pickleball courts and amenities, including completing the California Environmental Quality Act (CEQA) Notice of Exemption (NOE). As this project has received funding through a federal earmark, the City was also required to complete an additional environmental review, a Finding of No Significant Impact (FONSI), consistent with the National Environmental Policy Act (NEPA). CEQA and NEPA are anticipated to be completed and approved in early 2024. Phase 2 of design services included the development of biddable construction documents.
Once CEQA, NEPA, and the biddable construction documents are finalized, a Request for Bids (RFB) for construction can be drafted. Due to workload capacity and in an effort to produce a comprehensive RFB, select a construction bid most responsive to the RFB, and efficiently coordinate the construction process, staff is recommending the City amend RHA’s agreement to provide construction administrative services for the project.
Construction administrative services include bidding coordination, bid submittal review (in conjunction with staff), construction coordination, site visits during construction, field reports, and review and coordination of requests for information and change order requests. The proposed cost for construction administrative services is $31,710. In addition to providing construction administrative services, the amendment also includes a fee of $2,900 to address changes to electrical needs based on revised design plans.
Staff is recommending the City Council approve the first amendment to the agreement with RHA in the amount not-to-exceed $34,610 for the Hart Park Pickleball and Fitness Circuit project.
Construction administration and design services for the project are funded in Hart Park Pickleball and Fitness Circuit Project (20315) through Park Acquisition (Infill) (510) and Park Acquisition and Development (Quimby) (511). The current appropriation is sufficient to cover this expense. Two million dollars secured in federal funding will be used for construction.
7. ATTACHMENTS
· First Amendment to the Agreement with RHA
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226
Agenda Item
City Council
Item #: 3.5. 1/9/2024 File #: 24-0001
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
1. SUBJECT
First Amendment to the Agreement with RHA Landscape Architects Planners, Inc. for the Hart Park Pickleball and Fitness Circuit Project.
2. SUMMARY
In November 2022, the City Council awarded an agreement to RHA Landscape Architects Planners, Inc. for design services for the Capital Improvement Project, Hart Park Pickleball and Fitness Circuit Project (20315). After pickleball design plans, environmental review, and construction documents are complete and approved, staff recommends the City amend the agreement with RHA Landscape Architects Planners, Inc. to provide construction administrative services.
3. RECOMMENDED ACTION
Approve amendment with RHA Landscape Architects Planners, Inc. in an amount not to exceed $34,610 for construction administrative services and additional electrical design services for Hart Park Pickleball and Fitness Circuit Project (20315); and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this contract is $291,702 and will be funded in Hart Park Pickleball and Fitness Circuit Project (20315) through:
Park Acquisition (Infill) (510) account 510.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir
$91,702
Park Acquisition and Development (Quimby) (511) account 511.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir 200,000
Total: $291,702
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.
6. DISCUSSION AND BACKGROUND
To fulfill the recreational needs of the surging pickleball community in Orange, as well as provide a space for additional walking paths and exercise equipment, the Capital Improvement Project (CIP) City of Orange Printed on 1/4/2024Page 1 of 2
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227
Item #: 3.5. 1/9/2024 File #: 24-0001
space for additional walking paths and exercise equipment, the Capital Improvement Project (CIP) titled Hart Park Pickleball and Fitness Circuit was approved for $2,750,000 in Fiscal Year 2022-23.
Project elements include:
· Multiple lighted pickleball courts, including fencing and windscreens · Shaded outdoor fitness equipment
· Paved access to courts and amenities
· Area and pathway lighting
· Shaded spectator seating
The City Council awarded a contract to RHA Landscape Architects Planners, Inc. (RHA) for design services on November 15, 2022.
Design services were divided into two phases. Phase 1 involved the process of designing the pickleball courts and amenities, including completing the California Environmental Quality Act (CEQA) Notice of Exemption (NOE). As this project has received funding through a federal earmark, the City was also required to complete an additional environmental review, a Finding of No Significant Impact (FONSI), consistent with the National Environmental Policy Act (NEPA). CEQA and NEPA are anticipated to be completed and approved in early 2024. Phase 2 of design services included the development of biddable construction documents.
Once CEQA, NEPA, and the biddable construction documents are finalized, a Request for Bids (RFB) for construction can be drafted. Due to workload capacity and in an effort to produce a comprehensive RFB, select a construction bid most responsive to the RFB, and efficiently coordinate the construction process, staff is recommending the City amend RHA’s agreement to provide construction administrative services for the project.
Construction administrative services include bidding coordination, bid submittal review (in conjunction with staff), construction coordination, site visits during construction, field reports, and review and coordination of requests for information and change order requests. The proposed cost for construction administrative services is $31,710. In addition to providing construction administrative services, the amendment also includes a fee of $2,900 to address changes to electrical needs based on revised design plans.
Staff is recommending the City Council approve the first amendment to the agreement with RHA in the amount not-to-exceed $34,610 for the Hart Park Pickleball and Fitness Circuit project.
Construction administration and design services for the project are funded in Hart Park Pickleball and Fitness Circuit Project (20315) through Park Acquisition (Infill) (510) and Park Acquisition and Development (Quimby) (511). The current appropriation is sufficient to cover this expense. Two million dollars secured in federal funding will be used for construction.
7. ATTACHMENTS
· First Amendment to the Agreement with RHA
City of Orange Printed on 1/4/2024Page 2 of 2
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228
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
[Hart Park Pickleball and Fitness Circuit Design Services (Bid No. 22-23.03)]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _________________, 20___, by and between the CITY OF ORANGE, a municipal corporation (“City”), and RHA LANDSCAPE ARCHITECTS-PLANNERS, a California corporation (“Contractor”), with reference to the following:
A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7441) dated as of November 15, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Services and increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.
Section 3. Revised Scope of Services . The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.d of the Original Agreement is increased by THIRTY-FOUR THOUSAND SIX HUNDRE D TEN DOLLARS and 00/100 ($ 34,610.00) and Section 2. d is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED NINETY-ONE THOUSAND SEVEN
HUNDRED TWO DOLLARS and 00/100 ($291,702.00) without the prior written authorization of City.”
Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall 229
2 remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
RHA LANDSCAPE ARCHITECTS CITY OF ORANGE, a municipal corporation -PLANNERS, a California corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
√
230
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
231
68 4 0 INDIANA AVENUE, SUITE 100 , RIVERSIDE, CALIFORNIA 92506 (951) 781 - 1930 LICENSE # 2799
A U T H O R I Z A T I O N F O R A D D I T I O N A L W O R K
TO: Date:
Project:
RHA Project No.
Authorization No.
Dear Nathan,
RHA Landscape Architects -Planners, Inc. has developed the following scope of services and fee schedule for landscape architectural services required on the Hart Park Pickleball Courts project. These services are being provided to you in addition to the original contract at your request.
Scope of Services
Fee
Nathan Bluhm
City of Orange
Community Services Department
230 E. Chapman Avenue
Orange, CA 92866
October 22, 2023
Hart Park Pickleball Courts
22162
1 1) Electrical design to include:
• Power to refrigerated drinking fountain
• Security lighting mounted to pickleball poles
• Low voltage raceways for future cameras
2) Provide construction administration services to include:
• Bidding Coordination
• Construction Coordination
• Site Visits (9 months at 3 visits per month = 27 visits at 4 hrs ea) • Field Reports
• RFI/COR Review and Coordination
• Submittal Review
1) $2,900
2) $31,710
TOTAL: $34,610
Exhibit "A"
232
Hart Park Pickleball Courts October 22, 2023
Nathan Bluhm Page 2 of 2
RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
This additional work authorization is an addendum to the existing contract. The terms and conditions of the original contract are applicable to this addendum. Subsequent to your review of the above referenced scope of services, please sign and return this form to RHA Landscape Architects-Planners, Inc. A PDF version via email is sufficient.
Cordially, Authorized by:
RHA Landscape Architects-Planners, Inc. Client
Doug Grove, RLA, ASLA, LEED AP By: __________________________________ President
Date: ______________________________
233
Agenda Item
City Council
Item #: 3.6. 1/9/2024 File #: 23-0824
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney
1. SUBJECT
Second Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services relating to litigation defense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al.
2. SUMMARY
The City currently has an agreement with Everett Dorey LLP to provide litigation services for the City’sdefense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al., for an amount not to exceed $230,000. The proposed First Amendment will increase the not to exceed amount by $80,000 for a total amount not to exceed $310,000.
3. RECOMMENDED ACTION
Approve a Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $80,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this amendment is $80,000 and will be funded through Self-Insurance - Liability (740).
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
While the City Attorney’sOffice handles most litigation matters in-house, the City does contract with outside counsel when the complexity of a case, or a significant burden to staff time requires additional staffing expertise.
The Second Amendment of the agreement, to increase the contract by $80,000, will raise the total not to exceed amount to $310,000.
7. ATTACHMENTS
· Second Amendment to Attorney Services Agreement
City of Orange Printed on 1/4/2024Page 1 of 1
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234
Agenda Item
City Council
Item #: 3.6. 1/9/2024 File #: 23-0824
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney
1. SUBJECT
Second Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services relating to litigation defense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al.
2. SUMMARY
The City currently has an agreement with Everett Dorey LLP to provide litigation services for the City’sdefense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al., for an amount not to exceed $230,000. The proposed First Amendment will increase the not to exceed amount by $80,000 for a total amount not to exceed $310,000.
3. RECOMMENDED ACTION
Approve a Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $80,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this amendment is $80,000 and will be funded through Self-Insurance - Liability (740).
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
While the City Attorney’sOffice handles most litigation matters in-house, the City does contract with outside counsel when the complexity of a case, or a significant burden to staff time requires additional staffing expertise.
The Second Amendment of the agreement, to increase the contract by $80,000, will raise the total not to exceed amount to $310,000.
7. ATTACHMENTS
· Second Amendment to Attorney Services Agreement
City of Orange Printed on 1/4/2024Page 1 of 1
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235
SECOND AMENDMENT
TO
ATTORNEY SERVICES AGREEMENT
THIS SECOND AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of __________________, 2023 by and between the CITY OF ORANGE, a municipal corporation (“City”), and EVERETT DOREY LLP (“Law Firm”), with reference to the following:
A. City and Law Firm entered into an Attorney Services Agreement (Agreement No. 7443) dated as of November 30, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Law Firm amended the Original Agreement to increase the compensation by a First Amendment to Attorney Services Agreement (Agreement No. 7443.1) dated April 2 5, 2023, which is incorporated herein by this reference (the “First Amendment”); and
B. City and Law Firm desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Law Firm agree that all references in this Second Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Second Amendment.
Section 3 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section II.A . of the Original Agreement is increased by EIGHTY THOUSAND DOLLARS and 00/100 ($80,000.00) and Section II.A. is hereby amended in its entirety to read as follows:
“City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to this Agreement at the hourly rates set forth in the attached Exhibit “A”.
Total payments for services performed pursuant to this Agreement shall not exceed Three Hundred Ten Thousand Dollars ($310,000.00) without prior approval of City Council of City. A condition precedent to any payment to Law Firm shall be that Law Firm shall submit, at least quarterly, a separate statement of account on each file which clearly sets forth by dates the designated items of work, the work time of each item and amount charged for said work time.”
Section 4. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended her eby, the Original Agreement shall 236
2 remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Agreement , the parties enter into this Second Amendment on the year and day first above written.
“LAW FIRM” “CITY”
EVERETT DOREY LLP CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
*NOTE: If Law Firm is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
√
237
Agenda Item
City Council
Item #: 3.7. 1/9/2024 File #: 24-0020
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief
1. SUBJECT
Participate in a one-time Public Provider Ground Emergency Medical Transportation Intergovernmental Transfer Program with the California Department of Health Care Services.
2. SUMMARY
A request for City Council approval to participate in a one-time Public Provider Ground Emergency Medical Transportation Intergovernmental Transfer Program for the twelve-month period ending December 31, 2024, to access additional Federal Medicaid dollars to support unreimbursed care.
3. RECOMMENDED ACTION
Approve agreements with the California Department of Health Care Services in the amount of $928,426, plus a $92,843 assessment fee to the California Department of Health Care Services for managing the Public Provider Ground Emergency Medical Transportation program, payable in quarterly Intergovernmental Transfers; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
Reimbursable funds of $1,021,268 will be advanced from the General Fund to obtain previously unreimbursed Medicaid revenue of approximately $1,856,851 in add-on payments, resulting in a net benefit of $835,583.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 2: Be a Fiscally Healthy Community
b: Expend fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
An Intergovernmental Transfer (IGT) allows California’s Medi-Cal Managed Care and Fee For Service plans to partner with local units of government to access additional Federal Medicaid dollars and use them to support unreimbursed care and provide health care services. The City has participated in IGT programs for Federal funds for unreimbursed care since 2014. In 2019, AB 1705 was signed into law, creating the Public Provider Ground Emergency Medical Transportation (PP- City of Orange Printed on 1/4/2024Page 1 of 2
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Item #: 3.7. 1/9/2024 File #: 24-0020
was signed into law, creating the Public Provider Ground Emergency Medical Transportation (PP- GEMT) program. Per transport, the total reimbursement under the new PP-GEMT IGT Program is higher than what was received historically under the existing GEMT Quality Assurance Fee (QAF) program, but the provider contribution through the IGTs is also expected to be higher than QAF payments when compared to a per transport basis. These contributions are voluntary; however, if the California Department of Health Care Services (DHCS) determines that the projected amount of voluntary contributions is not sufficient to support the implementation of the program, the program would not be continued in future rating periods. If the program ends, public GEMT providers would revert to reimbursement under existing programs, including the GEMT Certified Public Expenditure (CPE) Supplemental Payment Program (AB 678) and GEMT-QAF (SB 523).
Payments for this program will require four quarterly installments, with the first transfer due in January 2024. Estimates for Calendar Year (CY) 2024 PP-GEMT reimbursements provided by DHCS for Medi-Cal Managed Care and Fee For Service Plans are below.
IGT Contribution from City $928,426
10% Admin Fee $92,843
Total IGT Transfer to DHCS for CY 2024 Program $1,021,268 Estimated unreimbursed IGT Revenue available $1,856,851 Estimated Net Revenue $835,583
7. ATTACHMENTS
· DHCS IGT Certification Form for CY 2024
· DHCS CY 2024 Invoice #1
· Assembly Bill 1705 (AB 1705)
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Agenda Item
City Council
Item #: 3.7. 1/9/2024 File #: 24-0020
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief
1. SUBJECT
Participate in a one-time Public Provider Ground Emergency Medical Transportation Intergovernmental Transfer Program with the California Department of Health Care Services.
2. SUMMARY
A request for City Council approval to participate in a one-time Public Provider Ground Emergency Medical Transportation Intergovernmental Transfer Program for the twelve-month period ending December 31, 2024, to access additional Federal Medicaid dollars to support unreimbursed care.
3. RECOMMENDED ACTION
Approve agreements with the California Department of Health Care Services in the amount of $928,426, plus a $92,843 assessment fee to the California Department of Health Care Services for managing the Public Provider Ground Emergency Medical Transportation program, payable in quarterly Intergovernmental Transfers; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
Reimbursable funds of $1,021,268 will be advanced from the General Fund to obtain previously unreimbursed Medicaid revenue of approximately $1,856,851 in add-on payments, resulting in a net benefit of $835,583.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 2: Be a Fiscally Healthy Community
b: Expend fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
An Intergovernmental Transfer (IGT) allows California’s Medi-Cal Managed Care and Fee For Service plans to partner with local units of government to access additional Federal Medicaid dollars and use them to support unreimbursed care and provide health care services. The City has participated in IGT programs for Federal funds for unreimbursed care since 2014. In 2019, AB 1705 was signed into law, creating the Public Provider Ground Emergency Medical Transportation (PP- City of Orange Printed on 1/4/2024Page 1 of 2
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Item #: 3.7. 1/9/2024 File #: 24-0020
was signed into law, creating the Public Provider Ground Emergency Medical Transportation (PP- GEMT) program. Per transport, the total reimbursement under the new PP-GEMT IGT Program is higher than what was received historically under the existing GEMT Quality Assurance Fee (QAF) program, but the provider contribution through the IGTs is also expected to be higher than QAF payments when compared to a per transport basis. These contributions are voluntary; however, if the California Department of Health Care Services (DHCS) determines that the projected amount of voluntary contributions is not sufficient to support the implementation of the program, the program would not be continued in future rating periods. If the program ends, public GEMT providers would revert to reimbursement under existing programs, including the GEMT Certified Public Expenditure (CPE) Supplemental Payment Program (AB 678) and GEMT-QAF (SB 523).
Payments for this program will require four quarterly installments, with the first transfer due in January 2024. Estimates for Calendar Year (CY) 2024 PP-GEMT reimbursements provided by DHCS for Medi-Cal Managed Care and Fee For Service Plans are below.
IGT Contribution from City $928,426
10% Admin Fee $92,843
Total IGT Transfer to DHCS for CY 2024 Program $1,021,268 Estimated unreimbursed IGT Revenue available $1,856,851 Estimated Net Revenue $835,583
7. ATTACHMENTS
· DHCS IGT Certification Form for CY 2024
· DHCS CY 2024 Invoice #1
· Assembly Bill 1705 (AB 1705)
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Provider Information: Due Date: 1/15/2024
Payment Details:
Year: 2024 Collection #: 1
1922004555
Program/Payee Information: Banking Information:
PP-GEMT Program Email: Payment Methods Accepted:
[email protected] ACH or Wire Transfer
Payment Instructions:
IGT Non-Federal Share (NFS) Breakdown By DHCS Delivery System Managed Care (MC)
MC NFS #1 $208,668.15
MC Admin Fee #1 $0.00
Fee For Service (FFS)
FFS NFS #1 $23,438.23
FFS Admin Fee #1 $0.00
$232,106.38Total* IGT Transfer Amount:
*Any differences are due to rounding.
California Department of Health Care Services US Bank
Please await Wire Request Memo for payment instructions Attention: Please review, sign, and submit the Intergovernmental Transfer (IGT) Certification by January 1, 2024, to [email protected].
IGT Certification forms are required to be submitted prior to each collection due date. Once the IGT Certification form is received, DHCS will send a Wire Request Memo providing payment details and instructions.
Please do not send your IGT payment until you have received the Wire Request Memo as payment details are subject to change.
NPI:
Total Amount Due: $232,106.38
Vendor Name: Bank Name:
PUBLIC PROVIDER GROUND EMERGENCY MEDICAL TRANSPORTATION (PP-GEMT) PROGRAM MANAGED CARE AND FEE FOR SERVICE — INVOICE
Provider Name:
City Of Orange
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Assembly Bill No. 1705
CHAPTER 544
An act to amend Sections 14105.94, 14129, and 14129.3, and to add Section 14105.945 to, the Welfare and Institutions Code, relating to Medi-Cal.
[Approved by Governor October 7, 2019. Filed with Secretary of State October 7, 2019.]
legislative counsel’s digest
AB 1705, Bonta. Medi-Cal: emergency medical transportation services.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
Existing law authorizes a Medi-Cal provider of ground emergency medical transportation services, that is owned or operated by the state, a city, county, city and county, fire protection district, special district, community services district, health care district, or a federally recognized Indian tribe, to receive supplemental Medi-Cal reimbursement, in addition to the rate of payment the eligible provider would otherwise receive for those services. Existing law requires the department to de velop a modified supplemental reimbursement program, with necessary federal approvals, that would seek to increase the reimb ursement to the abo ve-described eligible pro viders.
Existing la w requires the nonfederal share of an y supplemental reimbursement provided under the modified program to be deri ved from voluntary intergovernmental transfers of local funds. Existing la w states the Le gislature’s intent in enacting these pro visions to pro vide the supplemental reimb ursement without an y e xpenditure from the General Fund.
The bill would instead require the department to implement, subject to any necessary federal approvals, and no sooner than July 1, 2021, the Public Provider Intergovernmental Transfer Program (program), for the duration of an y Medi-Cal managed care rating period, and w ould authorize the department to continue conducting any administrative duties related to the above-specified supplemental Medi-Cal reimb ursement. The bill w ould require an eligible pro vider, defined, in part, as a pro vider of emer gency medical transport, to receive an add-on increase to the associated Medi-Cal fee-for-service payment schedule, and w ould require the department to develop the add-on increase pursuant to specified standards, including an eligible provider’s average cost directly associated with providing a Medi-Cal emergency medical transport under the Medi-Cal program. The bill would require Medi-Cal managed care health plans and emer gency medical
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transport providers to comply with specified federal standards relating to the payment standards for emer gency medical transport. The bill w ould limit the amount that a noncontract eligible pro vider may collect for emergency medical transport. The bill w ould require the department to assess a 10% fee on each transfer of public funds to the state to pay for health care coverage and to reimburse the department for its administrative costs relating to the program. The bill w ould limit the operation of the program on the condition that the program w ould be financially and programmatically supporti ve of the Medi-Cal program. The bill w ould authorize the department to implement these provisions by various means, including all-county letters or provider bulletins, without taking regulatory action.
Existing la w, the Medi-Cal Emer gency Medical Transportation Reimbursement Act, commencing July 1, 2018, and subject to federal approval and the a vailability of federal financial participation, imposes a quality assurance fee for each emergency medical transport provided by an emergency medical transport provider subject to the fee in accordance with a prescribed methodology. Existing law requires the Director of Health Care Services to deposit the collected quality assurance fee into the continuously appropriated Medi-Cal Emergency Medical Transport Fund, for exclusive use in a specified order of priority , including to enhance federal financial participation for ambulance services under the Medi-Cal program. Existing law requires each emer gency medical transport pro vider to report to the department specified data and material, including the number of actual emergency medical transports by payer type. The act increases Medi-Cal reimbursement to emer gency medical transport pro viders for emer gency medical transports.
The bill w ould exempt an eligible pro vider from the quality assurance fee and add-on increase for the duration of an y Medi-Cal managed care rating during which the Public Provider Intergovernmental Transfer Program is implemented.
The people of the State of California do enact as follows:
SECTION 1. Section 14105.94 of the Welfare and Institutions Code is amended to read:
14105.94. (a) An eligible provider, as described in subdivision (b), may, in addition to the rate of payment that the provider would otherwise receive for Medi-Cal ground emer gency medical transportation services, recei ve supplemental Medi-Cal reimbursement to the extent provided in this section. (b) A provider shall be eligible for supplemental reimb ursement if the provider has all of the following characteristics continuously during a state fiscal year:
(1) Provides ground emer gency medical transportation services to Medi-Cal beneficiaries.
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(2) Is a provider that is enrolled as a Medi-Cal pro vider for the period being claimed.
(3) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Di vision 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. (c) An eligible provider’s supplemental reimbursement pursuant to this section shall be calculated and paid as follows:
(1) The supplemental reimbursement to an eligible provider, as described in subdi vision (b), shall be equal to the amount of federal financial participation recei ved as a result of the claims submitted pursuant to paragraph (2) of subdivision (f).
(2) The amount certified pursuant to paragraph (1) of subdi vision (e), when combined with the amount recei ved from all other sources of reimbursement from the Medi-Cal program, shall not e xceed 100 percent of actual costs, as determined pursuant to the Medi-Cal State Plan, for ground emergency medical transportation services.
(3) The supplemental Medi-Cal reimbursement provided by this section shall be distrib uted e xclusively to eligible pro viders under a payment methodology based on ground emer gency medical transportation services provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The department shall obtain approval from the federal Centers for Medicare and Medicaid Services for the payment methodology to be utilized, and may not mak e any payment pursuant to this section prior to obtaining that approval. (d) (1) It is the Le gislature’s intent in enacting this section to pro vide the supplemental reimb ursement described in this section without an y expenditure from the General Fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section.
(2) The nonfederal share of the supplemental reimbursement submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in paragraph (3) of subdivision (b) and certified to the state as provided in subdivision (e).
(e) Participation in the program by an eligible provider described in this section is v oluntary. If an applicable go vernmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider owned or operated by the entity, as described in paragraph (3) of subdivision (b), the governmental entity shall do all of the following:
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(1) Certify, in conformity with the requirements of Section 433.51 of Title 42 of the Code of Federal Regulations, that the claimed expenditures for the ground emer gency medical transportation services are eligible for federal financial participation.
(2) Provide e vidence supporting the certification as specified by the department.
(3) Submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation.
(4) Keep, maintain, and ha ve readily retrievable, any records specified by the department to fully disclose reimb ursement amounts to which the eligible provider is entitled, and an y other records required by the federal Centers for Medicare and Medicaid Services.
(f) (1) The department shall promptly seek an y necessary federal approvals for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). If federal approval is not obtained for implementation of this section, this section shall not be implemented.
(2) The department shall submit claims for federal financial participation for the e xpenditures for the services described in subdi vision (e) that are allowable expenditures under federal law.
(3) The department shall annually submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law.
(g) (1) If a final judicial determination is made by any court of appellate jurisdiction or a final determination is made by the administrator of the federal Centers for Medicare and Medicaid Services that the supplemental reimbursement provided for in this section must be made to an y provider not described in this section, the director shall execute a declaration stating that the determination has been made and on that date this section shall become inoperative.
(2) The declaration executed pursuant to this subdivision shall be retained by the director, provided to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Le gislative Counsel, and posted on the department’s internet website.
(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of pro vider bulletins, or similar instructions, without taking regulatory action. (i) Notwithstanding any other law, this section shall become inoperative during the entirety of an y Medi-Cal managed care rating period in which Section 14105.945 is implemented, in whole or in part. The department may conduct any necessary and remaining administrati ve duties related to an y time period during which this provision remained operative, even after this 90 — 4 — Ch. 544
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section becomes inoperative, and may recei ve all compensation for those activities until paid in full.
(j) The department, in its sole discretion, may determine it has received all compensation for acti vities conducted pursuant to this section and completed all administrative duties related to time periods when this section was operative.
SEC. 2. Section 14105.945 is added to the Welfare and Institutions Code, to read:
14105.945. (a) For purposes of this section, the follo wing definitions apply:
(1) “Eligible pro vider” means a pro vider who is eligible for reimbursement of Medi-Cal emergency medical transports pursuant to this section, and who continually meets all of the following requirements during the entirety of any Medi-Cal managed care rating period that this section is implemented:
(A) Provides emergency medical transports to Medi-Cal beneficiaries. (B) Is enrolled as a Medi-Cal provider for the period being claimed. (C) Is owned or operated by the state, a city , county, city and county , fire protection district or ganized pursuant to P art 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. (2) (A) “Emergency medical transport” means the act of transporting an individual from any point of origin to the nearest medical facility capable of meeting the emer gency medical needs of the patient by an amb ulance licensed, operated, and equipped in accordance with applicable state or local statutes, ordinances, or regulations that are billed with billing codes A0429 BLS Emer gency, A0434 Specialty Care Transport, A0225 Neonatal Emergency Transport, A0427 ALS Emergency, and A0433 ALS2, and any equivalent, predecessor, or successor billing codes, as may be determined by the director.
(B) “Emergency medical transport” shall not include transportation of beneficiaries by passenger car, taxicab, litter van, wheelchair van, or other forms of public or pri vate conveyances, nor shall it include transportation by an air ambulance provider. An “emergency medical transport” does not occur if a transport is not provided following evaluation of a patient. (3) “Medi-Cal managed care rating period” means a period selected by the department for which the actuarially sound capitation rates are developed and documented in the rate certification that the department submits to the federal Centers for Medicare and Medicaid Services as required by Section 438.7(a) of Title 42 of the Code of Federal Regulations. (b) (1) Commencing no sooner than July 1, 2021, the department shall implement the Public Pro vider Inter governmental Transfer Program 90 Ch. 544 — 5 —
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(program) pursuant to this section for an y Medi-Cal managed care rating period that the department has obtained necessary federal approvals. (2) Notwithstanding any other law, during the entirety of any Medi-Cal managed care rating period for which the requirements of this section are implemented, in whole or in part, supplemental Medi-Cal reimbursements described in Section 14105.94 shall become inoperative. (c) To the e xtent authorized under federal and state la w, an eligible provider shall receive increased reimbursement by application of an add-on increase, as determined pursuant to subdi vision (d), to the associated Medi-Cal fee-for-service payment schedule for emergency medical transports provided to applicable Medi-Cal beneficiaries.
(d) The department shall de velop the state wide add-on increase to be provided under the program as follows:
(1) The department shall determine an initial statewide add-on increase that is based on the most recent audited cost reports of eligible pro viders available at the time the add-on increase is developed, as determined by the department. In determining the initial state wide add-on increase, the department may make adjustments to account for inflation, trend, or other material changes, as appropriate under federal law and actuarial standards. (2) The initial statewide add-on increase shall represent the dif ference between both of the following:
(A) The a verage reimb ursement paid pursuant to the applicable base Medi-Cal fee-for-service payment fee schedule for an emer gency medical transport during the time period of the applicable cost-report to an eligible provider, and weighted according to those services provided by all eligible providers during the applicable time period.
(B) The a verage cost directly associated with pro viding a Medi-Cal emergency medical transport under the Medi-Cal program by an eligible provider during the time period of the applicable cost-report, as determined based on all eligible pro viders’ audited cost reports pursuant to paragraph (1), and weighted according to those services pro vided by all eligible providers during the applicable time period.
(3) For subsequent Medi-Cal managed care rating periods, the department, in consultation with participating eligible providers, and as determined by the department, may adjust periodically the initial statewide add-on increase to account for inflation, trend adjustments, or other material changes, as appropriate under federal law and actuarial standards.
(4) To the extent that the department deems practicable, the department shall set a schedule for determining the state wide add-on increase before the department submits to the federal Centers for Medicare and Medicaid Services actuarially sound Medi-Cal managed care rates for an applicable Medi-Cal managed care rating period pursuant to subdivision (e). (5) Once the department determines the add-on increase for a Medi-Cal managed care rating period, the add-on increase shall not be modified for that rating period unless the modification is required for purposes of receiving federal approval or claiming federal financial participation for the requirements of this section.
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(e) (1) A Medi-Cal managed care health plan shall satisfy its obligation under Section 438.114(c) of Title 42 of the Code of Federal Re gulations for emergency medical transport, and shall pro vide payment to applicable noncontract emergency medical transport providers consistent with Section 1396u-2(b)(2)(D) of Title 42 of the United States Code. (2) During the entirety of any Medi-Cal managed care rating period that this section is implemented, the amounts a noncontract eligible pro vider may collect if a Medi-Cal beneficiary recei ved medical assistance other than through enrollment in a Medi-Cal managed care health plan pursuant to Section 1396u-2(b)(2)(D) of Title 42 of the United States Code shall be the resulting Medi-Cal fee-for-service payment schedule amounts after the application of the add-on increase described in this section. During the Medi-Cal managed care rating period that the requirements of this section are implemented, any reimbursement to a noncontract emergency medical transport provider that is not an eligible provider shall be made in accordance with subdivision (b) of Section 14129.3.
(f) The Medi-Cal reimb ursement pro vided by this section shall be distributed exclusively to eligible providers under a payment methodology based on emergency medical transport provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis.
(g) During the entirety of any Medi-Cal managed care rating period that this section is implemented, in whole or in part, the department shall provide appropriate funding to each applicable Medi-Cal managed care plan to account for the add-on increase oblig ations of these plans pursuant to this section in federally appro ved risk based capitation rates de veloped in accordance with Section 14301.1.
(h) (1) For any Medi-Cal managed care rating period that this section is implemented, the nonfederal share, which is associated with the add-on increase as it applies to the Medi-Cal fee-for-service payment schedule and the portion of the risk-based capitation rate to Medi-Cal managed care health plans, may consist of voluntary intergovernmental transfers of funds provided by eligible providers and their affiliated governmental entities or other public entities pursuant to Section 14164, as applicable. Upon pro viding an y intergovernmental transfer of funds, each transferring entity shall certify , in the form and manner specified by the department, that the transferred funds qualify for federal financial participation pursuant to applicable laws relating to the federal Medicaid program. Any intergovernmental transfer of funds made pursuant to this section shall be v oluntary for purposes of federal law.
(2) The department shall assess a 10-percent fee on each transfer of public funds to the state pursuant to this subdivision to pay for health care coverage and to reimburse the department for its costs associated with administering the program. Excluding this fee, the department shall not assess a percentage fee in connection with any intergovernmental transfer of funds made pursuant to this subdivision.
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(3) The department shall de velop and maintain, in consultation with participating eligible pro viders, a protocol and schedule for funding the nonfederal share of e xpenditures during a Medi-Cal managed care rating period that this section is implemented using v oluntary intergovernmental transfers.
(4) This section does not limit or otherwise alter an y existing authority of the department to accept inter governmental transfers for purposes of funding the nonfederal share of expenditures in the Medi-Cal program. (i) During the entirety of any Medi-Cal managed care rating period for which this section is implemented, in whole or in part, an eligible provider shall be exempt from the quality assurance fee and add-on increase pursuant to Article 3.91 (commencing with Section 14129).
(j) This section shall cease to be operative on the first day of the Medi-Cal managed care rating period be ginning on or after the date the department determines, after consultation with participating eligible pro viders, that implementation of this section is no longer financially and programmatically supportive of the Medi-Cal program. The department shall mak e this determination if the projected amount of nonfederal share funds a vailable for an applicable Medi-Cal managed care rating period is insufficient to support implementation of this section in the subject Medi-Cal managed care rating period. The department shall post notice of the determination on its internet website.
(k) The director may modify an y process or methodology specified in this section to the e xtent necessary to comply with state or federal la w or regulations, or to secure or maintain federal appro val or federal financial participation. If the director determines, after consulting with participating eligible providers, that a modification to the process or methodology is necessary, the director shall e xecute a declaration stating that this determination has been made and describing the modification. The director shall retain the declaration and provide a copy, within five working days of the e xecution of the declaration, to the fiscal and appropriate polic y committees of the Legislature. The director shall post the declaration on the department’s internet website.
(l) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of all-county letters, provider bulletins, plan letters, or other similar instructions without taking regulatory action.
(m) (1) The department shall implement this section only to the e xtent that federal financial participation is a vailable and an y necessary federal approvals are obtained.
(2) The department shall promptly seek any necessary federal approvals for the implementation of this section for an applicable Medi-Cal managed care rating period.
SEC. 3. Section 14129 of the Welfare and Institutions Code is amended to read:
14129. For purposes of this article, the following definitions apply:
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(a) “Annual quality assurance fee rate” means the quality assurance fee assessed on each emergency medical transport during each applicable state fiscal year.
(b) “Aggregate fee schedule amount” means the product of the fee-for-service add-on increase described in Section 14129.3 and the Medi-Cal emer gency medical transports, including both fee-for -service transports paid by the department and managed care transports paid by Medi-Cal managed care health plans, utilizing the billing codes for emergency medical transport for the state fiscal year.
(c) “Available fee amount” shall be calculated as the sum of the following:
(1) The amount deposited in the Medi-Cal Emergency Medical Transport Fund established under Section 14129.2 during the applicable state fiscal year, less the amounts described in subparagraphs (A) and (B) of paragraph (2) of subdivision (f) of Section 14129.2.
(2) Any federal financial participation obtained as a result of the deposit of the amount described in paragraph (1) in the Medi-Cal Emer gency Medical Transport Fund, created pursuant to Section 14129.2, for the applicable state fiscal year.
(d) “Department” means the State Department of Health Care Services. (e) “Director” means the Director of Health Care Services. (f) “Effective state medical assistance percentage” means a ratio of the aggregate expenditures from state-only sources for the Medi-Cal program divided by the aggre gate expenditures from state and federal sources for the Medi-Cal program for a state fiscal year.
(g) “Emergency medical transport” means the act of transporting an individual from any point of origin to the nearest medical f acility capable of meeting the emer gency medical needs of the patient by an emer gency medical transport provider by means of an amb ulance licensed, operated, and equipped in accordance with applicable state or local statutes, ordinances, or re gulations that are billed with billing codes A0429 BLS Emergency, A0427 ALS Emer gency, A0434 Specialty Care Transport, A0225 Neonatal Emer gency Transport, and A0433 ALS2, and an y equivalent, predecessor, or successor billing codes as may be determined by the director. “Emergency medical transport” excludes transportation of beneficiaries by passenger car, taxicabs, litter vans, wheelchair vans, other forms of public or pri vate con veyances, and transportation by an air ambulance pro vider. An “emer gency medical transport” does not occur when, following evaluation of a patient, a transport is not provided. (h) “Gross receipts” means gross payments recei ved as patient care revenue for emergency medical transports, determined on a cash basis of accounting. “Gross receipts” includes all payments received as patient care revenue for emergency medical transports, including payments for billing codes A0429 BLS Emergency, A0427 ALS Emergency, and A0433 ALS2, and an y equi valent, predecessor , or successor billing codes as may be determined by the director, and any other ancillary billing codes associated with emergency medical transport as may be determined by the director . 90 Ch. 544 — 9 —
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“Gross receipts” e xcludes supplemental amounts recei ved pursuant to Sections 14105.94 or 14105.945.
(i) “Emergency medical transport pro vider” means an y pro vider of emergency medical transports, e xcept that during an y Medi-Cal managed care rating period for which Section 14105.945 is implemented “emergency medical transport provider” shall exclude “eligible providers” as defined in paragraph (1) of subdivision (a) of Section 14105.945 for purposes of this article.
(j) “Emergency medical transport provider subject to the fee” means all emergency medical transport pro viders who bill and recei ve patient care revenue from the pro vision of emer gency medical transports, e xcept emergency medical transport pro viders that are e xempt pursuant to subdivision (c) of Section 14129.6.
