Agenda packet — Orange City Council, March 26, 2024

Tom Kisela
City Manager
Mike Vigliotta
City Attorney
Pamela Coleman
City Clerk

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6

AGENDA -

FINAL-REVISED
City Council
March 26, 2024
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda. The agenda and supporting documentation is available after 4:00 p.m. on the Thursday prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue. Written materials relating to an item on the agenda that are provided to the City Council after agenda packet distribution and within 72 hours before Council is to consider the item will be made available for public inspection in the City Clerk’s Office during normal business hours; at the City Council meeting; and made available on the City's website.

Public Participation
Regular meetings are televised live on Spectrum Cable Channel 3 and AT&T U -verse Channel 99, and streamed live and on-demand on the City's website at www.cityoforange.org.

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name, address, and identify the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law .

Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.

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1 City Council Agenda - Final-revised March 26, 2024
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

In accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council further during that meeting, unless permission to continue is granted by a majority vote of the Council.

Please contact the City Clerk’s Office at (714) 744-5500 with any questions.

ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.

REMINDER: Please silence all electronic devices while City Council is in session.

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2 City Council Agenda - Final-revised March 26, 2024
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) – One case Name of Case: Californians for Homeownership, Inc. v. City of Orange Orange County Superior Court Case No. 20-2024-01382115

4. CLOSED SESSION REPORT

5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.

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3 City Council Agenda - Final-revised March 26, 2024
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Rob Curington, Orange Villa Bible Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Kathy Tavoularis

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Friends of the Orange Public Library Presentation to the Orange Public Library

1.5 REPORT ON CLOSED SESSION ACTIONS

2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker.

3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff, or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.

3.1. Waive reading in full of all ordinances on the Agenda.

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Approval of minutes of the City of Orange City Council Special Meeting held on March 11, 2024; and Regular Meeting held on March 12, 2024.

Approve minutes as presented.

Recommended Action:

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4 City Council Agenda - Final-revised March 26, 2024
Staff Report
March 11, 2024, Special Meeting minutes
March 12, 2024, Regular Meeting minutes
Attachments:

3.3. Agreement with Willdan Engineering for on-call building services.

Approve the agreement with Willdan Engineering in the amount of $ 200,000 for on -call building services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with Willdan Engineering
Attachments:

3.4. Second Amendment to Agreement with Amber Gregg, Inc. for Planning consulting services.

Approve the amendment to agreement with Amber Gregg, Inc. for planning consultant services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment to Agreement with Amber Gregg, Inc.

Attachments:

3.5. Appropriation of $ 77,592.10 in revenue from Recreation Classes and User Group Maintenance Fees.

1. Accept into the City ’s General Fund revenue budget $77,592.10 in recreation class revenue and user group maintenance fees to:
100.7001.46540.00000 Recreation Classes $54,055.40 100.7022.42480.00000 User Group Maintenance Fees $23,536.70

2. Authorize the General Fund appropriation of $61,375.48 to:
100.7011.51670.00000 Other Prof. & Consulting Services $37,838.78 100.7022.51424.00000 User Group Maintenance $23,536.70 Recommended Action:

Staff ReportAttachments:

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3.6. Appropriation of $ 36,000 in designated donation funding received from the Friends of Orange Public Library.

1. Accept into the City ’s revenue budget $36,000 in donation funds from the Friends of Orange Public Library to:
100.2001.48390.19990 General Fund Donations

2. Authorize the appropriation of $36,000 to Friends of Orange Public Library:
100.2001.53301.19990 General Fund Library Books $20,800 100.2001.53340.19990 General Fund Craft Supplies $3,000 100.2004.51423.19990 General Fund Maint/Contracts $6,500 100.2016.53340.19990 General Fund Craft Supplies $4,200 100.2017.53340.19990 General Fund Craft Supplies $1,500 Recommended Action:

Staff ReportAttachments:

3.7. First Amendment to Contract with Pavement Coatings Co. for Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024 (Bid No. 23-24.03; SP-4259).

Approve the First Amendment to Contract with Pavement Coatings Co. in the amount of $ 55,923 for the additional work; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Contract
Attachments:

3.8. Notice of Completion and Acceptance for Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths project.

1. Accept Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

Recommended Action:

Staff Report
Notice of Completion
Attachments:

3.9. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Sections 12.32.070, 12.32.080, 12.32.090, and 12.32.110 of the Orange Municipal Code related to tree removal process. Ordinance No. 04-24.

Adopt Ordinance No. 04-24.

Recommended Action:

Staff Report
Ordinance No. 02-24
Attachments:

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3.10. Authorize blanket purchase order for annual maintenance of various hardware and software from Sidepath, Inc.

Approve blanket purchase order for annual maintenance of various hardware and software items from Sidepath, inc. for $268,309.86.

Recommended Action:

Staff Report
IT Sidepath Asset List
Attachments:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR SLATER

5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .

Pursuant to Government Code Section 54954.2(a)(3), no action (s) or discussion (s) shall be undertaken on any item not appearing on the posted agenda.

5.1. Letter of support for Santiago Canyon College’s community project . (Gyllenhammer)
Consider signing letter of support for Santiago Canyon College ’s community project request.

Recommended Action:

Staff Report
Letter of Support
Attachments:

6. AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code Section 53232.3(d) on meetings and conferences attended at the City's expense.

7. ADMINISTRATIVE REPORTS

7.1. Orange Police Department 2023 Crime Report/General Overview.

Receive and file.

Recommended Action:

Staff Report
2023 Crime Report
2023 Police Annual Report
2023 Homeless and HEART Report
Attachments:

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7.2. Agreement with Insight Public Sector, Inc. for Flock Safety cameras, web -based software, and services for the Police Department.

1. Approve the agreement with Insight Public Sector Inc. in the amount of $411,980, representing a lease and installation cost of $399,980, plus a 3% contingency of $12,000, for Flock Safety cameras, web -based software, and services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $399,980 from Capital Bond Proceeds (553) unreserved fund balance to expenditure account number 553.4011.56033.20549, Capital Bond Proceeds - Flock Safety cameras.