(k) “Medi-Cal managed care health plan” means a “managed health care plan” as that term is defined in subdivision (ab) of Section 14169.51.
SEC. 4. Section 14129.3 of the Welfare and Institutions Code is amended to read:
14129.3. (a) Except as provided in subdivision (i) of Section 14105.945, commencing July 1, 2018, and for each state fiscal year thereafter for which this article is operati ve, reimb ursement to emer gency medical transport providers for emergency medical transports shall be increased by application of an add-on to the associated Medi-Cal fee-for-service payment schedule.
The add-on increase to the fee-for -service payment schedule under this section shall be calculated on or before June 15, 2018, and shall remain the same for later state fiscal years for which this article is operati ve, to the extent the department determines federal financial participation is available and is not otherwise jeopardized. The add-on increase to the fee-for-service payment schedule under this section shall apply only to those billing codes identified in, or any equivalent, predecessor, or successor billing codes as may be determined by the director pursuant to, subdi vision (g) of Section 14129. The department shall calculate the projections required by this subdivision based on the data submitted pursuant to Section 14129.1. The fee-for-service add-on shall be equal to the quotient of the a vailable fee amount projected by the department on or before June 15, 2018, for the 2018–19 state fiscal year, divided by the total Medi-Cal emergency medical transports, including both fee-for-service transports paid by the department and managed care transports paid by Medi-Cal managed care health plans, utilizing these billing codes projected by the department on or before June 15, 2018, for the 2018–19 state fiscal year . The resulting fee-for -service payment schedule amounts after the application of this section shall be equal to the sum of the Medi-Cal fee-for -service payment schedule amount for the 2015–16 state fiscal year and the add-on increase.
(b) (1) Each applicable Medi-Cal managed care health plan shall satisfy its obligation under Section 438.114(c) of Title 42 of the Code of Federal Regulations for emergency medical transports and shall pro vide payment to noncontract emergency medical transport providers consistent with Section 1396u-2(b)(2)(D) of Title 42 of the United States Code. Ef fective July 1, 90 — 10 — Ch. 544
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2018, and for each state fiscal year thereafter for which this article is operative, the amounts a noncontract emergency medical transport provider could collect if the beneficiary received medical assistance other than through enrollment in a Medi-Cal managed care health plan pursuant to Section 1396u-2(b)(2)(D) of Title 42 of the United States Code shall be the resulting fee-for-service payment schedule amounts after the application of this section.
(2) This subdivision shall not apply to an eligible pro vider, as defined in paragraph (1) of subdi vision (a) of Section 14105.945, who pro vides noncontract emergency medical transports to an enrollee of a Medi-Cal managed care plan during an y Medi-Cal managed care rating period that Section 14105.945 is implemented.
(c) The increased payments required by this section shall be funded solely from the following:
(1) The quality assurance fee set forth in Section 14129.2, along with any interest or other investment income earned on those funds. (2) Federal reimbursement and any other related federal funds. (d) The proceeds of the quality assurance fee set forth in Section 14129.2, the matching amount provided by the federal government, and any interest earned on those proceeds shall be used to supplement existing funding for emergency medical transports pro vided by emer gency medical transport providers and not to supplant this funding.
(e) Notwithstanding this article, the department may seek federal approval to implement any add-on increase to the fee-for-service payment schedule pursuant to this section for any state fiscal year or years, as applicable, on a time-limited basis for a fix ed program period, as determined by the department.
(f) Notwithstanding this article, the add-on increase to the fee-for-service payment schedule pursuant to this section shall only be required and payable for state fiscal years that a quality assurance fee payment obligation exists for emergency medical transport providers.
O
90 Ch. 544 — 11 —
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Agenda Item
City Council
Item #: 3.8. 1/9/2024 File #: 23-0763
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Sourcewell Contract to Horizons Construction Company International, Inc. for the installation of new fencing along Riverdale Avenue; approval of Reimbursement Agreement with Orange County Water District; and finding of CEQA exemption.
2. SUMMARY
Approve a Reimbursement Agreement with Orange County Water District for cost sharing of fence replacement and award Horizons Construction Company International, Inc., a construction contract for the fence installation along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road.
3. RECOMMENDED ACTION
1. Approve a Sourcewell contract with Horizons Construction Company International, Inc. in the amount of $169,908 for the fence installation along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road; and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Approve the Reimbursement Agreement with Orange County Water District in the amount not to exceed $80,000 to construct the new fence: and authorize the Mayor and City Clerk to execute on behalf of the City.
3. Appropriate $90,000 from unreserved General Fund balance to account 100.5095.51700.30235.
4. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15302 “Replacement or Reconstruction” Class 2 (c).
4. FISCAL IMPACT
The total expenditure is $169,908, which includes a 15% contingency. The project will be funded by the reimbursement received from Orange County Water District in an amount not to exceed $80,000 to General Fund (100) account 100.5095.51700.30235 and appropriation of $90,000 through unreserved General Fund (100) balance to account 100.5021.51700.30235. Upon approval of this appropriation, the estimated fund balance in Fund 100 on June 30, 2024, will be $235,000.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
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Item #: 3.8. 1/9/2024 File #: 23-0763
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
The existing unreinforced cement masonry wall along Riverdale Avenue was built in the 1960s as part of the adjacent tract development. The wall along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road has been deteriorated and vandalized over time. As part of the construction cost, the Orange County Water District has agreed to share in the cost of the wall replacement and will reimburse the city an amount not to exceed $80,000, which is approximately 50% of the cost. This project will continue to secure the adjacent Santa Ana River area owned by Orange County Water District and enhance the area and the adjacent trail through the removal and replacement of the dilapidated unreinforced masonry wall.
Staff collaborated with Gordian EzIQC's project coordinator to develop the scope of work for the fence installation using a Sourcewell contractor. This method of procurement is a cooperative purchasing arrangement that several government agencies use to minimize costs and staff resource impacts. By using Sourcewell, a public agency that competitively bids on construction tasks, specifications, materials, equipment, and labor costs, the City can access highly qualified specialty contractors and lower overall capital costs. The City of Orange is a member of Sourcewell and has used the cooperative agreements procurement process.
After careful consideration, Horizons Construction Co. Int’l,Inc. (Contract No. CA-R8-GB01-123021- HCC) has been recommended by staff for the project. The proposed price has been reviewed and deemed fair and reasonable, consistent with established unit prices outlined in the contract with Sourcewell. The contractor's proposal for the scheduled work comes in at $147,746. However, staff recognizes that unforeseen work and services may be necessary for the project. Therefore, in anticipation of such contingencies, an additional $22,162 (15%) has been added to the initial sum, bringing the total cost to $169,908.
Wall demolition is scheduled to begin in late January 2024. Fence installation is scheduled to begin in early March 2024 and is expected to be completed within two months, including the procurement of materials. The specifications and cost proposals are available for review at the Public Works Department.
7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15302 (Class 2 (c) - Replacement or Reconstruction) because the project involves replacing approximately 2,000 linear feet of property line fencing along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road to comply with current industry standards. No public review is required.
8. ATTACHMENTS
· Contract with Horizons Construction Company International, Inc · Orange County Water District Reimbursement Agreement
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Agenda Item
City Council
Item #: 3.8. 1/9/2024 File #: 23-0763
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Sourcewell Contract to Horizons Construction Company International, Inc. for the installation of new fencing along Riverdale Avenue; approval of Reimbursement Agreement with Orange County Water District; and finding of CEQA exemption.
2. SUMMARY
Approve a Reimbursement Agreement with Orange County Water District for cost sharing of fence replacement and award Horizons Construction Company International, Inc., a construction contract for the fence installation along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road.
3. RECOMMENDED ACTION
1. Approve a Sourcewell contract with Horizons Construction Company International, Inc. in the amount of $169,908 for the fence installation along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road; and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Approve the Reimbursement Agreement with Orange County Water District in the amount not to exceed $80,000 to construct the new fence: and authorize the Mayor and City Clerk to execute on behalf of the City.
3. Appropriate $90,000 from unreserved General Fund balance to account 100.5095.51700.30235.
4. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15302 “Replacement or Reconstruction” Class 2 (c).
4. FISCAL IMPACT
The total expenditure is $169,908, which includes a 15% contingency. The project will be funded by the reimbursement received from Orange County Water District in an amount not to exceed $80,000 to General Fund (100) account 100.5095.51700.30235 and appropriation of $90,000 through unreserved General Fund (100) balance to account 100.5021.51700.30235. Upon approval of this appropriation, the estimated fund balance in Fund 100 on June 30, 2024, will be $235,000.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
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Item #: 3.8. 1/9/2024 File #: 23-0763
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
The existing unreinforced cement masonry wall along Riverdale Avenue was built in the 1960s as part of the adjacent tract development. The wall along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road has been deteriorated and vandalized over time. As part of the construction cost, the Orange County Water District has agreed to share in the cost of the wall replacement and will reimburse the city an amount not to exceed $80,000, which is approximately 50% of the cost. This project will continue to secure the adjacent Santa Ana River area owned by Orange County Water District and enhance the area and the adjacent trail through the removal and replacement of the dilapidated unreinforced masonry wall.
Staff collaborated with Gordian EzIQC's project coordinator to develop the scope of work for the fence installation using a Sourcewell contractor. This method of procurement is a cooperative purchasing arrangement that several government agencies use to minimize costs and staff resource impacts. By using Sourcewell, a public agency that competitively bids on construction tasks, specifications, materials, equipment, and labor costs, the City can access highly qualified specialty contractors and lower overall capital costs. The City of Orange is a member of Sourcewell and has used the cooperative agreements procurement process.
After careful consideration, Horizons Construction Co. Int’l,Inc. (Contract No. CA-R8-GB01-123021- HCC) has been recommended by staff for the project. The proposed price has been reviewed and deemed fair and reasonable, consistent with established unit prices outlined in the contract with Sourcewell. The contractor's proposal for the scheduled work comes in at $147,746. However, staff recognizes that unforeseen work and services may be necessary for the project. Therefore, in anticipation of such contingencies, an additional $22,162 (15%) has been added to the initial sum, bringing the total cost to $169,908.
Wall demolition is scheduled to begin in late January 2024. Fence installation is scheduled to begin in early March 2024 and is expected to be completed within two months, including the procurement of materials. The specifications and cost proposals are available for review at the Public Works Department.
7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15302 (Class 2 (c) - Replacement or Reconstruction) because the project involves replacing approximately 2,000 linear feet of property line fencing along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road to comply with current industry standards. No public review is required.
8. ATTACHMENTS
· Contract with Horizons Construction Company International, Inc · Orange County Water District Reimbursement Agreement
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CONTRACT
[Fence Installation at Riverdale Avenue from Orange Olive Rd., to Approximately 2,000 Liner Feet west of Orange Olive Rd. (SP-4275)]
Sourcewell Contract # CA-R8-GB01-123021-HCC
THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and HORIZONS CONSTRUCTION COMPANY INTERNATIONAL , INC. a California corporation (“Contractor”), who agree as follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee);
(2) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;”
(3) The “City of Orange Standard Special Provisions;”
(4) The Standard Plans; and
(5) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” 261
2 c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Deputy Public Works Director, Alan Truong (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall c oordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.
f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within THIRTY (30) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED FORTY-SEVEN THOUSAND SEVEN HUNDRED FORTY -FIVE DOLLARS and 57/100 ($147,745.57) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions 262
3 which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below ; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of TWENTY-TWO THOUSAND ONE HUNDRED SIXTY-ONE DOLLARS and 84/100 ($22,161.84) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney . The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED SEVEN DOLLARS and 41/100 ($169,907.41).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any pa rt thereof fail to 263
4 function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall re imburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) th at City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quali ty. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contrac t. City shall not have the 264
5 right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be consider ed employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, den tal, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such wo rkers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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6 d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation , any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time t o time. The foregoing indemnity shall survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, men tal or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract. 266
7 ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, c ontractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.
b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
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8 (2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California.
(4) Employer’s Liability $1,000,000 per accident for bodily injury or disease.
c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.
d. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.
(3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
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9 g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.
i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance t o either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers’ Compensation pol icy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.
Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such te rmination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the co sts of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
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10 ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associ ated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.
e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee , such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
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11 f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulati ons in connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the juri sdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Horizons Construction Company City of Orange
International, Inc. 300 E. Chapman Avenue
432 W. Meats Ave. Orange, CA 92866-1591
Orange, CA 92865
Attn: Kinan Kotrash Attn: Matthew Lorenzen
Telephone: 714-626-0000 Telephone: 714-532-6488
E-Mail: [email protected] E-Mail: [email protected]
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12 ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page] 272
13 “CITY”
CONTRACT, BONDS AND INSURANCE
APPROVED BY:
Melissa M. Crosthwaite
Senior Assistant City Attorney
CITY OF ORANGE, a municipal corporation
By:
Daniel R. Slater
Mayor of the City of Orange
ATTEST:
Pamela Coleman, City Clerk
“CONTRACTOR”
HORIZONS CONSTRUCTION COMPANY
INTERNATIONAL, INC. a California
corporation
[Note: Signature of Chairman of the By:
Board, President or Vice President is Printed Name:
required] Title:
[Note: Signature of Secretary, Assistant By:
Secretary, Chief Financial Officer or Printed Name:
Assistant Treasurer is also required] Title:
√
273
Attachment No. 1
ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current an d valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or sinc e the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general pre vailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 275
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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 276
Attachment No. 1
for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 277
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts
(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 279
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 280
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 281
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each cal endar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program
(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or underg o testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 282
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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a s ubcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 283
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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 Administrator 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 th e apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption 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 Indust rial 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 multiemployer 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, adequate records incl ude, 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 recei ve any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate th e 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 purpose 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 285
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the contract by the respective 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 executi on of the contract, 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 h ours per day at not less than 1 ½ times the basic rate of pay.
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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 f ormed 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. 287
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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 w hat 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 written 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 mutu ally 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 statement, 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 conf er 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. 288
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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 assists 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 mediation 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 tier subcontractor on behal f 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 subcontrac tor 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 civi l 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. 289
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF ORANGE AND ORANGE COUNTY WATER DISTRICT
FOR FUNDING, CONSTRUCTION, AND REPLACEMENT OF THE
WALL ALONG EAST RIVERDALE AVENUE
FROM NORTH ORANGE OLIVE ROAD TO APPROXIMATELY
2,000 LINEAL FEET WEST OF EAST RIVERDALE AVENUE
This REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into this __________ day of __________ 2023, by and between the CITY OF ORANGE (“Orange”), a municipal corporation, and the ORANGE COUNTY WATER DISTRICT (“OCWD”), a special act district of the State of California organized under the Orange County Water District Act, Chapter 924 of the Statutes of 1933, as amended (collectively, the “Parties”).
RECITALS
A. East Riverdale Avenue, an existing four -lane thoroughfare, possesses a damaged wall situated to the north of the avenue, that spans approximately 2,000 linear feet west of North Orange Olive Road. This wall serves as a boundary between Orange and OCWD, as depicted in the Project Location Map, attached hereto as Exhibit “A”, and incorporated herein by reference.
B. The Parties agree that the wall, located approximately 2,000 linear feet west of North Orange Olive Road on East Riverdale Avenue, necessitates demolition and subsequent replacement with a vinyl-coated black chain link fence (the “Project”).
C. Project improvements will include the demolition of the existing wall without the foundation and the replacement with a vinyl -coated black chain link fence in front of the existing wall foundation.
D. Orange has procured a bid for the project. Upon review, OCWD concurs with the scope of work to be carried out and acknowledges the contractor’s estimated costs as reasonable. The bid is attached as Exhibit “B” and incorporated herein by reference.
E. The Parties agree that Orange shall take the lead in managing the Project and that OCWD shall reimburse Orange for that certain portion of the Project set forth herein.
F. Each Party has authorized sufficient funds in its budget to cover the costs of the Project in its respective jurisdiction.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other considerations, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
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2 1. Project Funding Obligations.
1.1. OCWD will be responsible for up to fifty percent (50%) of the cost of the vinyl-coated black chain link fence that is a component of the Project that occurs within the Parties’ mutual boundary, as set forth in Exhibit “B”. OCWD will pay Orange within 30 days of OCWD’s receipt of Orange’s invoice and statement of work completed.
1.2. OCWD’s final cost shall be based on the actual cost at completion, and in no event shall OCWD’s obligation under this Agreement exceed Eighty Thousand Dollars and 00/100 ($80,000).
1.3. Orange will be responsible for one hundred percent (100%) of the costs related to the demolition of the existing wall of the Project as well as fifty percent (50%) of the cost for the vinyl -coated black chain link fence replacement. Orange will also be responsible for th e cost of the bid preparation, CEQA and other environmental compliance, and all other costs associated with Project other than those referenced in sections 1.1 and 1.2 herein.. Orange will pay the contract directly and be reimbursed by OCWD as provided in Section 2.1.
2. Payment Obligation.
2.1. OCWD shall pay fifty percent (50%) of the cost for the vinyl -coated black chain link fence replacement, as described in Section 1.1 and in accordance with Section
1.2. Orange shall provide and verify the amount to the satisfaction of OCWD. In the event of a dispute over the installation and replacement of the fence, the Parties shall work cooperatively to resolve such dispute. Unless there is a dispute, payment to Orange shall be made within thirty (30) days of Orange’s invoice to OCWD.
3. Construction Responsibilities.
3.1. Project Engineer. Orange shall act as Project Engineer and be responsible for all tasks necessary to prepare construction plans, specifications, and cost estimates in accordance with all applicable criteria from Orange, OCWD, and the County of Orange.
3.2. Utility Relocation/Impacts . Orange and OCWD shall work together to identify all conflicting utilities within the Project. Orange shall issue all utility relocation request letters or other communications with utilities, as needed.
3.3. Project Plans, Insurance & Warranties.
a. Orange has submitted Project plans, specifications, and the contractor’s bid proposal to OCWD for reference. All work completed shall be constructed per Orange specifications.
b. Orange shall require the contractor to identify OCWD as an additional insured with insurance sufficiently broad to the satisfaction of OCWD. c. Orange shall require the contractor to pass through and assign all warranties to OCWD associated with the Project.
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3 3.4. Project Inspection . OCWD shall have access to the Project at all times during construction for the purpose of inspection. Both Parties can inspect the Project regularly as they deem appropriate. Each party agrees to cooperate with the other Party on any joint inspections, as requested . Should OCWD deem any remedial work to be necessary, OCWD shall notify Orange in writing thereof within three (3) business days of inspection, specifically describing the needed corrections and proposed remedial work.
OCWD shall be solely responsible for any remedial work it undertakes that is not brought to Orange’s attention in accordance with this paragraph.
3.5. Traffic Control. Traffic control for the Project may require road/lane closures and traffic signal management. The Parties agree that Orange shall take the lead in coordinating traffic control in and around the Project area and OCWD agrees to work cooperatively with Orange in traffic management to the extent that OCWD operations are not adversely impacted.
3.6. Permits.
a. Orange shall obtain any and all permits for the Project, including encroachment permits.
b. OCWD shall issue encroachment permits necessary for the Project at no charge.
3.7. Community Notification . Orange shall provide any and all required notifications regarding the Project, including business and neighborhood community notifications.
3.8. Contract Change Orders. If contract change orders ( CCOs) are needed for the Project, OCWD shall be given reasonable opportunity to review and approve such CCOs during construction and City Engineer, or their designee, shall coordinate CCO approval with OCWD. OCWD’s Engineer, or their designee, shall provide concurrence, or objections/proposed changes, on CCOs within three (3) business days of Orange’s submittal to OCWD . If OCWD fails to concur with or object to a CCO within such time, such CCO shall be deemed approved by OCWD.
3.9. Project Acceptance. Prior to Orange’s acceptance of Project improvements and filing a notice of completion, OCWD’s General Manager or designee , (hereinafter “General Manager”), shall review and provide written approval of all Project work. The General Manager’s written approval shall only be withheld for work not completed in accordance with OCWD approved construction contract documents for the Project, which uncompleted work shall be addressed during OCWD’s regular inspection as provided in Section 3.4. Orange shall furnish OCWD with one set of record drawings for the completed Project and a copy of the filed notice of completion.
3.10. City’s Obligations Post-Construction. Upon the General Manager’s written approval and Orange’s final acceptance of the Project, Orange shall assume ownership, maintenance obligations, and environmental mitigation responsibilities for the Project.
OCWD shall not be responsible for maintenance or repair of any part of the Project 292
4 following completion except for such maintenance or repair for damage directly caused by OCWD.
4. Miscellaneous Obligations.
4.1. Time is of the essence in the execution and performance of this Agreement.
4.2. Indemnification & Hold Harmless. The Parties shall indemnify, defend with counsel approved in writing, save and hold each other’s elected officials, officers, directors, agents, and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses, or expenses, of every type and description to which they may be subjected a rising out of any negligent or otherwise wrongful act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement.
4.3. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party’s interest in this Agreement shall be made without the written consent of the other Party.
4.4. Entirety & Amendments . This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. No oral understa nding or agreement not incorporated herein shall be binding on either Party.
4.5. Severability. If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extend reasonably possible.
4.6. Notices. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows:
CITY OF ORANGE ORANGE COUNTY WATER DISTRICT
Public Works Department 18700 Ward Street
Orange, CA 92866 Fountain Valley, CA 92708
Attn. City Engineer Attn: Property Management
All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first -class postage prepaid, and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or r equired by this Agreement, addressed in any other fashion shall be deemed not given.
4.7. Governing Law & Venue . This Agreement shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orang e County, California, and the Parties agree to 293
5 submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
4.8. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
4.9. Termination. In the event either party defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the non -breaching Party shall have the option to terminate this Agreement upon thirty (30 ) days prior written notice to the other Party. In the event the breaching Party cures such default within such thirty (30) day period, the election to terminate shall be deemed revoked and of no further force and effect as to that particu lar default. This Agreement shall terminate upon Orange’s certification of project completion and OCWD’s payment of the invoices referenced in sections 1 and 2 herein.
4.10 Consent to Breach Not Waiver. No term or provision of this Agreement shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by th e other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
IN WITNESS WHEREOF, each Party has entered into this Agreement as of the year and day first above written.
Date: CITY OF ORANGE,
a municipal corporation
By:
Daniel R. Slater, Mayor
ATTEST: APPROVED AS TO FORM
Pamela Coleman, City Clerk Melissa Crosthwaite, Sr. Asst. City Attorney
294
6 Date: ORANGE COUNTY WATER DISTRICT,
a political subdivision of the State of
California organized under Chapter 924 of the
Statutes of 1933, as amended
By:
Cathy Green, President
By:
Michael R. Markus, P.E., General Manager
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
General Counsel for Orange County Water
District
√
295
EXHIBIT “A”
Project Location Map
[Behind this sheet]
296
RAINIER AVE
ORANGE OLIVE RD
HARTMAN ST
BEECHW
OOD ST
HEARTHSIDE ST
RAINIER AVE
HARTMAN ST
COTTONW
OOD ST
PINEWOOD ST
MEADOWBROOK AVE
SANTA ANA CANYON RD
BEECHW
OOD
ST
SUNSET ST
SUNSET ST
RIVERVIEW AVE
RIVERDALE AVE
MEADOWBROOK AVE ASHW
OOD ST
HEARTHSIDE ST
RAINIER AVE
BALDWIN AVE
HEARTHSIDE ST
I
0 200 400 600100 FeetLegend
Proposed Wall Repair Location
Gate
297
EXHIBIT “B”
Bid
[Behind this sheet]
298
Work Order Signature Document
EZIQC Contract No.: CA -R8-GB01-123021-HCC
COO - Riverdale Ave. Fence Installation
New Work Order
122239.00
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
11/07/2023
Contractor Name:
Contact:
Phone:
Contact:
Phone:
Kinan Kotrash
(714) 626-0000
Owner Name: City of Orange
Matthew Lorenzen
(714) 532-6488
Horizons Construction Co. Int'l, Inc.
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB01-123021-HCC.
Brief Work Order Description:
X Will not apply: Liquidated Damages Will apply:
Estimated Completion Date:
Estimated Start Date: Time of Performance
Work Order Firm Fixed Price: $147,745.57
Owner Purchase Order Number:
Approvals
Date Date Horizons Construction Co. Int'l, Inc. City of Orange
2.00
11/7/2023
Work Order Signature Document
299
3.00 Detailed Scope of Work
Matthew Lorenzen Kinan Kotrash To: From:
Horizons Construction Co. Int'l, Inc. City of Orange
432 W. Meats Ave. 300 E. Chapman Ave
Orange, CA 92865 Orange, CA 92886
(714) 626-0000 (714) 532-6488
Work Order Number:
November 07, 2023 Date Printed:
122239.00
COO - Riverdale Ave. Fence Installation Work Order Title:
Brief Scope:
Revised Final Preliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. 122239.00 - COO - Riverdale CMU Wall Removal
Detailed Scope of Work
• Install Chain Link Fencing per attached map limits and Fence specifications by the City. • 6' High Chain link power coated post with vinyl-coated mesh black. Fences will be installed in concrete foundation right in front of existing foundation of the CMU Wall.
• Replace the existing chain link Fence and gates at end of work area (nearby Orange Olive Road) using the same materials to match new fences.
• An additional part of block fence perpendicular to the street will also be replaced with a new fence. • Protect in place Electrical Meter and other permanent utilities from damage.
**** Partial Repairs to landscaping and irrigation will be performed by the City or be provided at an extra Cost. -- City will arrange for the Edison meter currently on wall to be replaced and installed separately or on pedestal.
Subject to the terms and conditions of ezIQC Contract CA-R8-GB01-123021-HCC.
11/7/2023
Scope of Work
300
Detailed Scope of Work Continues..
Work Order Title:
Work Order Number: 122239.00
COO - Riverdale Ave. Fence Installation
Horizons Construction Co. Int'l, Inc. Date
Date City of Orange
11/7/2023
Scope of Work
301
4.00 Contractor's Price Proposal - Summary
Owner PO #:
COO - Riverdale Ave. Fence Installation
122239.00
CA-R8-GB01-123021-HCC IQC Master Contract #:
Work Order #:
Title:
Re:
November 07, 2023 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$147,745.57
$22,266.88 Section - 01
$1,340.07 Section - 31
$124,138.62 Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$147,745.57
The Percentage of NPP on this Proposal: %
11/7/2023
Contractor's Price Proposal - Summary
302
5.00 Contractor's Price Proposal - Detail
COO - Riverdale Ave. Fence Installation
122239.00
CA-R8-GB01-123021-HCC IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
November 07, 2023 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$147,745.57
(Excludes) Equip. Material Labor
Line Total Description UOM Mod. Item Sect.
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 $3,180.43 EA
Installation = x x 3,180.43
Factor Unit Price Quantity Total
1.00 1.1000 2,891.30
Bond and Insurance 2%
$144,565.14 x 0.02 = $2,891.30
01 22 20 00 0027 LaborerFor tasks not included in the Construction Task Catalog® and as directed by owner only.
2 $2,132.93 HR
Installation = x x 2,132.92
Factor Unit Price Quantity Total
81.97 1.0842 24.00
Labor Hours to Relocated Fencing and Pick up Site After Section is Completed
1768 LF / 150 FT Sections =11.786 = 12 Round
12 x (2 Laborers 1 Hours) = 24
01 22 20 00 0087 Flagperson For Traffic Control 3 $1,421.95 HR Installation = x x 1,421.95
Factor Unit Price Quantity Total
81.97 1.0842 16.00
Flag Person for Traffic Control During Concrete Truck Deliveries 01 22 23 00 0286 2,500 LB Capacity, 78" Wide, Tracked Skid-Steer Loader With Full-Time Operator 4 $12,240.34 WK Installation = x x 12,240.34
Factor Unit Price Quantity Total
5,644.87 1.0842 2.00
Skid Steer for 2 weeks for Grading of Site after Demolition of Block Wall 01 56 26 00 0005 Temporary 6' High Chain Link Fence And Posts, Up To 6 Months 5 $1,669.67 LF Installation = x x 1,669.67
Factor Unit Price Quantity Total
7.00 1.0842 220.00
Temporary Fencing with Wind Screen for Closing off Approximately 150 - 200 LF a section to perform work and relocating after each section is completed.
01 56 26 00 0005 0071 For Each LF Shade Cloth, Add 6 $608.24 MOD Installation = x x 608.24
Factor Unit Price Quantity Total
2.55 1.0842 220.00
11/7/2023
Contractor's Price Proposal - Detail
303
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 122239.00
COO - Riverdale Ave. Fence Installation
Section - 01
01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
7 $1,013.32 EA
Installation = x x 1,013.32
Factor Unit Price Quantity Total
934.62 1.0842 1.00
Delivery and Pick up of Skid Steer Loader and Mini Excavator $22,266.88 Subtotal for Section - 01
Section - 31
31 25 14 23 0012 50 LB Capacity Gravel Bag With Gravel 8 $1,340.07 BAG Installation = x x 1,340.07
Factor Unit Price Quantity Total
10.30 1.0842 120.00
Placement of Gravel Bags for Erosion Control and Holding Down Temp Fencing. $1,340.07 Subtotal for Section - 31
Section - 32
32 31 13 13 0010 12" Diameter Hole, Auger By Machine Fence Post Hole In Soil 9 $13,046.67 VLF Installation = x x 13,046.67
Factor Unit Price Quantity Total
20.57 1.0842 585.00
195 Post Holes
195 x 3 VLF = 585 VLF
32 31 13 13 0027 12" Diameter, Concrete Fill For Post Hole 10 $15,957.91 VLF Installation = x x 15,957.91
Factor Unit Price Quantity Total
25.16 1.0842 585.00
Placement of Concrete for 195 Post Holes
195 x 3 VLF = 585 VLF
32 31 13 13 0156 6' Vinyl Cover Chain Link Fence, 9 Gauge Coiled Spring Mesh, Top And Bottom Rails, 2-1/2" Line Post At 10' On Center, 3" Corner Post 11 $78,917.36 LF
Installation = x x 78,917.36
Factor Unit Price Quantity Total
41.17 1.0842 1,768.00
Placement of New 6' High Vinyl and Power Coated Fencing along where existing CMU Block Wall is located. 32 31 13 13 0156 0160 For Powder Coated Framework (Posts, Rails, Hardware), Add 12 $7,514.11 MOD Installation = x x 7,514.11
Factor Unit Price Quantity Total
3.92 1.0842 1,768.00
32 31 13 13 0156 0167 For 1-3/4" Mesh Fabric, Add 13 $8,702.57 MOD Installation = x x 8,702.57
Factor Unit Price Quantity Total
4.54 1.0842 1,768.00
$124,138.62 Subtotal for Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$147,745.57
The Percentage of NPP on this Proposal: %
11/7/2023
Contractor's Price Proposal - Detail
304
Subcontractor Listing
122239.00
COO - Riverdale Ave. Fence Installation
CA-R8-GB01-123021-HCC IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
November 07, 2023 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$147,745.57
% Duties Name of Contractor Amount
No Subcontractors have been
selected for this Work Order
0.00 $0.00
6.00
11/7/2023
Subcontractor Listing
305
RAINIER AVE
ORANGE OLIVE RD
HARTMAN ST
BEECHW
OOD ST
HEARTHSIDE ST
RAINIER AVE
HARTMAN ST
COTTONW
OOD ST
PINEWOOD ST
MEADOWBROOK AVE
SANTA ANA CANYON RD
BEECHW
OOD
ST
SUNSET ST
SUNSET ST
RIVERVIEW AVE
RIVERDALE AVE
MEADOWBROOK AVE ASHW
OOD ST
HEARTHSIDE ST
RAINIER AVE
BALDWIN AVE
HEARTHSIDE ST
I
0 200 400 600100 FeetLegend
Proposed Wall Repair Location
Gate
306
307
Agenda Item
City Council
Item #: 3.9. 1/9/2024 File #: 24-0000
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
1. SUBJECT
First Amendment to the Contract with La Rocque Better Roofs, Inc. for the Park Facility Roof Repair Project.
2. SUMMARY
In April 2023, the City Council awarded a contract to La Rocque Better Roofs to complete the Park Facility Roof Repairs project (20507). As roof repairs were being made to the La Veta, Olive, and Santiago Hills Parks buildings and the City owned concession/restroom building at Sycamore Elementary School, the contractor encountered several unanticipated structural issues, including significant termite damage and dry rot. The change orders to complete the unforeseen repairs totaled $42,618, which resulted in costs of $17,027.90 over the allowable contract amount of $153,546. Staff is recommending that the City Council approve the proposed First Amendment to the Contract with La Rocque Better Roofs to cover the increased expense.
3. RECOMMENDED ACTION
Approve amendment with La Rocque Better Roofs, Inc. in an amount not to exceed $17,027.90 for construction services for Park Facility Roof Repair (20507); and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this contract is $170,573.90 and will be funded in Park Facility Roof Repairs project (20507) through Park Acquisition (Infill) (510) in account 510.7021.56020.20507 - CIP - Building and Improvements.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community.
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 3: Enhance and promote quality of life in the community. a: Renovate, maintain, develop, and/or expand public use places and spaces.
6. DISCUSSION AND BACKGROUND
Maintenance of park building roofs is critical to the overall preservation of the buildings. Most park building roofs are generally in good to fair condition due to ongoing replacement efforts over the last several years. Based on a roof evaluation completed in 2021, it was determined that reroofing was City of Orange Printed on 1/4/2024Page 1 of 3
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Item #: 3.9. 1/9/2024 File #: 24-0000
several years. Based on a roof evaluation completed in 2021, it was determined that reroofing was needed at the following locations:
· Picnic Pavilion at Olive Park
· Picnic Pavilion and Restroom Building at La Veta Park · Restroom Building at Santiago Hills Park
· City Owned Concession and Restroom Building at Sycamore Park (adjacent to Sycamore Elementary School)
The City Council approved the Park Facility Roof Repairs project (20507) in Fiscal Year 2022- 2023 and the Council awarded a contract to La Rocque Better Roofs (La Rocque) on April 25, 2023 to complete the work.
Once the work began and existing roof shingles and sheathing were removed, the contractor encountered unexpected structural issues at each roof location, including significant termite damage and dry rot. The extent of the damage exceeded the total cost of the contract. Change orders therefore surpassed the contracted amount. To keep the project on schedule and ensure park safety, staff worked with La Rocque to quickly address the additional roofing damage. The following table outlines the resulting project change orders (CO):
Table: Park Facility Roof Repairs Change Order Summary
CONTRACT STATUS AMOUNT
Base Contract Amount $127,955
20% Contingency $25,591
CONTRACT TOTAL: $153,546
PROJECT CHANGE ORDERS AMOUNT REASON
Change Order 1 $2,700 Unforeseen dry rot at Sycamore
Concession building
Change Order 2 $25,088 Unforeseen dry rot at La Veta Park Buildings
Change Order 3 $600 New structural report for Santiago
Hills Park Restroom Building
Change Order 4 $12,130 Unforeseen dry rot at Olive Park Picnic Pavilion
Change Order 5 $2,100 Unforeseen dry rot at Santiago
Hills Park Restroom Building
TOTAL OF CHANGE ORDERS $42,618
AMOUNT OVER CONTINGENCY $17,027
To address the remaining expenses, staff is recommending the City Council approve the first amendment to the contract with La Rocque in the amount not-to-exceed $17,027.90 for the expenditures related to unforeseen damage at these park locations. The project is funded in Park Facility Roof Repairs project (20507) through Park Acquisition (Infill) (510) in account 510.7021.56020.20507 - CIP - Building and Improvements. The current appropriation is sufficient to City of Orange Printed on 1/4/2024Page 2 of 3
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Item #: 3.9. 1/9/2024 File #: 24-0000
absorb this expense.
7. ATTACHMENTS
· First Amendment to the Contract with La Rocque
City of Orange Printed on 1/4/2024Page 3 of 3
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Agenda Item
City Council
Item #: 3.9. 1/9/2024 File #: 24-0000
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
1. SUBJECT
First Amendment to the Contract with La Rocque Better Roofs, Inc. for the Park Facility Roof Repair Project.
2. SUMMARY
In April 2023, the City Council awarded a contract to La Rocque Better Roofs to complete the Park Facility Roof Repairs project (20507). As roof repairs were being made to the La Veta, Olive, and Santiago Hills Parks buildings and the City owned concession/restroom building at Sycamore Elementary School, the contractor encountered several unanticipated structural issues, including significant termite damage and dry rot. The change orders to complete the unforeseen repairs totaled $42,618, which resulted in costs of $17,027.90 over the allowable contract amount of $153,546. Staff is recommending that the City Council approve the proposed First Amendment to the Contract with La Rocque Better Roofs to cover the increased expense.
3. RECOMMENDED ACTION
Approve amendment with La Rocque Better Roofs, Inc. in an amount not to exceed $17,027.90 for construction services for Park Facility Roof Repair (20507); and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this contract is $170,573.90 and will be funded in Park Facility Roof Repairs project (20507) through Park Acquisition (Infill) (510) in account 510.7021.56020.20507 - CIP - Building and Improvements.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community.
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 3: Enhance and promote quality of life in the community. a: Renovate, maintain, develop, and/or expand public use places and spaces.
6. DISCUSSION AND BACKGROUND
Maintenance of park building roofs is critical to the overall preservation of the buildings. Most park building roofs are generally in good to fair condition due to ongoing replacement efforts over the last several years. Based on a roof evaluation completed in 2021, it was determined that reroofing was City of Orange Printed on 1/4/2024Page 1 of 3
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Item #: 3.9. 1/9/2024 File #: 24-0000
several years. Based on a roof evaluation completed in 2021, it was determined that reroofing was needed at the following locations:
· Picnic Pavilion at Olive Park
· Picnic Pavilion and Restroom Building at La Veta Park · Restroom Building at Santiago Hills Park
· City Owned Concession and Restroom Building at Sycamore Park (adjacent to Sycamore Elementary School)
The City Council approved the Park Facility Roof Repairs project (20507) in Fiscal Year 2022- 2023 and the Council awarded a contract to La Rocque Better Roofs (La Rocque) on April 25, 2023 to complete the work.
Once the work began and existing roof shingles and sheathing were removed, the contractor encountered unexpected structural issues at each roof location, including significant termite damage and dry rot. The extent of the damage exceeded the total cost of the contract. Change orders therefore surpassed the contracted amount. To keep the project on schedule and ensure park safety, staff worked with La Rocque to quickly address the additional roofing damage. The following table outlines the resulting project change orders (CO):
Table: Park Facility Roof Repairs Change Order Summary
CONTRACT STATUS AMOUNT
Base Contract Amount $127,955
20% Contingency $25,591
CONTRACT TOTAL: $153,546
PROJECT CHANGE ORDERS AMOUNT REASON
Change Order 1 $2,700 Unforeseen dry rot at Sycamore
Concession building
Change Order 2 $25,088 Unforeseen dry rot at La Veta Park Buildings
Change Order 3 $600 New structural report for Santiago
Hills Park Restroom Building
Change Order 4 $12,130 Unforeseen dry rot at Olive Park Picnic Pavilion
Change Order 5 $2,100 Unforeseen dry rot at Santiago
Hills Park Restroom Building
TOTAL OF CHANGE ORDERS $42,618
AMOUNT OVER CONTINGENCY $17,027
To address the remaining expenses, staff is recommending the City Council approve the first amendment to the contract with La Rocque in the amount not-to-exceed $17,027.90 for the expenditures related to unforeseen damage at these park locations. The project is funded in Park Facility Roof Repairs project (20507) through Park Acquisition (Infill) (510) in account 510.7021.56020.20507 - CIP - Building and Improvements. The current appropriation is sufficient to City of Orange Printed on 1/4/2024Page 2 of 3
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Item #: 3.9. 1/9/2024 File #: 24-0000
absorb this expense.
7. ATTACHMENTS
· First Amendment to the Contract with La Rocque
City of Orange Printed on 1/4/2024Page 3 of 3
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FIRST AMENDMENT TO
CONTRACT
[Park Facility Roofing Repair Services (Bid No. 22-23.30)]
THIS FIRST AMENDMENT TO CONTRACT (the First Amendment to Contract”) is made and entered into as of ______________, 20__ (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and LA ROCQUE BETTER ROOFS, INC., a California corporation (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7498) dated as of April 25, 2023, which is incorporated herein by this reference (the “Original Contract”); and
B. City and Contractor desire to modify, amend and supplement certain portions of the Original Contract by revising the Scope of Work and increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Contract, as implemented by this First Amendment.
Section 3. Revised Work Performed . The Contractor’s Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not -to-exceed compensation for the services to be rendered by SEVENTEEN THOUSAND TWENTY-SEVEN DOLLARS and 90/100 ($17,027.90) and Sections 3.a and 3.c are hereby amended in their entirety to read as follows:
“a. Contractor agrees to receive and accept an amount not to exceed ONE
HUNDRED FORTY-FOUR THOUSAND NINE HUNDRED EIGHTY-TWO
DOLLARS and 90/100 ($144,982.90), as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract.
Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen diffi culties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, a nd for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized 314
2 City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.”
“c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED SEVENTY THOUSAND FIVE HUNDRED SEVENTY-THREE DOLLARS and 90/100
($170,573.90).”
Section 5. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page]
315
3 IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
LA ROCQUE BETTER ROOFS, INC. a CITY OF ORANGE, a municipal corporation California corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
√
316
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
317
La Rocque Better Roofs, Inc.
9077 Arrow Route, #100
Rancho Cucamonga, CA 91730
Phone: ( 909) 476-2699
Fax: ( 909) 476-2469
www.larocquebetterroofs.com
CHANGE ORDER FORM
OWNER: City of Orange
DATE OF CHANGE ORDER: 10/10/2023 CHANGE ORDER #: 4789 PROJECT: City of Orange Park Facility Re Roof 2023 – PRJ 20143 The following changes have been made to this Project:
SYCAMORE PARK - 300 ELM ST (1550 SYCAMORE AVE): PERMIT FEES & DRY ROT • 18 SH - 4x8 1/2" CDX Plywood @ $150.00 /SH = $2,700.00 Total of this Change Order: $2,700.00
The original Contract Sum $127,955.00
Net change by previous Change Orders $0.00
The Contract Sum prior to this Change Order was $127,955.00 The new Contract Sum including this Change Order will be $130,655.00 City of Orange La Rocque Better Roofs
By: By: Dennis Grant
Title: Title: General Manager
Exhibit A: Page 1 of 7
318
La Rocque Better Roofs, Inc.
9077 Arrow Route, #100
Rancho Cucamonga, CA 91730
Phone: ( 909) 476-2699
Fax: ( 909) 476-2469
www.larocquebetterroofs.com
CHANGE ORDER FORM
OWNER: City of Orange
DATE OF CHANGE ORDER: 10/13/2023 CHANGE ORDER #: 4796 PROJECT: City of Orange Park Facility Re Roof 2023 – PRJ 20143 The following changes have been made to this Project:
La Veta Park - 3705 E La Veta Ave: DRY ROT
• 682 FT - 1x6 T&G @ $12.70 /FT = $8,661.40
• 200 FT - 2x6 Fascia Board @ $ 25.00 /ECH = $5,000.00 • 25 FT - 2x8 Eave Blocks @ $10.70 /FT = $267.50
• 200 FT - 2x12 Fascia Board @ $ 25.00 /ECH = $5,000.00 • 17 SH - 5/8 4x8 CDX Plywood @ $150.00 /SH = $2,550.00 • 2 QTY - 2x8, 24' Rafter Tail* @ $240.00 /ECH = $480.00 • 32 QTY - * $12 Additional for each foot over 8' @ $12.00 /ECH = $384.00 • 1 QTY - 2x8, 10' Rafter Tail** @ $240.00 /ECH = $240.00 • 2 QTY - ** $12 Additional for each foot over 8' @ $12.00 /ECH = $24.00 • 1 QTY - 2x8, 20' Rafter Tail*** @ $240.00 /ECH = $240.00 • 12 QTY - *** $12 Additional for each foot over 8' @ $12.00 /ECH = $144.00 • 1 QTY - 2x8,12' Rafter Tail**** @ $240.00 /ECH = $240.00 • 4 QTY - **** $12 Additional for each foot over 8' @ $12.00 /ECH = $48.00 • 7 QTY - 2x8,5' Rafter Tail @ $240.00 /ECH = $1,680.00 • 2 QTY - Bondo Rafters @ $65.00 /ECH = $130.00
T otal of this Change Order: $25,088.90
The original Contract Sum $127,955.00
Net change by previous Change Orders $2,700.00
The Contract Sum prior to this Change Order was $130,655.00 The new Contract Sum including this Change Order will be $155,743.90 City of Orange La Rocque Better Roofs
By: By: Dennis Grant
Title: Title: General Manager
Exhibit A: Page 2 of 7
319
La Rocque Better Roofs, Inc.
9077 Arrow Route, #100
Rancho Cucamonga, CA 91730
Phone: (909) 476-2699
Fax: (909) 476-2469
www.larocquebetterroofs.com
CHANGE ORDER FORM
OWNER: City of Orange
DATE OF CHANGE ORDER: 10/20/2023 CHANGE ORDER #: 4804
PROJECT: City of Orange Park Facility Re Roof 2023 – PRJ 20143
The following changes have been made to this Project:
Santiago Hills Park - 8040 E White Oak Ridge: STRUCTURAL ENGINEERING REPORT • Santiago Hills Park Engineering Report @ $600.00 = $600.00
Total of this Change Order: $600.00
The original Contract Sum $127,955.00
Net change by previous Change Orders $27,788.90
The Contract Sum prior to this Change Order was $155,743.90
The new Contract Sum including this Change Order will be $156,343.90
City of Orange La Rocque Better Roofs
By: By: Dennis Grant
Title: Title: General Manager E
xhibit A: Page 3 of 7
320
La Rocque Better Roofs, Inc.
9077 Arrow Route, #100
Rancho Cucamonga, CA 91730
Phone: (909) 476-2699
Fax: (909) 476-2469
www.larocquebetterroofs.com
CHANGE ORDER FORM
OWNER: City of Orange
DATE OF CHANGE ORDER: 11/03/2023 (updated 11/15/2023) CHANGE ORDER #: 4818
PROJECT: City of Orange Park Facility Re Roof 2023 – PRJ 20143
The following changes have been made to this Project:
OLIVE PARK - 2841 N GLASSELL ST: DRY ROT
• 950 FT - 2x6 T&G @ $12.70 /FT = $12,065.00
• 1 QTY - Bondo Rafters @ $65.00 /ECH = $65.00
Total of this Change Order: $12,130.00
The original Contract Sum $127,955.00
Net change by previous Change Orders $28,388.90
The Contract Sum prior to this Change Order was $156,343.90
The new Contract Sum including this Change Order will be $168,473.90
City of Orange La Rocque Better Roofs
By: By: Dennis Grant
Title: Title: General Manager
Exhibit A: Page 4 of 7
321
Exhibit A: Page 5 of 7
322
La Rocque Better Roofs, Inc.
9077 Arrow Route, #100
Rancho Cucamonga, CA 91730
Phone: (909) 476-2699
Fax: (909) 476-2469
www.larocquebetterroofs.com
CHANGE ORDER FORM
OWNER: City of Orange
DATE OF CHANGE ORDER: 11/15/2023 CHANGE ORDER #: 4833
PROJECT: City of Orange Park Facility Re Roof 2023 – PRJ 20143
The following changes have been made to this Project:
SANTIAGO HILLS PARK - 8040 E WHITE OAK RIDGE: DRY ROT
• 14 SH - 5/8 4x8 CDX Plywood @ $150.00 /SH = $2,100.00
Total of this Change Order: $2,100.00
The original Contract Sum $127,955.00
Net change by previous Change Orders $40,518.90
The Contract Sum prior to this Change Order was $168,473.90
The Contract Sum will be increased by this Change Order
The new Contract Sum including this Change Order will be $170,573.90
The date of Completion as of the date of this Change Order is
City of Orange La Rocque Better Roofs
By: By: Dennis Grant
Title: Title: General Manager Exhibit A: Page 6 of 7 323
Exhibit A: Page 7 of 7
324
Agenda Item
City Council
Item #: 3.10. 1/9/2024 File #: 24-0002
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
1. SUBJECT
Second Amendment to the Contract with Charles McCandless Tile Contractor, Inc. for Plaza Park Fountain repair.
2. SUMMARY
The historic Plaza Park fountain was damaged during a vehicle collision on March 13, 2023. Under the authorization of the City Manager, a contract with Charles McCandless Tile Contractor, Inc. was executed in the amount of $21,900 in April 2023 to start the initial repairs, including removing damaged tile and grout and paying the deposit for the new tiles. The First Amendment, with City Manager’sauthorization, was executed in November 2023 for $8,100 to ensure timely payment of the specialized tiles. With the First Amendment, the contract authority is still insufficient to cover the full cost of tile installation and labor expenses including the complete purchase of over 1,100 new tiles.
As a result, staff is recommending the approval of a Second Amendment to the Contract with Charles McCandless Tile Contractor, Inc. to purchase and finish installation of the new tiles.
3. RECOMMENDED ACTION
1. Approve the Second Amendment with Charles McCandless Tile Contractor, Inc. in the amount of $46,559.36 for Plaza Fountain Repair Project (20351); and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $60,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.
4. FISCAL IMPACT
The total expenditure for the contract is $76,559.36 and will be funded in the Plaza Fountain Repair Project (20531) through Park Acquisition (Infill) (510) account 510.7021.56020.20531 - CIP - Bldg & Improv Plaza Fountain Repair. Upon approval of this appropriation, the estimated fund balance in fund 510 at June 30, 2024, will be approximately $4,025,844. The project will also be funded through an existing appropriation within the Minor Traffic Control Devices Project (16302) through the Capital Projects (500).
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. a: Renovate, maintain, develop, and/or expand public use places and spaces.
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Item #: 3.10. 1/9/2024 File #: 24-0002
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.
6. DISCUSSION AND BACKGROUND
On March 13, 2023, the fountain was damaged during a vehicle collision. The vehicle impact destroyed a section of the fountain basin and damaged some of the adjacent historic tiles on the interior and exterior of the basin. Due to the fountain’shistoric nature, the work performed on the fountain must meet the Secretary of Interior’sStandards for Historic Rehabilitation. Particular care is required in the selection of materials, attention to detail, and installation methods to ensure that the restoration work achieves the desired aesthetic outcome upon completion, can withstand the test of time, and maintains the historic integrity of the fountain as a historic character defining feature of The Plaza.
In April 2023, the City entered into a contract with Charles McCandless Tile Contractor, Inc. (McCandless) under the City Manager’ssigning authority in the amount of $21,900 to complete initial repairs which included removal of damaged tile, grout, and setting bed; salvaging any full tiles for reinstallation; installing new mortar setting bed, tile, and grout to match the existing historical pattern.
The contract also included funds for the deposit of the tiles. McCandless has a unique connection to the Plaza Park fountain as Charles McCandless installed the original tile on the fountain in the 1930s.
Given the historic nature of the fountain, the City engaged its historic preservation consultant, Chattel, Inc., Historic Preservation Consultants (Chattel) to provide guidance on the reconstruction and repair of the basin including selection of materials, method of installation, and finish details. As such, the City Council approved an agreement in October 2023 with RLA Conservation (RLA), to complete the specialized conservation treatment of the fountain.
Chattel also provided guidance for tile color and glaze matching of the new tiles prior to tile fabrication, to ensure a seamless appearance. In order to meet the requirements for the historic tiles, McCandless sub-contracted with California Pottery, a specialty ceramics company, to manufacture the new tiles. Once the color and glaze matches were approved and a tile quantity had been determined, the First Amendment was executed under City Manager authority in the amount of $8,100, to ensure timely payment of the specialized tiles and allow for the initial installation of the new tiles, bringing the total amount of the contract to $30,000.
The Second Amendment would add $46,559.36 to the contract for a total not-to-exceed of $76,559.36 (including a 10% contingency) to cover the remaining expenses for tile installation and for the total purchase of over 1,100 new tiles. The new tiles include:
· Replacement of the damaged tiles
· Replacement of approximately 120 tiles (per the recommendation of RLA) that have been damaged or vandalized over the years, unrelated to the 2023 vehicle collision · Extra tiles (should more tiles be needed in the future) Staff is also recommending that the City Council approve an appropriation of $60,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to fund the remaining costs of the project. The current appropriation request will fund almost $31,000 of this agreement, as well as additional services needed, or items purchased in order to bring the fountain back to an operational state. Any City of Orange Printed on 1/4/2024Page 2 of 3
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326
Item #: 3.10. 1/9/2024 File #: 24-0002
unspent appropriation will be released to fund balance.
7. ATTACHMENTS
· Second Amendment to Charles McCandless Tile Contractor, Inc. Contract City of Orange Printed on 1/4/2024Page 3 of 3
powered by Legistar™
327
Agenda Item
City Council
Item #: 3.10. 1/9/2024 File #: 24-0002
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
1. SUBJECT
Second Amendment to the Contract with Charles McCandless Tile Contractor, Inc. for Plaza Park Fountain repair.
2. SUMMARY
The historic Plaza Park fountain was damaged during a vehicle collision on March 13, 2023. Under the authorization of the City Manager, a contract with Charles McCandless Tile Contractor, Inc. was executed in the amount of $21,900 in April 2023 to start the initial repairs, including removing damaged tile and grout and paying the deposit for the new tiles. The First Amendment, with City Manager’sauthorization, was executed in November 2023 for $8,100 to ensure timely payment of the specialized tiles. With the First Amendment, the contract authority is still insufficient to cover the full cost of tile installation and labor expenses including the complete purchase of over 1,100 new tiles.
As a result, staff is recommending the approval of a Second Amendment to the Contract with Charles McCandless Tile Contractor, Inc. to purchase and finish installation of the new tiles.
3. RECOMMENDED ACTION
1. Approve the Second Amendment with Charles McCandless Tile Contractor, Inc. in the amount of $46,559.36 for Plaza Fountain Repair Project (20351); and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $60,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.
4. FISCAL IMPACT
The total expenditure for the contract is $76,559.36 and will be funded in the Plaza Fountain Repair Project (20531) through Park Acquisition (Infill) (510) account 510.7021.56020.20531 - CIP - Bldg & Improv Plaza Fountain Repair. Upon approval of this appropriation, the estimated fund balance in fund 510 at June 30, 2024, will be approximately $4,025,844. The project will also be funded through an existing appropriation within the Minor Traffic Control Devices Project (16302) through the Capital Projects (500).
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. a: Renovate, maintain, develop, and/or expand public use places and spaces.
City of Orange Printed on 1/4/2024Page 1 of 3
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Item #: 3.10. 1/9/2024 File #: 24-0002
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.
6. DISCUSSION AND BACKGROUND
On March 13, 2023, the fountain was damaged during a vehicle collision. The vehicle impact destroyed a section of the fountain basin and damaged some of the adjacent historic tiles on the interior and exterior of the basin. Due to the fountain’shistoric nature, the work performed on the fountain must meet the Secretary of Interior’sStandards for Historic Rehabilitation. Particular care is required in the selection of materials, attention to detail, and installation methods to ensure that the restoration work achieves the desired aesthetic outcome upon completion, can withstand the test of time, and maintains the historic integrity of the fountain as a historic character defining feature of The Plaza.
In April 2023, the City entered into a contract with Charles McCandless Tile Contractor, Inc. (McCandless) under the City Manager’ssigning authority in the amount of $21,900 to complete initial repairs which included removal of damaged tile, grout, and setting bed; salvaging any full tiles for reinstallation; installing new mortar setting bed, tile, and grout to match the existing historical pattern.
The contract also included funds for the deposit of the tiles. McCandless has a unique connection to the Plaza Park fountain as Charles McCandless installed the original tile on the fountain in the 1930s.
Given the historic nature of the fountain, the City engaged its historic preservation consultant, Chattel, Inc., Historic Preservation Consultants (Chattel) to provide guidance on the reconstruction and repair of the basin including selection of materials, method of installation, and finish details. As such, the City Council approved an agreement in October 2023 with RLA Conservation (RLA), to complete the specialized conservation treatment of the fountain.
Chattel also provided guidance for tile color and glaze matching of the new tiles prior to tile fabrication, to ensure a seamless appearance. In order to meet the requirements for the historic tiles, McCandless sub-contracted with California Pottery, a specialty ceramics company, to manufacture the new tiles. Once the color and glaze matches were approved and a tile quantity had been determined, the First Amendment was executed under City Manager authority in the amount of $8,100, to ensure timely payment of the specialized tiles and allow for the initial installation of the new tiles, bringing the total amount of the contract to $30,000.
The Second Amendment would add $46,559.36 to the contract for a total not-to-exceed of $76,559.36 (including a 10% contingency) to cover the remaining expenses for tile installation and for the total purchase of over 1,100 new tiles. The new tiles include:
· Replacement of the damaged tiles
· Replacement of approximately 120 tiles (per the recommendation of RLA) that have been damaged or vandalized over the years, unrelated to the 2023 vehicle collision · Extra tiles (should more tiles be needed in the future) Staff is also recommending that the City Council approve an appropriation of $60,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to fund the remaining costs of the project. The current appropriation request will fund almost $31,000 of this agreement, as well as additional services needed, or items purchased in order to bring the fountain back to an operational state. Any City of Orange Printed on 1/4/2024Page 2 of 3
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329
Item #: 3.10. 1/9/2024 File #: 24-0002
unspent appropriation will be released to fund balance.
7. ATTACHMENTS
· Second Amendment to Charles McCandless Tile Contractor, Inc. Contract City of Orange Printed on 1/4/2024Page 3 of 3
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330
SECOND AMENDMENT TO
CONTRACT
[Plaza Park Fountain Tile Repair Services]
THIS SECOND AMENDMENT TO CONTRACT (the “ Second Amendment to Contract”) is made and ente red into as of ___ ___________, 20 __ (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), CHARLES MC CANDLESS TILE CONTRACTOR, INC., a California corporation (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7484) dated as of April 12, 2023, which is incorporated herein by this reference (the “Original Contract”); and
B. City and Contractor amended the Original Contract to increase the compensation by a First Amendment to the Contract (Agreement No. 7484.1) dated November 28, 2023, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor desire to modify, amend and supplement certain portions of the Original Contract by revising the Scope of Work and increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Contract, as implemented by this First Amendment.
Section 3. Revised Work Performed . The Contractor’s Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not -to-exceed compensation for the services to be rendered by FORTY-SIX THOUSAND FIVE HUNDRED FIFTY-NINE DOLLARS and 36/100 ($46,559.36) and Sections
3.a and 3.c are hereby amended in their entirety to read as follows:
“a. Contractor agrees to receive and accept an amount not to exceed SEVENTY-TWO THOUSAND NINE HUNDRED NINE DOLLARS and
36/100 ($72,909.36) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by 331
City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the who le thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.”
“c. The total amount of compensation under this Contract, including contingencies, shall not exceed SEVENTY-SIX THOUSAND FIVE HUNDRED FIFTY-NINE DOLLARS and 36/100 ($76,559.36).”
Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Contract, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page]
332
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
CHARLES MC CANDLESS TILE CITY OF ORANGE, a municipal corporation CONTRACTOR, INC., a California corporation
By:
*By: Daniel R. Slater, Mayor
Printed Name:
Title:
ATTEST:
*By:
Printed Name:
Title:
Pamela Coleman
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
√
333
cm CHARLES McCANDLESS TILE CONTRACTOR, INC. (714) 542-4433 636 POINSETTIA STREET . SANTA ANA . CALIFORNIA 92701 . FAX (714) 542-0628
Ceramic Tile . Quarry Tile . Specialties - e-mail: [email protected] STATE LICENSE NO 196900 DIR Registration #1000003364
QUALITY IN TILE SINCE 1924
November 16, 2023: REVISED 11/21/23
City of Orange
Attn: Nathan Bluhm / Robert Ambriz Jr
W
e propose to furnish and install all tile and material necessary for the proper completion of the tile work in the Orange Plaza Fountain project For the sum of: TOTAL - $ 69,599.42 .
$18,250.00:
- Original plaza fountain tile scope per bid proposal dated 4/3/23.
$26,549.42:
- Cost to purchase tile from California Pottery & Tile Works per proposal dated 4/26/23.
$24,800.00:
-
The City’s conservator, RLA Conservation LLC, for the project documented and label 12 intact tiles recommended for replacement through this restoration project. - Lump sum cost for removal & installation of individual field tiles as selected by RLA.
Total of (124 tiles).
Respectfully submitted,
Charles McCandless Tile Contractor, Inc.
Mark McCandless
President
[email protected]
Exhibit A: Page 1 of 6
334
cm CHARLES McCANDLESS TILE CONTRACTOR, INC. (714) 542-4433 636 POINSETTIA STREET . SANTA ANA . CALIFORNIA 92701 . FAX (714) 542-0628
Ceramic Tile . Quarry Tile . Specialties - e-mail: [email protected] STATE LICENSE NO 196900 DIR Registration #1000003364
QUALITY IN TILE SINCE 1924
City of Orange
Nathan Bluhm 4/3/23
We propose to furnish and install all tile and material necessary for the proper completion of the tile work in the Orange Circle Fountain Tile Repair job. for the sum of : $18,250.00 Price subject to review after 30 days.
- Qualifications:
Provide labor, equipment, and setting materials to repair the fountain tile damaged by car crash on 3/13/23 and as shown of the fountain plan sheet emailed to me on 3/23/23. Scope of work to be isolated to an approximate 12’ radius area of the fountain wall.
Bid is for labor and setting materials only at this time. California Pottery will supply cost to match the existing fountain tile per job site meeting on 3/28/23. They have received tile samples from Nathan and are currently testing color & glazes. I will provide the pricing for the tile once I receive from California Pottery.
Excludes: Any other tile work or patchwork to the existing fountain other than noted above.
Includes: Union labor / prevailing wage rates.
- Scope of work as follows:
Remove damaged tile, grout, and setting bed to sufficiently tie back to the existing tile pattern. Install new mortar setting bed, tile, and grout to match the existing tile pattern. Haul away any trash generated by our work or deposit into dumpsters if available. Clean up work area after our work is complete (final cleaning by City).
Exhibit A: Page 2 of 6
335
cm CHARLES McCANDLESS TILE CONTRACTOR, INC. (714) 542-4433 636 POINSETTIA STREET . SANTA ANA . CALIFORNIA 92701 . FAX (714) 542-0628
Ceramic Tile . Quarry Tile . Specialties - e-mail: [email protected] STATE LICENSE NO 196900 DIR Registration #1000003364
QUALITY IN TILE SINCE 1924
- Setting materials / Installation process:
Float / plaster fountain wall using ‘Quickcrete Wall Float’ product. Direct bond to concrete using thinset slurry. Approx ¾” thickness to match existing.
Set tile using Custom Building Products ‘ProLite’ thinset mortar.
Grout tile using white cement grout to match. I will have the existing grout tested from Custom Building Products to determine make-up and correct match.
Provide final clean wash of the fountain tile patch area only.
- Exclusions:
Structural concrete, rebar, and form work for the fountain wall structure. Dumpster for trash removal (if not provided we will haul away our trash). Any work to the existing fountain basin or the existing tile not directly affected by the accident (12’ radius area) or noted above. Temporary barricades, fencing, and/or caution tape to safe off area from public. Construction toilets for daily use by workers. Off-hours work (work to take place M-F, 7am – 3pm). Installation of the new waterproof fountain coating. Media blast or removal of the existing blue waterproof fountain coating. Final cleaning, prep, and wipe down of the entire fountain area to prepare for re-filling and system start-up (by city).
- ALTERNATE: $TBD:
Cost to supply fountain tile from California Pottery. Tile to match existing as best as possible. Exact color match, finish, and patina cannot be guaranteed due to the age of the existing fountain tile. Samples to be provided for approval.
* Proposal price may be subject to change due to tariffs on tile. * Our bond rate is 1.5% and is not included in our bid unless otherwise noted. * We do not provide AS Built/Shop Drawings unless otherwise noted. * Please ADD a minimum charge of $ 250.00 for any outside payment service (i.e. Textura) if required.
Respectfully submitted,
Charles McCandless Tile Contractor, Inc.
Mark McCandless
[email protected]
Exhibit A: Page 3 of 6
336
Office: (714) 542-4433
General Contractor: GC CO #:
Contact: Subcontractor COR #: 6500
Date Submitted: Submitted By: Mark McCandless
Project Name:
Description of Work:
Labor Classification Quantity Units Labor Rate Total
hrs x $/hour -$
hrs x $/hour -$
hrs x $/hour -$
hrs x $/hour -$
-$
Item Quantity Units Unit price Total
Tile -6P Blue 80 pieces x 12.00$ 960.00$
Tile -36P Blue 140 pieces x 18.00$ 2,520.00$
Tile -4P Orange 180 pieces x 8.00$ 1,440.00$
Tile -36P Orange 140 pieces x 12.50$ 1,750.00$
Tile -4P Orange Diamond 140 pieces 8.00$ 1,120.00$ Tile -4P Burgundy 40 pieces x 8.00$ 320.00$
Tile -36P Burgundy 80 pieces x 12.50$ 1,000.00$
Tile -36P Light Green 240 pieces x 12.50$ 3,000.00$ Tile -16P Beige 80 pieces x 10.00$ 800.00$
-$
-$
Subtotal: 12,910.00$
Tax Rate 9.50%
14,136.45
Item Quantity Units Unit price Total
Color Test 5 units x 1,200.00$ 6,000.00
Molding 1 unit x 2,500.00$ 2,500.00
Truck & Equipment 1 day x 450.00$ 450.00
8,950.00
23,086.45
3,462.97
Total Invoice Amount: 26,549.42
4/26/2023
Mark McCandless, Project Manager Date
Charles McCandless Tile Contractor, Inc.
636 Poinsettia St.
Santa Ana, CA 92701
LABOR
Change Order Request
Tile purchase and pick up from Los Angeles - CA Pottery & Tile Works - **Revised Quantities 4/26/2023 City of Orange - Orange Plaza Fountain
Nathan Bluhm
City of Orange
4/26/2023
Total Labor
Total Material
Total Other
MATERIAL
Other:
SubTotal Labor, Material, Equipment
Overhead and Profit 15%
Mark McCandless
Exhibit A: Page 4 of 6
337
Project Terms and conditions: Project will commence upon receipt of payment.
Please Make Checks Payable To; California Pottery & Tile Works INC California Pottery and Tile Works (1)
5843 Towne Ave
Los Angeles, CA 90003
(323) 235-4151
[email protected]
www.calpot.com
Estimate
ADDRESS
MARK
CHARLES McCANDLESS TILE
636 POINSETTIA ST.
P.O.BOX 927
SANTA ANNA, CA 92702
SHIP TO
.
ESTIMATE # DATE
6521 04/25/2023
SHIP VIA REP P.O NO.
PICK UP SM ORANGE FOUNTAIN
ACTIVITY DATE QTY RATE AMOUNT
ORANGE FOUNTAIN PROJECT
BLUE TILE
6P
5-7/8" x 5-7/8" FIELD TILE
80 12.00 960.00T
36P
3x6 FIELD TILE SBN TRIM
140 18.00 2,520.00T
.
ORANGE TILE
4P
4-1/4" x 4-1/4" FIELD TILE
180 8.00 1,440.00T
36P
2-7/8" x 6" FIELD TILE
140 12.50 1,750.00T
4P
4-1/4" x 4-1/4" FIELD TILE DIAMOND ( 1/2 TILE
/ DIAMOND ACCENT )
140 8.00 1,120.00T
.
BURGANDY TILE
4P
4-1/4" x 4-1/4" FIELD TILE
40 8.00 320.00T
36P
2-7/8" x 6" FIELD TILE
80 12.50 1,000.00T
.
LIGHT GREEN
36P
2-7/8" x 6" FIELD TILE
240 12.50 3,000.00T
.
BEIGE TILE
E
xhibit A: Page 5 of 6
338
Project Terms and conditions: Project will commence upon receipt of payment.
Please Make Checks Payable To; California Pottery & Tile Works INC
ACTIVITY DATE QTY RATE AMOUNT
16P
1" x 6" FIELD TILE
80 10.00 800.00T
.
TEST
COLOR TEST TO MATCH EXISTING AS CLOSE
AS POSSSIBLE
5 1,200.00 6,000.00
MOLD
MOLDING CHARGE
1 2,500.00 2,500.00
SUBTOTAL 21,410.00
TAX (0.095) 1,226.45
TOTAL $22,636.45
Accepted By Accepted DateE
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Agenda Item
City Council
Item #: 3.11. 1/9/2024 File #: 23-0834
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorize purchase of a prisoner transport van from the National Auto Fleet Group for the Orange Police Department using a Cooperative Purchasing Agreement.
2. SUMMARY
Purchase a 2024 Ford Transit Cargo Van T-350 with Jailer Van upfit from National Auto Fleet Group for the Orange Police Department. The City Council has previously approved the Cooperative Purchasing Agreement as the standard for vehicle procurement.
3. RECOMMENDED ACTION
Approve the purchase of a prisoner transport van and jailer upfit from National Auto Fleet Group in the amount of $106,187.
4. FISCAL IMPACT
The total expenditure for this purchase is $106,187 and will be funded through the Vehicle Replacement Fund 720.5023.55212.19999.
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 Police Department is temporarily using a reconfigured Explorer patrol vehicle to transport prisoners; however, the Explorer has reached the end of its useful life. The proposed replacement Jailer Van will include secure compartments, robust restraint systems, an advanced CCTV system, climate control, ventilation systems, and a customized layout that meets varying transport needs while complying with relevant regulations. An estimated cost for the acquisition, including the CCTV system integration, has been provided, and by using the Sourcewell cooperative agreement, significant cost savings are anticipated. Integrating modern technology has brought many benefits to transporting individuals in custody, including improved safety measures and enhanced documentation of interactions. Such advancements have vastly improved transportation management, making it a more secure and efficient process for all involved. Proceeding with this acquisition will significantly enhance public safety and the efficiency of law enforcement operations in City of Orange Printed on 1/4/2024Page 1 of 2
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acquisition will significantly enhance public safety and the efficiency of law enforcement operations in Orange.
7. ATTACHMENTS
· Bid available for review in the Purchasing Department City of Orange Printed on 1/4/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.11. 1/9/2024 File #: 23-0834
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorize purchase of a prisoner transport van from the National Auto Fleet Group for the Orange Police Department using a Cooperative Purchasing Agreement.
2. SUMMARY
Purchase a 2024 Ford Transit Cargo Van T-350 with Jailer Van upfit from National Auto Fleet Group for the Orange Police Department. The City Council has previously approved the Cooperative Purchasing Agreement as the standard for vehicle procurement.
3. RECOMMENDED ACTION
Approve the purchase of a prisoner transport van and jailer upfit from National Auto Fleet Group in the amount of $106,187.
4. FISCAL IMPACT
The total expenditure for this purchase is $106,187 and will be funded through the Vehicle Replacement Fund 720.5023.55212.19999.
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 Police Department is temporarily using a reconfigured Explorer patrol vehicle to transport prisoners; however, the Explorer has reached the end of its useful life. The proposed replacement Jailer Van will include secure compartments, robust restraint systems, an advanced CCTV system, climate control, ventilation systems, and a customized layout that meets varying transport needs while complying with relevant regulations. An estimated cost for the acquisition, including the CCTV system integration, has been provided, and by using the Sourcewell cooperative agreement, significant cost savings are anticipated. Integrating modern technology has brought many benefits to transporting individuals in custody, including improved safety measures and enhanced documentation of interactions. Such advancements have vastly improved transportation management, making it a more secure and efficient process for all involved. Proceeding with this acquisition will significantly enhance public safety and the efficiency of law enforcement operations in City of Orange Printed on 1/4/2024Page 1 of 2
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acquisition will significantly enhance public safety and the efficiency of law enforcement operations in Orange.
7. ATTACHMENTS
· Bid available for review in the Purchasing Department City of Orange Printed on 1/4/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.12. 1/9/2024 File #: 23-0830
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director
1. SUBJECT
General Plan Annual Progress Report to the State of California.
2. SUMMARY
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor’sOffice of Planning and Research and the Department of Housing and Community Development each year. This report summarizes the City’s implementation accomplishments for 2022.
3. RECOMMENDED ACTION
Receive and file the 2022 General Plan Annual Progress Report for submittal to the State.
4. FISCAL IMPACT
None
5. STRATEGIC PLAN GOALS
Not applicable since this item is informational in nature and involves no action.
6. DISCUSSION AND BACKGROUND
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor’sOffice of Planning and Research and Department of Housing and Community Development. Prior to submittal to the State, the annual report must be presented to the City Council for review and acceptance. As a procedural matter, staff took the annual report to the Planning Commission at its December 4, 2023, meeting (Attachment 1) for receipt and acceptance prior to the City Council action given the role of the Commission as advisory to the Council in planning matters. The Planning Commission unanimously recommended having the report filed with the City Council for submittal to the State.
General Plan implementation supports the quality of life objectives for the community that serve as the foundation for the General Plan Vision Plan (Attachment 2). Annual report and tracking activities enable the City and State to track progress made on General Plan implementation. The General Plan Implementation Report (Attachment 3) details the key implementation actions that the City accomplished or made progress on in 2022. Some highlights of the City’saccomplishments in 2022 include:
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· Completed a comprehensive neighborhood preservation overlay zone ordinance · Completed a fence and wall ordinance update
· Processed 1,183 code enforcement cases
· Completed Construction of the Spring Street and Prospect Street Critical Intersection improvements
· Completed Construction of a new Fire Department headquarters · Expanded services, in-person library programs, and operating hours of libraries · Allocated funding for a new skate park at Grijalva Park · Construction began for the Corp Yard Housing Project, which is a 62 unit affordable housing project for families
· Continued annual public right-of-way and infrastructure maintenance and repair · Completed CDBG ADA Wheelchair Access Ramps at Various Locations Housing Element
The Housing Element is one of the state-mandated elements of the General Plan. The Department of Housing and Community Development (HCD) requires the reporting of Housing Element implementation on specific state reporting forms. The method of reporting of Housing Element implementation is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its regional housing needs assessment (RHNA) allocation. The City’s Housing Element Implementation Progress Report is included in Attachment 4 and was submitted to the State on May 31, 2023. The subject report is a companion to the 2022 Housing Element report.
In summary, building permits were issued for 194 new residential units in 2022: 82 units were accessory dwelling units, two units were single family residences, and 110 units were apartments/multi-family units. More detailed information about unit affordability assumptions and the City’sprogress in meeting its Year 2021-2029 RHNA goals is provided in Attachment 1. However, there are 62 units that fall into the low affordability category which was a result of the partnership with C&C Development and Orange Housing Development Corporation (OHDC) for the City Corporate Yard to construct 62 workforce units in a new multi-family complex.