3. Authorize the appropriation of $12,000 from the Federal Asset Forfeiture (355) unreserved fund balance to expenditure account number 355.4011.55131.00000, Federal Asset Forfeiture - Equipment Additions.

Recommended Action:

Staff Report
Agreement with Insight
Attachments:

7.3. Acceptance of funds allocated by the State of California under Senate Bill 104 to the City for support of the Hub Resource Center. Resolution No. 11534.

1. Adopt Resolution No. 11534. A Resolution of the City Council of the City of Orange acknowledging the receipt of funds allocated by the State of California under Senate Bill 104 to the City for support of the HUB Resource Center.

2. Accept into the City ’s revenue budget $3,000,000 in grant funds from the Budget Act of 2023 to:
312.6001.45290.30206 SB2-Building Homes & Jobs Act State Grant Funding HRC
Recommended Action:

Staff Report
Resolution No. 11534
Attachments:

7.4. Memorandum of Understanding with Anaheim Transportation Network for microtransit services.

1. Approve the agreement with Anaheim Transportation Network in the amount of $100,000 for microtransit services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the following budget transfer of $100,000:

From: 952.9810.56020.20247 NW & SW Merged 2003 Taxable Bonds SAORA Capital
To: 952.9810.51780.00000 NW & SW Merged 2003 Taxable Bonds Other Contractual Services
Recommended Action:

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8 City Council Agenda - Final-revised March 26, 2024
Staff Report
Memorandum of Understanding with Anaheim Transportation Network
Attachments:

7.5. Consider the City of Orange ’s current membership in the League of California Cities and provide direction to City staff.

Discuss the City of Orange ’s current membership in the League of California Cities and provide direction to City staff.

Recommended Action:

Staff Report
CalCities Invoice
Resolution No. 11525
December 6, 2023, CalCities Board Statement
Attachments:

8. REPORTS FROM CITY MANAGER

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 06-24 containing administrative updates to various sections of Titles 1 and 2 of the Orange Municipal Code.

Introduce and conduct First Reading of Ordinance No. 06-24. An Ordinance of the City Council of the City of Orange amending various sections in Titles 1 and 2 of the Orange Municipal Code to delete outdated language, update references to conform with current law and code provisions, and achieve internal consistency.

Recommended Action:

Staff Report
Ordinance No. 06-24
Ordinance No. 06-24 REDLINED
Attachments:

10. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, April 9, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

I, Pamela Coleman, CMC, City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library at 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: March 21, 2024

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9 Agenda Item
City Council
Item #: 3.1. 3/26/2024 File #: 24-0176
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

State law requires that all ordinances be read in full either at the time of the introduction or at the time of passage, unless a motion waiving further reading is adopted by a majority of the City Council (Gov.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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10 Agenda Item
City Council
Item #: 3.1. 3/26/2024 File #: 24-0176
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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11 Agenda Item
City Council
Item #: 3.2. 3/26/2024 File #: 24-0209
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Special Meeting held on March 11, 2024; and Regular Meeting held on March 12, 2024.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· March 11, 2024, Special Meeting minutes
· March 12, 2024, Regular Meeting minutes
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12 Agenda Item
City Council
Item #: 3.2. 3/26/2024 File #: 24-0209
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Special Meeting held on March 11, 2024; and Regular Meeting held on March 12, 2024.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· March 11, 2024, Special Meeting minutes
· March 12, 2024, Regular Meeting minutes
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13 City of Orange
City Council
March 11, 2024

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Monday, March 11, 2024, at 5:00 p.m. for a Special Meeting in the Shaffer Park Community Building, 1930 N. Shaffer St ., Orange, California.
5:00 PM STRATEGIC PLANNING SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 5:04 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Mayor Dan Slater.

1.2 ROLL CALL
Councilmember Bilodeau joined the meeting at 5:07 p.m.

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None

2. ADMINISTRATIVE REPORTS

2.1. City of Orange Strategic Plan Discussion and Update.

Public Speaker:

Brandy Romero encouraged Council to explore the benefits of applying to the Certified Local Government program as part of the Strategic Plan to preserve the city's historic districts.

Written Public Comments
The Kennedy Commission submitted an eComment requesting the City focus on addressing affordable housing and homelessness.

Paul Kim submitted an eComment encouraging the City focus on developing affordable housing.

Barry Ross submitted an eComment encouraging the City focus on developing affordable housing.

Bonnie Robinson submitted an email encouraging the City to protect open space, develop affordable housing, and replace current trees with native trees.

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14 City Council Minutes - Draft March 11, 2024
Bill Kelly, Kelly Associates Management Group, LLC, conducted a communication exercise with the Council, City Attorney, and City Manager; and summarized the four interpersonal influence behavioral styles and the corresponding traits. Council discussed the respective Strengths, Weaknesses, Opportunities, and Threats analyses; and the results from the citywide survey. Each Councilmember selected up to six preferred priorities /goals, which will be brought back in a Strategic Plan matrix report at a future meeting.

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:42 p.m.

The next Regular City Council meeting will be held on Tuesday, March 12, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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15 City of Orange
City Council
March 12, 2024

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, March 12, 2024, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:03 p.m.

1.1 ROLL CALL

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None
Mayor pro tem Barrios joined Closed Session at 5:05 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:04 p.m. with all Members present, except Mayor pro tem Barrios who joined Closed Session at 5:05 p.m., to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Mignon Mitchell, et. al. v. City of Orange Orange County Superior Court Case No. 30-2024-01378669
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)

4. CLOSED SESSION REPORT
None

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16 City Council Minutes - Draft March 12, 2024
RECESS TO REGULAR MEETING: At 6:00 p.m., the City Council recessed from Closed Session to a Regular Meeting in the Council Chamber.

The Council reconvened in Closed Session at 9:55 p.m. with all Members present, except Councilmember Tavoularis who left the meeting at 9:07 p.m.

5. ADJOURNMENT
Closed Session was adjourned at 10:15 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:10 p.m.

1.1 INVOCATION
Given by Reverend Dr. Robb Ring from Immanuel Lutheran Church of Orange.

1.2 PLEDGE OF ALLEGIANCE
Led by Mayor pro tem Arianna Barrios.

1.3 ROLL CALL

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Norma Mendoza, CASA of Orange County, presented a brief overview of CASA. 2023 Community Partner Recognition.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Jonathan Zimmerman recognized City staff for all that they do.

Jake Comer encouraged Council to include a sustainability plan as part of the strategic planning process.

The following expressed concerns with a family shelter opening in their neighborhood :

Tuan Truong, Harry Mear, Chrisann Mear, Kevin Smith, Rosa Salazar de la Torre, Kelly Nelson, Rudy Munoz, and Mario Lomeli.

Written Public Comment
Janice Brownfield submitted an email regarding the importance of planting trees.

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17 City Council Minutes - Draft March 12, 2024

3.1. Waive reading in full of all ordinances on the Agenda.

ACTION: Approved.

3.2. Confirmation of warrant registers dated February 1, 8, 15, 22, and 29, 2024 ACTION: Approved as presented.

3.3. Approval of minutes of the City of Orange City Council Regular Meetings held on February 13 and 27, 2024.

ACTION: Approved minutes as presented.

3.4. Agreement with Insight Enterprises, Inc. for Microsoft Enterprise software licenses for all City computers and servers.

Item 3.4 was removed from the Consent Calendar for separate consideration by Councilmember Gyllenhammer.

During discussion, staff responded to Council's questions regarding the number of licenses, agreement term, and potential for sharing email accounts. Staff indicated sharing email accounts presents security concerns.

Councilmember Gyllenhammer proposed decreasing the term from three years to one year allowing staff to examine the City's licensing needs.

ACTION: A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Tavoularis, to approve a one -year agreement with Insight Enterprises, Inc. for Microsoft software licensing; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and SlaterAyes:

Barrios, and GutierrezNoes:

NoneAbsent:

3.5. Agreement with NaviRetail, Inc. for retail development services.

ACTION: 1) Approved the agreement with NaviRetail, Inc. in the amount of $ 50,000 for retail development services; and authorize the Mayor and City Clerk to execute on behalf of the City.
2) Authorized the following budget transfer:

From: 952.9810.56020.20247 NW & SW Merged 2003 Taxable Bonds SAORA Capital $50,000
To: 952.9810.51670.00000 NW & SW Merged 2003 Taxable Bonds Other Professional and Consulting Services $50,000

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18 City Council Minutes - Draft March 12, 2024

3.6. Appropriation of $ 12,758 in designated grant funding received from the California Library Association and California State Library.

Item 3.6 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

Councilmember Gutierrez explained she removed the item to highlight the Lunch at the Library program.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to:
1) Accept into the City's revenue budget $ 12,758 in grant funds from California Library Association and California State Library to:
100.2001.45495.30121 Other Grant Revenue Lunch at the Library 2) Authorize the appropriation of $12,758 to:
100.2016.53340.30121 Craft Supplies Lunch at the Library The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.7. Award of Contract to R. J. Noble Company for Community Development Block Grant Fiscal Year 2023-2024 Grand Street Neighborhood Street Rehabilitation Project; Bid No. 23-24.26.

Item 3.7 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

Note: Councilmember Dumitru recused himself from Item 3.7 due to the Levine Act and left the dais at 7:16 p.m.

In response to Council's questions regarding the funds being used for the project, staff indicated the surplus CDBG funds were transferred from the FY 2023-2024 Palmyra Project.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to:
1) Authorize the Amendment to the Memorandum of Understanding to increase the 2023-2024 Street Rehabilitation Project by $ 56,400, for a total not -to-exceed amount of $338,790; and authorize the City Manager or his designee to execute the amendment on behalf of the City.
2) Authorize the Amendment to the 2023-2024 Annual Action Plan to increase the allocation to the 2023-2024 Street Rehabilitation Project by $ 56,400 to a total allocation of $ 338,790 and submit the Amendment to the Department of Housing and Urban Development.
3) Approve the contract with R. J. Noble Company in the total amount of $ 325,360, representing an original bid amount of $ 295,782, plus a 10% contingency of $ 29,578, for Community Development Block Grant Fiscal Year 2023-2024 Grand Street Neighborhood Street Rehabilitation Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

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19 City Council Minutes - Draft March 12, 2024
4) Authorize the following budget transfer:

From: 310.9645.56582.20500 - CDBG Sycamore and Palmyra Neighborhoods Street Rehabilitation $56,400
To: 310.9645.56582.30220 - CDBG Neighborhood Street Rehabilitation $56,400 The motion carried by the following vote:

Barrios, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

DumitruRecuse:

Councilmember Dumitru returned to the dais at 7:19 p.m.

3.8. Award of Contract to Diversified Thermal Services for mechanical services and preventative maintenance for heating, ventilation, and air conditioning equipment at various city buildings and parks; and finding of California Environmental Quality Act exemption; Bid No. 23-24.22 (SP-4277).

ACTION: 1) Approved the contract with Diversified Thermal Services, LLC in the amount of $ 608,144 to maintain and repair heating, ventilation, and air conditioning systems in various city buildings and parks; and authorize the Mayor and City Clerk to execute the contract on behalf of the City; and 2) Found that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 “Existing Facilities” Class 1.

3.9. Notice of Completion and Acceptance for Demolition of Building at 2829 N.

Glassell Street; Bid No. 23-24.08 (SP-4262).

ACTION: 1) Accepted Demolition of Building at 2829 N. Glassell Street as complete; and 2) Authorized the City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

3.10. Notice of Completion and Acceptance for the Santiago Canyon Road - Newport Boulevard to Jamboree Road project; Bid No. 22-23.16 (SP-4201).