The City also continues its efforts to implement the Policy Actions of its Housing Element.
Furthermore, preparation of this annual report constitutes implementation of Policy Action 2A: Annual Review of Housing Element (Attachment 4).
7. ATTACHMENTS
· Attachment 1 - Planning Commission Staff Report dated December 4, 2023 · Attachment 2 - 2010 General Plan Vision Statement
· Attachment 3 - 2022 General Plan Implementation Report · Attachment 4 - 2022 Annual Housing Element Implementation Progress Report City of Orange Printed on 12/21/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.12. 1/9/2024 File #: 23-0830
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director
1. SUBJECT
General Plan Annual Progress Report to the State of California.
2. SUMMARY
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor’sOffice of Planning and Research and the Department of Housing and Community Development each year. This report summarizes the City’s implementation accomplishments for 2022.
3. RECOMMENDED ACTION
Receive and file the 2022 General Plan Annual Progress Report for submittal to the State.
4. FISCAL IMPACT
None
5. STRATEGIC PLAN GOALS
Not applicable since this item is informational in nature and involves no action.
6. DISCUSSION AND BACKGROUND
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor’sOffice of Planning and Research and Department of Housing and Community Development. Prior to submittal to the State, the annual report must be presented to the City Council for review and acceptance. As a procedural matter, staff took the annual report to the Planning Commission at its December 4, 2023, meeting (Attachment 1) for receipt and acceptance prior to the City Council action given the role of the Commission as advisory to the Council in planning matters. The Planning Commission unanimously recommended having the report filed with the City Council for submittal to the State.
General Plan implementation supports the quality of life objectives for the community that serve as the foundation for the General Plan Vision Plan (Attachment 2). Annual report and tracking activities enable the City and State to track progress made on General Plan implementation. The General Plan Implementation Report (Attachment 3) details the key implementation actions that the City accomplished or made progress on in 2022. Some highlights of the City’saccomplishments in 2022 include:
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Item #: 3.12. 1/9/2024 File #: 23-0830
· Completed a comprehensive neighborhood preservation overlay zone ordinance · Completed a fence and wall ordinance update
· Processed 1,183 code enforcement cases
· Completed Construction of the Spring Street and Prospect Street Critical Intersection improvements
· Completed Construction of a new Fire Department headquarters · Expanded services, in-person library programs, and operating hours of libraries · Allocated funding for a new skate park at Grijalva Park · Construction began for the Corp Yard Housing Project, which is a 62 unit affordable housing project for families
· Continued annual public right-of-way and infrastructure maintenance and repair · Completed CDBG ADA Wheelchair Access Ramps at Various Locations Housing Element
The Housing Element is one of the state-mandated elements of the General Plan. The Department of Housing and Community Development (HCD) requires the reporting of Housing Element implementation on specific state reporting forms. The method of reporting of Housing Element implementation is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its regional housing needs assessment (RHNA) allocation. The City’s Housing Element Implementation Progress Report is included in Attachment 4 and was submitted to the State on May 31, 2023. The subject report is a companion to the 2022 Housing Element report.
In summary, building permits were issued for 194 new residential units in 2022: 82 units were accessory dwelling units, two units were single family residences, and 110 units were apartments/multi-family units. More detailed information about unit affordability assumptions and the City’sprogress in meeting its Year 2021-2029 RHNA goals is provided in Attachment 1. However, there are 62 units that fall into the low affordability category which was a result of the partnership with C&C Development and Orange Housing Development Corporation (OHDC) for the City Corporate Yard to construct 62 workforce units in a new multi-family complex.
The City also continues its efforts to implement the Policy Actions of its Housing Element.
Furthermore, preparation of this annual report constitutes implementation of Policy Action 2A: Annual Review of Housing Element (Attachment 4).
7. ATTACHMENTS
· Attachment 1 - Planning Commission Staff Report dated December 4, 2023 · Attachment 2 - 2010 General Plan Vision Statement
· Attachment 3 - 2022 General Plan Implementation Report · Attachment 4 - 2022 Annual Housing Element Implementation Progress Report City of Orange Printed on 12/21/2023Page 2 of 2
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Agenda Item
Planning Commission
Item #: 4.1. 12/4/2023 File #: 23-0689
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Robert Garcia, Senior Planner
1. SUBJECT
General Plan Annual Progress Report to the State of California.
2. SUMMARY
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor’sOffice of Planning and Research and the Department of Housing and Community Development each year.
3. RECOMMENDED ACTION
Receive and file the 2022 General Plan Annual Progress Report.
4. AUTHORIZING GUIDELINES
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor’sOffice of Planning and Research and Department of Housing and Community Development. Prior to submittal to the State, the annual report must be presented to the City Council for review and acceptance. As a procedural matter, staff is bringing this annual report to the Planning Commission for receipt and acceptance prior to the City Council action given the role of the Commission as advisory to the Council in planning matters, including implementation of the General Plan.
5. PROJECT BACKGROUND
The City’s2010 General Plan was adopted on March 9, 2010. State law requires generalized annual reporting on General Plan implementation, with specific reporting requirements and forms related to the Housing Element.
6. PROJECT DESCRIPTION
Over the course of 2022, the City undertook a number of activities that implement the goals and policies of the Land Use, Circulation & Mobility, Natural Resources, Cultural Resources & Historic Preservation, Infrastructure, Urban Design, Public Safety, Economic Development, and Housing Elements. These activities also reflect progress made on the programs of the General Plan Implementation Plan.
7. ANALYSIS AND STATEMENT OF THE ISSUES
Issue 1: General Plan Implementation
General Plan implementation supports the quality of life objectives for the community that serve as the foundation for the General Plan (Attachment 1). Activities undertaken by the City through its City of Orange Printed on 11/30/2023Page 1 of 4
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the foundation for the General Plan (Attachment 1). Activities undertaken by the City through its Capital Improvement Program, project plans and studies, facility maintenance and management, and inter-agency coordination each play a part in General Plan implementation. Annual report and tracking activities enable the City and State to track progress made on General Plan implementation.
Over the course of 2022, the City continued to make measurable progress in implementing important goals, policies, and programs that span a range of General Plan Elements. The General Plan Implementation Report (Attachment 2) details the key implementation actions that the City accomplished or made progress on in 2022. Some highlights of the City’saccomplishments in 2022 include:
· Completed a fence and wall ordinance update
· Completed a comprehensive neighborhood preservation overlay zone ordinance · Worked on the review and refinement of the draft Chapman University Specific Plan update · Worked on the implementation of Phase I of the Salem Lutheran Church and School Campus Specific Plan
· Prepared a request for proposals to develop Objective Design Standards · Processed 1,183 code enforcement cases
· Four signalization projects were completed, and one was under construction · Completed Construction of the Spring Street and Prospect Street Critical Intersection improvements
· Installed Radar Feedback Signs at 12 locations around the city · Completed Construction of a new Fire Department headquarters · Fire Department took possession of one Type 1 fire engine along with two Chevrolet Tahoe command vehicles
· Conducted 14 Neighborhood Watch Program meetings
· Conducted Community Emergency Response Team (CERT) training for 38 participants · Conducted Active Shooter training at Chapman University · Expanded services, in-person library programs, and operating hours of libraries · Collaborated with the Orange Unified School District to present the Lunch at the Library summer program at the El Modena Branch Library that served 947 meals to children · Expanded Pop Up Library outreach through new partnerships · Allocated funding for a new skate park at Grijalva Park · Construction began for the Corp Yard Housing Project, which is a 62 unit affordable housing project for families
· Continued annual public right-of-way and infrastructure maintenance including pavement City of Orange Printed on 11/30/2023Page 2 of 4
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· Continued annual public right-of-way and infrastructure maintenance including pavement patching and maintenance, slurry seal, concrete replacement, sewer line cleaning and replacement, installation of ADA wheelchair access ramps, water meter replacement, street tree maintenance, pothole repairs, sidewalk installation, fleet vehicle maintenance, water lateral replacement
Issue 2: Housing Element
The State Department of Housing and Community Development (HCD) requires the reporting of Housing Element implementation on specific state reporting forms every April. Staff submitted the required report to HCD on May 31, 2023. The method of reporting of Housing Element implementation is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its regional housing needs assessment (RHNA) allocation. The City’s Housing Element Implementation Progress Report is included in Attachment 3 of this report. In summary, building permits were issued for 194 new residential units in 2022: 82 units were accessory dwelling units, two units were single family residences, and 110 units were apartments/multi-family units. The single-family residential units are assumed to fall into the Above-Moderate income category and some of the accessory dwelling units and apartments/multi-family units are assumed to fall in the Moderate income category. It is possible that some of the accessory dwelling units could be affordable to low income families as well but the City does not have data to substantiate ADU affordability at this time. There are 62 units that fall into the low affordability category which was a partnership with C&C Development and OHDC for the City Corp Yard to construct 62 workforce units in a new multi-family complex. The City’s progress in meeting its Year 2021-2029 RHNA goals is summarized in the table below. 2022 Building Permit Issuance In Relation to RHNA
Income Level 2021-2029 RHNA
(# of units)
2021 New Units
(As of 10/15/2021)
2022 New Units 2021-2029
Remaining RHNA
Need
Very Low 1,067 0 0 1,067
Low 604 0 62 542
Moderate 677 2 82 593
Above-Moderate 1,588 1 50 1,537
Total 3,936 3 194 3,739
As further detailed in Table D of Attachment 3, the City also continues its efforts to implement the Policy Actions of its Housing Element. Furthermore, preparation of this annual report constitutes implementation of Policy Action 2A: Annual Review of Housing Element.
8. PUBLIC NOTICE
No public notification is required for this report to the Planning Commission.
9. ENVIRONMENTAL REVIEW
Since this item is informational in nature and involves no action by the Planning Commission, CEQA does not apply. Notwithstanding, Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with CEQA. The implementation activities identified in the subject report are addressed City of Orange Printed on 11/30/2023Page 3 of 4
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accordance with CEQA. The implementation activities identified in the subject report are addressed in the previously-approved General Plan EIR.
10. ADVISORY BOARD ACTION
The Annual General Plan Report is not reviewed by either the Staff Review Committee or the Design Review Committee because it is an informational report.
11. ATTACHMENTS
· Attachment 1 - 2010 General Plan Vision Statement
· Attachment 2 - 2022 General Plan Implementation Report · Attachment 3 - 2022 Annual Housing Element Implementation Progress Report City of Orange Printed on 11/30/2023Page 4 of 4
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INTRODUCTION
ORANGE GENERAL PLAN
I-17
A VISION FOR ORANGE: 2030
Preamble
The people, neighborhoods, businesses, and educatio nal and religious institutions define Orange.
Our identity has been enhanced because we have hono red the past while creating our future. We must continue to maintain our small town character within residential neighborhoods, while providing a wide range of services, products, and amenities in our commercial, retail, and industrial districts.
Where We Live
Our vision for Orange is to continue to provide housing for all lifestyles within its diverse population. The General Plan will strive to maintai n the different residential areas that make Orange unique: whether living in a semi-rural area that provides scenic views of natural be auty and convenient access to nature and trails; residin g in a traditional suburban neighborhood setting; or enjoying the urban core experience near shops, restaurants, civic facilities, and public services. In the future, we will strive to achieve the following objectives:
Orange must continue to encourage a variety of livi ng environments for a diverse population, consistent with existing neighborhoods.
The City will build upon existing assets to create a living, active, and diverse environment that complements all lifestyles and enhances neighborhoo ds, without compromising the valued resources that make Orange unique.
The City will continue efforts to protect and enhan ce its historic core. This same type of care and attention will be applied throughout the rest of the City. The City will work to improve the quality of life f or all residents by providing residential, commercial, industrial, and public uses that exist in harmony with the surrounding urban and natural environments.
Residential areas will be connected to commercial, recreational, and open space areas, as wel l as educational and cultural facilities via a balanc ed, multi-modal circulation network that accommodates vehicles, pedestrians, cyclists, hikers, and equestrians. This network will create additional opportunities for walking and biking, en hancing safety and well-being for neighborhoods and businesses.
The City will encourage a local economy that provid es ample commercial, financial, office, and industrial opportunities that provide employment an d sufficient revenue to support important community services.
Orange recognizes the importance of managing develo pment in a manner that ensures adequate and timely public services and infrastruct ure and limits impacts on the natural environment.
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INTRODUCTION
ORANGE GENERAL PLAN
I-18
Where We Work
Our vision for Orange is to find an appropriate bal ance between residential, commercial, and industrial demands. This vision encourages the City ’s retail districts to improve piece by piece, so that their efforts will result in a public realm al ong Chapman Avenue, Tustin Street, Katella Avenue, and Main Street that will be characterized by visually attractive commercial development, active public areas, high-quality streetscapes, and innovative design that complements Orange’s heritage.
To achieve our vision, we shall work toward the following objectives:
The City will strive to provide for a range of busi nesses including both small, family-owned businesses and larger businesses that serve a regional market. The appearance and variety of commercial, retail, i ndustrial, and employment centers will reflect the pride that residents have for Orange, a s well as the long-term investments the City has made in its infrastructure.
Orange will tap into the entertainment and hospital ity markets by enabling development of high-quality facilities strategically located near other regional tourist draws. We will continue to support educational and medical institutions and other industries that provide high paying jobs and are major contributors to the community.
Where We Play
Our community recognizes that its quality of life w ill be judged by how well we connect with our surroundings. Therefore, this General Plan has focu sed on maintaining and creating those special places that bring us together. It is paramount to r einforce the connections between those places and the community, so that all our residents and vi sitors can share and enjoy the outdoors and other activities.
Therefore, our Vision includes the following objectives:
The City will work to define neighborhoods through the use of open space areas and a trail system that provides a source of aesthetic beauty a nd recreational opportunities. These open space areas support a healthy and active community.
We will continue to protect our critical watersheds , such as Santiago Creek, and other significant natural and open space resources.
The City will strive to build a comprehensive system of parks, open space, equestrian areas, scenic resources, undeveloped natural areas, as well as a full array of recreational, educational, and cultural offerings such as libraries, sports, entertainment areas, and play facilities. We will develop a connected multi-modal network for traveling from one end of town to the other that provides the option for residents from d ifferent neighborhoods to access parks, open spaces, and scenic areas by vehicle, transit, foot, bicycle or, where appropriate, horse. 353
1 City of Orange General Plan Implementation Report For Calendar Year 2022
1. Introduction
The 2010 General Plan provides a strategic program for addressing and planning for the quality of life and needs of the communit y through 2030. The document consists of a Communit y Vision Statement that is supported by goals, policies and implementation programs presented in 11 elements. The content strives to address regional and state issues and ensure that a multi- disciplinary approach is taken with the change and physical evolution that occurs in the City.
The complete General Plan, Implementation Plan, and Program EIR are available on the City’s website at:
https://www.cityoforange.org/our-city/departments/community-development/general-plan
2. Table of Contents
The Table of Contents was submitted to the State Office of Planning and Research (OPR) in April 2011 and is on file.
3. Date of Presentation/Acceptance by Local Legislative Body The City Council adopted the 2010 General Plan and certified the associated Program EIR on March 9, 2010. Resolutions 10425 and 10436 are on file with the OPR. The City adopted a General Plan Amendment on December 8, 2015, that represented an accuracy review and technical cleanup of the General Plan. City Council Resolution 10911 related to this accuracy update is on file with OPR.
4. General Plan Implementation Actions in 2022
During the 2022 calendar year the City accomplished or made significant progress on key implementation actions including:
Zoning Code Update (Implementation Program I-1): In 2022, staff continued work on ordinances to update the City’s sign and landscape standards. In 2022, the city updated its fence/wall ordinance for all zoning districts. Also in 2022, staff completed a n interim SB9 ordinance, and created a comprehensive neighborhood preservation overlay zone ordinance.
These activities implement Goals 1.0, 6.0, and 8.0 and Policies 1.1, 1.2, 1.3, 1.4, 6.1, 6.2, 6.6,
8.1 and 8.3 of the Land Use Element; Goal 7.0 and Policies 7.2, 7.5, and 7.6 of the Public Safety Element; Goals 1.0, 2.0, and 5.0 and Policies 1.1,1.2, 1.3, 2.2, 5.1, and 5.2 of the Noise Element; Goals 1.0, 4.0, and 6.0 and Policies 1.1, 1.4, 4.1, 6.1, and 6.3 of the Urban Design Element; and Goals 1.0, 3.0, 1.0, 3.0, 5.0, and 7.0 and Policies 1.1, 1.5, 3.2, 3.4, 5.2, 5.4, 5.5,
7.1 and 7.2 of the Economic Development Element.
Specific Plans and Neighborhood Plans (Implementation Program I-3): In 2022 the City worked on the review and refinement of the draft Chapman University Specific Plan update. 354
2 An environmental impact report is presently under preparation for the specific plan, with public hearing anticipated in 2023. The City worked on the implementation of Phase I of the Salem Lutheran Church and School Campus Specific Plan.
This activity is anticipated to implement Goals 1.0, 2.0, 3.0, 6.0, and 8.0 and Policies 1.1. 1.2,
1.3, 1.4, 1.6, 1.7, 2.4, 2.5, 2. 6, 2.7, 2.8. 2.9, 3.1, 3.2, 3 .3, 3.4, 6.1, 6.3, 6.4, 6.6, 6.8, 8.1, 8.2, and 8.3 of the Land Use Element; Goals 1.0, 2.0, 3.0, 4.0, 5.0, and 6.0 and Policies 1.1, 1.2, 1.3,
1.7, 2.5, 2.6, 3.2, 3.3, 4.2, 4.7, 5.2 , 5.3, 5.4, and 6.3 of the Circulation & Mobility Element; Goals 1.0 and 2. 0 and Policies 1.1, 1.4, 1.5,1.6, 1.7, 1.8, 1.9, 2.3, and 2.4 of the Growth Management Element; Goals 2.0 and 5.0 and Policies 2.2, 2.3, 2.6, 2.8, 2.14, 2.15, and 5.4 of the Natural Resources Element; Goals 2.0, 7.0, 9.0 and Polices 2.4, 7.2, 7.3, 7.4, 7.5, and 9.3 of the Public Safety Element; Goals 1.0, 2.0, and 5.0 and Policies 1.2, 1.3, 1.5, 2.1, 2.2, 2.3, 2.5,
5.1, 5.2, and 5.3 of the Noise Element; Goals 1.0 and 3.0 and Policies 1.1, 1.6, 3.5, and 3.6 of the Infrastructure Element; Goals 1.0, 2.0, 3.0, 4.0, and 6.0 and Policies 1.1, 1.2, 1.3, 1.5, 2.1,
2.2, 2.3, 2.4, 2.5, 3.1, 4.1, 4.2, 4.3, 4.5, 6.1, 6.2, 6.3, 6.4, and 6.5 of the Urban Design Element; Goals 1.0, 2.0, 3.0, 4.0, 5.0, and 7.0 and Policies 1.1, 1.5, 2.5, 3.4, 4.2, 4.3, 5.2, 5.4,
5.5, 7.1, and 7.2 of the Economic Development Element; and Goals 1.0, 2.0, 3.0, 4.0, and 5.0 of the Housing Element.
Plans, Standards, and Guidelines (Implementation Program I-4): In 2022, the City prepared a request for proposals to develop Objective Design Standards (ODS). It is anticipated to have ODS completed in 2023.
The City also worked on the review and refinement of the draft Chapman Un iversity Specific Plan update which will include refinements to existing landscape, streetscape, and design standards.
This activity is anticipated to implement Goals 1.0, 2.0, 3.0, 6.0, and Policies 1.2, 1.4, 1.6, 2.5,
2.6, 2.7, 2.8. 3.1, 3.3, 6.1, 6.3, 6.6, and 6.8 of the Land Use Element; Goals 1.0, 2.0, 3.0, 4.0, and 6.0 and Policies 1.1, 1.3, 1.7, 2.5, 2.6, 3.2, 3.3, 4.2, 4.7, and 6.3 of the Circulation & Mobility Element; Goal 1.0 and Policies 1.1, 1.5,1.6, 1.7, and 1.9 of the Growth Management Element; Goal 2.0 and Policies 2.2, 2.3, 2.6, 2.8, 2.14, 2.15 of the Natural Resources Element; Goals 2.0, 7.0, 9.0 and Po lices 2.4, 7.2, 7.3, 7.4, 7.5 , and 9.3 of the Pub lic Safety E lement; Goals 1.0, 2.0, and 5.0 and Policies 1.2, 1.3, 1.5, 2.2, 2.3, 2.5, 5.1, and 5.2 of the Noise Element; Goal 3.0 and Policy 3.5 of the Infrastructure Element; Goals 1.0, 2.0, 3.0, 4.0, and 6.0 and Policies 1.1, 1.2, 1.3, 1.5, 2.2, 2.3, 2.4, 2.5, 3.1, 4.1, 4.2, 4.3, 6.1, and 6.2 of the Urban Design Element; Goal 5.0, and Policy 5.2 of the Economic Development Element; and Goal 3.0 of the Housing Element.
Transfer of Develop ment Rights Ordinance ( Implementation Program I-5): In 2022, the City made continued efforts in the preparation of a Transfer of Development Rights Ordinance.
Completion is anticipated in 2023.
This activity implements Goals 1.0, 2.0, 5.0 and Policies 1.2, 1.3, 2.1, 2.2, and 2.8 of the Land Use Element; Goal 5.0 and Policy 5.4 of the Circulation and Mobility Element; Goal 1.0 and Policies 1.6, 1.8, 2.4, and 3.2 of the Growth Management Element; Goal 5.0 and Policies 5.4, 355
3 5.5 and 5.7 of the Natural Resources Element; Goals 4.0 5.0, and 6.0 and Policies 4.1, 5.3, and 6.2 of the Urban Design Element; Goals 3.0 and 7.0 and Policies 3.3, 4.3, 5.4, 7.1, and
7.2 of the Economic Development Element; and Goal 3.0 of the Housing Element.
Code Enforcement (Implementation Program I-8): In 2022, 1,183 code enforcement cases of all types were opened and 416 cases were closed. Although nearly all code enforcement cases relate to property maintenance in some form, 673 cases specifically involving property maintenance were opened in 2022.
This activity implements Goals 5.0 and 7.0 and Policy 7.5 of the Land Use Element; Goal 7.0 of the Safety Element; Goal 1.0 and Policy 1.4 of the Noise Element; Goals 4 .0 and 5.0 an d Policies 4.2 and, 5.2 of the Economic Development Element; and, Policy Action 24 of the Housing Element.
Building and Fire Codes (Implementation Program I-9): In late 2022, the City adopted by Resolution the 2022 California Fire Code and the 2022 California Building Codes with modification and changes to address local conditions in compliance with State law. The updated Fire and Building Codes went into effect on January 1, 2023. In 2022 the State, and by extension the City, amended code requirements regulating Energy Storage Systems installed on dwelling units and or in garages attached to dwelling units.
In 2022, the City added Section 15.19 in Title 15 of the OMC – Electric Vehicle Charging Stations in compliance with Government Code Section 65850.7 and to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public he alth and safety and preventing specific adverse impacts in the installation and use of such charging stations.
This activity implements Goals 1.0, 3.0, and 7.0 of the Public Safety Element, pertaining to ensuring safe structures, protecting communities against fire hazards, and improving community safety by reducing opportunities for criminal activity.
Traffic Signals (Implementation Progr am I -10): Several si gnalization projects were completed or were under construction in 2022. Those projects include:
The following projects were completed in 2022:
• Glassell Street at Meats Avenue Left Turn Phase Signalization – Completed • Glassell Street at Collins Avenue Left Turn Phase Signalization – Completed • Chapman Avenue at Flower Street Left Turn Phase Signalization – Completed • Chapman Ave. at Feldner Street Left Turn Phase Signalization – Completed
The following projects were under construction in 2022:
• Chapman Avenue at Batavia Street Traffic Signal Modification
This activity implements Goals 1.0 and Policy 1. 2 of the Circulation an d Mobility Element; Goal 3.0 and Policy 3.3 of the Infrastructure Element; and, Goal 6.0, and Policies 6.1 and 6.2 of the Economic Development Element.
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4 Intersection Improvements (Implementation Program I-11): “Critical Intersections” consist of key intersections with historical or projected traffic congestion problems. In 202 2, construction was completed for the following intersection improvements:
• Spring Street at Prospect Street Intersection Modification – Completed
In 2022, the following intersection improvement projects were initiated:
• Cannon Street at Serrano Avenue Intersection Reconfiguration
This activity implements Goal 1.0 and Policy 1.2 of the Circulation and Mobility Element; Goal 3.0 and Policies 3.1 and 3.3 of the Infrastructure Element; and, Goal 6.0 and Policy
6.1 and 6.2 of the Economic Development Element.
Operating Budget (Implementation Program I-15): In 2022, the City continued to maintain necessary levels of City services for infrastructure such as water, sewer, roads and, parks; and, for recreation programs, public safet y, and capital improvement and private development review.
Although all General Plan Goals and Policies relate to the operating budget, the most directly related Goals and Policies to the implementation program include Goals 1.0 and 5.0 and Policies 1.7, 5.6, 5.7 and, 6.4 of the Land Use Element; Goals 1.0, 2.0, 3.0, 4.0, 6.0 and Policies
1.1, 1.2, 1.6, 3.2, 4.5, 4.7 and, 6.1 - 6.3 of the Circulation & Mobility Element; Goals 2.0 and 5.0 and Policies 2.3, 2.13, 5.1, 5.2, 5.5, 6.2 of the Natural Resources Element; Goals
3.0 and 6.0 and Policies 3.4, 3.8, 6.1, 6.2, 6.3 of the Public Safety Element; Goal 5.0 and Policies 5.1 and 5.5 of the Cultural Resources Element; Goals 1.0, 2.0 and, 3.0 and Policies
1.1, 1.2, 1.5, 2.1, 3.1, 3.2, 3.3 and, 3.5 of the Infrastructure Element; and, Goals 2.0, 5.0 and
6.0 and Policies 2.4, 5.4, 6.1 and, 6.2 of the Economic Development Element.
Community Character Design Elements (Implementation Program I-24): In 2022, the City prepared a request for proposals to develop Objective Desing Standards (ODS). Completion is anticipated in 2023. Additionally, ODS were implemented in the interim SB 9 ordinance and is anticipated to be finalized in 2023.
This activity implements Goals 1.0, 2.0, and 6.0, and Policies 1.4, 2.7, 6.1, 6.8, and 6.11 of the Land Use Element; Goals 2.0 and, 4.0 and Policies 4.4 and, 4.5 of the Cultural Resources Element; Goals 1.0, 2.0, 3.0, 4.0, and 6.0, and Policies 1.1, 1.2, 2.3, 3.1, 3.2, 3.3, 4.2, 4.3, 6.4, and 6.5; and Policy 1.2 of the Economic Development Element.
Green Space Initiatives (Implementation Program I-25): In 2022, the City made continued efforts in the preparation of a Transfer of Development Rights Ordinance. Completion is anticipated in 2023.
This activity implements Goals 1.0, and 6.0, and Policies 1.7, 2.8, 6.3, and 6.4 of the Land Use Element; Goals 1.0, and 5.0 and Policies 1.2, 5.4 and 5.7 of the Natural Resources Element; and, Goals 1.0, 4.0, and 6.0 and Policies 1.1, 4.1. 4.3, 4.5, 6.2, and 6.3 of the Urban Design Element
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5 Fire Hazard Information and Suppression (Implementation Program I-27): In 2022 the Orange Fire Department took possession of the City’s new Fire Station 1/ Headquarters housing both Fire Administration and Suppression divisions. The completion of the expanded Apparatus Room remodel at Fire Station 2 allowed the department to strategicall y position equipment in the community. Significant equipment purchases included the addition of twenty-one mobile VHF radios, and one hundred and twenty BKR 5000 VHF handheld pack sets. The radio upgrades were needed to equip our personnel with the tools required to successfully support the city, county, and state missions. In 2022, the Fire Department took possession of one Type 1 fire engine along with two Chevrolet Tahoe command vehicles. In response to the increased demand for service the implementation of an Ambulance Operator Program allowed the City to hire 18 EMTS, 12 full-time and 6 part-time employees, to staff two BLS Ambulances, and resume 4.0 staffing on the two truck companies in the city. The addition of the new Ambulance Operator employees also allowed the department to reorganize the City’s entire service delivery system. The reorganization has provided the department the ability to have every Fire Engine and Fire Truck in the City of Orange to operate with ALS capabilities, three PAU Rescue Ambulances each staffed with one paramedic and one EMT, and two BLS Ambulances staffed with two EMTS.
This activity implements Goal 3.0 and Policies 3.4, 3.6, and 3.8, and Goal 8.0 and Policies 8.1 and 8.2 of the Public Safety Element, pertaining to fire protection, and emergency preparedness.
Hazardous Materials Monitoring (Implementation Program I-29): The Fire Department manages over 600 hazmat sites in the city. All sites are verified for hazmat activity each year.
This activity implements Goal 4.0 and Policies 4.1 - 4.4 of the Public Safety Element.
Noise Regulations (Implementation Program I-30): In 2022, City code enforcement staff responded to 43 noise complaints. Additionally, during the course of entitlement application review, planning staff provided applicants with comments regarding appropriate placement of walls , landscaping, outdoor open spaces, building orientation, and hours of operation to reduce the interface of projects with potential noise sources or to reduce potential noise sources introduced by the project from creating impacts to adjacent uses. Projects in initial stages of review are frequently amended to include staff-recommended design features to reduce potential noise issues. In 2022, several projects included noise conditions related to those situations identified during initial plan review to ensure design features are implemented or so that operating conditions are limited to reduce potential noise issues.
Orange Police Department conducted surveillance at late night establishments to limit noise intrusion into noise sensitive land uses and to aid city staff in identifying public nuisance crimes including combative/disruptive subjects, assault and battery, noise complaints, citizen assists, drunk in public and alarm response.
This activity implements Goal 6.0 and Policies 1.6, 3.4, 4.3, 6.2, and 6.10 of the Land Use Element; Goals 1.0, 2.0, 3.0, 5.0, 6.0, and 7.0 and, Policies 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 2.1, 2.2,
3.1, 5.1, 5.2, 5.3, 6.1, 7.2, 7.3, and 7.4.
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6 Library Programs (Implementation Program I-31):
In 2022, Library Services expanded services, in -person programs, and operating hours in response to the ebbing of the COVID-19 pandemic and the return of the public to its facilities in greater numbers. The Library improved customer service through the eli mination of extended use fees for overdue materials and the extension of loan periods. The three Library locations were refreshed with new paint, carpet, soundproofing, lighting, and meeting room furniture to provide more inviting spaces for the public.
The Library collaborated with OUSD to present the Lunch at the Library summer program at the El Modena Branch Library that served 947 meals to children. Library staff planned, coordinated, and presented the Orange Public Library Comic Convention program in partnership with other Library divisions and City departments, Library support groups, local organizations, and volunteers and celebrated local history at Heritage Days and OTPA Home Tour programs. Staff presented diverse programs, including Mandarin Lang uage Story Hours at Taft Branch Library. The Library also expanded Adult Literacy Program services through a new study room space for learners and volunteers at Taft Branch Library.
The Library expanded Pop Up Library outreach through new partnerships with The Outlets at Orange, Irvine Regional Park Farmers Market, and Santiago Canyon College and coordinated donation drives for local nonprofits and organizations, including the Orange Senior Center, The Hub OC, and American Red Cross, to help the residents of Orange and surrounding communities.
This activity implements Goals 1.0, 3.0, 4.0 and 5 .0, and Policies 1.1, 1.2, 3.1, 4.3, 4.6 and,
5.1 - 5.5, of the Cultural Resources and Historic Preservation Element.
Flood Control and Storm Drain Facilities (Implementation Program I-32): The City performed routine inspections of storm drains, removing debris from catch basins and maintaining storm drain facilities to minimize the potential for local floodin g. Additionally, the Community Services Department continued an on going creek maintenance pro gram to include removal of debris and clearing of vegetation in the Santiago Creek in order to improve visibility, eliminate concealment for encampments, and provide accessibilit y for security and maintenance purposes.
This activity implements Goal 2.0 of the Public Safety Element; and, Goal 1.0 and Policies 1.1 and 1.2 of the Infrastructure Element, pertaining to sufficient maintenance of infrastructure systems.
Solid Waste and Recycling Services (Implementation Programs I-33 and IV-5): In addition to routine collection of trash, recyclable materials, organics, and diversion of construction waste, in 2022, the City and CR&R continue with the current franchise agreement until June 30, 2023, with the possibility to extend. With AB 341, AB 1826, and SB 1383 in place, the City continues to educate and provide outreach to residential, commercial, and multifamily accounts while focusing on meeting AB 341, AB 1826, and SB 1383 mandates. CR&R continues to partner with Abound Food Care to facilitate edible food recovery for distribution to those in need. The City also received the SB 1383 Grant offered by CalRecycle. The City 359
7 has leveraged these funds to assist with increased outreach and education by holding multiple workshops, producing social media content, and rebranding outreach material in an effort to educate residential, commercial account holders.
This activity implements Goal 7.0 and Policy 7.4 of the Land Use Element; Goal 2.0 and Policy
2.5 of the Natural Resources Element; and, Goal 2.0 and Policies 2.1 – 2.4 of the Infrastructure Element.
Noise Standards and Acoustical Studies for Noise Reduction (Implementation Programs I-34 and III-18): In 2022, staff continued to review noise analyses and provide mitigation for entitlement projects identified as having the potential to cause construction noise, operational noise, and to mitigate existing noise environments for project occupants.
This activity implements Goal 6.0 and Policy 6.2 of the Land Use Element; and, Goals 1.0, 2.0,
3.0, 5.0, 6.0 and, 7.0 and Policies 1.1 – 1.6, 2.1 - 2.5, 3.1, 5.1- 5.3, 6.1, 6.2 and, 7.1- 7.4 of the Noise Element.
Vehicle Noise Reduction ( Implementation Program 1-37): In 2022, the Cit y continued to secure funding for the purchase and installation of Radar Feedback Sign Installation. These signs provide a visual reminder of vehicle speed and help reduce excessive speeding , thereby also reducing vehicular noise.
The City continues to utilize rubberized asphalt to overlay street improvement projects along arterials, which assists in reducing vehicle noise.
This activity implements Goal 1.0 and Policy 1.3 of the Circulation and Mobility Element; Goal 2.0 and Policies 2.2 and 2.5 of the Noise Element ; and Goal 9.0 and Policy 9.3 of the Public Safety Element
Capital Improvement Program Projects (Implementation Program Section II-1 and V-1):
A number of Capital Improvement Program projects were initiated or completed during 2022.
These projects include:
• All projects under Traffic Signals (Implementation Program I-10), and Intersection Improvements (Implementation Program I-11)
• Completed annual pavement maintenance
• Completed annual slurry seal
• Completed annual concrete replacement
• CDBG Beverly Neighborhood Street Rehabilitation
• Bus Stop Enhancement at Various Locations
• Completed CDBG ADA Wheelchair Access Ramps at Various Locations • Prospect & Spring Right Turn Lane Modification Project • Public Works and Community Development Front Counter Remodel • Fire Station No. 1 and Headquarters
• Tustin Street, Katella Avenue, & La Veta Avenue Water Quality Storm Drain Improvement Project
• Initiated improvements of Cannon Street at Serrano Avenue Intersection Reconfiguration 360
8 • Completed Glassell Street at Meats Avenue Left Turn Phase Signalization • Completed Glassell Street at Collins Avenue Left Turn Phase Signalization • Completed Chapman Avenue at Flower Street Left Turn Phase Signalization • Completed Chapman Avenue at Feldner Street Left Turn Phase Signalization • Completed Spring Street at Prospect Street Intersection Modification • Replaced 6,189 L.F. of existing 6” vitrified clay pipe with 8” vitrified clay pipe and 1,187 L.F. of existing 15” vitrified clay pipe with 18” vitrified clay pipe • Completed Fire Station 5 Bathroom Remodel
• Completed Fire Station 2 Remodel
• Completed El Modena Bathroom Remodel
• Completed Orange Library Interior Rehabilitation
• Completed over 400 pothole repairs and reconstructed over 3,500 square feet of roadway
• Completed over 2,900 preventative vehicle maintenance services and over 1,500 repairs to the City’s fleet including Fire and Police vehicles
• Completed the cleaning of over 700,000 linear feet of sewer line • Completed over 10,000 square feet of asphalt repairs and patching • Reconstructed 28,000 square feet of sidewalk
• Reconstructed 4,100 linear feet of curb and gutter
• Reconstructed 100 ADA ramps
• Reconstructed 5,000 linear feet of sewer main
• Maintained and trimmed over 6,000 city street trees
• Utilized a Mobile Data Computer Replacement Program
• Implemented the Police Enterprise System (Axon) Program
These activities implement Goals 1.0 and 5.0, and Policies 1.1, 1.7, 2.4, 3.3, 5.3, 5.6, 5.7, 5.9,
6.3 and 6.4 of the Land Use Element; Goals 1.0, 2.0, and 4.0 and Policies 1.1, 1.2, 1.6, 2.3,
4.7 and, 5.2 of the Circulation and Mobility Element; Goals 1.0 and 2.0 and Policy 2.1 of the Growth Management Element; Goals 2.0, 5.0, and 6.0 and Policies 2.3, 2.9, 5.1, 5.2, 5.5,
6.2, and 6.5 of the Natural Resources Element; Goals 2.0, 3.0, 6.0, 7.0, and 9.0 and Policies
2.4, 3.4, 3.5, 3.8, 6.3, 7.2, 7.6, and 9.1 of the Public Safety Element; Goal 5.0 and Policies 5.1,
5.2, and 5.5 of th e Cultural Resources Element; Goals 1.0 and 3.0 and Policies 1.3, 3.1, and
3.3 of the Infrastructure Element; Goal 6.0 and Policies 2.3, 2.5, and 6.3 of the Urban Design Element; and Goals 2.0, 4.0, and 6.0 and Policies 2.4, 4.2, and 6.1 of the Economic Development Element.