ACTION: 1) Accepted Santiago Canyon Road - Newport Boulevard to Jamboree Road project as complete; and 2) Authorized the City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

3.11. Second Reading and adoption of Ordinances related to the duties of City Treasurer and the creation of the Audit Advisement Committee and the Investment Advisory Committee. Ordinance Nos. 01-24, 02-24 and 03-24.

ACTION: 1) Adopted Ordinance No. 01-24. An Ordinance of the City Council of the City of Orange amending section 2.26.010 of the Orange Municipal Code Related to the Duties of the Treasurer.
2) Adopted Ordinance No. 02-24. An Ordinance of the City Council of the City of Orange adding Chapter 2.50 to Title 2 of the Orange Municipal Code (Administration and Personnel) establishing the Audit Advisory Committee. 3) Adopted Ordinance No. 03-24. An Ordinance of the City Council of the City of Orange adding Chapter 2.51 to Title 2 of the Orange Municipal Code (Administration and Personnel) establishing the Investment Advisory Committee.

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3.12. Authorize an increase to various purchase orders for vehicle parts, traffic control devices, signs, materials, and services from various vendors for the Public Works Department, Field Services Division.

ACTION: 1) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $ 50,000 with SC Signs & Supplies, LLC for traffic control devices and signs; 2) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $ 42,000 with American Truck Driving School for commercial license training; 3) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $60,000 with Irv Seaver Motorcycles for fleet parts and services; 4) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $ 60,000 with Pete’s Road Services for fleet parts and services; 5) Approved an increase to a blanket purchase for a total not -to-exceed amount of $ 60,000 with Quinn Group, Inc . -Maintenance for fleet parts and services; 6) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $ 50,000 with So. Cal Fire Services, Inc. for fleet parts and services; 7) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $ 70,000 with Fire Apparatus Solutions for fleet parts and services; 8) Approved an increase to a blanket purchase order for a total not-to-exceed amount of $ 50,000 with Daniel Tire Services for fleet parts and services; 9) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $ 40,000 with Cal -State Auto Parts, Inc. for fleet parts; 10) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $ 50,000 with Southern Counties Lubricants for fleet parts; and 11) Approved an increase to a blanket purchase order for a total not -to-exceed amount of $ 40,000 with West Coast Batteries for fleet parts.

3.13. Authorize the purchase of Urban Search and Rescue tools and equipment for the Fire Department from L .N. Curtis & Sons using a Cooperative Purchasing Agreement.

ACTION: Approved the purchase of Urban Search and Rescue tools and equipment from L.N. Curtis & Sons for a total amount of $135,000.

3.14. Approval of payment to Southern California Edison for new electrical service for Well No. 28 located at 225 W. Maple Avenue.

Note: Mayor pro tem Barrios abstained due to a potential conflict with employment.

ACTION: Approved payment to Southern California Edison in the amount of $81,005.98 for the design and installation of electrical service to Well No. 28.

3.15. 2024 City of Orange Conflict of Interest Code Biennial Review Notice.

ACTION: Directed staff to review the Conflict of Interest Code and authorized execution of the Biennial Review Notice no later than October 1, 2024.

3.16. Grant of Easement to Southern California Edison for electrical service to the Katella Terrace senior affordable housing project, under construction on City-owned land at 1249 East Katella Avenue.

Note: Mayor pro tem Barrios abstained due to a potential conflict with employment.

ACTION: Approved an additional Grant of Easement to Southern California Edison for

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the Katella Terrace Apartments located at 1249 East Katella Avenue to accommodate a separate transformer; and authorized the Mayor to execute on behalf of the City.

3.17. Adoption of records retention schedules. Resolution No. 11530.

ACTION: Adopted Resolution No. 11530. A Resolution of the City Council of the City of Orange adopting a records retention schedule and authorizing destruction of certain city records.

Approval of the Consent Calendar
Items 3.4, 3.6, and 3.7 were removed from the Consent Calendar and heard separately. Councilmember Dumitru recused from Item 3.7. Mayor pro tem Barrios abstained from Items 3.14 and 3.16. All other items were approved as recommended.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to approve the Consent Calendar as recommended. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR SLATER

4.1. Consider establishing a City Council budget ad hoc committee.

Item 4.1 was re-ordered to be heard after Item 7.2.

4.2. Consider establishing a City Council ad hoc committee to assist staff with public education regarding the City’s fiscal solvency.

Item 4.2 was re-ordered to be heard after Item 7.2.

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: The Dragonfly Shops & Gardens.

She announced that Orange High would be performing Little Shop of Horrors, and thanked CalOptima for hosting a Community Resource Fair Event on March 2.

5.2. Other Councilmember Reports
Councilmember Dumitru requested to work with staff to update the City's registered sex offender restrictions ordinance. He also requested a report regarding Council support for overturning Prop 47.

Councilmember Tavoularis requested a report reconsidering the City's current

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membership in the League of California Cities (CalCities) at a future Council meeting.

6. AB 1234 REPORTS
None

7. ADMINISTRATIVE REPORTS

7.1. Status of the Fiscal Year 2023-24 budget.

Finance Director Trang Nguyen and Budget Manager Michelle Kresan provided an overview on the status of the current fiscal year budget including reports on actuals from July 1, 2023, through December 31, 2023; year -end estimates, and estimated fund balance at June 30, 2024.