Sewer Line Replacement (Implementation Programs II -1 and II-6): Sewer line replacements were completed in 2022 throughout the City to address infrastructure condition and capacity issues. The City replaced 5,000 linear feet of Sewer Main and completed the cleaning of over 700,000 linear feet of sewer line. Additionally, the City replaced 6,189 Linear Feet (L.F.) of existing 6” vitrified clay pipe with 8” vitrified clay pipe and 1,187 L.F. of existing 15” vitrified clay pipe with 18” vitrified clay pipe.
This activity implements Goal 1.0 and Policies 1.1 and 1.2 of the Infrastructure Element.
Santiago Creek Bike Trail ( Implementation Program II-3): In 2022, the City continued to pursue working on the design for the engineering and environmental study phase of the 361
9 extension of the Santiago Creek Bike Trail. The proposed project will connect the existing bike trail west of Cannon Street and parallel the existing equestrian trail on the northern bank and terminate at the Santiago Oaks Regional Park.
This activity implements Goals 1.0 and 4.0 and Policies 1.1, 4.1 and, 4.8 of the Circulation and Mobility Element; Goal 2.0 and Policy 2.2 of th e Growth Management Element; Goals
2.0, 5.0 and, 6.0 and Policies 2.2, 5.2, 6.1, 6.4 of the Natural Resources Element; and, Goal
9.0 of the Public Safety Element.
Pedestrian and Bicycle Amenities ( Implementation Program II -4): During 2022, the City performed sidewalk repair and rehabilitation, and accessibility improvements throughout the community. The City continued to require the installation of bike racks for new development projects in 2022.
This activity implements Goals 1.0, 4.0 and 6.0, and Policies 1.1, 1.6, 4.2 and Policy 6.2 of the Circulation & Mobility Element; and, Goal 9.0, Policies 9.1 and 9.3 of the Public Safety Element.
Correct Sewer System Deficiencies ( Implementation Progr am II -6): Sewer line replacements were completed in 2022 throughout the City to address infrastructure condition and capacity issues. The City replaced 5,000 linear feet of Sewer Main and completed the cleaning of over 700,000 linear feet of sewer line . Additionally, the City replaced 6,189 Linear Feet (L.F.) of existing 6” vitrified clay pipe with 8” vitrified clay pipe and 1,187 L.F. of existing 15” vitrified clay pipe with 18” vitrified clay pipe.
This activity implements Goal 1.0 and Policies 1.1, 1.2 of the Infrastructure Element.
California Environmental Quality Act (Implementation Program III-1): In 2022, the City continued to review entitlements for private development and capital improvement projects in accordance with the California Environmental Qualit y Act (CEQA) pursuant to Section III-1 of the Implementation Plan where specific pro grams are applicable. Mitigation and/or conditioning were recommended and implemented for all entitled projects respective to each applicable Section III program.
This activity implements Goals 1.0 – 8.0 of the Land Use Element and multiple policies therein, Goals 1.0, 2.0, and 3.0 of the Circulation and Mobility Element; Goals 1.0 and 2.0 of the Growth Management Element; Goals 1.0, 2.0, 3.0, 4.0, 5.0, and 7.0 and multiple policies therein to the Natural Resources Element, Goals 1.0, 2.0, 3.0, 4.0, 6.0, 7.0, and 9.0 of the Public Safety Element; Goals 1.0, 2.0, 5.0, 6.0, and 7.0 of the Noise Element; Goals 1.0, 2.0, and
4.0 of the Cultural Resources Element; Goals 1.0, 3.0, 4.0, and 5.0 of the Infrastructure Element; Goals 2.0, 3.0, 4.0, 5.0, and 6.0; Goals 4.0 and 6.0 of the Economic Development Element, and Goal 3.0 of the Housing Element.
Site Development Review (Implementation Program III-2): In 2022, the City continued to review development projects, and use the site plan review process via the City’s inter- departmental Staff Review Committee (SRC) to ensure that applicable General Plan policies and City standards and regulations are applied to proposals for specific development projects. 362
10 This activity implements Goals 1.0, 2.0, 3.0, 4.0, and 6.0, and Policies 1.6, 1.7, 2.5, 2.7, 2.8,
3.1, 3.4, 4.3, 4.5, 6.1, 6.2, 6.9, 6.10, 6.12 of the Land Use Element; Goals 1.0 and 5.0, and Policies 1.1, 1.7, 5.1 and, 5.2 of the Circulation and Mobility Element; Goals 1.0, 2.0, 4.0, and
5.0, and Policies 1.3, 2.3, 2.6, 2.13, 2.14, 2.15, 2.16, 4.3, 4.4, 4.5, 5.4, 5.6, 5.7, 6.6 and, 7.5 of the Natural Resources Element; Goals 1.0 and 4.0, and Policies 1.3, 1.4, 1.5, 1.6, 4.1, 4.2, 4.3,
4.4, and 4.5 of the Cultural Resources & Historic Preservation Element; Goals 1.0, 2.0, 3.0, 4.0,
6.0, 7.0, and 9.0, and Policies 1.1, 2.5, 3.3, 3.5, 4.2, 4.3, 6.2, 7.2, 7.3, 7.4 and, 9.1 of the Public Safety Element; Goals 1.0, 2.0, 5.0, and 6.0, and Policies 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 2.1, 2.2,
5.1, 5.2, 5.3, 6.1 and, 6.2 of the Noise Element; Goals 2.0, 3.0, and 6.0, and Policies 2.4, 2.5,
2.6, 3.4, 3.5 and, 6.1 of the Urban Design Element; and, Goal 1.0 and Policies 1.4 and 1.5 of the Infrastructure Element.
Commission/Committee Review (Implementation Program III-3): In 2022 the Design Review Committee (DRC) continued to evaluate development proposals and provide conditions or recommendations for project improvements.
This activity implements Goals 2.0, 5.0, 6.0, and 8.0 and Policies 2.7, 2.8, 5.5, 6.1, and 8.3 of the Land Use Element; Policies 7.2 and 7.3 of the Public Safety Element; Policies 1.3, 3.1, and
5.2 of the Noise Element; Goal 1.0 and Policies 1.3 and 1.4 of the Cultural Resources Element; Goals 1.0, 2.0, 3.0, 5.0 and, 6.0 and Policies 1.5, 2.4, 3.2, 3.3, 5.3, 5.4, 6.1, 6.2, 6.4, and 6.5 of the Urban Design Element.
Traffic Impact Analysis ( Implementation Program III -4): The City continues to evaluate both Level of Service (LOS) and Vehicle Miles Traveled (VMT) to determine traffic impacts from proposed projects. In 2022, the City reviewed 32 proposed projects that conducted Traffic Impact Analysis reports.
This activity implements Goals 2.0, 3.0, 5.0 and, 6.0 and Policies 2.4, 2.5, 2.6, 2.9, 3.3, 5.1,
5.7, and 5.9 of the Land Use Element; Goals 1.0, 2.0, 3.0, and 4.0 and Policies 1.2, 2.4, 2.6,
3.3, and 4.1 of the Circulation and Mobility Element; Goals 1.0 and 2.0 and Policies 1.2, 1.6,
1.7, 1.8, 1.9, 1.12, 2.1, and 2.3 of the Growth Management Element; Goals 2.0 and 3.0 and Policies 2.1, 2.2, 3.1, and 3.2 of the Natural Resource Element; Goal 2.0 and Policy 2.2 of the Noise Element, Goals 1.0 and 2.0 and Policies 1.1, 2.1, 2.2, and 5.1; Economic Development Element Policies 3.4 and 5.3; and Goal 3.0 of the Housing Element.
National Pollutant Discharge Elimination System Compliance (Implementation Program III- 6): In 2022, the City continued to require, review, and implement the use of Low Impact Development design features within the City through the use of Water Quality Management Plans for all applicable entitlement projects.
This activity implements Goal 6.0 and Policies 4.3 and 6.5 of the Land Use Element, Goal 2.0 and Policies 2.12, 2.13, 2.14 , 2.15, 2.16 and, 2.1 7 of the Natural Resources E lement; and, Policy 2.3 of the Public Safety Element.
Adequate Public Safety and E mergency Response ( Implementation P rogram III -8): In 2022, the City continued to fund, staff, and maintain equipment and facilities at a level 363
11 adequate to provide police and fire response and services to the Cit y. This included funding for additional police department staffing to address community needs and expectations, changes in population, intensity of the workload, and long -term growth . The Homeless Outreach Program, Homeless Engagement, Assistance & Resource Team (HEART) and Bike Team, deployed outreach services and community engagement to the homeless population in Orange and successfully provided resources to over 400 individuals. The Fire Department in response to the increased demand for service implementation of an Ambulance Operator Program to hire 18 E mergency Medical Technicians (EMTS), 12 full -time and 6 part -time employees, to staff two Basic Life Support (BLS) Ambulances, and resume 4.0 staffing on the two truck companies in the city. The addition of the new Ambulance Operator employees also allowed the department to reorganize the City’s entire service delivery system. The reorganization has provided the department the ability to have every Fire Engine and Fire Truck in the City of Orange to operate with Advanced Life Support (ALS) capabilities, three Paramedic Assessment Unit (PAU) Rescue Ambulances each staffed with one paramedic and one EMT, and two BLS Ambulances staffed with two EMTS.
This activity directly or indirectly implements all Goals and Policies of the Public Safety Element.
Cultural Resources Inventories (Implementation Program III-10): In 2022, the City continued to include mitigation measures in mitigation monitoring programs for capital projects such as the new Fire Department headquarters projects and private development projects such as the St. Joseph medical office building and Katella Terrace to require tribal and archaeological monitoring during the ground disturbing phases of the projects.
This activity implements Goal 6.0 and Policy 6.11 of the Land Use Element, and Goal 4.0 and Policies 4.1 and 4.5 of the Cultural Resources & Historic Preservation Element.
Green Buildings and Energy Conservation (Implementation Program III-11): Orange is a participating city in the North Oran ge Count y Cities Energ y Efficiency Partnership (NOCCEEP) with Southern California Edison (SCE) and the So Cal Gas Company. Through this effort, the City receives financial incentives to implement energy efficiency projects. In 2022, the NOCCEEP assisted the City by performing energy audits at various facilities which can be used to identify improvements in future years.
This activity implements Goal 2.0 and Policies 2.7, 2.9 and 2.10 of the Natural Resources Element.
Mixed-Use Noise Property Notification ( Implementation Progr am III -12): In 202 2, construction began for the Corp Yard Housing Project, which is an affordable residential project proposed in an area surrounded by industrial uses and adjacent to a railroad. A condition requiring lease notification of potential surrounding noise to all potential residences was included in the Planning Commission resolution for the project. The City Council subsequently approved the Commission’s resolution in 2021 with the condition.
This activity implements Goal 5.0 and Policies 5.1 and 5.3 of the Noise Element and Goal 2.0 and Policy 2.5 of the Urban Design Element.
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12 Annual Review of General Plan and Land Use Policy Map (Implementation Program IV- 1): In 202 2, the Cit y continued work on an amendment to the General Plan Public Safet y Element in coordination with the California Department of Forestry and Fire Protection to comply with State law. A comprehensive review of the General Plan was also undertaken to confirm accuracy of content and develop an awareness of content that may warrant focused consideration in future General Plan Update efforts. This accuracy update will be adopted in 2024.
This activity implements all General Plan Element Goals and Policies, with specific emphasis to the Safety Element for 2020 efforts.
Park Acquisition, Construction and Maintenance Report (Implementation Program IV-2):
In 2022, the City began the design of the Hart Park Pickleball and Fitness Circuit Project. The City was the recipient of federal earmark funding due to Congressman Lou Correa’s advocacy in the amount of $2 million to complete this highly anticipated proje ct. This project will construct a 10-court pickleball facility adjacent to the historic Orange Grove at Hart Park. The facility will have amenities including drinking fountains, shade structure, and seating. The project also includes the installation of ex ercise equipment. Staff anticipates that the project will be complete by June 2025. In 2022, the City also advanced the shade sail installation project a the playgrounds at Fred Barrera, El Modena, and Serrano Parks. Additionally, work to install new monum ent signs at Hart, Eisenhower, El Modena, El Modena Basin, Killefer, and La Veta Parks also began with the demolition of old monument signage.
This activity implements Goal 1.0 and 6.0 and Policies 1.7 and 6.4 of the Land Use Element; Goals 1.0, 2.0, 5.0, 6.0 and Policies 1.2, 2.3, 5.1, 5.2, 5.5, 5.6, 6.1, 6.4, and 6.6 of the Natural Resources Element; and, Goal 4.0 and Policy 4.4 of the Cultural Resources Element; Goal 6.0 and Policies 6.2 and 6.3; and, Goal 6.0 and Policy 6.2 of the Economic Development Element.
Public Education (Implementation Program IV-3): The Police Department continued to support local Neighborhood Watch Programs and held fourteen meetings. The Police Department participated in the 2022 National Night Out program and participated in community engagement programs such as Coffee with a COP and Treats in the Streets. In 2022, the Citizens’ Police Academy had two classes which allowed approximately 60 participants, through weekly sessions, to attended interactive courses to learn about the specific aspects of the Police Department. The Police Depar tment and Fire Department also offered Community Emergency Response Team (CERT) training 38 participants in a 20 hour long course. The Police Department conducted Active Shooter training at Chapman University. The Police Department also continued to promote the application of Crime Prevention through Environmental Design (CPTED) standards through the review of applicable development projects.
In 2022, the Fire Department participated in over forty -two special events and is continually expanding its Public Education programs. Public Education efforts include fire safety programs in the local schools and community, Ready Set GO program, and Fire Wise. All public education programs are available in both English and Spanish currently.
365
13 The Library celebrated local history through the presentation of History Center tours to local students, renovated History Walk pedestals at the Orange Public Library & History Center and collaborated with other City departments and local historical groups on exhibits, programs, and preservation. The Library celebrated Orange’s diversity and rich history with its "Labor as an Instrument" exhibit at El Modena Branch Library, chronicling the effects of Southern California's Citrus Industry on its Latin American workforce.
The Library provided the public with new opportunities for learning and self-development with its expansion of technology, collections, and new programs. The Library's technology and STEAM programming expanded through the introduction of the Teen Innovatio n Lab, featuring computers, software, and technology used for audio production, movies, and photo editing for school projects or personal use. The Library offered new Special Collections, such as State Park Passes, Explorer Kits, and Discovery Kits featuri ng GoPros and telescopes, via funding received from California State Library grants.
The Building & Safety Division informational handouts for homeowners and provided activity books for kids at various city events.
This activity implements Goal 8.0 and Policies 8.1 and 8.3 of the Land Use Element; Goal 2.0 and Policy 2.17 with regard to the Natural Resources Element; Goals 3.0, 6.0, 7.0 and, 8.0 and Policies 3.6, 6.5, 7.1 and, 8.1 with regard to the Public Safety Element; Goals 1.0 and 3.0 and Policies 1.2 and 3.1 with regard to the Cultural Resources Element; and, Goals 1.0 a nd 2.0 and Policies 1.3 2.2, and 2.4 with regard to the Infrastructure Element.
Transportation Demand and System Management (Implementation Program IV-6): To address current CEQA requirements for project related traffic impacts, the City has an adopted methodology for evaluating the Vehicle Miles Traveled (VMT). For each proposed project, the City conducts a “Screening Analysis” of the project VMT. This Screeni ng will determine if there is any additional analysis and proposed mitigation required of the project. In 202 2, the City conducted Screening Analyses for 8 proposed projects, all of which screened out.
This activity implements Goals 1.0 and 2.0 and Policies 1.2, 1.3, and 2.4 with regard to the Circulation and Mobility Element, Goals 1.0 and 7.0 and Policies 1.2, 7.1, 7.2, 7.5. 7.6 With regard to the Public Safety Element ; and, Goal 3.0 and Policy 3.3 with regard to the Infrastructure Element.
Growth Management/Traffic Mitigation Measures (Implementation Program IV-7): For 2022, the City continued to collect fair-share cost recovery, via mitigation, to offset traffic impacts created by development projects.
This activity implements Goal 1.0 and Policies 1.2 - 1.5 with regard to the Growth Management Element.
Coordination with Other Agencies and Organizations ( Implementation Program Section V): The City participated in inter-agency coordination during 2022. Outside agency coordination included:
366
14 • Utility companies such as Southern California Edison for coordination of capital improvement plans on projects such as Fire Station No. 1 and Headquarters Building.
• Adjacent jurisdictions for noticing of development proposals in the City.
• California Department of Transportation (CalTrans) for federally funded City transportation projects , includin g Glassell Street at Palmyra Avenue signal design and environmental, and Chapman Avenue at Batavia Street left turn phase signalization.
• CalTrans for review of environmental documents pertaining to projects within the City.
• CalTrans for participation in the review of the Initial Study and Environmental Assessment for the SR55 and SR91 Safet y Improvement Capacit y Enhancement at Intersections Project, SR 55 Corridor Study for Alternative Transportation, and the Park and Ride lots at Lincoln Avenue and the SR 55 Freeway. Caltrans and Toll Roads for 241.91 Interchange.
• Orange County Transportation Authority (OCTA) for bus detours.
• CalFire and the Board of Forestry for preliminary review of the City’s planned Safety Element Update.
• Secretary of the Interior (SO I) for continued insurance that the National Re gister of Historic Places-designated Plaza and Old Towne Orange historic districts maintain eligibility for the National Register through review of development projects for conformance with SOI standards for the Treatment of Historic Properties. Finally, the City approved 36 new Mills Act Contracts for qualified historic properties in 2022.
This activity implements Goal 7.0 of the Land Use Element and Policy 7.3; Goals 2.0, 3.0 and, 4.0 and Policies 2.1 -2.4, 3.1 and, 4.1 of the Circulation and Mobility Element; Goal
2.0 and Policies 2.1 and 2.5 of the Growth Management Element; Goals 2.0 and 7.0 and Policies 2.1 and 7.4 of the Natural Resources Element; Goals 1.0, 2.0, 3.0 and, 8.0 and Policies 1.3, 2.1, 3.7, 8.2 and, 8.3 of the Public Safety Element, Goal 2.0 and Policy 2.4 of the Noise Element; Goals 1.0 and 5.0 and Policies 1.3, 1.6 and, 5.4 of the Cultural Resources Element; and, Goal 5.0 and Policies 5.1 and 5.2 of the Infrastructure Element; Goal 1.0 and Policy 1.4 of the Urban Design Element.
5. Housing Element Reporting
The Housing Element Report prepared in accordance with HCD requirements is provided as Attachment 1 to this report.
6. General Plan Compliance with OPR Guidelines
The 2010 General Plan (Rev. 2015) includes all of the state required elements as well as additional optional elements. Environmental Justice is interspersed throughout all elements.
The document was prepared in accordance with OPR Guidelines and is on file with OPR. 367
15 Date of Last General Plan Update
As indicated in Item 3 above, the comprehensive update to the Cit y of Orange General Plan was adopted on March 9, 2010. General Plan Amendment No. 2014-0001 was adopted by the Orange City Council on December 8, 2015.
The Cit y adopted its Housing Element Update in accordance with state requirements on October 30, 2023 . No changes were made to goals, policies, objectives, standards, or General Plan proposals involving other General Plan Elements.
Attachments:
1. Housing Element Annual Reporting Forms
368
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 0 3 0 0 0 93 3 99 81 2 4114101 4114101 638 W CULVER AVECreate 429 SF JADU from existing living area of main
house
ADU-0132 ADU R 5/5/2022 1 1 0 No No No Pending Kelly Ribuffo - Create 429 SF JADU from existing living area of main
house
37940117 37940117 710 N Murrietta PlSFD ADR-0085
2112-262
SFD O 12/23/2021 1 1 1 0 No No No Pending 3,136 SF NEW SINGLE FAMILY RESIDENCE WITH 778 SF
ATTACHED GARAGE, 117 SF
FRONT PORCH, (2) ATTACHED
PATIOS 273 SF & 202 (4
BEDROOMS)36164214 36164214 3126 E. BRADBERY CTMasroor Sheikh SFD ADR-0193 SFD O 5/23/2022 1 1 0 No No No Pending TIFFANY CHHAN Proposal to construct a new 136,819 square
foot single-family residence on a
vacant lot39218409 39218409 211 S EARLHAM STReconstruct existing fire damaged single-family
residence.
ADR-0208 SFD O 10/13/2022 1 1 1 0 No No No Approved VIDAL MARQUEZ reconstruct an existing 1,115 SF single-story,
single-family residence
3924308 3924308 231 N. Grand Street800 SF ADU ADU 0138-23 2208-159
ADU R 6/3/2022 1 1 1 0 No No No Approved Alvin Nuval
39040303 39040303 337 S GRAND ST Get existing structure permitted as an ADU
ADR 0145-22 ADU R 6/20/2022 1 1 0 1 No No No Disapproved Alvin Nuval - Denied because an ADU already exists on the
property.
39028303 39028303 423 S CREST RD Mahar ADU ADU-0013
(Permit # 2205-040)
ADU R 5/4/2022 1 1 0 No No No Pending TIFFANY CHHAN New ADU converted from existing area with
a 145 SF addition. 518 SF Studio
unit.37413114 37413114 813 E CUMBERLAND
RD
Garcia ADU ADU-0018
(Permit # 2203-346)
ADU R 3/31/2022 1 1 1 0 No No No Approved TIFFANY CHHAN New 750 SF New Detached Accessory Dwelling Unit
with 2 Bedrooms
39041413 39041413 433 E LA VETA AVEMagcale Residence ADUADU-0050 2201-293
ADU R 11/14/2022 1 1 1 0 No No No Approved KELLY RIBUFFO 37451103 37451103 615 E HEIM AVE Parker JADU ADU-0062
(Permit #2207-035)
ADU R 9/15/2022 1 1 1 0 No No No Approved TIFFANY CHHAN CREATE 407 SF
JUNIOR ACCESSORY DWELLING
UNIT WITHIN EXISTING FLOOR
SPACE36156404 36156404 2690 N VISTA BLUFF
RD
Bharadwaj Residnece ADUADU-0067 ADU R 10/27/2021 1 1 1 0 No No No Approved TIFFANY CHHAN New attached ADU
03934429 3934429 1708 W WILLOW AVELarra ADU ADU-0068
(Permit #2201-194)
ADU R 11/14/2022 1 1 1 0 No No No Approved TIFFANY CHHAN 585 SF NEW
ATTACHED ACCESSORY
DWELLING UNIT WITH ONE
BEDROOM03935209 3935209 2234 W SYCAMORE
AVE
Itriburu/Flores ResidenceADU-0070
(Permit #2208-226)
ADU R 8/22/2022 1 1 1 0 No No No Approved TIFFANY CHHAN 354 SF
ATTACHED ACCESSORY
DWELLING UNIT (USING EXISTING
CONDITIONED FLOOR
SPACE/FAMILY ROOM). 221 SF
ADDITION TO ATTACH HOME TO
DETACHED GARAGE BY ADDING
FOYER AND LAUNDRY ROOM
39205216 39205216450 S JENNIFER LNGarage Conversion ADUADU-0072 (Permit #2204-046)
ADU R 4/6/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert existing garage to ADU with 1 bedroom
39060220 39060220421 S OLIVE ST Olive Studio Unit ADU-0074 (Permit #2205-236)
ADU R 10/12/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Convert maintence room to studio unit ADU. 37550231 375502311238 E LOCUST AVEMeyer ADU ADU-0075
(Permit #2207-098)
ADU R 7/11/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN 748 SF NEW
DETACHED ACCESSORY
DWELLING UNIT & 81 SF PATIO
39219114 39219114 4116 E CENTURY DRValladares ADU ADU-0076 (Permit #2208-208)
ADU R 8/18/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN NEW 748 SF ACCESSORY DWELLING UNIT (2 BED, 2 BATH) 37418229 37418229 1127 E DEL MAR AVEAceves ADU ADU-0077 (Permit #2202-114)
ADU R 2/10/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Add new attached ADU 745 SF with 378 SF
attic storage (non-habitable) to
main home. new residence
39022131 39022131 302 S POINSETTIA DRChuong ADU ADU-0078 (Permit #2202-131)
ADU R 4/27/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Attached 496 SF ADU to existing single-family
residence. New residence ADU
Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
369
38624121 38624121 620 N CAMBRIDGE ST620 N Cambridge
Residence ADU
ADU-0079
(Permit #2203-303)
ADU R 8/4/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Proposal to construct a new 1,000 SF
attached ADU
38623222 38623222 590 N CAMBRIDGE STProposed detached ADU on SFR
ADU-0080
(Permit #2207-007)
ADU R 10/18/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Proposed 999 SF detached ADU on single-family
residence
37473101 37473101 2760 N RIVER TRAIL
RD
Dababneh ADU ADU-0081
(Permit #2210-154)
ADU R 10/13/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN New 800 SF detached ADU
36163301 36163301 3333 E WOODBINE
RD
Castro ADU ADU-0082
(Permit #2203-057)
ADU R 3/7/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN NEW 450 SF DET.
ACCESSORY DWELLING UNIT
38306114 38306114 394 N RANCHO
SANTIAGO BLVD
Hodge ADU ADU-0085
(Permit #2207-344)
ADU R 7/29/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert existing detached garage/workshop to
ADU (876 SF)
38306114 38306114 394 N RANCHO
SANTIAGO BLVD
Hodge JADU ADU-0086
(Permit #2207-345)
ADU R 7/29/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN REMODEL (E) AREA FOR 390 SF JUNIOR
ACCESSORY DWELLING UNIT.
39046118 39046118 229 S CAMBRIDGE STCleland ADU ADU-0087 ADU R 1/5/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO 38619128 38619128 1511 E ORANGE
GROVE AVE
Proposed ADU to existing
SFR property
ADU-0089
(Permit #2203-148)
ADU R 1/6/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN NEW 551 SF
DETACHED ACCESSORY
DWELLING UNIT.
37425217 37425217748 W Crystal View
Ave
McDonald ADU ADU-0088 ADU R 1/6/2022 1 1 0 0 No No No WithdrawnVidal Marquez - 266 SF garage conversion within 3-car garage
03933219 03933219 205 N ECKHOFF STHuynh ADU ADU-0090
(Permit #2203-028)
ADU R 1/12/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert existing 441 SF detached garage into an
ADU and add 240 SF to the
structure for a total of 681 SF. 2
bedroom 2 bathroom, detached.
37409150 37409150 532 E HEIM AVE Vasquez ADU ADU-0091
(Permit #2204-086)
ADU R 1/13/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN New 797.5 SF detached ADU, 2 bedroom and 1
bathroom.
39043118 39043118 539 E WASHINGTON
AVE
McGuire-Moreno ADUADU-0092
2206-126
ADU R 1/14/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO
09337133 09337133 3704 E BOND AVECompton ADU ADU-0093
(Permit #2205-049)
ADU R 1/14/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN 800 SF Detached 1 Story ADU New residence 2
bedrooms and 2 bathrooms.
37510219 37510219 1458 N CENTER STThao ADU ADU-0094
(Permit #2206-164)
ADU R 1/26/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN 451.5 SF garage converted to ADU. ADU will have
1 bedroom, bathroom, and
kitchen. (N) tankless W/H, (N)
200A sub-panel & (N) split system
w/ 2 blowers.
38659221 38659221 866 N GRAND ST Mortis ADU ADU-0095
(Permit #2204-017)
ADU R 1/27/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert existing detached 768 SF garage to
detached ADU. 2 bedrooms,
shingle roof will be installed and
all exterior walls will receive new
stucco exterior finshes. New
detached ADU residence.
39025116 39025116 1453 W ALMOND AVEWest Almond Ave ADUsADU-0096 (Permit #2207-049)
(Permit #2207-050)
(Permit #2207-051)
(Permit #2207-052)
ADU R 1/27/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert existing garages into two studio unit
ADU's and construct three new
detached ADU's on a multifamily
residential property (R-3). One
detached unit 300 SF studio unit.
Two 700 SF 2 bedroom units.
(Note - 300 SF unit likely to be
withdrawn from review)
38606209 38606209 121 N WAVERLY STMcGovney ADU ADU-0097 2205-196
ADU R 2/8/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Convert existing 648 SF den and 45 SF of a garage
to an JADU, contributing
Structure to the Old Towne
Distrtict39039506 39039506 292 S ORANGE STSiler ADU ADU-0098 2209-072
ADU R 2/11/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO 725 SF detached ADU facing East Palmyra at rear
of 292 S. Orange
03919401 03919401 302 E MAYFAIR AVEBain Mayfair ADU ADU-0099 (Permit #2208-233)
ADU R 2/15/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert existing detached 2-car garage into ADU
ADU will have 2 bedrooms and 2
bathrooms. ADU will be 918 SF.
New residence ADU.
03901314 03901314 392 N CITRUS ST SYCAMORE ADU ADU-0100 (Permit #2208-232)
ADU R 2/15/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN 928 SF DETACHED ADU (CONVERT 360 SF
& ADD 568 SF)
37516402 37516402 634 E ADAMS AVEIngram ADU ADU-0101
(Permit #2205-062)
ADU R 2/28/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Construct 683 SF ADU from 2 car garage & living
space. ADU will consist of 1
bedroom, 2 bathrroms and a
kitchen37428502 37428502 201 E DUNTON AVEShaikh ADU ADU-0102 (Permit #2206-312)
ADU R 3/1/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Conversion of 408 SF garage to ADU
38619145 38619145 1524 E EVERETT PLAdam ADU ADU-0103
(Permit #2208-224)
ADU R 3/1/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN 562 SF
ATTACHED ACCESSORY
DWELLING + 405 SF ADDITION TO
HOME
370
36131215 36131215 2443 E ORANGEVIEW
LN
Gamble ADU ADU-0104
(Permit #2206-238)
ADU R 3/2/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Construct new 630 SF ADU at rear of property.
ADU will have bedroom,
bathroom, kitchen and living area
38608407 38608407 237 N PINE ST Frisby Residence ADUADU-0105 2301-045
ADU R 3/7/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Convert an exisitng second story bonus room
above a garage into studio ADU,
new residnece.38623215 38623215 510 N CAMBRIDGE STOllendorff ADU ADU-0106 2204-206
ADU R 3/8/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Repurpose existing detached accessory space
attached to garage. Convert
existing bonus room attached to
garage for new ADU. Non-
Contributing building in the
Historic District. Existing duplex in
R-1-6 zone.
03901223 03901223 461 N CITRUS ST Murphy ADU ADU-0107
2206-124
ADU R 3/10/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Adding new one story 865 SF ADU at rear yard.
Tenant improvement for existing
single family dwelling.
39067215 39067215 168 S PARKER ST Siddons ADU ADU-0108
2206-233
ADU R 3/16/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Convert and expand and existing detached
garage into an ADU
09445112 09445112 663 S WOODLAND STMerritt ADU ADU-0109 2205-131
ADU R 3/17/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Proposed project consists of a 800 SF detached
ADU. ADU will have 2 bedrooms
and 2 bathrooms03936215 03936215 246 N STEVENS STGutierrez ADU ADU-0110 ADU R 3/21/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Construct 409 SF ADU at rear of existing property.
ADU will have 1 bedroom, 1
bathroom, a kitchenette and a
living area.23311102 23311102 4628 W SIMMONS
AVE
Ruiz ADU ADU-0111
(Permit #2208-371)
ADU R 3/22/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert existing 400 SF garage into JADU
37263301 37263301 2310 E ALTURA AVEChou ADU ADU-0112
(Permit #2207-216)
ADU R 3/23/2022 1 1 1 0 No No No ApprovedRYAN AGBAYANI convert portion of existing dwelling to ADU.
Portion of the living room,
bedrooms 5 &6 and bathroom to
be converted to ADU.
37234109 37234109 2028 N SACRAMENTO
ST
Lan ADU ADU-0113
(Permit #2206-345)
ADU R 3/28/2022 1 1 1 0 No No No ApprovedTiffany Chhan Convert existing 2 car garage to 480 SF ADU
09458214 09458214 3119 E ALMOND AVERosenberg ADU ADU-0114 (Permit #2206-012)
ADU R 4/8/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert existing garage to a 400 SF ADU
38613109 38613109 325 N SHAFFER STMcCullough ADU ADU-0115 2212-248
ADU R 4/12/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Rehabilitation of (E) 220 SF accessory structure and
conversion to an ADU along with
an addition of 333 SF for a 553 SF
ADU
39048118 39048118 1415 E CENTURY DRLegalize Detached ADUADU-0116 (Permit #2206-158)
ADU R 4/13/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN CONVERT 709 SF
DETACHED GARAGE TO AN
ACCESSORY DWELLING UNIT
WITH 1 BEDROOM. INCLUDES
MAIN PANEL (LEGALIZE
CONVERSION)03902117 03902117 373 N FAIRMONT STSwift ADU ADU-0117 (Permit #2205-247)
ADU R 4/14/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN CONVERT GARAGE INTO 412 SF ACCESSORY
DWELLING UNIT
03903130 03903130 231 N MAIN ST Aldrich ADU ADU-0118
(Permit #2209-264)
ADU R 4/14/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN CONVERT PORTION OF 2 CAR GARAGE (106
SF) DETACHED GARAGE & ADD
414 SF FOR 520 SF DETACHED
ACCESSORY DWELLING UNIT
36145108 36145108 2641 E DENISE AVECohen ADU ADU-0119
(Permit #2206-316)
ADU R 4/18/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN CONVERT 327 SF
DETACHED RECREATION ROOM
TO 2-BEDROOM ACCESSORY
DWELLING UNIT37917302 37917302 938 N RIDGELINE RDDiaz ADU ADU-0120 (Permit #2209-065)
ADU R 4/18/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Construct a new 800 SF ADU attached to existing
garage
38627520 38627520 1103 E MAYFAIR AVERodriquez ADU ADU-0121 (Permit #2206-070)
ADU R 4/19/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Construct new 743 SF ADU. ADU will have 2
bedrooms, one bathroom, a living
space area and a kitchen. ADU to
have 117 SF covered porch entry
facing Maplewood Avenue with 2
ft high retaining walls at the
property side yard. Steps leading
to ADU entry to bring to grade
level with the existing one-story
residence.
39024124 39024124 1746 W ROBIN RDByfield ADU ADU-0122
(Permit #2208-150)
ADU R 4/19/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN ADU conversion of detached garage 417 SF, 1
bedroom, 1 bathroom, and
kitchen38623210 38623210 523 N PINE ST Legalize existing studio unit attached to existing garage
as an ADU. Unit is 350 SF.
ADU-0123 ADU R 4/21/2022 1 1 0 No No No PendingVIDAL MARQUEZ Legalize existing studio unit attached to existing
garage as an ADU. Unit is 350 SF.
371
38316121 38316121 2818 E BARKLEY AVEGutierrez ADU ADU-0124 (Permit #2210-122)
ADU R 4/22/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Construct new 406 SF ADU at rear of house
attached to garage. ADU will have
bedroom, bathroom, kitchen, and
closet.38609101 38609101 291 N CAMBRIDGE STCarlson ADU ADU-0125 2208-056
ADU R 4/22/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Convert existing 2 car garage into 432 SF ADU
38612204 38612204 367 N WAVERLY ST367 N Waverly Holing, LLC (Daniel Lewin) ADU
ADU-0126
(Permit #2207-008)
ADU R 4/25/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Conversion of 715 SF detached garage into ADU.
ADU will have (1) bedroom, (1)
bathroom, a dining area and
kitchen37928114 37928114 529 N WILDHORSE
CIR
Aldas ADU ADU-0127
(Permit #2208-205)
ADU R 4/28/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Convert an (E) structure into an ADU(e) structure
is 649 SF
03914208 03914208 435 N CYPRESS STConvert existing unit into ADU
ADU-0128
2207-209
ADU R 5/2/2022 1 1 1 0 No No No ApprovedKELLY RIBUFFO Existing dwelling plus new addition/conversion into
an ADU dwelling. (e) dwelling
(667 SF), new addition (215 SF) for
a total of 882 SF.
04103314 04103314 122 S LIME ST Odell ADU ADU-0129
(Permit #2206-301)
ADU R 5/2/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN ADU will be 366 SF. Garage conversion of a
detached garage into a 1
bedroom and 1 bathroom ADU.
38659219 38659219 850 N GRAND ST Construct a new 749 SF ADU
ADU-0130 ADU R 5/3/2022 1 1 1 0 No No No ApprovedMONIQUE SCHWARTZ Construct a new 749 SF ADU
03901216 03901216 409 N CITRUS ST Kelaher ADU ADU-0133
(Permit #2206-217)
ADU R 5/5/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Proposal to convert detached garage into a
368 SF ADU
38629213 38629213 1323 E LOMITA AVEDuong JADU ADU-0136
(Permit #2206-284)
ADU R 5/23/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Proposal to convert an existing family room,
kitchen and bedroom into a one
bedroom and one bathroom JADU
(460 SF)13740209 13740209 4240 W TILLER AVENguyen ADU ADU-0137 (Permit #2208-105)
ADU R 6/2/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Proposal to convert 360 SF garage into ADU
37541509 37541509 1502 E ADAMS AVEGarage Conversion ADUADU-0141 ADU 6/15/2022 1 1 1 0 No No No ApprovedVIDAL MARQUEZ Convert existing 668 SF attached garage into a 2-
bedroom ADU. R-2-6(A) zone.
38305115 38305115 455 N NOBLE ST New 642 SF detached ADUADU-0142 ADU 6/15/2022 1 1 1 0 No No No ApprovedVIDAL MARQUEZ New 642 SF detached ADU
39042414 39042414 367 S PINE ST Construction of new 636 sq. ft. detached ADU with 1
bedroom,
ADU-0143 ADU 6/16/2022 1 1 1 0 No No No ApprovedMONIQUE SCHWARTZ Construction of new 636 sq. ft.
detached ADU with 1 bedroom,
and 1 bathroom09405114 09405114 2737 BURLY AVE Convert existing 2 gar garage into 555 SF ADU
ADU-0144 ADU 6/17/2022 1 1 1 0 No No No ApprovedMONIQUE SCHWARTZ Convert existing 2 gar garage into 555 SF
ADU
37831510 37831510 2344 E LAKESIDE AVEStraabe ADU ADU-0147 (Permit #2208-366)
ADU R 7/7/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN NEW 660 SF
DETACHED ACCESSORY
DWELLING UNIT
38614414 38614414813 E SYCAMORE AVE813 Sycamore Ave LLC ADU ADU-0150 (Permit #2209-288)
ADU R 7/21/2022 1 1 1 0 No No No ApprovedTIFFANY CHHAN Reqeust to construct a new 740 SF detached
ADU at rear of property
37911207 37911207 5218 E AVENIDA
PALMAR
New Detached 800 SF ADU
with 2 bedrooms and 2
bathrooms
ADU-0151 ADU R 7/29/2022 1 1 1 0 No No No ApprovedMONIQUE SCHWARTZ New Detached 800 SF ADU with 2
bedrooms and 2 bathrooms
39046114 39046114905 E PALMYRA AVE Nash ADU ADU-0153 ADU R 8/2/2022 1 1 1 0 No No No ApprovedVIDAL MARQUEZ 646 SF attached ADU to existing barn structure.
CONVERT 115 SF OF GARAGE AND
ADD 531 SF NEW FOR 646 SF
DETTACHED ACCESSORY
DWELLING UNIT. WORKSCOPE
INCLUDES EXTERIOR SIDING TO
THE BARN AREA.
38623207 38623207 553 N PINE ST Detached 750 SF ADU ADU-0156 2211-266
ADU R 8/12/2022 1 1 1 0 No No No ApprovedAlvin Nuval Detached 750 SF ADU 38652909 38652909 829 N ORANGE STPaino ADU ADU-0165 ADU R 9/12/2022 1 1 0 No No No PendingRYAN AGBAYANI Proposal for the conversion of an existing 552
square foot detached garage into
a one-bedroom, one-bathroom
Accessory Dwelling Unit
4113125 4113125 320 S CLARK ST 3 existing 2 car garages to be converted into ADU
ADU-0166 ADU R 9/13/2022 1 1 1 0 No No No ApprovedAni Mnatsakanyan 3 existing 2 car garages to be converted into ADU
38609120 38609120 272 N WAVERLY STHuber ADU ADU-0169 ADU R 9/28/2022 1 1 1 0 No No No ApprovedAni Mnatsakanyan 38608418 38608418 252 N CAMBRIDGE STAddition and ADU ADU-0171 ADU R 10/5/2022 1 1 0 No No No PendingAni Mnatsakanyan 09450307 09450307 4544 E WASHINGTON
AVE
ADU Garage ConversionADU-0172 ADU R 10/6/2022 1 1 1 0 No No No ApprovedVIDAL MARQUEZ Request to convert an existing detached
garage into an accessory dwelling
unit093-382-01 093-382-01 2727 E.
KILLINGSWORTH AVE
Agreda ADU ADU-0174 ADU R 10/6/2022 1 1 0 No No No PendingRYAN AGBAYANI Proposal to construct a new detached one-
story two-bedroom one-
bathroom ADU (750 square feet)
372
094-521-26 094-521-26 553 S. ARLINGTON RDMillard ADU ADU-0175 ADU R 10/10/2022 1 1 No No No PendingRYAN AGBAYANI Proposal to convert existing living space on
first floor into a one-bedroom one-
bathroom ADU (790 SF)
38643310 38643310 866 N OLIVE ST Convert existing garage to ADU addition of 150 SF
ADU-0180 ADU R 10/24/2022 1 1 1 No No No ApprovedVIDAL MARQUEZ Request to convert an existing detached
garage to an ADU and add 150 SF
to the rear on an existing duplex
property04114110 04114110 637 W LA VETA AVEHomeAid ADU ADU-0182 2212-254
ADU R 11/2/2022 1 1 No No No PendingAni Mnatsakanyan
04114111 04114111 625 W LA VETA AVEHomeAid ADU ADU-0183 2212-256
ADU R 11/2/2022 1 1 No No No PendingAni Mnatsakanyan
04114112 04114112 617 W LA VETA AVEHomeAid ADU ADU-0184 2212-259
ADU R 11/2/2022 1 1 No No No PendingAni Mnatsakanyan
3915303 3915303 331 N OLIVE ST Detached 800 s.f. ADUADU-0185 ADU R 12/1/2022 1 1 1 No No No ApprovedAni Mnatsakanyan 36012118 36012118 3218 N PINEWOOD
ST
Gjesdal ADU ADU-0187 ADU R 11/23/2022 1 1 1 No No No ApprovedRYAN AGBAYANI Reqeust to construct a new detached ADU
(580 SF) with one bedroom and
one bathroom03903311 03903311 1127 W. MAPLE AVERosenzweig ADU ADU-0188 ADU R 11/28/2022 1 1 No No No PendingRYAN AGBAYANI Proposal to construct a new 496 square foot
detached 1 bedroom, 1 bathroom
ADU38612107 38612107 339 N CAMBRIDGE ST800 SF detached ADUADU-0193 2303-207
ADU R 12/13/2022 1 1 1 No No No ApprovedAni Mnatsakanyan 37840303 37840303 2727 E. WILSON AVEMuratalla ADU ADU-0194 ADU R 12/15/2022 1 1 No No No PendingRYAN AGBAYANI Proposal to convert an existing two car
garage (440 square feet) into a
new one-bedroom one-bathroom
ADU and construct a new 264
square foot addition to the
proposed ADU garage conversion
37515611 37515611 333 E. WILSON AVELozano ADU ADU-0198 ADU R 12/22/2022 1 1 No No No PendingRYAN AGBAYANI Proposal to convert an existing attached
garage (391 square feet) into a
new one-bedroom, one-bathroom
ADU38611117 38611117 374 N. LINCOLN ST Walsh ADU ADU-0199 ADU R 12/22/2022 1 1 No No No PendingRYAN AGBAYANI Proposal to construct a new one-story
detached two-bedroom, one-
bathroom ADU (904 SF)23126113 23126113 3707 W. Garden
Grove Boulevard, and
720-850 The City
Drive South
Streetlights ResidentialCUP 3138-21, CUP
3139-21, MJSP 1040-
21, DRC 5030-21, AA
0051-21, ENV 1875-
21 5+ R 2/25/2021 226 226 226 No No No ApprovedApproved to redevelop an existing commercial property with
a 7-story, 226 unit multifamily
and commercial building over two-
story subterranean parking, open
space amenities, two detached
parking decks on adjacent parcels,
and related on-site improvements
as part of a mixed-use
development. Project sued by
union group on CEQA grounds.
39010302 39010302 515 S GRAND ST Construct detached Second Unit on R-2-6 Property
DRC-5070
SP-1086
SFD R 3/9/2022 1 1 1 No No No DisapprovedKELLY RIBUFFO
38659301 38659301 300 E COLLINS AVESubdivide 1 parcel into 2 parcels/ zoned R-1-6
TPM-0023
ADR-0203,
SFD O 1/10/2022 1 1 1 No No No ApprovedVIDAL MARQUEZ Subdivide 1 parcel into 2 parcels/ zoned R-1-6.
2,395 SF SINGLE FAMILY
RESIDENCE WITH 440 SF
ATTACHED GARAGE WITH 4
BEDROOMS AND 4 BATHROOMS
INCLUDES 310 SF ATTACHED
PATIO
373
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved# of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 59 0 106 0 1 44 1 211 0 0 62 0 0 82 50 194 0 1 0 0 0 705 354 1060 1 0 2 0 041-213-05 041-213-05 850 W. Town and
Country Road
Fairfield - Vita
(Bldg. B) 1808-159 5+ R 0 0 357 3/15/2022 357 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000 0 Yes
357 (5-Story) Apartments
041-213-08 041-213-08 741 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 743 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 745 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 747 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 749 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 751 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 753 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 755 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 757 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 759 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 761 S. Grable
Circle (Bldg. 3) Tripointe - Bldg. 3 2103-178 SFA O 0 0 11 5/26/2022 11 0 N Y 0 Yes Building 3 contains 11
attached townhome
units
041-213-08 041-213-08 740 S. Grable
Circle (Bldg. 5) Tripointe - Bldg. 5 2103-181 SFA O 0 0 5 5/16/2022 5 0 N Y 0 Yes Building 5 contains 5
attached townhome
units
041-213-08 041-213-08 742 S. Grable
Circle (Bldg. 5) Tripointe - Bldg. 5 2103-181 SFA O 0 0 5 5/16/2022 5 0 N Y 0 Yes Building 5 contains 5
attached townhome
units
041-213-08 041-213-08 756 S. Grable
Circle (Bldg. 5) Tripointe - Bldg. 5 2103-181 SFA O 0 0 5 5/16/2022 5 0 N Y 0 Yes Building 5 contains 5
attached townhome
units
041-213-08 041-213-08 758 S. Grable
Circle (Bldg. 5) Tripointe - Bldg. 5 2103-181 SFA O 0 0 5 5/16/2022 5 0 N Y 0 Yes Building 5 contains 5
attached townhome
units
041-213-08 041-213-08 760 S. Grable
Circle (Bldg. 5) Tripointe - Bldg. 5 2103-181 SFA O 0 0 5 5/16/2022 5 0 N Y 0 Yes Building 5 contains 5 attached townhome units
378-281-38 378-281-38 1302 N. Wanda
Road 1910-042 ADU R 0 0 1 5/19/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
640 SF detached ADU
with 2 Bdrm., 1 Bath
392-033-01 392-033-01 825 S. Newhaven
Drive 2004-134 ADU R 0 0 1 5/5/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached ADU:
Repurpose 726 SF of
existing SFD, add 362 SF
for 1,088 SF attached
ADU with 2 Bdrms.
37529114 37529114 525 W. Struck Ave Valencia Garden
2110-260
MJSP No. 1010-20,
DRC No. 2007-20,
TPM 0018-20, a
Density Bonus
Housing Agreement,
and two Affordable
Housing
Concessions, 2110-
260
5+ R 0 34 3/1/2022 34 0 0 N Y HOME, CDLAC, LHTF,
LIHTC, PBS8, RDA DB 55 0 0.0% 2
Development
Standards
Modification
Yes
37,907 SF MULTI-
FAMILY BLDG. A:
35,244 SF IS FOR 12 -
(2) BEDROOM UNITS &
22 - (3) BEDROOM
UNITS; 2,662 SF IS
FOR COMMERCIAL
USE (OFFICE,
COMPUTER ROOM,
COMMUNITY ROOM,
LAUNDRY ROOM &
EXTERIOR STORAGE);
3,094 SF OF PORCH
/PATIO AREAS.
386-231-04 386-231-04 582 N. Pine Street 2004-228 ADU R 0 0 1 5/18/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
1,000 SF detached ADU
with 3 Bdrms., 2 Bath
039-203-04 039-203-04 135 E. Everett
Place 2005-032 ADU R 0 0 1 2/24/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
Repurpose 266 SF
storage
attached to detached
garage, add 300 SF for
566 SF ADU with 1 Bdrm.
039-351-14 039-351-14
286 N.
Donneybrook
Street
2006-230 ADU R 0 0 1 5/2/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached ADU:
Repurpose 445 SF
attached
garage for ADU with 1
Bdrm.
37529114 37529114 525 W STRUCK AVE BLDG. BValencia Garden MJSP No. 1010-20, DRC No. 2007-20,
TPM 0018-20, a
Density Bonus
Housing Agreement,
and two Affordable
Housing
Concessions, 2110-
261
5+ R 0 28 3/1/2022 28 0 0 N Y
HOME, HOME, CDLAC,
LHTF, LIHTC, PBS8,
RDA
DB 55 0.0% 2
Development
Standards
Modification
Yes
33,180 SF MULTI-
FAMILY BLDG. B:
30,034 SF IS FOR 6 -
(2) BEDROOM UNITS &
22 - (3) BEDROOM
UNITS; 3,146 SF IS
FOR COMMERCIAL
USE (OFFICE,
COMPUTER ROOM,
COMMUNITY ROOM,
LAUNDRY ROOM &
EXTERIOR STORAGE);
1,345 SF OF PORCH
/PATIO AREAS.
378-316-03 378-316-03 1754 N.
Morningside Street 2007-046 ADU R 0 0 1 4/5/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
493 SF detached ADU
with
2 Bdrms.
039-133-05 039-133-05 573 N. Olive Street 2007-192 ADU R 0 1 1/12/2022 1 1 4/25/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached ADU:
Repurpose 366 SF
attached garage and
remodel 215 SF of
existing unit for 581 SF
attached ADU with 1 Bdrm.
390-363-02 390-363-02 1334 E. Greenview
Drive 2007-235 ADU R 0 0 1 1/4/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached ADU:
Repurpose 400 SF
attached
garage for ADU with 1
Bdrm. and 1 Bath.
39042225 39042225 375 S. Shaffer St 2005-096 ADU R 0 1 9/22/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 256 SF
DETACHED GARAGE TO
ACCESSORY
DWELLING UNIT
(STUDIO).
094-524-11 094-524-11 672 S. Prospect
Street 2010-133 ADU R 0 0 1 3/17/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached ADU:
Repurpose 265 SF
attached
garage, add 234 SF for
499 SF ADU with 1 Bdrm.
50404109 50404109 8208 E San Luis
Dr. 2009-063 ADU R 0 1 3/3/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 586 SF
DETACHED GARAGE &
ADD 145 SF FOR 731 SF
1-BEDROOM
ACCESSORY
DWELLING UNIT.
386-293-11 386-293-11 785 N. California
Street 2010-257 ADU R 0 0 1 4/5/2022 1 0 N Y All ADUs assumed to have a level of afforability 0 Detached ADU:
1,000 SF 2-story detached
ADU with 2 Bdrms.
390-422-08 390-422-08 562 E. Van Bibber
Avenue 2011-132 ADU R 0 0 1 6/27/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
1,084 SF detached ADU
with 2 Bdrms., 2 Bath
039-131-06 039-131-06 555 N. Cypress
Street 2011-213 SFD R 0 0 1 4/13/2022 1 1 N Y
The home is operated by a non-
profit, Jamboree Housing, for
housing of homeless transitional
persons.
1000 0
3,593 SF SFD with
attached
748 SF garage used for
transitional housing for
homeless individuals.
390-201-40 390-201-40 1720 W. Almond
Avenue 2012-151 ADU R 0 0 1 3/8/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
Repurpose 429 SF
detached garage, add 299
SF for 719 SF, 2-story
detached ADU with 1
Bdrm., 2 Bath
386-592-08 386-592-08 839 N. Orange
Street 2101-020 ADU R 0 0 1 3/22/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
Repurpose 571 SF
detached garage, add 178
SF for 749 SF detached
ADU with 1 Bdrm.
386-014-02 386-014-02 1924 E. Mount
Vernon Avenue 2101-021 ADU R 0 0 1 3/21/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached ADU:
Repurpose 400 SF
attached
garage for ADU with 1
Bdrm.
38634102 38634102 459 N. Batavia St 2012-180 ADU R 0 1 7/5/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
1,200 SF GARAGE
/STORAGE
CONVERSION FOR 4
BEDROOM AND 2 BATH
DETACHED
ACCESSORY
DWELLING UNIT.
386-274-08 386-274-08 740 N. Maplewood
Street 2102-219 ADU R 0 0 1 1/14/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
733 SF detached ADU
with
2 Bdrms.
383-223-15 383-223-15 370 N. Handy
Street 2103-112 ADU R 0 0 1 1/25/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
749 SF detached ADU
with
2 Bdrms.
386-205-03 386-205-03 1422 E. Madison
Avenue 2103-170 ADU R 0 0 1 4/25/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
Repurpose 445 SF
detached garage for ADU
with 1 Bdrm.
392-031-15 392-031-15 887 S. Esplanade
Street 2104-123 ADU R 0 0 1 4/6/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached ADU:
Repurpose 490 SF
attached garage for ADU
with 1 Bdrm.
03901226 03901226 481 N. Citrus St. 2012-181 ADU R 0 1 2/2/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
434 SF ATTACHED
GARAGE CONVERSION
FOR 2 BEDROOM /1
BATH ACCESSORY
DWELLING UNIT.
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 374
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
390-402-08 390-402-08 373 S. Orange
Street 2105-156 ADU R 0 0 1 2/23/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
587 SF detached ADU
with
1 Bdrm.
372-632-09 372-632-09 2131 E. Altura
Avenue 2106-292 ADU R 0 0 1 5/5/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached ADU:
Repurpose 440 SF
attached
garage, add 150 SF for
590 SF ADU with 1 Bdrm.
03902102 03902102 378 N. Lime St 2012-214 ADU R 0 1 3/17/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
1,032 SF DETACHED
ACCESSORY
DWELLING UNIT (2
BEDROOM /2 BATH).
386-134-17 386-134-17 342 N. Cambridge
Street 2106-326 ADU R 0 0 1 5/25/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
766 SF ADU with 2
Bdrms.
attached to existing
detached 2-car garage.
386-292-11 386-292-11 825 N. California
Street 2107-067 ADU R 0 0 1 1/19/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
660 SF detached ADU
with
2 Bdrms.
378-344-18 378-344-18 1249 N. Jodi Street 2107-135 ADU R 0 1 2/8/2022 1 1 6/27/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
Foundation and sewer
connection for pre-
manufactured detached
ADU with 2 Bdrms.
390-432-20 390-432-20 713 E. Washington
Avenue 2108-070 ADU R 0 0 1 3/2/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached ADU:
Repurpose 360 SF
detached garage for ADU
with studio floor plan.
374-681-02 374-681-02 340 W. Meats
Avenue 2112-033 SFD O 0 0 8/31/2022 0 0 N 1 Demolished O Demo house structure 390-322-15 390-322-15 585 S. Tustin
Street 2208-231 SFD O 0 0 9/20/2022 0 0 N 1 Destroyed O Demo 702 SF SFD due to fire 041-213-05 041-213-05 1000 W. Town and
Country Road 1809-073 5+ R 0 0 295 7/18/2022 295 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
0 Yes
295 (5-Story) Apartments
041-213-08 041-213-08 771 S. Grable
Circle (Bldg. 2) 2103-291 SFA O 0 0 6 7/28/2022 6 0 N Y N/A Spreadsheet Error 0 Building 2 contains 6
attached
townhome units
041-213-08 041-213-08 773 S. Grable
Circle (Bldg. 2) 2103-291 SFA O 0 0 6 7/28/2022 6 0 N Y N/A Spreadsheet Error 0 Building 2 contains 6
attached
townhome units
041-213-08 041-213-08 775 S. Grable
Circle (Bldg. 2) 2103-291 SFA O 0 0 6 7/28/2022 6 0 N Y N/A Spreadsheet Error 0 Building 2 contains 6
attached
townhome units
041-216-08 041-216-08 777 S. Grable
Circle (Bldg. 2) 2103-291 SFA O 0 0 6 7/28/2022 6 0 N Y N/A Spreadsheet Error 0 Building 2 contains 6
attached
townhome units
041-213-08 041-213-08 779 S. Grable
Circle (Bldg. 2) 2103-291 SFA O 0 0 6 7/28/2022 6 0 N Y N/A Spreadsheet Error 0 Building 2 contains 6
attached
townhome units
041-213-08 041-213-08 781 S. Grable
Circle (Bldg. 2) 2103-291 SFA O 0 0 6 7/28/2022 6 0 N Y N/A Spreadsheet Error 0 Building 2 contains 6
attached
townhome units
041-213-08 041-213-08 841 S. Grable
Circle (Bldg. 7) 2105-235 SFA O 0 0 6 10/21/2022 6 0 N Y N/A Spreadsheet Error 0 Building 7 contains 6
attached
townhome units
041-213-08 041-213-08 843 S. Grable
Circle (Bldg. 7) 2105-235 SFA O 0 0 6 10/21/2022 6 0 N Y N/A Spreadsheet Error 0 Building 7 contains 6
attached
townhome units
041-213-08 041-213-08 845 S. Grable
Circle (Bldg. 7) 2105-235 SFA O 0 0 6 10/21/2022 6 0 N Y N/A Spreadsheet Error 0 Building 7 contains 6
attached
townhome units
041-213-08 041-213-08 847 S. Grable
Circle (Bldg. 7) 2105-235 SFA O 0 0 6 10/21/2022 6 0 N Y N/A Spreadsheet Error 0 Building 7 contains 6
attached
townhome units
041-213-08 041-213-08 849 S. Grable
Circle (Bldg. 7) 2105-235 SFA O 0 0 6 10/21/2022 6 0 N Y N/A Spreadsheet Error 0 Building 7 contains 6
attached
townhome units
041-213-08 041-213-08 851 S. Grable
Circle (Bldg. 7) 2105-235 SFA O 0 0 6 10/21/2022 6 0 N Y N/A Spreadsheet Error 0 Building 7 contains 6
attached
townhome units
041-213-08 041-213-08 842 S. Grable
Circle (Bldg. 8) 2105-236 SFA O 0 0 5 10/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 8 contains 5
attached
townhome units
041-213-08 041-213-08 844 S. Grable
Circle (Bldg. 8) 2105-236 SFA O 0 0 5 10/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 8 contains 5
attached
townhome units
041-213-08 041-213-08 846 S. Grable
Circle (Bldg. 8) 2105-236 SFA O 0 0 5 10/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 8 contains 5
attached
townhome units
041-213-08 041-213-08 848 S. Grable
Circle (Bldg. 8) 2105-236 SFA O 0 0 5 10/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 8 contains 5
attached
townhome units
041-213-08 041-213-08 850 S. Grable
Circle (Bldg. 8) 2105-236 SFA O 0 0 5 10/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 8 contains 5
attached
townhome units
041-213-08 041-213-08 804 S. Grable
Circle (Bldg. 9) 2106-065 SFA O 0 1 3/9/2022 1 5 12/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 9 contains 5
attached
townhome units
041-213-08 041-213-08 806 S. Grable
Circle (Bldg. 9) 2106-065 SFA O 0 1 3/9/2022 1 5 12/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 9 contains 5
attached
townhome units
041-213-08 041-213-08 808 S. Grable
Circle (Bldg. 9) 2106-065 SFA O 0 1 3/9/2022 1 5 12/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 9 contains 5
attached
townhome units
041-213-08 041-213-08 810 S. Grable
Circle (Bldg. 9) 2106-065 SFA O 0 1 3/9/2022 1 5 12/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 9 contains 5
attached
townhome units
041-213-08 041-213-08 812 S. Grable
Circle (Bldg. 9) 2106-065 SFA O 0 1 3/9/2022 1 5 12/21/2022 5 0 N Y N/A Spreadsheet Error 0 Building 9 contains 5
attached
townhome units
041-213-08 041-213-08 803 S. Grable
Circle (Bldg. 10) 2106-066 SFA O 0 1 3/9/2022 1 7 12/21/2022 7 0 N Y N/A Spreadsheet Error 0 Building 10 contains 7
attached
townhome units
041-213-08 041-213-08 805 S. Grable
Circle (Bldg. 10) 2106-066 SFA O 0 1 3/9/2022 1 7 12/21/2022 7 0 N Y N/A Spreadsheet Error 0 Building 10 contains 7
attached
townhome units
041-213-08 041-213-08 807 S. Grable
Circle (Bldg. 10) 2106-066 SFA O 0 1 3/9/2022 1 7 12/21/2022 7 0 N Y N/A Spreadsheet Error 0 Building 10 contains 7
attached
townhome units
041-213-08 041-213-08 809 S. Grable
Circle (Bldg. 10) 2106-066 SFA O 0 1 3/9/2022 1 7 12/21/2022 7 0 N Y N/A Spreadsheet Error 0 Building 10 contains 7
attached
townhome units
041-213-08 041-213-08 811 S. Grable
Circle (Bldg. 10) 2106-066 SFA O 0 1 3/9/2022 1 7 12/21/2022 7 0 N Y N/A Spreadsheet Error 0 Building 10 contains 7
attached
townhome units
041-213-08 041-213-08 813 S. Grable
Circle (Bldg. 10) 2106-066 SFA O 0 1 3/9/2022 1 7 12/21/2022 7 0 N Y N/A Spreadsheet Error 0 Building 10 contains 7
attached
townhome units
041-213-08 041-213-08 815 S. Grable
Circle (Bldg. 10) 2106-066 SFA O 0 1 3/9/2022 1 7 12/21/2022 7 0 N Y N/A Spreadsheet Error 0 Building 10 contains 7
attached
townhome units
386-215-08 386-215-08 1207 E. Walnut
Avenue 1903-208 ADU R 0 0 1 8/18/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 640 SF ADU
with 2
bedrooms
386-592-04 386-592-04 865 N. Orange
Street 1907-211 ADU R 0 0 1 10/20/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 640 SF ADU
with 2
bedrooms attached to
garage
383-051-03 383-051-03 488 N. Hamlin
Street 2005-043 ADU R 0 0 1 8/2/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 448 SF of
existing floor area, add
60 SF for 1 bedroom
ADU
374-252-34 374-252-34 728-730 W.
Brookshire Avenue 2006-033 ADU R 0 0 1 11/1/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached 991 SF ADU
on second floor of SFD
with 3 bedrooms and 3
bathrooms
390-602-14 390-602-14 457 S. Olive Street 2006-081 ADU R 0 1 3/1/2022 1 1 9/15/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 749 SF ADU
with 2
bedrooms
094-092-239 094-092-239
3546 E.
Washington
Avenue
2006-141 ADU R 0 0 1 8/12/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached 390 SF ADU - studio
137-463-26 137-463-26 130 N. Woodridge
Circle 2007-156 ADU R 0 0 1 11/4/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 750 SF ADU
with 2
bedrooms
094-092-04 094-092-04 145 S. Swidler
Place 2009-097 ADU R 0 0 1 8/31/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached 452 SF ADU
with
1 bedroom
386-121-17 386-121-17 320 N. Waverly
Street 2010-023 ADU R 0 0 1 9/14/2021 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 400 SF
detached garage
for ADU - studio
093-270-64 093-270-64 1955 Windes Drive 2101-273 SFD O 0 0 1 9/14/2022 1 0 N Y 0 Reconstruct 2,919 SF
SFD
destroyed by fire
375-211-33 375-211-33 523 E. Collins
Avenue 2102-130 ADU R 0 1 6/2/2022 1 1 10/19/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 434 SF
garage attached to SFD
to ADU with 3 bedrooms
and 1 bath
094-083-22 094-083-22 2940 E. Romelle
Avenue 2102-173 ADU R 0 0 1 12/8/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 1,200 SF
ADU with 3
bedrooms and 2
bathrooms
393-342-01 393-342-01 4714 E.
Montgomery Place 2103-048 ADU R 0 0 1 11/16/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 800 SF ADU
with 2
bedrooms and two
bathrooms
374-341-29 374-341-29 239 W. Westway
Avenue 2108-249 ADU R 0 1 2/25/2022 1 1 9/1/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 792 SF ADU
with 1
bedrooms and 1.5
bathrooms
361-161-42 361-161-42 2520 N. Shady
Forest Lane 2109-010 ADU R 0 1 1/17/2022 1 1 11/22/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Attached 799 SF ADU
with 1
bedroom
390-501-01 390-501-01 182 S. Park Lane,
Unit 1 2109-078 ADU R 0 1 2/1/2022 1 1 11/10/2022 1 0 N Y All ADUs assumed to have a level of afforability 0 Attached 748 SF ADU
390-501-01 390-501-01 182 S. Park Lane,
Unit 2 2109-078 ADU R 0 1 2/1/2022 1 1 11/10/2022 1 0 N Y All ADUs assumed to have a level of afforability 0 Attached 748 SF ADU
383-151-02 383-151-02 886 N. Hart Street 2109-105 ADU R 0 1 3/8/2022 1 1 8/31/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 201 SF of
attached
garage, add 230 SF for
561 SF ADU
with 1 bedroom.
039-083-08 039-083-08 613 W. Walnut
Avenue 2109-291 ADU R 0 1 1/26/2022 1 1 8/10/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 357 SF of
detached
garage, add 393 SF for
750 SF ADU
with 2 bedrooms.
390-434-14 390-434-14 280 S. Cambridge
Street 2109-303 ADU R 0 1 4/25/2022 1 1 8/30/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 333 SF
detached garage
to ADU.
386-275-01 386-275-01 741 N. Maplewood
Street 2109-304 ADU R 0 0 1 11/9/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 733 SF ADU
with 2
bedrooms
386-101-39 386-101-39 1417 E. Dana
Place 2110-044 ADU R 0 1 3/24/2022 1 1 10/6/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 360 SF of
detached
garage attached to
remaining garage
-studio.
233-111-21 233-111-21 230 N. Halyard
Lane 2110-242 ADU R 0 0 1 11/4/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 369 SF
attached garage
to ADU
039-195-20 039-195-20 402 E. Oakmont
Avenue 2110-244 ADU R 0 1 11/4/2022 1 1 9/27/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Detached 749 SF ADU
with 2
bedrooms and 3
bathrooms.
386-134-11 386-134-11 805 E. Palm
Avenue 2112-011 ADU R 0 1 3/25/2022 1 1 8/9/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 404 SF
detached garage
and 418 SF rumpus
room attached
to garage to 822 SF
ADU
375
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
375-192-10 375-192-10 1043 N. Orange
Street 2112-102 ADU R 0 1 2/28/2022 1 1 8/23/2022 1 0 N Y All ADUs assumed to have a level of afforability 0 Detached 550 SF ADU.
093-501-12 093-501-12 4643 E. Orange
Grove Avenue 2112-182 ADU R 0 1 3/22/2022 1 1 9/12/2022 1 0 N Y All ADUs assumed to have a level of afforability 0 Attached 420 SF ADU - studio
390-602-20 390-602-20 419 (421) S. Olive
Street Olive Studio Unit ADU-0074
(Permit #2205-236) ADU R 1 1/14/2022 1 1 10/24/2022 1 1 12/1/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
Repurpose 420 SF
detached
maintenance room
attached to
garage - studio.
386-122-04 386-122-04 369 (367) N.
Waverly Street
367 N Waverly
Holing, LLC (Daniel
Lewin) ADU
ADU-0126
(Permit #2207-008) ADU R 1 6/28/2022 1 1 8/26/2022 1 1 12/22/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Conversion of 715 SF
detached garage into
ADU. ADU will have (1)
bedroom, (1) bathroom,
a dining area and
kitchen
3924308 3924308 231 (233) N. Grand
Street 800 SF ADU ADU 0138-23
2208-159 ADU R 1 7/22/2022 1 1 11/10/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0 Alvin Nuval
37413114 37413114 813 E
CUMBERLAND RDGarcia ADU ADU-0018
(Permit # 2203-346) ADU R 1 3/24/2022 1 1 4/27/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN New
750 SF New Detached
Accessory Dwelling Unit
with 2 Bedrooms
39041413 39041413 433 E LA VETA
AVE
Magcale Residence
ADU
ADU-0050
2201-293 ADU R 1 5/18/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0 Kelly Ribuffo
39205216 39205216 450 S JENNIFER
LN
Garage Conversion
ADU
ADU-0072
(Permit #2204-046) ADU R 1 3/30/2022 1 1 7/26/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Convert existing garage
to ADU with 1 bedroom
37418229 37418229 1127 E DEL MAR
AVE Aceves ADU ADU-0077
(Permit #2202-114) ADU R 1 2/9/2022 1 1 8/9/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN Add
new attached ADU 745
SF with 378 SF attic
storage (non-habitable)
to main home. new
residence
39022131 39022131 302 S POINSETTIA
DR Chuong ADU ADU-0078
(Permit #2202-131) ADU R 1 1/17/2022 1 1 4/27/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Attached 496 SF ADU
to existing single-family
residence. New
residence ADU
38624121 38624121 620 N
CAMBRIDGE ST
620 N Cambridge
Residence ADU
ADU-0079
(Permit #2203-303) ADU R 1 3/3/2022 1 1 8/4/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Proposal to construct a
new 1,000 SF attached
ADU
38623222 38623222 590 (592) N
CAMBRIDGE ST
Proposed detached
ADU on SFR
ADU-0080
(Permit #2207-007) ADU R 1 6/28/2022 1 1 10/18/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Proposed 999 SF
detached ADU on single-
family residence
36163301 36163301 3333 E
WOODBINE RDCastro ADU ADU-0082
(Permit #2203-057) ADU R 1 3/1/2022 1 1 11/28/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN NEW
450 SF DET.
ACCESSORY
DWELLING UNIT
38619128 38619128 1511 E ORANGE
GROVE AVE Frey ADU ADU-0089
(Permit #2203-148) ADU R 1 3/3/2022 1 1 7/12/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN NEW
551 SF DETACHED
ACCESSORY
DWELLING UNIT.
03933219 03933219 205 N ECKHOFF
ST Huynh ADU ADU-0090
(Permit #2203-028) ADU R 1 2/17/2022 1 1 5/18/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
CONVERT 441 SF
DETACHED GARAGE
INTO ADU & ADD 240
SF TO IT
09337133 09337133 3704 E BOND AVE Compton ADU ADU-0093
(Permit #2205-049) ADU R 1 3/1/2022 1 1 7/5/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN 800
SF DETACHED
ACCESSORY
DWELLING UNIT
38659221 38659221 866 N GRAND ST Mortis ADU ADU-0095
(Permit #2204-017) ADU R 1 3/24/2022 1 1 9/14/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Convert existing
detached 768 SF
garage to detached
ADU. 2 bedrooms,
shingle roof will be
installed and all exterior
walls will receive new
stucco exterior finshes.
New detached ADU
residence.
37516402 37516402 634 E ADAMS AVE Ingram ADU ADU-0101
(Permit #2205-062) ADU R 1 4/27/2022 1 1 7/15/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Construct 683 SF ADU
from 2 car garage &
living space. ADU will
consist of 1 bedroom, 2
bathrroms and a kitchen
38619145 38619145 1524 (1526) E
EVERETT PL Adam ADU ADU-0103
(Permit #2208-224) ADU R 1 8/10/2022 1 1 12/6/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN 562
SF ATTACHED
ACCESSORY
DWELLING + 405 SF
ADDITION TO HOME
36131215 36131215 2443 E
ORANGEVIEW LNGamble ADU ADU-0104
(Permit #2206-238) ADU R 1 6/2/2022 1 1 10/11/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Construct new 630 SF
ADU at rear of property.
ADU will have bedroom,
bathroom, kitchen and
living area
03901223 03901223 461 N CITRUS ST Murphy ADU ADU-0107
2206-124 ADU R 1 4/20/2022 1 1 8/26/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
KELLY RIBUFFO
Adding new one story
865 SF ADU at rear
yard. Tenant
improvement for
existing single family
dwelling.
39067215 39067215 168 (170) S
PARKER ST Siddons ADU ADU-0108
2206-233 ADU R 1 5/18/2022 1 1 11/22/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
KELLY RIBUFFO
Convert and expand
and existing detached
garage into an ADU
09458214 09458214 3119 E ALMOND
AVE Rosenberg ADU ADU-0114
(Permit #2206-012) ADU R 1 5/24/2022 1 1 10/31/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Convert existing garage
to a 400 SF ADU
39048118 39048118 1415 (1417) E
CENTURY DR
Legalize Detached
ADU
ADU-0116
(Permit #2206-158) ADU R 1 5/24/2022 1 1 10/4/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
CONVERT 709 SF
DETACHED GARAGE
TO AN ACCESSORY
DWELLING UNIT WITH
1 BEDROOM.
INCLUDES MAIN
PANEL (LEGALIZE
CONVERSION)
36145108 36145108 2641 (2639) E
DENISE AVE Cohen ADU ADU-0119
(Permit #2206-316) ADU R 1 6/21/2022 1 1 8/31/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
CONVERT 327 SF
DETACHED
RECREATION ROOM
TO 2-BEDROOM
ACCESSORY
DWELLING UNIT
38609101 38609101 291 N
CAMBRIDGE STCarlson ADU ADU-0125
2208-056 ADU R 1 7/13/2022 1 1 10/11/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
KELLY RIBUFFO
Convert existing 2 car
garage into 432 SF
ADU
37928114 37928114 529 (531) N
WILDHORSE CIRAldas ADU ADU-0127
(Permit #2208-205) ADU R 1 6/28/2022 1 1 11/17/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Convert an (E) structure
into an ADU(e) structure
is 649 SF
03914208 03914208 435 N CYPRESS
ST
Convert existing unit
into ADU
ADU-0128
2207-209 ADU R 1 5/3/2022 1 1 11/22/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
KELLY RIBUFFO
Existing dwelling plus
new addition/conversion
into an ADU dwelling.