Councilmember Bilodeau left the dais at 7:51 p.m.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to receive and file report, and approve the following:
1) Authorize the following budget transfer:

From: 317.0000.57120.00000 HOME Transfers $129,049.48 To: 100.0000.49010.00000 General Fund Transfers $129,049.48 2) Authorize the appropriation of $64,944 from the fund balance to :
553.5028.56020.20494 Capital Bond Proceeds Fund Administrative Building Improvements
3) Authorize the appropriation of $350,000 from the General Fund, fund balance to:
100.2001.51231.00000 - Electricity $75,000
100.3011.51231.00000 - Electricity 125,000
100.4011.51231.00000 - Electricity 100,000
100.7001.51231.00000 - Electricity 50,000
4) Authorize additional appropriation from fund balance to the following accounts:
100.2001.58514.00000 General Fund Fuel Allocation $1,070 100.3011.58514.00000 General Fund Fuel Allocation 37,460 100.4001.58514.00000 General Fund Fuel Allocation 94,180 100.5011.58514.00000 General Fund Fuel Allocation 24,615 100.6021.58514.00000 General Fund Fuel Allocation 1,070 100.7001.58514.00000 General Fund Fuel Allocation 37,460 125.3015.58514.00000 EMT Fund Fuel Allocation 6,420 220.5022.58514.00000 Sewer Fund Fuel Allocation 11,775 270.5021.58514.00000 Gas Tax Fuel Allocation 49,230 600.8011.58514.00000 Water Fund Fuel Allocation 56,720 5) Authorize the appropriation of $320,000 to account:
710.5023.49021.00000 Charges for Fuel $320,000 6) Authorize the appropriation of $320,000 from the fund balance to:
710.5023.53720.00000 Equipment Expense Fund Gasoline and Diesel Fuel 7) Authorize the appropriation of $300,000 from the fund balance to :
740.0312.52310.00000 Liability Fund Liability Claims Paid 8) Authorize the appropriation of $80,000 from the fund balance to :
740.0312.52320.00000 Liability Fund Property Damage

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9) Authorize the appropriation of $ 80,000 from the Low & Moderate Income Housing Asset Fund fund balance to:
921.6041.50002.00000 Regular Salaries - Miscellaneous $40,000 921.6041.51670.00000 Other Professional & Consulting Svcs 40,000 10) Authorize the following changes to the City's Schedule of Positions:
a. Reclassify two Administrative Specialist positions to two Administrative Assistant positions in the Public Works Department.
b. Reclassify the Senior Administrative Analyst position to a Public Works Administrator in the Public Works Department.
c. Eliminate the Real Estate Property Agent in the Public Works Department. d. Authorize two part -time benefitted Code Compliance Officers in the Community Development Department.
e. Retitle the Records Manager position to a Records Coordinator position in the City Clerk's Department.
f. Modify the Schedule of Positions to include the Forensic Services Specialist position and eliminate the Forensic Services Supervisor position in the Police Department. 11) Adopt Resolution No. 11531. A Resolution of the City Council of the City of Orange Amending Resolution No. 11512 between the City of Orange and the Orange Management Association.
12) Adopt Resolution No. 11532. A Resolution of the City Council of the City of Orange Amending Resolution No. 11480 relating to the Classification, Compensation, and Terms of Employment of Executive Management and Senior Management Employees. 13) Adopt Resolution No. 11533. A Resolution of the City Council of the City of Orange Rescinding Resolution No. 11514 and amending the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.

The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and SlaterAyes:

NoneNoes:

BilodeauAbsent:

RECESS: The City Council recessed at 7:54 p.m. and reconvened at 8:12 p.m. with all Members present.

7.2. Agreements with Pivotal Strategies for public education and outreach services and Fairbank, Maslin, Maullin, Metz, & Associates for tracking survey services.

Senior Assistant to the City Manager Jack Morgan provided the staff report. Council discussed the proposed work plan and the importance of educating the public.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to: 1) Approve the agreement with Pivotal Strategies in the amount of $ 98,500 to provide public education and outreach services; and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Approve the agreement with Fairbank, Maslin, Maullin, Metz, & Associates in the amount of $ 50,000 for tracking survey services; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, and SlaterAyes:

Bilodeau, and GyllenhammerNoes:

NoneAbsent:

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(Items 4.1 and 4.2 were re-ordered to be heard after Item 7.2.)

4. REPORTS FROM MAYOR SLATER

4.1. Consider establishing a City Council budget ad hoc committee.

Mayor Slater proposed creating a Budget Ad hoc Committee comprised of the Mayor, Councilmember Bilodeau, and Councilmember Gyllenhammer.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to establish a budget ad hoc committee comprised of Mayor Slater, Councilmember Bilodeau, and Councilmember Gyllenhammer to review the Fiscal Year 2024-2025 budget until the budget is adopted or July 1, 2024, whichever comes first. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

4.2. Consider establishing a City Council ad hoc committee to assist staff with public education regarding the City’s fiscal solvency.

Mayor Slater proposed creating an ad hoc committee comprised of Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember Tavoularis to assist staff with public education.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to establish an ad hoc committee comprised of Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember Tavoularis to assist staff with public education regarding the City's fiscal solvency. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

7. ADMINISTRATIVE REPORTS

7.3. Presentation of feasibility study for an Enhanced Infrastructure Financing District and agreement with Kosmont & Associates, Inc. for economic development services.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to:
1) Approve the agreement with Kosmont & Associates, Inc. in the amount of $ 59,500 for economic development services; and authorize the Mayor and City Clerk to execute on behalf of the City.
2) Authorize the following budget transfer of $59,500:

From: 952.9810.56020.20247 NW & SW Merged 2003 Taxable Bonds - SAORA Capital
To: 952.9810.51670.00000 NW & SW Merged 2003 Taxable Bonds - Other Professional & Consulting Services
The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

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7.4. Receive and file a report on “Safe and Sane” fireworks and provide direction to City staff.

Public Speaker:

Jonathan Zimmerman spoke in opposition to allowing the sale of any fireworks in Orange.

During deliberation, Council discussed boundaries, number of permits to allow, and enforcement.

A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to direct staff to place a measure on the November 6, 2024, ballot to allow the sale and possession of "safe and sane" fireworks within the city limits. The motion carried by the following vote:

Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

BarriosNoes:

NoneAbsent:

7.5. First Amendment to Agreement with 4Leaf, Inc. for supplemental code enforcement services.

A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to authorize and approve the revision to the First Amendment with 4Leaf, Inc to increase compensation by $ 285,000, of which $ 180,000 is from department salary savings and $ 105,000 is from the unreserved General Fund balance for supplemental code enforcement services through June 30, 2024, and authorize the Mayor and City Clerk to execute on behalf of the city; and authorize the appropriation of $ 105,000 from the General Fund (100) unreserved fund balance to expenditure account 100.6032.51780.00000 - Other Contractual Services. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

Councilmember Tavoularis left the meeting at 9:07 p.m.