(e) dwelling (667 SF),
new addition (215 SF)
for a total of 882 SF.
04103314 04103314 122 (124) S LIME
ST Odell ADU ADU-0129
(Permit #2206-301) ADU R 1 6/2/2022 1 1 10/25/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN ADU
will be 366 SF. Garage
conversion of a
detached garage into a
1 bedroom and 1
bathroom ADU.
03901216 03901216 409 N CITRUS ST Kelaher ADU ADU-0133
(Permit #2206-217) ADU R 1 5/20/2022 1 1 11/2/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Proposal to convert
detached garage into a
368 SF ADU
37541509 37541509 1502 E ADAMS
AVE
Garage Conversion
ADU ADU-0141 ADU R 1 8/22/2022 1 1 12/1/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
VIDAL MARQUEZ
Convert existing 668 SF
attached garage into a
2-bedroom ADU. R-2-
6(A) zone.
38659219 38659219 850 (852) N
GRAND ST
Construct a new 749
SF ADU
ADU-0130
(Permit #2206-093) ADU R 1 6/2/2022 1 1 9/6/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
MONIQUE
SCHWARTZ
Construct a new 749
SF ADU
38629213 38629213 1323 E LOMITA
AVE Duong JADU ADU-0136
(Permit #2206-284) ADU R 1 6/20/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Proposal to convert an
existing family room,
kitchen and bedroom
into a one bedroom and
one bathroom JADU
(460 SF)
13740209 13740209 4240 W TILLER
AVE Nguyen ADU ADU-0137
(Permit #2208-105) ADU R 1 7/12/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Proposal to convert 360
SF garage into ADU
38305115 38305115 455 N NOBLE ST New 642 SF
detached ADU ADU-0142 ADU R 1 8/26/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
VIDAL MARQUEZ New
642 SF detached ADU
39042414 39042414 367 (369) S PINE
ST
Construction of new
636 sq. ft. detached
ADU with 1 bedroom,
ADU-0143 ADU R 1 8/1/2022 1 1 10/25/2022 1 1 3/17/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
MONIQUE SCHWARTZ
Construction of new
636 sq. ft. detached
ADU with 1 bedroom,
and 1 bathroom
09405114 09405114 2737 BURLY AVE
Convert existing 2
gar garage into 555
SF ADU
ADU-0144 ADU R 1 8/29/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
MONIQUE SCHWARTZ
Convert existing 2 gar
garage into 555 SF
ADU
37831510 37831510 2344 E LAKESIDE
AVE Straabe ADU ADU-0147
(Permit #2208-366) ADU R 1 8/26/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN NEW
660 SF DETACHED
ACCESSORY
DWELLING UNIT
38614414 38614414 813 E SYCAMORE
AVE
813 Sycamore Ave
LLC ADU
ADU-0150
(Permit #2209-288) ADU R 1 9/20/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
TIFFANY CHHAN
Reqeust to construct a
new 740 SF detached
ADU at rear of property
37911207 37911207 5218 E AVENIDA
PALMAR
New Detached 800
SF ADU with 2
bedrooms and 2
bathrooms
ADU-0151 ADU R 1 8/16/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
MONIQUE SCHWARTZ
New Detached 800 SF
ADU with 2 bedrooms
and 2 bathrooms
39046114 39046114 905 E PALMYRA
AVE Nash ADU ADU-0153 ADU R 1 11/22/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
VIDAL MARQUEZ 646
SF attached ADU to
existing barn structure.
CONVERT 115 SF OF
GARAGE AND ADD 531
SF NEW FOR 646 SF
DETTACHED
ACCESSORY
DWELLING UNIT.
38623207 38623207 553 N PINE ST Detached 750 SF
ADU
ADU-0156
2211-266 ADU R 1 10/26/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0 Alvin Nuval Detached
750 SF ADU
4113125 4113125 320 S CLARK ST
3 existing 2 car
garages to be
converted into ADU
ADU-0166 ADU R 1 12/16/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
Ani Mnatsakanyan 3
existing 2 car garages
to be converted into
ADU
09450307 09450307
4544 E
WASHINGTON
AVE
ADU Garage
Conversion ADU-0172 ADU R 1 10/27/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
VIDAL MARQUEZ
Request to convert an
existing detached
garage into an
accessory dwelling unit
376
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
38643310 38643310 866 N OLIVE ST
Convert existing
garage to ADU
addition of 150 SF
ADU-0180 ADU R 1 12/6/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
VIDAL MARQUEZ
Request to convert an
existing detached
garage to an ADU and
add 150 SF to the rear
on an existing duplex
property
36012118 36012118 3208 N.
PINEWOOD STGjesdal ADU ADU-0187 ADU R 1 12/20/2022 1 0 0 0 N Y All ADUs assumed to have a level of afforability 0
RYAN AGBAYANI
Proposal to construct a
new detached one-
bedroom one-bathroom
ADU (580 SF) in rear
yard
38659301 38659301 300 E COLLINS
AVE
Subdivide 1 parcel
into 2 parcels/ zoned
R-1-6
TPM-0023
ADR-0203, SFD O 1 10/20/2022 1 0 0 0 N Y 0
VIDAL MARQUEZ
Subdivide 1 parcel into
2 parcels/ zoned R-1-6.
2,395 SF SINGLE
FAMILY RESIDENCE
WITH 440 SF
ATTACHED GARAGE
WITH 4 BEDROOMS
AND 4 BATHROOMS
INCLUDES 310 SF
ATTACHED PATIO
39027106 39027106 354 S. Devon Rd. ADU 2012-229 ADU R
0 1 3/17/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 240 SF
STORAGE + ADD 220
SF FOR NEW 460 SF
DETACHED, (1)
BEDROOM
ACCESSORY
DWELLING UNIT
04121308 04121308 791 S. Grable Cir. Tripointe 2106-070 SFA O 0 6 3/9/2022 6 6 12/19/2022 6 0 N Y 0
6) UNIT ATTACHED
TOWNHOME
RESIDENTIAL BLDG.
04121308 04121308 793 S. Grable Cir. Tripointe 2106-070 SFA O 0 6 3/9/2022 6 6 12/19/2022 6 0 N Y 0
6) UNIT ATTACHED
TOWNHOME
RESIDENTIAL BLDG.
04121308 04121308 795 S. Grable Cir. Tripointe 2106-070 SFA O 0 6 3/9/2022 6 6 12/19/2022 6 0 N Y 0
6) UNIT ATTACHED
TOWNHOME
RESIDENTIAL BLDG.
04121308 04121308 797 S. Grable Cir. Tripointe 2106-070 SFA O 0 6 3/9/2022 6 6 12/19/2022 6 0 N Y 0
6) UNIT ATTACHED
TOWNHOME
RESIDENTIAL BLDG.
04121308 04121308 799 S. Grable Cir. Tripointe 2106-070 SFA O 0 6 3/9/2022 6 6 12/19/2022 6 0 N Y 0
6) UNIT ATTACHED
TOWNHOME
RESIDENTIAL BLDG.
04121308 04121308 801 S. Grable Cir. Tripointe 2106-070 SFA O 0 6 3/9/2022 6 6 12/19/2022 6 0 N Y 0
6) UNIT ATTACHED
TOWNHOME
RESIDENTIAL BLDG.
39039611 39039611 232 E. Washington
Ave. ADU 2106-122 ADU R
0 1 1/20/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
371 SF DETACHED
ACCESSORY
DWELLING UNIT WITH
1 BEDRROM AND 1
BATHROOM BY
CONVERTING
EXISTING CAR
GARAGE.
09339101 09339101 3811-3813 E.
Sycamore Ave. ADU 2106-344 ADU R
0 1 4/20/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
612 SF ATTACHED, 2-
BED 2-BATH
ACCESSORY
DWELLING UNIT+ 63
SF ADDITION TO
EXISTING RESIDENCE
TO ENLARGE EXIST.
BEDROOM AND ADD
BATHROOM.
13746318 13746318 110 N. Windgap
Dr. ADU 2107-274 ADU R
0 1 1/10/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
998 SF 2 BEDROOM
DETACHED
ACCESSORY
DWELLING UNIT
36031605 36031605 3016 N. Gayle St. ADU 2109-009 ADU R
0 1 1/10/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONSTRUCT 710 SF
(1-BEDROOM),
ATTACHED,
ACCESSORY
DWELLING UNIT.
03936109 03936109 2345 W. Maple
Ave. ADU 2109-018 ADU R
0 1 1/4/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
363 SF DETACHED
GARAGE
CONVERSION TO
ATTACHED
ACCESSORY
DWELLING UNIT
(STUDIO).
38627518 38627518 1127 E. Mayfair
Ave. ADU 21109-279 ADU R
0 1 8/16/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 431 SF
ATTACHED GARAGE
INTO 1-BEDROOM
ACCESSORY
DWELLING UNIT
38628107 38628107 816 N. Waverly St. ADU 2110-027 ADU R 0 1 7/11/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
800 SF DETACHED, 2-
BEDROOM, 2-BATH,
ACCESSORY
DWELLING UNIT.
36016221 36016221 714-716 E. Rainier
Ave. ADU 2110-036 ADU R
0 1 1/3/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
511 SF TOTAL
ADDITION (334 SF
FOR ATTACHED
ACCESSORY
DWELLING UNIT AND
177 SF FOR MAIN
HOUSE); REMODEL
384 SF OF EXISTING
FLOOR SPACE FOR A
TOTAL 718 SF
ACCESSORY
DWELLING UNIT
(334SF + 384SF)
37948110 37948110 6508 E Gray Ln. SFD 2110-087 SFD O
0 1 12/22/2022 1 0 0 N Y 0
7,903 SF HOME, 650
SF BASEMENT, 593 SF
GARAGE, (3)
BALONIES, (3) FRONT
PATIO'S, (4) REAR
PATIO'S, BREEZEWAY
CONNECTING HOME
TO DETACHED
GARAGE /CASITA
37948110 37948110 6506 E. Gray Ln. ADU 2110-088 ADU R 0 1 12/22/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0 569 SF DETACHED
CASITA.
36173109 36173109 2514 N. Waterford
St. SFD 2110-112 SFD O
0 1 1/26/2022 1 0 0 N Y 0
RECONSTRUCT 3,886
SF HOME, 623 SF
GARAGE + 104 SF
BALCONY. ORIG.
HOME DAMAGED BY
FIRE.
37514307 37514307 126 E. Wilson Ave. ADU 2110-129 ADU R 0 1 6/2/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
420 SF ATTACHED
ACCESSORY
DWELLING UNIT
(STUDIO)
38605203 38605203 169 N. Shattuck Pl. ADU 2110-220 ADU R 0 1 3/9/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
799 SF DETACHED 2-
BEDROOM
ACCESSORY
DWELLING UNIT.
23311121 23311121 230 N. Haylard Ln. ADU 2110-242 ADU R 0 1 3/7/2022 1 1 11/4/2022 1 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 369 SF
ATTACHED GARAGE
TO AN ACCESSORY
DWELLING UNIT WITH
1 BEDROOM.
37258203 37258203 2610 E. El Sereno
Dr. ADU 2111-034 ADU R
0 1 3/3/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
761 SF DETACHED
ACCESSORY
DWELLING UNIT WITH
ATTACHED 1120 SF
CARPORT AND 237 SF
STORAGE ROOM.
39039612 39039612 228 E. Washington
Ave. ADU 21110-227 ADU R
0 1 6/30/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
580 SF DETACHED
ACCESSORY
DWELLING UNIT.
03914404 03914404 459-463 N. Olive
St. ADU 2111-257 ADU R
0 1 2/15/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 592 SF
GARAGE TO 1-
BEDROOM, 1-BATH
ACCESSORY
DWELLING UNIT
38620320 38620320 610 N. Lincoln St. ADU 2112-036 ADU R 0 1 2/14/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 418 SF
EXISTING DETACHED
GARAGE TO
ACCESSORY
DWELLING UNIT
38620305 38620305 1404 E. Rose Ave. ADU 2112-037 ADU R
0 1 2/7/2002 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 420 SF
EXISTING DETACHED
GARAGE TO
ACCESSORY
DWELLING UNIT
38617228 38617228 2013 E. Orange
Grove Ave ADU 2112-124 ADU R
0 1 3/23/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
NEW 800 SF
DETATCHED ONE-
STORY ACCESSORY
DWELLING UNIT (2-
BEDROOMS, 2-
BATHROOMS). REF.
ADU NO. 0046-21.
38645138 38645138 732 W. Palm Ave ADU 2112-253 ADU R
0 1 8/23/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 214 SF OF
EXISTING DETACHED
GARAGE INTO NEW
DETACHED STUDIO
ACCESSORY
DWELLING UNIT. REF.
ADU-0064.
39042122 39042122 515 E. Van Bibber
Ave. ADU 2201-063 ADU R
0 1 12/12/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 632 SF
DETACHED GARAGE
WITH OFFICE SPACE
TO 1-BEDROOM
ACCESSORY
DWELLING UNIT.
37426128 37426128 2500 N Capri St. ADU 2201-137 ADU R
0 1 7/19/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
749 SF DETACHED
ACCESSORY
DWELLING UNIT WITH
2 BEDROOMS AND
BATHROOMS, 74 SF
PORCH
03934429 03934429 1710 W. Willow
Ave. ADU 2201-194 ADU R
0 1 11/14/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
585 SF NEW
ATTACHED
ACCESSORY
DWELLING UNIT WITH
ONE BEDROOM.
38644216 38644216 357-359 N. Clark
St. ADU 2202-178 ADU R
0 1 8/29/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
310 SF ATTACHED
ADU (CONVERT 302
SF GARAGE + ADD 8
SF)
03933219 03933219 2041 W. Maple
Ave. ADU 2203-028 ADU R
0 1 5/18/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT 441 SF
DETACHED GARAGE
AND ADD 240 SF FOR
681 SF ACCESSORY
DWELLING UNIT WITH
2 BEDROOMS
09337133 09337133 675 N. Gravier St. ADU 2205-049 ADU R 0 1 7/5/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
800 SF DETACHED
ACCESSORY
DWELLING UNIT WITH
2 BEDROOMS AND 2
BATHROOMS
37516402 37516402 626 E. Adams Ave. ADU 2205-062 ADU R
0 1 7/15/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
REMODEL EXISTING
309 SF DETACHED
LIVING SPACE AND
CONVERT EXISTING
374 SF GARAGE FOR
NEW 683 SF
DETACHED
ACCESSORY
DWELLING UNIT (1
BEDROOM, 2
BATHROOMS).
03921212 03921212 251 E. Walnut Ave. ADU 2205-123 ADU R 0 1 9/6/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
749 SF DETACHED 2-
BEDROOM
ACCESSORY
DWELLING UNIT.
377
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
37451103 37451103 619 E. Heim Ave. ADU 2207-035 ADU R
0 1 9/15/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CREATE 407 SF
JUNIOR ACCESSORY
DWELLING UNIT
WITHIN EXISTING
FLOOR SPACE.
38609101 38609101 916 E. Palm Ave. ADU 2208-056 ADU R
0 1 10/11/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
432 SF DETACHED
GARAGE
CONVERSION INTO AN
ACCESSORY
DWELLING UNIT
38659222 38659222 872 N. Grand St. ADU 2208-260 ADU R
0 1 11/1/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
NEW 750 SF
DETACHED
ACCESSORY
DWELLING UNIT.
37541509 37541509 1121 N. Lincoln St. ADU 2210-233 ADU R 0 1 12/1/2022 1 0 0 N Y All ADUs assumed to have a level of afforability 0
CONVERT ATTACHED
3 CAR GARAGE INTO
NEW 677 SF
ACCESSORY
DWELLING UNIT.
39032215 39032215 1800 E. La Veta
Ave.
Orion/Riverside
Charitable CUP 3146-21 5+ R 59 106 1 3/11/2022
166
0 0 0 N Y HOME, RDA, CDLAC,
LIHTC, PBS8 DB 55 0 80.0% 8
Development
Standards
Modification
Yes
Monique Schwartz -
Orion/Riverside
Charitable 166 senior
affordable units.
378
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - 62 - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 27 2 82 - - - - - - - Above Moderate 1,588 - 1 50 - - - - - - - 51 1,537 3,936
27 3 194 - - - - - - - 224 3,712 5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
534 - - - - - - - - - - 534 Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
566
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
111 Moderate
1,067
604
677
Please contact HCD if your data is different than the material supplied here 62 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1,067
542
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 379
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-IncomeAbove Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/NonvacantDescription of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
380
Jurisdiction Orange
Reporting Year 2022 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1A - The City will identify and pursue potential financing sources, as well as identify and implement regulatory incentives and other in-kind technical assistance to non- profits, affordable housing developers and property owners for the rehabilitation/acquisition of multi-family properties for affordable housing which is subject to available funding sources annually. The City will work with property owners to determine the most appropriate method to maintain affordability of housing units through restriction and/or covenants and prioritize and target buildings that exhibit the highest levels of deferred maintenance.
Annually identify and pursue potential
funding sources, as well as adopt and
implement regulatory incentives and
technical assistance for property owners
and housing developers.
Annually outreach to property owners to
collaborate in preserving affordable units at-
risk of converting to market rate. The City
will outreach to property owners whose
deed restriction expires within the next
three years to discuss an agreement to
maintain the affordability of the units in
question with final decision by the property
owner.
Annually review identify and
pursue fundings sources and
additional incentives. Annually
conduct outreach to property
owners.
With the dissolution of Redevelopment Agencies throughout the State in 2011/2012, including the Orange Redevelopment Agency, the City can no longer provide financial assistance for acquisition/ rehabilitation projects in the same direct manner. Instead, dedicated staff has been available at no cost for tracking at-risk projects and engaging in discussions with multi-family property owners and potential owners seeking to maintain affordability.
In the recent past, the City Council authorized the execution of a joint exercise of powers agreement relating to the CSCDA Community Improvement Authority, and the formation of a public benefit agreement, approving the issuance of revenue bonds for financing, acquisition and construction of projects. The City will continue to utilize this tool. To preserve affordable housing, the City has partnered with property owners and developers to use and, as available subject to fund eligibility, will continue to use funding options including: California Debt Limit Allocation Committee (CDLAC) tax-exempt bonds, Local Housing Trust Fund (LHTF), Low-Income Housing Tax Credit (LIHTC) via the California Tax Credit Allocation Committee (CTCAC), Project Based Section 8 (PBS8), Redevelopment Agency (RDA) funds, Section 8 Annual Renewal Program, and Housing Assistance Payments (HAP) contracts. In 2022, the City also paid for a subsidy layering analysis, NEPA documentation, and project property purchase with the City as the long term leaseer thereby enabling a more-favorable grant ranking occurred for the affordable Katella Terrace Project. This project utilized$780,000 in HOME funds. Also in 2022, the City paid for a subsidy layering analysis and NEPA documentation for the affordable Villa St. Joseph project. This project utilized $651,244 in HOME funds, $576,000 in former Redevelopment Set Aside funds, and $372,756 in in-lieu fees. 1B - The City shall provide for regular monitoring of deed-restricted units that have the potential of converting to market-rate during the planning period. The City may provide technical assistance for owners of these units seeking funding and other opportunities to extend and/or renew deed restrictions and/or covenants. The City will assist in preserving at-risk units by, but not limited to, supporting non-profit applications for funding to purchase at-risk units, work with property owners to maintain affordability and develop preservation strategies, and assist with funding when available. The City will continue to comply with noticing requirements and coordinate with qualified entities to preserve at-risk units.
Coordinate with property owners in
identifying methods and funding sources to
maintain the affordability of units at-risk of
converting to market-rate.
Outreach and coordinate with
property owners annually, or
until affordability is maintained.
The City maintains an affordable housing project compliance spreadsheet which tracks projects nearing the end of their affordability covenant. This list is reviewed annually to identify property owners that the City needs to reach out to in advance to discuss options for extending the affordability. The following property is at-risk of converting to market-rate within the planning period:
• Three (3) units at Adams Triplex I (1837-1841 E. Adams) are identified as at-risk of converting to market rate units. These units are being preserved through the Section 8 Annual Renewal Program. The current contract runs through 2027. 10 Other projects with a combined 838 units that have expired affordability terms have been able to be preserved as affordable housing by the City through CSCDA Bonds, Housing Set-Aside Funds, Section 811, Section 8, CDBG funds, or by virtue of the City owning the property. Although terms have expired, City efforts have kept these units affordable. One of these projects, Casas Del Rio is set to expire in 2028 however, in 2023 Riverside Charitable, an affordable housing developer of an adjacent site, notified the City that they are purchasing the property and restructuring lending terms to include keeping the affordability agreement on the property for another 55 years.
The City will continue to assist in preserving at-risk units by, but not limited to, supporting non-profit applications for funding to purchase at-risk units, work with property owners to maintain affordability and develop preservation strategies, and assist with aforementioned funding options when available. The City will continue to comply with noticing requirements and coordinate with qualified entities to preserve at-risk units. Long-term solutions, including alternative funding options, are continually being sought for retention of all the City’s affordable housing stock.
1C - The City will conduct annual internal reviews of the planning and development review process. The City will look for opportunities to create efficiency in the review of residential projects to reduce the holding, development and labor costs assumed by the project applicant.
Annual review of the planning and
development review process.
Annual review; changes to be
made within six months, as
need identified.
The City already complies with State Density Bonus law which reduces project costs by increasing density, reduces any costs born of development standards through waivers and concessions, and reduces parking standards thereby increasing land area for housing.
In addition, the City recently implemented a small lot subdivision ordinance, is working on a transfer development ordinance, is working on objective design standards, and has target housing element sites allowing for greater than 60 units per acre with a density bonus.
Additionally, staff continues to look at all streamlining opportunities and will implement code updates as they are identified. All of these endeavors are anticipated to create processing efficiency and reduce development costs. In addition, as specified in the response to Policy 1A above, the City has funded affordablity gaps in two housing projects in 2022, paid for processing of NEPA documentation, the gap analysis, and dedicated staff time for the efforts. These efforts reduce costs and potentially save time for applicants. In addition, for the Katella Terrace project, City purchase of the property for conveyance back later saved the applicant holding costs while the City temporarily owned the property. 1D - The City will continue to address code violations and deferred maintenance issues on a case-by-case basis, as well as provide information and seek grant and other funding mechanisms on resources available for maintenance of existing neighborhoods.
Maintain informational material(s) on the
City’s website regarding code violations
and resources for maintenance of existing
neighborhoods.
Annually review the number and types of
code violations and identify additional
resources in areas demonstrating
additional need through an increase in
code enforcement cases year over year.
Maintain updated information
online throughout the Planning
Period and annually review
code violations.
The City maintains a database that tracks code complaints, types of complaints, locations of complaints, and disposition of complaints. In addition, when partnerships are enabled, the City dedicates staff to property maintenance activities for complainants unable to perform required upkeep. Staff is currently working to establish outreach to communities that are low-income, with outreach meetings to be held in Spanish in September of 2023. This outreach will result in neighborhood cleanup. Staff will be coordinating with Fair Housing and the County of Orange to participate so that the City is able to bring information on resources to these communities. Staff is also recommending a Home Improvement Program (HIP) to assist low-income families with HIP funding. If approved by the City Council, staff is striving to conduct 3-4 improvements in 2024. 1E - The City will continue to utilize the Public Works and Community Services Departments for the removal of graffiti and other deferred maintenance issues on public property, including sidewalks, parks, bus shelters signs and other structures adjacent to the public right-of-way, to enhance the quality of Orange’s residential neighborhoods.
Maintain informational material(s) on the
City’s website regarding City resources for
public property maintenance.
Annually review City-provided resources
for graffiti and other deferred maintenance
issues on public property, and if issues
increase, identify and implement solutions
and/or adopt new programs, including, but
not limited to, changes to landscaping and
streetscape, outreach to local residents or
businesses, or increased security
presence.
Maintain updated information
online throughout the Planning
Period; Annually review
resources and implement new
solutions or adopt new
programs if additional issues
arise.
The Public Works Field Service Division maintains information on public property maintenance reporting resources at the following link: https://www.cityoforange.org/our-city/departments/public-works/field-services-division The City's Public Works and Community Services Departments continue to maintain public property and address deferred maintenance issues, including on sidewalks, parks, bus shelters and signs. City staff strives to remove graffiti within 48 business hours. In 2022, City staff removed 90,000 square feet of graffiti from public right-of-way. 1F - The City places high priority to the conservation, preservation and enhancement of the City’s historic residential neighborhoods. The City will continue to implement the goals and objectives contained in the Cultural Resources and Historic Preservation Element of the General Plan, the Historic Preservation Design Standards for Old Towne, and the Orange Eichler Design Standards to promote the continued quality of the City’s historic residential resources and maintenance of the City’s existing housing stock. In addition, the City will continue to promote the Mills Act Program and create public information and outreach materials.
Promote informational materials on
historical preservation and the Mills Act
Program on the City’s website and at City
Hall. Provide materials at community
outreach events.
Maintain updated information
online throughout the Planning
Period.
Information regarding historic preservation and the Mills Act Program is located on our website through this link:
https://www.cityoforange.org/residents/historic-preservation In 2022 the City distributed materials at our annual Treats in the Streets event. Staff created a Historic Property Construction Acknowledgement Form, which requires applicants to sign prior to the issuance of building permits to help deter unpermitted alterations to historic resources. Additionally, the City standardized the process for the rehabilitation of deteriorated historic accessory structures occurring from garage conversions into ADUs, which includes step by step documentation of the rehabilitation process. Staff also created a Mills Act Pre-Approval Inspection template for internal use only to help in the process of Mills Act inspections.
The City continues to incentivize preserving historic residential structures through our Mills Act program and enforcement of the Old Towne Design Standards and Eichler Design Standards for projects located within established historic districts. In 2022, the City approved and recorded 15 new Mills Act Contracts. In order to encourage expansion of this program, the City currently does not limit the number of annual Mills Act applications.
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
381
2A - The City will continue to conduct an annual implementation review of the Housing Element consistent with HCD’s annual reporting requirements.
The review includes the following information: a log of new residential development permits and completion reports; inventory of units built in the Extremely Low-, Very Low- and Low-Income categories, an update or inventory of approved projects; an annual estimate of population from the State Department of Finance; and available vacant land and zoning survey.
Annually complete and submit the Annual
Progress Report (APR) to HCD. Assess
the Housing Element sites and programs
every two years and, as needed, make
revisions.
Annually complete and submit
the City’s APR and adopt
changes to the Housing
Element sites and programs as
necessary every two years if
development does not occur as
detailed within this Housing
Element.
The City is herewithin submitting the APR. The Housing Element is diligently being pursued for certification and every effort is being made to ensure development can occur per the element's specified structure. 2B - The City recognizes the need for housing affordable to all income segments of the population, especially Lower-Income households. The City will continue to support and encourage the development of housing affordable to Lower-Income households through incentives such as density bonuses. Additionally, the City will continue to outreach to the development community, seek partnerships and provide in-kind assistance in developing new affordable housing.
Annually outreach to and meet with the
development community to promote the
development of affordable housing and
seek partnerships. The City has
established a goal to develop 65 affordable
housing units through partnerships and
outreach.
Annually outreach to and meet
with the development
community with target goal to
develop 65 new affordable
housing units over the 6th
cycle.
Through the course of 2022, the City has engaged with a number of developers regarding our affordable housing goals. These include the developers of Katella Terrace, Sisters of St. Joseph, and Valencia Garden, whereby the City provided direct and indirect funding for advancement of these 100% affordable projects. Additionally, the City is processing three developer remedy applications with affordable components. The City maintained regular communication with our local CHDO, Orange Housing Development Corporation.
Furthermore, the City processed an application with Orion/Riverside Charitable for the construction of senior affordable units.
Staff regularly meets with developers inquiring about projects with affordable components at no cost.
The City anticipates exceedance of this 65 unit goal early in the RHNA cycle. 2C - The City will continue to encourage the development of rental and for- sale housing for larger (5 or more persons) families through outreach to private and non-profit housing developers. The City will support developers/builders that incorporate larger bedroom counts (3 or more bedrooms) to accommodate the needs of larger families and reduce incidents of overcrowding in the existing housing stock. The City will identify and adopt regulatory incentives, such as density bonuses, that encourage and support the development of housing for large families.
Annually outreach to and meet with the
development community to promote the
development of units for large families and
receive feedback on potential constraints
or resources.
Promote density bonuses to encourage
and support the development of housing
for large families.
Identify and adopt regulatory incentives to
encourage and support the development of
housing for large families.
Annually outreach and meet
with the development
community; promote density
bonuses on a project-by-project
basis; identify and adopt
regulatory incentives by
December 2024.
Table A2 shows 2022 activity for completed construction, initiated construction, entitled projects and, projects anticipated to begin construction in 2023. Of the projects listed in Table A2, with the exception of the age-qualified projects and accessory dwelling units, all projects include floor plans that may facilitate large families in the unit mix. Specifically, the Corp Yard/Valencia Garden affordable housing project consists of several 3 bedroom units, as does the Fairfield/Vita project. The Tripointe project has up to 4 bedroom units that may accommodate larger family sizes, particularly in the workforce household category. The City accommodates the density bonus statute when requested by the development community when affordable housing is a project component, however, not all projects need to utilize density bonus provisions.
2D - The City recognizes the unique needs of its elderly residents and will continue to encourage, through regulatory incentives, the development of senior housing that offers a wide range of housing choices from independent living to assisted living with on-site services and memory care facilities. The City shall analyze the existing provisions in the Zoning Code and then identity and implement additional ability for regulatory relief.
Annually outreach to and meet with the
development community to promote the
development of senior housing and receive
feedback on potential constraints or
resources.
Annually outreach and meet
with the development
community; evaluate the Zoning
Code for potential amendments
by December 2023 and adopt
by June 2024.
Staff continues to maintain close contact with our CHDO, Orange Housing Development Corporation and consistently meets with any developers inquiring about sites and provides advice, guidance, funding options, and any optioins for City staff assistance/project streamlining. Staff dedicated to housing remain available for technical consolation on any infill development proposals. Initial assistance is always at no cost to developers. Staff regularly advertises that senior housing is permitted “by right” in all Residential and Mixed Use Zoning districts. In addition, staff informs developers that the City utilizes State Law and OMC Chapter 17.15 to accommodate density bonuses and other incentives for Senior Housing. Staff also regularly notifies the development community that Senior housing is also permitted, subject to Conditional Use Permit approval within commercial zones. The Commercial Code includes development standards (Urban Mixed Use zoning standards) designed to encourage and facilitate infill senior housing development close to goods and services. Zoning code amendments such as the recent update to the City's fence and wall ordinance and the small lot subdivision ordinance will continue to improve development opportunities for sites. Staff looks for code streamlining opportunities at the time each code amendment is pursued. In 2023, it is anticipated that the City will adopt objective design standards and a transfer of development rights ordinance, which should further enhance senior housing development opportunities.
In 2022 City processing of Senior Housing projects include the following:
Sunrise Senior Living and Memory Care received final inspection. This project includes 93 units, and 120 beds.
The Orion/Riverside Charitable project received entitlements for 166 affordable senior units.
Katella Terrace, a 74 affordable senior unit project continued to undergo City support for funding and NEPA documentation.
Villa St. Joseph Apartments, a 50 unit affordable project, received City support for funding and NEPA documentation. Although the project is not exclusively for seniors, it is anticipated that several tenants will be senior-aged.
La Linda Apartments, a 52 unit senior adaptive reuse project received several City reviews and staff anticipates that entitlements may occur in 2023. 2E - The City will encourage infill development within feasible development sites for homeownership and rental units. The City will continue to facilitate infill development through implementation of its General Plan and Zoning Code, allowing for higher density housing in appropriate areas of the City where potential exists for infill or site redevelopment and employment and transit are concentrated. The City will also encourage compatible residential development integrated into existing neighborhoods and districts where appropriate.
Within 12 months of adoption of the
Housing Element, the City shall evaluate
the existing provisions in the Zoning Code
for feasibility of providing additional
regulatory relief (i.e., streamlined review,
reduced and objective development
standards, lot consolidation, and other
methods deemed appropriate) to further
encourage infill housing development.
Identify and adopt an inventory of potential
infill sites utilizing the site analysis found in
Appendix B of the Housing Element.
Seek partnerships with and provide
informational material including a copy of
the inventory and listing of City incentives
and programs to housing developers.
Monitor the development of infill candidate
housing sites as it relates to the provision
of housing affordable to lower-income
households. If development does not occur
as projected, the City will identify and adopt
new incentives, actions, or additional sites
to continue maintain compliance with
Housing Element requirements for RHNA.
Evaluate the Zoning Code by
December 2023, and monitor
and review candidate housing
infill sites annually. Identify and
adopt changes within 6 months
of identifying a gap between
projections and actual
development occurring.
The City of Orange is built out. Hence, nearly all new units in the city are infill construction. The City is in the process of finalizing housing infill sites with HCD for accomplishing a certified Housing Element. The selected sites demonstrate the City's ability to accommodate our RHNA allocation within the 6th Cycle. A surplus of sites has been designed to ensure housing at all income levels can be provided. The City is also in pursuit of transfer development rights and objective design standards ordinances with which the City seeks to facilitate momentum of housing development. The City is also currently working on an ADU ordinance update to further the already steady pace of ADU applications.
In 2022, the City issued a total of 1,762 residential building permits. Finaled building permits for new residential units totaled 1,060 of which 652 units were multi-family, 353 units were single family attached, 54 units were accessory dwelling units, and only one was single family detached. Several more residential unit building permits were issued but not yet finaled in 2022, particularly permits for accessory dwelling units. Please see Table A2 for a complete list of projects that received final building inspection, had building permits issued, and were entitled in 2022. Also, as reflected in Table A1, the City received 112 ADU applications in 2022. There are also 380 entitled multi-family units that have not submitted for plan check. Those projects remain entitled pursuant to AB 1561 and include:
Orange Collection - 213 units at 600 City Parkway West
Terrace Apartments - 167 units at 200 City Boulevard West The City maintains a map highlighting properties that are identified in the Housing Element as "housing opportunity sites". The map will be updated with the housing sites identified in Appendix B of the Housing Element at the time HCD certifies the City Housing Element. The map is available to housing developers via the City's website at the following link:
https://cityoforange.maps.arcgis.com/apps/webappviewer/index.html?id=1dd0d2cee359446998093f5da7c81770 The City continues to display the General Plan Housing Element on the City website and Appendix B of the element includes the Candidate Sites in map and table format. The Housing Element is located at the following link:
https://www.cityoforange.org/home/showdocument?id=4137&t=638119648106848609 Staff dedicated to housing remain available for technical consolation on any infill development proposals. Initial assistance is always at no cost to developers. 382
2F - The City will continue to use federal HOME Investment Partnerships Program (HOME) and Community Development Block Grant Program (CDBG) funds and pursue alternative funding and financing sources such as public-private partnerships in order to maximize the opportunities for new housing development.
Seek out and pursue funding opportunities
for new housing development.
Annually seek for and explore
funding opportunities.
The City’s only remaining funding sources for housing development are very limited and include Federal HOME Investment Partnerships (HOME) funds and Low and Moderate Income Housing Asset Funds (LMIHAF) which are program income from former Orange Redevelopment Agency Housing Set-Aside funds. However, the City continues to explore grant opportunities to fund projects. The City has retained a consultant to guide staff on the viability of various grants offered through OCCOG, SCAG, transportation agencies, and the State. No viable grant opportunities were identified in 2022 along with potential housing projects but staff shall continue to research opportunities in 2023.
In 2022 the City used its HOME and LMIHAF funds for the following projects:
- Villa St. Joseph - $651,244 in HOME, $576,000 in former Redevelopment Set-Aside, and $372,756 in in-lieu fees - Katella terrace - $780,000 in HOME Funds
Additionally, to keep their costs low, the City paid for the Subsidy Layering Analysis and NEPA required by HUD for both projects.
In 2022 the City used its CDBG funds for projects supporting programs that include street improvements, handicap accessibility improvements, after-school programs, transitional housing, and supportive services in disadvantaged areas of the City. In future years, the City intends to allocate funds supporting home rehabilitation in disadvantaged neighborhoods.
In 2022 the City used SB2 and LEAP funds for projects that don't directly fund housing development but will lead to streamlining or accommodating future development. These projects included a small lot subdivision ordinance, transfer development rights ordinance, North Tustin Street Specific Plan (NTSSP), and objective design standards. Of these projects, only the small lot subdivision ordinance completed. The NTSSP was cancelled but laid groundwork for any future plans. The other projects are anticipated to be completed in 2024.
2G - Section 3.J.6 of the City's Housing Element lists resources and qualified entities to preserve affordable units at risk of converting to market- rate. The City will continue to seek qualified non-profit organizations for acquisition, construction and rehabilitation of affordable housing. Funds will be made available on an annual basis, contingent on funding availability.
Partner with non-profit organizations for
future affordable housing development and
preservation of at-risk units.
Promote available funding opportunities.
Annually outreach to non-profit
organizations and annually
maintain updated funding
opportunities on the City’s
website.
The City maintains an affordable housing project compliance spreadsheet which tracks projects nearing the end of their affordability covenant. This list is reviewed annually to identify property owners that the City needs to reach out to in advance to discuss options for extending the affordability. The following project with covenants will expire in the 2021-2029 planning period.