7.6. Agreement with Bludot Technologies, Inc. for shop local program rewards software.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to: 1) Approve the agreement with Bludot Technologies, Inc. in the amount of $ 5,940 for shop local program rewards software; and authorize the City Manager to execute on behalf of the City; and 2) Approve the use of $ 30,000 from account 100.0201.51670.00000 to fund the rewards program. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

TavoularisAbsent:

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8. REPORTS FROM CITY MANAGER

8.1. Update on Economic Development Program.

Economic Development Manager Aaron Schulze provided an update.

Report was received and filed.

8.2. California Public Employee ’s Retirement System annual valuation report as of June 30, 2022.

Ira Summer, GovInvest Senior Consultant, presented the staff report and answered Council's questions.

Report was received and filed.

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 04-24 amending Title 12 of the Orange Municipal Code to revise the responsible department for management of the tree removal program from the Community Services Department to the Public Works Department.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to introduce and conduct First Reading of Ordinance No. 04-24. An Ordinance of the City Council of the City of Orange Amending Sections 12.32.070, 12.32.080,

12.32.090, and 12.32.110 of the Orange Municipal Code related to tree removal process. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

TavoularisAbsent:

Council recessed at 9:50 p.m. and reconvened in Closed Session at 9:55 p.m. with all Members present, except Councilmember Tavoularis who left the meeting at 9:07 p.m.

10. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:15 p.m.

The next Regular City Council meeting will be held on Tuesday, March 26, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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City Council
Item #: 3.3. 3/26/2024 File #: 24-0140
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Agreement with Willdan Engineering for on-call building services.

2. SUMMARY
An agreement with Willdan Engineering to augment existing Building Division staff with the use of professional consultants to maintain service levels at the permit counter, plan check, and building inspection services as needed.

3. RECOMMENDED ACTION
Approve the agreement with Willdan Engineering in the amount of $200,000 for on-call building services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $200,000 and will be funded through:
100.6031.51670.00000 General Fund (100) Other Professional & Consulting $190,000 140.6031.51670.00000 CASp Fund (140) Other Professional & Consulting $10,000 Total: $200,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

6. DISCUSSION AND BACKGROUND
Willdan Engineering provides on-call building and safety services for building inspection, plan check, and permit services. On-call services are used during periods of staff vacancies and to assist with high-profile projects requiring additional inspection services. Furthermore, on-call services are utilized to augment current staffing for building inspection, plan check, and permit issuance backlog occurs in order to maintain service levels to the community.

In addition, Willdan offers services involving commercial and multi-family development accessibility compliance that are qualifying expenses under fees collected for Certified Access Specialist (CASp) (140) services through business license. The $1 fee is collected as part of Senate Bill 1186 to increase disability access and compliance with construction-related accessibility requirements and to develop educational resources for businesses in order to facilitate compliance with federal and state City of Orange Printed on 3/21/2024Page 1 of 2
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28 Item #: 3.3. 3/26/2024 File #: 24-0140
disability laws.

The agreement with Willdan Engineering will be funded with salary savings in the Building Division from the vacant Plan Check Engineer and vacant Senior Permit Technician positions.

7. ATTACHMENTS
· Agreement with Willdan Engineering
City of Orange Printed on 3/21/2024Page 2 of 2
powered by Legistar™
29 Agenda Item
City Council
Item #: 3.3. 3/26/2024 File #: 24-0140
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Agreement with Willdan Engineering for on-call building services.

3. RECOMMENDED ACTION
Approve the agreement with Willdan Engineering in the amount of $200,000 for on-call building services; and authorize the Mayor and City Clerk to execute on behalf of the City.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

In addition, Willdan offers services involving commercial and multi-family development accessibility compliance that are qualifying expenses under fees collected for Certified Access Specialist (CASp) (140) services through business license. The $1 fee is collected as part of Senate Bill 1186 to increase disability access and compliance with construction-related accessibility requirements and to develop educational resources for businesses in order to facilitate compliance with federal and state City of Orange Printed on 3/21/2024Page 1 of 2
powered by Legistar™
30 Item #: 3.3. 3/26/2024 File #: 24-0140
disability laws.

The agreement with Willdan Engineering will be funded with salary savings in the Building Division from the vacant Plan Check Engineer and vacant Senior Permit Technician positions.

7. ATTACHMENTS
· Agreement with Willdan Engineering
City of Orange Printed on 3/21/2024Page 2 of 2
powered by Legistar™
31 PROFESSIONAL SERVICES AGREEMENT
[On-Call Building & Safety Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ________________, 2024 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and WILLDAN ENGINEERING, a California corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, and on an on-call basis, as further described herein, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A ,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s bu siness and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Evan Zeisel, Building Official (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. It is understood that services described in the Scope of Work will be provided on an on -call and as -needed basis, determined at the sole discretion of the City. City neither warrants nor guarantees any minimum or maximum compensation paid to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement.

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

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

32 2

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any authorized extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

5. 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 Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, 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 Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equi pment which may be required for furnishing services pursuant to this Agreement. 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 it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered 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, dental, long-term disability or workers' compensation insurance benefits.

33 3

7. Contractor Not Agent. 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.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur ad ditional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

34 4
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 agrees to 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, mental 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 Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. 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 consultant 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.

17. Indemnity.

(1) 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 Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreeme nt, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active 35 5
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgmen t that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. 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 Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the 36 6
terms of the policy, but only with respect to the work performed by Contractor under this Agreement. 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 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies 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. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in Califo rnia so long as such insurer pos sesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement 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.

k. 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 to 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.