Three (3) units at Adams Triplex I (1837-1841 E. Adams) are identified as at-risk of converting to market rate units. These units are being preserved through the Section 8 Annual Renewal Program. The current contract runs through 2027. 10 Other projects with a combined 838 units that have expired affordability terms have been able to be preserved as affordable housing by the City through CSCDA Bonds, Housing Set-Aside Funds, Section 811, Section 8, CDBG funds, or by virtue of the City owning the property. Although terms have expired, City efforts have kept these units affordable. One of these projects, Casas Del Rio is set to expire in 2028 however, in 2023 the Riverside Charitable affordable housing developer of an adjacent site notified the City that they are purchasing the property and restructuring the affordability agreement on the property for another 55 years.
In 2022 the City provided 3 surplus, single family residential properties with historic homes on them to homeaid Orange County to create a multigenerational affordable housing community that both families and seniors experiencing homelessness can reside within. As part of the project homeaid will renovate the homes and add Accessory Dwelling Units to each property to expand the resident capacity.
The City will continue to assist in preserving at-risk units by, but not limited to, supporting non-profit applications for funding to purchase at-risk units, work with property owners to maintain affordability and develop preservation strategies, and assist with aforementioned funding options when available. The City will continue to comply with noticing requirements and coordinate with qualified entities to preserve at-risk units. Long-term solutions, including alternative funding options, are continually being sought for retention of all the City’s affordable housing stock.
2H - The City will continue to require non-residential and mixed use projects in the Urban Mixed Use (UMU) zoning districts only be approved when a finding can be made that the project will not reduce UMU-zoned land available for residential development such that the City can no longer accommodate its remaining RHNA need. The City will continue to track the availability of UMU-zoned sites greater than one half-acre in size through its RHNA Housing Sites Monitoring System.
Annually track development in the UMU
zone and availability of sites.
Annually track non-residential
and mixed-use development
and availability of sites to
maintain the City’s ability to
accommodate the remaining
RHNA.
The City adopted the Orange General Plan update in March 2010. Approximately 426 acres are General Planned Urban Mixed Use (UMU). Mixed Use Zoning was adopted in July 2011. To date, 366 acres have been zoned Urban Mixed Use. This includes the West Katella Avenue Corridor rezoning completed in September 2019. The Urban Mixed Use zone allows for 30 to 60 dwelling units per acre, thus providing opportunities for development of affordable housing. In order to approve Non-residential and mixed use projects in Urban Mixed Use zones, the decision-making body must first make the finding that the project will not reduce the amount of land available with Urban Mixed Use zoning such that the City's RHNA goals cannot be met. A RHNA Sites Monitoring Database has been established and is being consulted and maintained by City staff as development occurs.
No non-residential new development occurred in the UMU zoning districts in 2022. 2I - The City will coordinate with Chapman University to respond to the housing needs of the growing student population and challenges relating to integration of student-oriented housing in existing residential neighborhoods. As part of this effort, the City will encourage development of on-campus housing through the University’s campus master planning process.
Work with the Chapman University to
undertake activities that may include, but
are not limited to, surveying students to
understand off-campus housing needs,
identifying appropriate locations for and
types of off-campus student housing, and
establishing policies and procedures to
address any issues with neighborhood
integration.
Annually coordinate with
Chapman University.
The City continues to engage in ongoing discussions and efforts with Chapman University to develop more on-site housing for its students. In 2022, the City did not receive an application from Chapman University for development of additional student housing. Review of the Chapman University Specific Plan Amendment #7 was placed on hold by the University. The amendment proposes a provision to house 50% of students in on-campus housing. The City anticipates working with the University on an update to the Chapman University Specific Plan within this housing cycle to plan for expansion of future student housing capacity with enrollment growth. 2J - The City of Orange will continue to permit construction of accessory dwelling units consistent with State law. The City has incorporated new legislation regarding ADU development into the Municipal Code and will continue to make updates to the City’s Municipal Code to reflect new State laws as required.
The City will develop an informational packet to be available to the public at City Hall. The packet will include processes and key information regarding ADU development opportunities. The City will continue to work with property owners who come forward with interest in developing ADUs and/or questions regarding ADUs.
Update Municipal Code to permit ADUs
and JADUs in all zones which allow
residential uses and update Section
17.13.030 Permitted Uses table to clarify
where ADUs and JADUs are permitted in
compliance with State law.
Program feasibility analyzed
within one year, with one
additional year for
implementation
The City continues to permit ADUs and JADUs pursuant to State law. In 2022, the City received 112 ADU/JADU applications, issued 83 building permits, and finaled 54 building permits.
In 2022, the City began working on an update to its ADU ordinance to be responsive to HCD comments and to implement consistency with the revised 2023 statute. An updated ordinance will be presented to the City Council in 2023.
In 2022, the City created an ADU and JADU information packet for ministerial review. The application includes a submittal checklist, plan checklist, guides and tables, and a question and answer section. The application is located at the following link:
https://www.cityoforange.org/home/showpublisheddocument/246/637958161181630000 In 2022, the City also created a graphic display of ADU and JADU examples. The City is working to update the examples to reflect the updated 2023 ADU statute. 2K - The City will create a monitoring program to track ADU creation by RHNA affordability levels throughout the planning period. This will allow the City to monitor the development of accessory units at all income levels in relation to the anticipated development within the Housing Element.
Additionally, the City will conduct an evaluation of ADU development within 2 years of the adoption of the 6th cycle Housing Element. If ADU development falls below what was assumed in the Housing Element, the City will take action within 6 months of completion of the ADU review to ensure that adequate capacity at each income level in maintained to meet the City’s RHNA needs.
Create a monitoring program to track ADU
creation by RHNA affordability levels
throughout the planning period.
Adopt Monitoring Program by
December 2023, review
conducted every two years
during the planning period
The City is monitoring ADU creation. All ADUs are assumed to have a level of affordablity. However, starting at the end of 2022, the City began issuing a survey form to all ADU applicants to complete prior to building permit issuance with the applicant's estimate of rental affordability for the ADU or JADU. A complete picture of the assimilated data is anticipated for 2023 reporting due to implementing the program part way through 2022.
The City is on track to meet ADU development assumptions in the Housing Element submitted to HCD. In 2022, the City received 112 ADU/JADU applications, issued 83 building permits, and finaled 54 building permits. 2L - Pursuant to State Housing law, candidate sites identified in this Housing Element to accommodate a portion of the City’s low- and very low - income RHNA that were identified in previously adopted Housing Elements must be rezoned to allow residential use by right at specified densities for housing developments in which at least 20 percent of the units are affordable to lower income households. By right shall mean the jurisdiction may not require any of the following discretionary actions, except if the project requires a subdivision:
A conditional use permit
A planned unit development permit
Other discretionary, local-government review or approval that would constitute a “project” as defined in Section 21100 of the Public Resources Code (California Environmental Quality Act “CEQA”).
The City may impose objective design
review standards on projects. The City
has identified as part of this Housing
Element update vacant and nonvacant
sites that were used in previous Housing
Elements to meet the current RHNA need.
To accommodate the provisions of State
law, the City shall streamline development
review for projects on all nonvacant sites
included in a prior Housing Element and all
vacant sites included in two or more
consecutive planning periods that meet the
requirements of State housing law. These
sites are identified in Appendix B.
By December 2024. No projects were submitted in 2022 on any nonvacant sites included in a prior Housing Element or any vacant site included in two or more consecutive planner periods which met the affordability requirements of State housing law.
In 2022 the City began working on objective design standards. Completion of the objective design standards will occur in 2023 to facilitate ministerial approval of qualifying projects. 383
2M - The City recognizes the importance of supporting the development of housing for low and extremely low income households. While the City is not a developer, it is a primary goal of the Housing Element to support developers and increase the feasibility of development of housing for extremely low and low income households. Actions for this program include the following:
The City will adopt a program to subsidize application processing fees, when funding is available, for qualifying developments where all units affordable to 80% AMI or lower. The City recognizes the importance of supporting the development of housing for low and extremely low income households. While the City is not a developer, it is a primary goal of the Housing Element to support developers and increase the feasibility of development of housing for extremely low and low income households.
Actions for this program include the following:
The City will adopt a program to subsidize application processing fees, when funding is available, for qualifying developments where all units affordable to 80% AMI or lower.
Promote the benefits of this program to the development community by posting information on its webpage and creating a handout to be distributed with land development applications.
The City will annually invite nonprofit developers to discuss the city’s plans, resources, development opportunities, and requests-for-quotes.
The City will assist in the application for state and federal financial resources.
Promote the development of 535 units for extremely low income housing units throughout the planning period.
The City will adopt a program to subsidize
application processing fees, when funding
is available, for qualifying developments
where all units affordable to 80% AMI or
lower.
Promote the benefits of this program to the
development community by posting
information on its webpage and creating a
handout to be distributed with land
development applications.
The City will annually invite nonprofit
developers to discuss the city’s plans,
resources, development opportunities, and
requests-for-quotes.
The City will assist in the application for
state and federal financial resources.
Promote the development of 535 units for
extremely low income housing units
throughout the planning period.
By December 2023; annually
promote benefits of this
program.
The City did not formalize a program to subsidize application processing fees in 2022. Progress towards this goal shall occur as soon as funding and qualifying projects are identified. However, in 2022 alone, the City has assisted qualifying developments with other direct financial assistance as stated in the responses for Policy Action/Programs 1A, 2B, 2D, and 2F. This assistance includes paying for subsidy layering analysis, NEPA documentation, purchase of project property with the City as the long term leasor, HOME funds, Low and Moderate Income Housing Asset Funds (LMIHAF), and donation of property. Additionally, the City continues to explore grant opportunities to fund projects. The City has retained a consultant to guide staff on the viability of various grants offered through OCCOG, SCAG, transportation agencies, and the State. No grants that the City could be competitive for under the grant parameters were identified in 2022 but efforts will again continue in 2023.
In 2022, the City discussed available HOME and LMHAF funds with OHCD, the City's local CHDO and discussed the potential for additional housing sites. Additionally, the City entered into an agreement with homeaid Orange County for City conveyance of three properties with historic dwelling on them. Homeaid will repair and maintain the properties and build ADUs on each property for housing persons experiencing homelessness. In 2023, the City will endeavor to expand our outreach to the greater development community for discussions of affordable housing possibilities.
The City has assisted several projects with TEFRA public hearings and will continue to do so at the City's cost for all applicable future projects. As stated above, the City utilizes HOME funds as a financial resource for projects and will continue to seek out additional grants that can be leveraged. CDLAC, LHTF, LIHTC, PBS8, RDA, and City fee deferrals are additional financing tools that the City has supported use of in past projects. The City will continue to support the use of these financing tools, along with any other options.
With several 100% affordable projects in the pipeline including, Katella Terrace (74 units), Villa St. Joseph (50 units), Orion/Riverside Charitable (166 units), Valencia Garden (62 units), and homeaid Orange County (6 units) the City will be significantly through accomplishing the housing unit goals of this policy during the planning period. 3A - The City shall continue to provide the public information related to the development of housing through the continued promotion of educational materials. The information may describe incentives in the Orange Municipal Code that support the development of affordable housing and how the provisions of affordable housing benefits the community. This may take the form of community newsletter articles, information posted on the City’s website that is available to the public, and staff available to respond to inquiries.
Annually outreach to the community with
information on affordable housing
development.
Maintain updated information
online and annually outreach to
the community.
In 2022 the City continued to engage the public on the City's draft Housing Element Update. Public comments have been considered in Housing Element now being considered by HCD. Public notification occurred online and via newspaper advertising. Public participation will continue to occur through HCD approval of a final certified Housing Element. The City will continue to include the General Plan Housing Element on the City website and the element includes a Housing Needs Assessment for several focus areas of the City. The focus areas include maps identifying specific parcels that have the potential for redevelopment with housing units.
In 2022, the City continued to display all new entitlement applications, including for affordable housing projects, in tabular and map form on the City website at the following links:
https://www.cityoforange.org/home/showpublisheddocument/4169/638191378652112096 https://cityoforange.maps.arcgis.com/apps/instant/sidebar/index.html?appid=041067bba8fc4f28898aff89b95cf3b1 In addition, the City continued to maintain an Affordable Housing Map, Find Compliant Affordable Housing Link, and list of site available as housing development opportunities at the following Housing Division link:
https://www.cityoforange.org/our-city/departments/community-development/housing At the above link the community may also find information about the City's housing programs, HUD programs, information about our Housing Successor Agency, Housing and HUD Documents, and an Affordable Housing Resource Toolkit.
Additionally, the City developed and posted maps highlighting properties that are identified in the Housing Element as "housing opportunity sites". Many of these sites have been developed as infill projects but several remain available. The maps are available to housing developers via the City's website at the following link:
https://cityoforange.maps.arcgis.com/apps/webappviewer/index.html?id=1dd0d2cee359446998093f5da7c81770 Going forward, the City will look to expand affordable housing outreach to the community via providing handouts at community events and look for presentation opportunities with organizations supporting target populations at-risk of homelessness. 3B - Pursuant to Chapter 727, Statues of 2005 (SB 1087), the City of Orange is required to deliver its adopted Housing Element and any amendments thereto to local water and sewer service providers, including the City’s own water provider services, Metropolitan Water District (MWD) and the Orange County Sanitation District (OCSD). This legislation allows for coordination between the City and water and sewer providers when considering approval of new residential projects.
Additionally, cooperation with local service providers will support the prioritization of water and sewer services for future residential development, including units affordable to lower-income households. The City will submit the adopted Housing Element to local water and sewer service providers for their review and consideration when reviewing new residential projects.
Deliver the adopted Housing Element to
local water and sewer service providers.
Immediately upon adoption of
the 6th Cycle Housing Element
In 2022, the City did not yet have a HCD certified Housing Element. Upon certification the City will provide the adopted Housing Element to local water and sewer service providers. 3C - SB 1035 requires that the City, after the initial revision of the Safety Element to identify flood hazards and address the risk of fire in certain lands upon each revision of the Housing Element, review and, if necessary, revise the Safety Element to identify new information relating to flood and fire hazards that was not previously available during the previous revision of the Safety Element. The City is currently in the process of revising the Safety Element and will take the document to City Council for adoption within 12 months of adoption of the 6th Cycle Housing Element.
SB 1000 (2018) requires that the City include an environmental justice component to the General Plan during the 6th Cycle update of the City’s Housing Element. The City is currently planning to perform a review of the existing General Plan to determine where environmental justice is currently addressed and where additional language is needed within the appropriate elements. The City will modify the General Plan to include additional Environmental Justice policies within 24 months of adoption of the 6th Cycle Housing Element.
Update the Safety and Environmental
Justice Elements.
Safety Element Update by June
2024, Environmental Justice
policy update by June 2024
The City neared completion of a Safety Element draft in 2022. In 2023, subsequent to Housing Element certification, the City will transmit the Safety Element draft to CalFire for courtesy review prior to submitting the element to the Board of Forestry for acceptance.
Subsequently, the element will be provided to the City Council for adoption.
The General Plan has environmental justice policies throughout all elements. However, staff is currently planning to perform a review of the existing General Plan to determine where environmental justice needs may be bolstered with additional language in appropriate elements. The City is anticipated to begin research of General Plan environmental justice needs in 2023. 3D - The City has hosted workshops and public meetings throughout the 2021-2029 Housing Element Update to gather public input and feedback as it relates to development of and access to housing. The City will extend outreach efforts throughout the planning period to continue gathering community input on, but not limited to, affordable housing, housing for special needs populations, and ADUs. The continued outreach will be City- wide with a focus on traditionally under-represented communities.
Annually outreach and host a community
meeting to discuss housing
A minimum of one meeting held
annually
In 2022, the City did not yet have a HCD certified Housing Element. However, the City did have community meetings and performed outreach for public participation in the formulation of the Council-approved Housing Element. As such, the City's 2022 goal was fulfilled. Upon certification the City will begin outreach and hosting to discuss these policy action item topics.
Additionally, in 2022, public outreach and participation occurred for the City's Annual Action Plan where several of this policy's subject goals were identified. 384
3E - In order to ensure the maintenance, preservation, and improvement of housing throughout the City, an estimate of the number of units in need of rehabilitation is necessary.
Yearly implement and assess a survey of
the City’s housing stock to identify potential
rehabilitation needs. Based on the results,
the City shall adopt additional policy
actions such as, but not limited to,
promoting funding opportunities and
community outreach and education on
available resources.
Survey conducted annually;
potential follow-up policy
actions to be adopted and
implemented within 6 months of
identifying a need
Code Enforcement staff continue to partner with the Orange Police Department on annual programs addressing areas where housing conditions and deferred maintenance are of concern. In 2022, 442 cases specifically involving property maintenance on private property were opened. In 2022, 928 code enforcement cases were opened and 942 cases were closed, not including fire or public right-of-way cases.
Staff is working initiate outreach to communities that are low-income, with outreach meetings to be held in Spanish in September of 2023. The outreach will result in neighborhood cleanup activities. Staff will be coordinating with Fair Housing and the County for participation in bringing information on resources to these communities.
In 2024, staff intends to request Council authorization to implement a Home Improvement Program (HIP) to assist low-income families with HIP funding. Initially funds are anticipated to be available to 3-4 families.
Staff will continue to seek private partnerships and grant opportunities to enable additional housing stock rehabilitation. 4A - Pursuant to AB 686, the City will AFFH by taking meaningful actions in addition to resisting discrimination, that overcomes patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristic.
The HE contains analysis of regional and local contributing factors to fair housing issues within Orange and determined the following factors were applicable:
Educational Opportunities: Countywide, there are disparities across racial/ethnic groups in access to educational opportunities as measured by the index. The City of Orange showed lower scores in educational opportunity, low composite education index scores signify low opportunity and resources.
Environmental Opportunities: Countywide, there are disparities across racial/ethnic groups in access to environmental opportunities, measured as lower exposure to and effects from pollution. Across all tracts in the County, non-Hispanic Whites exhibit the highest access to environmentally healthy neighborhoods. Orange City is one of the least environmentally healthy, with low scores for the environmental opportunity index, signifying low opportunity and resources.
Economic Opportunities: In the County, there are significant disparities in access to economic opportunity. Non-Hispanic White residents have the greatest access. The City of Orange has relatively large disparities by protected class groups, where Hispanic residents have significantly lower access to economic opportunity than other racial/ethnic groups.
Regional Opportunity, Place: The City of Orange has two census tracts which have low resources and are considered low access to opportunities for upward mobility of residents. These areas have low opportunity for housing and civic life resources. These census tracts do not provide appropriate or sufficient housing access for current residents and therefore create fair housing barriers.
Please see Housing Element Table 4-1:
AFFH Actions on page 205 of the Housing
Element at the below link:
https://www.cityoforange.org/home/showdo
cument?id=4137&t=638119648106848609
Monitor individual actions and
timeframes annually
Housing Mobility - Educational Opportunities
The City has little involvement in OUSD operations. However, utilizing CDBG funds, the City funded after school programs in partnership with the Youth Center of Orange at two park sites for children with less educational opportunity and funded the Assistance League of Orange with Operation School Bell which provides clothing and school supplies to underpriviledged children. The Assistance League assisted 425 children and Operation School Bell assisted 128 children in 2022.
For FY 2023-24 the City is funding a wellness center with CDBG funds to assist children in underperforming schools which correlates to neighborhoods with low opportunity and resource scores.
The City's CDBG Committee and City Council annually consider community input prior to awarding distribution of CDBG funds for assistance programs.
Housing Choice and Affordability in Areas of Opportunity The City is working to accomplish a Transfer of Development Rights Ordinance in 2023. Once completed, promotional materials will be distributed via the City's social media and to targeted populations in manners necessary to achieve viable furthering of affordable development.
No work was conducted in 2022 on amending the City's Density Bonus Ordinance. However, where the Orange Municipal Code is silent or in conflict with the statute, the City always reverts to the statute. Work on an ordinance amendment is anticipated in 2024.
A Small Lot Subdivision Ordinance was completed in 2021 and staff promotes the ordinance to housing developers as an alternative development option. One small lot subdivision development project is currently in application review.
Place-Based Strategies- Conservation and Revitalization Note the activities under Housing Mobility - Educational Opportunities above. Additionally, the City’s Library also offers free lunches through the Summer Food Service Program administered by the California Department of Education for children and teens under the age of 18. The Library also offers a Homework Center for children and teens. The City will continue to provide these programs (contingent on funding availability) to the community which benefit community assets and promote equitable access to community resources.
In 2022, the City continued to pursue completion of the last leg of the Santiago Creek Trail which provides greater non-motorized mobility options between urbanized areas of the City's south and western reaches and East Orange where there are greater open space recreational opportunities. The City will continue to monitor additional funding environmental and sustainable transportation opportunities.
The City Council consists of council members voted in by districts that have similar numbers of low resource residents. Additionally, in early 2023, the City expanded membership on its boards and commissions from 5 to 7 members. Although these members are not from low resource areas of the City, they do represent the technical qualifications as quantified by the Mayor and City Council for the duties performed. However, the expansion of the members leads to greater abilities to include target area members in the planning period.
In 2022, the City did not specifically target civic engagement meetings with underrepresented communities with a special meeting. This will be a targeted effort subsequent to HCD certification of the City's Housing Element. The community, including underrepresented community members continue to have the ability to engage with their elected and appointed officials at each meeting.
In 2022, the City did not yet provide Spanish language translation services and virtual broadcasting and participation for public meetings. Further discussion for how to accomplish this metric will occur in the planning period.
Protection from Displacement
The City’s Economic Development staff is the point of contact for small and large business owners and plays a role in facilitating City department coordination and processes. This organization has been successful and the City will continue to function in this role during the planning period.
The City’s Economic Development staff have a very interactive relationship with the Chamber of Commerce and local businesses. The City will establish a small business outreach program with the Chamber of Commerce subsequent to HCD certification of the City's Housing Element.
In 2022, the City continued to maintain a Business Resources page on the website here: https://www.cityoforange.org/business/business-resources This page will be further developed during the planning period to assist small businesses.
The City continued to fund the Fair Housing Foundation in 2022 with CDBG funds. 4B - The City will continue to support local and inter-jurisdictional efforts to reduce temporary and chronic homelessness. The City shall continue to promote a comprehensive approach to addressing homelessness consistent with the Continuum of Care model. Additionally the City provides support for the Navigation Centers in Buena Park and Placentia in the form of financial assistance for operations.
Coordinate with 2-1-1 Orange County, non-
profit entities, the Orange County Housing
Authority and other applicable government
agencies to provide a range of services
and housing opportunities for homeless
persons in Orange.
Annually coordinate with local
organizations and entities.
In 2022, the City continued to fund a collaboration with a number of neighboring Orange County cities, the City of Orange participates in the North Services Planning Area (SPA) partnership. The North SPA Partnership is a joint collaboration that includes two full-service Navigation Centers to provide help to the region’s homeless – the Buena Park Center and the Placentia Center will provide homeless individuals a total of 250 beds, health resources, job skill training, and the ability to reconnect with lost family. These facilities join the two shelters already built by the City of Anaheim, which house another 326 beds. In addition to participating in the North SPA, Orange has undertaken several other initiatives over the past few years to address local homelessness issue; including partnering with HomeAid of Orange County to develop the Orange Family Care Center. The Orange Family Care Center specializes in serving the needs of families who are experiencing homelessness and has over 55 beds.
The Orange Police Department’s Homeless Engagement, Assistance & Resource Team (HEART) program has been operating since 2013. HEART Officers engage daily with local homeless individuals, working with them one-on-one to help facilitate their re-entry back into mainstream society. The Police Department also assists in providing resources and assistance through collaborations with local community organizations and agencies.
Starting in June 2022, the City set up a new hub of homelessness services. “The HUB OC” oversees continuum of care services on behalf of the City of Orange and manages rental facilities including meals, laundry machines, portable showers, hand washing stations, and portable restrooms to help with personal hygiene – in an effort to reduce the transmission of COVID-19. The HUB OC manages the recruiting, training, and mobilizing the team of volunteers from local churches and the community to help meet the needs of homeless residents in partnership with the City of Orange, the HEART team, and LOVE Orange. Services include receiving intake information, coordinated entry system (CES), Homeless management Information System (HMIS), volunteer recruitment and training, distribution of hygiene supplies and, management of hygiene resources. Referral services include shelter, mental health, veterinary care, health care, COVID-19 vaccination, clothing providers, transportation providers, and afterschool care. Additionally partnerships have begun for classes and workshops related to workforce skills and health-oriented programs. The City intends to continue this program throughout the planning period. Partnership and grant funding is continuously sought to extend the life of the HUB beyond funding available through HOME-ARP funds.
The City provides CDBG funding to the Friendly Center to reduce food insecurity and hunger. In 2022, 664 households were serviced.
The City provides CDBG funding to the Assistance League of Orange for providing new school clothing and hygiene kits to low income elementary school‐age students under the Operation School Bell Program. In 2022, 425 children were assisted.
The City provides CDBG funding to the After-School Community Program though the Community Services Department for structured educational and recreation services for low-income and at-risk youth. In 2022, the program assisted 128 children. 4C - The City of Orange currently contracts with the Fair Housing Foundation which provides community education, individual counseling, mediation, and low-cost advocacy with the expressed goal of eliminating housing discrimination and guaranteeing the rights of all people to freely choose the housing for which they qualify in the area they desire. The City refers all inquiries for these services to the Fair Housing Foundation and maintains literature and informational brochures at City Hall available for public distribution.
Provide informational brochures at the City
library, Senior Center and other locations
frequented by the public.
Continue the provision of fair housing
assistance including landlord/tenant
counseling and amelioration or removal of
identified impediments and work with the
Fair Housing Foundation to provide
community education on fair housing
throughout the year.
Continue to contract with the Fair Housing
Foundation or a similar agency for these
services.
Annually promote information
and maintain updated
information; review fair housing
assistance annually and on a
case-by-case basis.
In 2022, the City distributed Fair Housing Foundation informational materials at our Treats in the Streets event, Community Development public service counter, and also relied on Fair Housing Foundation events for distribution of information. In 2023, the City hosted two Fair Housing Foundation community meetings. Starting in late 2023, staff will be providing targeted outreach in communities that are low-income. Meetings will facilitate Spanish language speakers. Included in the discussion will be options available for neighborhood cleanup. Staff is coordinating with Fair Housing and the County for participation and bringing information on available resources to targeted communities. In 2023 staff will be providing additional fair housing literature at other City facilities such as libraries, the City Clerk's Office, Police Headquarters, and Fire Department Headquarters.
In 2022, the Fair Housing Foundation assisted 196 unduplicated Orange clients, received 15 Fiar Housing allegations, and opened 5 fair housing cases. 4D - On behalf of the City, the Orange County Housing Authority currently administers the Section 8 Rental Assistance program which assists renter households in the City. The City of Orange will continue to provide referral services and information to the City’s residents.
Assist 484 households annually through the
planning period.
Annually assist households;
maintain updated information
and outreach annually; and,
implement changes based on
feedback from outreach.
In 2022, the Orange County Housing Authority (OCHA) assisted 353 renter households in Orange through the Section 8 Housing Choice Voucher (Rental Assistance) Program. An additional 17 households were assisted by OCHA through the Continuum of Care certificate program.
During FY 23-24, the City will continue to support OCHA’s applications for Section 8 vouchers as well as the continuation of the FSS Program, FUP, HUD-VASH Program, and NED Program. 385
4E - The City Staff will support the ability of persons with developmental disabilities to live in integrated community settings. The City will work with the Regional Center of Orange County to identify the housing needs of persons served by the Center, promote opportunities for supportive living services and support efforts to eliminate barriers to housing for persons with developmental disabilities.
Annually outreach to and partner with the
Regional Center of Orange County to
identify the housing needs of persons
served by the Center, promote
opportunities for supportive living services
and support efforts to eliminate barriers to
housing for persons with developmental
disabilities.
Annually outreach to and
partner with the Regional
Center of Orange County.
in 2022 the City continued its outreach efforts with the Regional Center of Orange County to identify the needs of persons with development disabilities and to promote opportunities and eliminate barriers for housing.
In 2022 the City continued to utilize its Reasonable Accommodation provisions to eliminate barriers to housing for persons with disabilities. The provisions are offered to all persons with disabilities. Two requests were received and approved in 2022. 4F - The City will amend the Orange Municipal Code to be compliant with State law regarding residential care facilities serving seven (7) or more persons in all residential zones, as well as ensure barrier-free housing choices for persons with disabilities. The City will also provide information online and at City Hall on reasonable accommodation with respect to zoning, permit processing, or building laws.
Update the Orange Municipal Code to
comply with State law.
Provide information online and at City Hall
on reasonable accommodation with
respect to zoning, permit processing, or
building laws.
Adopt Municipal Code
amendment by December
2023; maintain update
information online and at City
Hall.
During FY 21-20, the City will continue to support OCHA’s applications for Section 8 vouchers as well as the continuation of the FSS Program, FUP, HUD-VASH Program, and NED Program. 4G - The City will update the Orange Municipal Code to permit Low Barrier Navigation Center development as a matter of right in appropriate zoning districts, subject to requirements of state law. Per California Government Code Section 65660, low barrier navigation centers are defined as a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry. These requirements include implementing standards, provisions and limitations governing the permitting, development, siting and management of Low Barrier Navigation Centers. The City of Orange will continue to identify revisions and adopt amendments to the Municipal Code to comply with State law updates.
Adopt an amendment to the Orange
Municipal Code to permit Low Barrier
Navigation Center in compliance with State
law.
Update the Orange Municipal Code to
comply with State law.
By December 2023, Reviewed
Annually for updates in
response to changes in State
law
Work is anticipated in 2023 to further municipal code compliance with State law. 4H - The City will update the Orange Municipal Code to permit Single- Room Occupancy units in appropriate zoning districts, subject to requirements of state law. These requirements include implementing standards, provisions and limitations governing the permitting, development, siting, and management of Single-Room Occupancy units.
The City of Orange will continue to make the appropriate revisions the Municipal Code to comply with California Government Code Section 65583(c)(1).
Update the Orange Municipal Code to
comply with State law.
By December 2023, Reviewed
Annually for updates in
response to changes in State
law
Work is anticipated in 2023 to further municipal code compliance with State law. 4I - The City of Orange will update the Orange Municipal Code to comply with provisions for farmworker housing in compliance with the Employee Housing Act (Sections 17000-17062.5 of the California Health and Safety Code).
Update the Orange Municipal Code to
comply with State law.
By December 2023 The City does not have significant agriculture or farming industries. However, work is anticipated in 2023 to accommodate municipal code compliance with State law. 4J - The City of Orange Municipal Code currently requires emergency shelters to be located at least five hundred feet from any residential use or residentially-zoned property, public or private park, or public or private kindergarten through 12th grade curriculum school, as measures from the closest property line, as well as be located within half-a-mile of a transit stop. These requirements fall outside the scope of allowable standards relating to siting of homeless/emergency shelters per Government Code section 65583, subdivision (a)(4)(A).
Update the Orange Municipal Code to
comply with State law.
By December 2023 Work is anticipated in 2023 to further municipal code compliance with State law. 386
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020387
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020388
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate-
Income Non Deed
Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
389
Jurisdiction Orange
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
390
Jurisdiction Orange Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 391
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date Notes
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Notes
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.
Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.
Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020392
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020393
Jurisdiction Orange
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 62
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 82
50 194
Units by Structure Type Entitled Permitted Completed
SFA 0 48 353
SFD 1 2 2
2 to 4 0 0 0
5+ 166 62 652
ADU 44 82 53
MH 0 0 0
Total 211 194 1060
99 99
81 2
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
394
Jurisdiction Orange
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 59
Non-Deed Restricted 0
Deed Restricted 106
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 44
1 211
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 62
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 82
50 194
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
-$
Task Status
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
395
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 705
354
1060Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
396
Agenda Item
City Council
Item #: 3.13. 1/9/2024 File #: 23-0822
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police
1. SUBJECT
Agreement with the State of California Department of Justice for the Tobacco Grant Program from November 2023 through June 2027. Resolution No. 11515.
2. SUMMARY
Funding for the Tobacco Grant Program is being provided in the amount of $230,969 to support law enforcement programs that enforce state and local laws related to the illegal sales and marketing of tobacco, including e-cigarettes, to minors.
3. RECOMMENDED ACTION
1. Approve agreement with the State of California Department of Justice in the amount of $230,969 for the Tobacco Grant Program, and authorize the City Manager to execute on behalf of the City.
2. Adopt Resolution No. 11515. A Resolution of the City Council of the City of Orange accepting funds in the amount of $230,969 from the State of California Department of Justice, Office of Attorney General, Tobacco Law Enforcement Grant Program, and authorizing the Chief of Police or City Manager to execute the grant program Memorandum of Understanding and related documents.
3. Accept into the City’sbudget $230,969 in grant funds from the State of California Department of Justice into revenue account number 100.4033.45495.30237 Tobacco Grant.
4. Authorize the appropriation of $230,969 into the following expenditure accounts. 100.4033.50221.30237 Overtime - Safety Tobacco Grant $229,977 100.4033.55131.30237 Equipment Additions - Tobacco Grant 992
4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California, Department of Justice.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
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Item #: 3.13. 1/9/2024 File #: 23-0822
a: Provide staffing and resources to deliver services that ensure public safety.
6. DISCUSSION AND BACKGROUND
Proposition 56, The California Healthcare Research and Prevention Tobacco Tax Act, was approved by voters in 2016. The initiative allocates a portion of annual revenue to the California Department of Justice to support local enforcement efforts to reduce the illegal sale of tobacco products to minors.
For the 2023-2024 grant cycle, $24.6 million in grant funding was made available, of which $230,969 was awarded to the City of Orange Police Department to combat the illegal sale of tobacco products to minors. The Tobacco Grant Program is a reimbursable grant and will be funded for a three-year period through June 2027.
The Orange Police Department intends to focus on education and enforcement to prevent tobacco sales to minors and increase awareness associated with tobacco sales and use. The grant-funded goals and objectives for the three-year cycle include the following:
· Retailer inspection and education to educate retailers and staff on furnishing of tobacco products to minors, current laws, and responsible tobacco services. · Retailer inspection/enforcement operations in conjunction with “Shoulder Tap” or other operations of licensed and unlicensed businesses selling tobacco products. · Host diversion courses for qualifying retailers found to be in violation.
The allocation of the Tobacco Grant Program will ensure adequate funding for operating expenses and equipment related to tobacco enforcement operations through June 30, 2027.
7. ATTACHMENTS
· Tobacco Grant Program MOU DOJ-PROP56-2023-24-1-020
· Resolution No. 11515
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398
Agenda Item
City Council
Item #: 3.13. 1/9/2024 File #: 23-0822
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police
1. SUBJECT
Agreement with the State of California Department of Justice for the Tobacco Grant Program from November 2023 through June 2027. Resolution No. 11515.
2. SUMMARY
Funding for the Tobacco Grant Program is being provided in the amount of $230,969 to support law enforcement programs that enforce state and local laws related to the illegal sales and marketing of tobacco, including e-cigarettes, to minors.
3. RECOMMENDED ACTION
1. Approve agreement with the State of California Department of Justice in the amount of $230,969 for the Tobacco Grant Program, and authorize the City Manager to execute on behalf of the City.
2. Adopt Resolution No. 11515. A Resolution of the City Council of the City of Orange accepting funds in the amount of $230,969 from the State of California Department of Justice, Office of Attorney General, Tobacco Law Enforcement Grant Program, and authorizing the Chief of Police or City Manager to execute the grant program Memorandum of Understanding and related documents.
3. Accept into the City’sbudget $230,969 in grant funds from the State of California Department of Justice into revenue account number 100.4033.45495.30237 Tobacco Grant.
4. Authorize the appropriation of $230,969 into the following expenditure accounts. 100.4033.50221.30237 Overtime - Safety Tobacco Grant $229,977 100.4033.55131.30237 Equipment Additions - Tobacco Grant 992
4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California, Department of Justice.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
City of Orange Printed on 1/4/2024Page 1 of 2
powered by Legistar™
399
Item #: 3.13. 1/9/2024 File #: 23-0822
a: Provide staffing and resources to deliver services that ensure public safety.
6. DISCUSSION AND BACKGROUND
Proposition 56, The California Healthcare Research and Prevention Tobacco Tax Act, was approved by voters in 2016. The initiative allocates a portion of annual revenue to the California Department of Justice to support local enforcement efforts to reduce the illegal sale of tobacco products to minors.
For the 2023-2024 grant cycle, $24.6 million in grant funding was made available, of which $230,969 was awarded to the City of Orange Police Department to combat the illegal sale of tobacco products to minors. The Tobacco Grant Program is a reimbursable grant and will be funded for a three-year period through June 2027.
The Orange Police Department intends to focus on education and enforcement to prevent tobacco sales to minors and increase awareness associated with tobacco sales and use. The grant-funded goals and objectives for the three-year cycle include the following:
· Retailer inspection and education to educate retailers and staff on furnishing of tobacco products to minors, current laws, and responsible tobacco services. · Retailer inspection/enforcement operations in conjunction with “Shoulder Tap” or other operations of licensed and unlicensed businesses selling tobacco products. · Host diversion courses for qualifying retailers found to be in violation.
The allocation of the Tobacco Grant Program will ensure adequate funding for operating expenses and equipment related to tobacco enforcement operations through June 30, 2027.
7. ATTACHMENTS
· Tobacco Grant Program MOU DOJ-PROP56-2023-24-1-020
· Resolution No. 11515
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Tobacco Grant Program
Grant Services Branch – Local Assistance
Division of Operations
Orange Police Department DOJ-PROP56-2023-24-1-020