37 7
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. 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 costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to 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.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” 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 it, and any subcontractor under it, shall pay not less than the specified p revailing rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site 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.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement 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
38 8

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement 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 Agreement 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.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City, its officers, officials, agents 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 regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall 39 9
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 Agree ment shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. 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”

Willdan Engineering City of Orange
650 E. Hospitality Lane, Suite 250 300 E. Chapman Avenue San Bernardino, CA 92408-3317 Orange, CA 92866-1591 Attn.: Patrick Johnson, P.E., CBO Attn.: Evan Zeisel

Telephone: 909-386-0200 Telephone: 714-744-7201
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement 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]

40 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

WILLDAN ENGINEERING, a California CITY OF ORANGE, a municipal corporation 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: City requires the following signature(s) on behalf of the Contractor:
-- (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 City.

√MMC

41 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
42 BUILDING PLAN REVIEW WILLDAN PERCENTAGE*
All plan review through 3 reviews 65% of fee collected
Hourly rates will apply for any reviews beyond three to approval.

SERVICE PROVIDED HOURLY RATE
Plan Check Engineer/Architect $135
ICC Certified Plans Examiner $125
CASp Services $125
Building Inspector $ 95
Sr. Building Inspector $105
Permit Technician $ 75
Building Official $155
Effective Dates: 1/1/2024 to 06/30/2025
43 Agenda Item
City Council
Item #: 3.4. 3/26/2024 File #: 24-0141
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Second Amendment to Agreement with Amber Gregg, Inc. for Planning consulting services.

2. SUMMARY
Second Amendment to the Agreement with Amber Gregg, Inc. to increase the contract amount by an additional $90,000.

3. RECOMMENDED ACTION
Approve the amendment to agreement with Amber Gregg, Inc. for planning consultant services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $90,000 and will be funded through:
100.6021.51670.00000 General Fund (100) Other Professional & Consulting

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

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

6. DISCUSSION AND BACKGROUND
Amber Gregg Inc. provides planning consulting services to local jurisdictions. As part of those services, Amber Gregg, Inc. offers staff of various backgrounds and expertise to perform services that include the review and approval of plan checks pertaining to Accessory Dwelling Units (ADUs).

Amber Gregg Inc. is currently managing 26 applications for the City and retains capacity to process up to five new applications for week. The services include 15-20 hours per week providing initial ADU application review, sending comment letters, meeting with applicants, responding to inquiries, streamlining the ADU review process, and reviewing revised plans and documents.

The City retained planning staff services from Amber Gregg Inc. in June 2022 to support the Planning Division during ongoing recruitment to fill vacant Planner positions. This Amendment continues Planning Division support in order to maintain a high level of customer service and continue to meet customer and organizational expectations of timely application processing. Salary savings from the City of Orange Printed on 3/21/2024Page 1 of 2
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44 Item #: 3.4. 3/26/2024 File #: 24-0141
customer and organizational expectations of timely application processing. Salary savings from the vacant planning positions will be used to fund the contract as needed until the vacant positions are filled and staff is trained to process the ADU applications received.

7. ATTACHMENTS
· Second Amendment to Agreement with Amber Gregg, Inc.

City of Orange Printed on 3/21/2024Page 2 of 2
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45 Agenda Item
City Council
Item #: 3.4. 3/26/2024 File #: 24-0141
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Second Amendment to Agreement with Amber Gregg, Inc. for Planning consulting services.

2. SUMMARY
Second Amendment to the Agreement with Amber Gregg, Inc. to increase the contract amount by an additional $90,000.

3. RECOMMENDED ACTION
Approve the amendment to agreement with Amber Gregg, Inc. for planning consultant services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $90,000 and will be funded through:
100.6021.51670.00000 General Fund (100) Other Professional & Consulting

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

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

The City retained planning staff services from Amber Gregg Inc. in June 2022 to support the Planning Division during ongoing recruitment to fill vacant Planner positions. This Amendment continues Planning Division support in order to maintain a high level of customer service and continue to meet customer and organizational expectations of timely application processing. Salary savings from the City of Orange Printed on 3/21/2024Page 1 of 2
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46 Item #: 3.4. 3/26/2024 File #: 24-0141
customer and organizational expectations of timely application processing. Salary savings from the vacant planning positions will be used to fund the contract as needed until the vacant positions are filled and staff is trained to process the ADU applications received.

7. ATTACHMENTS
· Second Amendment to Agreement with Amber Gregg, Inc.

City of Orange Printed on 3/21/2024Page 2 of 2
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47 SECOND AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Planning Consulting Services]

THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 2024, by and between the CITY OF ORANGE, a municipal corporation ( “City”), and AMBER GREGG, INC., a California corporation, dba COMMUNITY CATALYST (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7509) dated June 5, 2023, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor amended the Original Agreement to increase the compensation by a First Amendment to Professional Services Agreement (Agreement No. 7509.1) dated October 10, 2023, which is incorporated herein by this reference (the “First Amendment”); and

C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to increase 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 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 2.a of the Original Agreement is increased by NINETY THOUSAND DOLLARS and 00/100 ($ 90,000.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED EIGHTY-SIX THOUSAND DOLLARS and 00/100 ($186,000.00) without the prior written authorization of City.”

Section 4. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the 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.
48 2

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

“CONTRACTOR” “CITY”

AMBER GREGG, INC., a California CITY OF ORANGE, a municipal corporation corporation, dba COMMUNITY CATALYST

*By: By:

Printed Name: Amber Gregg Daniel R. Slater, Mayor
Title: Principal and Owner

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta, 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.

√MMC

49 Agenda Item
City Council
Item #: 3.5. 3/26/2024 File #: 24-0121
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $77,592.10 in revenue from Recreation Classes and User Group Maintenance Fees.

2. SUMMARY
Collected revenues are recommended to be appropriated for Fiscal Year 2023-2024 payments for contract class instructors for the City’sRecreation class programs and reimbursement from User Group Maintenance Fees to the City for sports field maintenance costs.

3. RECOMMENDED ACTION

1. Accept into the City’s General Fund revenue budget $77,592.10 in recreation class revenue and user group maintenance fees to:
100.7001.46540.00000 Recreation Classes $54,055.40
100.7022.42480.00000 User Group Maintenance Fees $23,536.70

2. Authorize the General Fund appropriation of $61,375.48 to:
100.7011.51670.00000 Other Prof. & Consulting Services $37,838.78 100.7022.51424.00000 User Group Maintenance $23,536.70

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from these programs will fund the expense for the programs

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

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

6. DISCUSSION AND BACKGROUND
Recreation Class Programs
The City offers recreational classes to the community through quarterly sessions conducted by contract instructors. Each contract instructor sets their class rates and agrees to a revenue sharing model (percentage split), wherein the City retains a portion of the revenue generated by class registration. Contract Class instructors are paid their revenue share through the General Fund (100) City of Orange Printed on 3/21/2024Page 1 of 3
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50 Item #: 3.5. 3/26/2024 File #: 24-0121
registration. Contract Class instructors are paid their revenue share through the General Fund (100) after the quarter is completed.

Historically, the City has budgeted both revenue and expenditures for the Recreation classes through the annual budget process. With the Community Services Department’sexpansion of services and other programming, the City Council approved modifications to the contract class budget to direct limited resources to other programs without significantly impacting the General Fund (100). The Fiscal Year 2023-2024 (FY24) expenditure budget was reduced, and the revenue portion was not budgeted. Therefore, beginning FY24, staff periodically requests that the City Council accept unbudgeted revenue generated through the contract class program into the budget and appropriate a percentage of that revenue into the expenditure budget to pay the contract class instructors. This method allows the City to use program revenue to pay the contract class instructors, better linking the revenue to the corresponding expenditure and minimally impacting the existing General Fund (100) balance.

The winter 2024 contract class quarter, which generally encompasses January, February, and part of March, concluded on March 16, 2024. The winter class revenue received in FY24 is $54,055.40. At this time, staff is requesting that this revenue be accepted into the City’sFY24 budget. Additionally, staff is requesting $37,838.78 of the revenue be appropriated into the corresponding expenditure account to compensate the instructors for the quarter.

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

The City billed a total of $8,426.69 to six user groups for applicable field maintenance at El Modena Park this Fiscal Year to date. These groups are CSR, Olive Pony, Orange Lutheran High School, Oso Baseball, and Stars and Delta. Additionally, the City billed an additional $15,110 to South Sunrise Little League for recent infield renovations per their request at McPherson Athletic Facility.

Therefore, staff is requesting that a total of $23,536.69 be accepted into the City revenue budget and then be appropriated into the corresponding expenditure account to cover these maintenance expenses.

The summary of revenue sources is below.

Summary of Revenue Sources
The total revenue appropriation request is $ $77,592.10 Revenue Source Total Collected Location
Recreation Classes 54,055.40 Various
CSR 3,537.35 El Modena Park
Olive Pony 3,531.72 El Modena Park
Orange Lutheran High School 1,126.35 El Modena Park
Oso Baseball 108.03 El Modena Park
Stars and Delta 123.25 El Modena Park
South Sunrise Little League 15,110.00 McPherson Athletic Facility Total $77,592.10
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51 Item #: 3.5. 3/26/2024 File #: 24-0121
Revenue Source Total Collected Location
Recreation Classes 54,055.40 Various
CSR 3,537.35 El Modena Park
Olive Pony 3,531.72 El Modena Park
Orange Lutheran High School 1,126.35 El Modena Park
Oso Baseball 108.03 El Modena Park
Stars and Delta 123.25 El Modena Park
South Sunrise Little League 15,110.00 McPherson Athletic Facility Total $77,592.10

7. ATTACHMENTS
· None
City of Orange Printed on 3/21/2024Page 3 of 3
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52 Agenda Item
City Council
Item #: 3.5. 3/26/2024 File #: 24-0121
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $77,592.10 in revenue from Recreation Classes and User Group Maintenance Fees.

3. RECOMMENDED ACTION

1. Accept into the City’s General Fund revenue budget $77,592.09 in recreation class revenue and user group maintenance fees to:
100.7001.46540.00000 Recreation Classes $54,055.40
100.7022.42480.00000 User Group Maintenance Fees $23,536.70

2. Authorize the General Fund appropriation of $64,931.02 to:
100.7011.51670.00000 Other Prof. & Consulting Services $37,838.78 100.7022.51424.00000 User Group Maintenance $23,536.70

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from these programs will fund the expense for the programs

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

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

6. DISCUSSION AND BACKGROUND
Recreation Class Programs
The City offers recreational classes to the community through quarterly sessions conducted by contract instructors. Each contract instructor sets their class rates and agrees to a revenue sharing model (percentage split), wherein the City retains a portion of the revenue generated by class registration. Contract Class instructors are paid their revenue share through the General Fund (100) City of Orange Printed on 3/21/2024Page 1 of 3
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53 Item #: 3.5. 3/26/2024 File #: 24-0121
registration. Contract Class instructors are paid their revenue share through the General Fund (100) after the quarter is completed.

The summary of revenue sources is below.

Summary of Revenue Sources
The total revenue appropriation request is $ $77,592.10 Revenue Source Total Collected Location
Recreation Classes 54,055.40 Various
CSR 3,537.35 El Modena Park
Olive Pony 3,531.72 El Modena Park
Orange Lutheran High School 1,126.35 El Modena Park
Oso Baseball 108.03 El Modena Park
Stars and Delta 123.25 El Modena Park
South Sunrise Little League 15,110.00 McPherson Athletic Facility Total $77,592.10
City of Orange Printed on 3/21/2024Page 2 of 3
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54 Item #: 3.5. 3/26/2024 File #: 24-0121
Revenue Source Total Collected Location
Recreation Classes 54,055.40 Various
CSR 3,537.35 El Modena Park
Olive Pony 3,531.72 El Modena Park
Orange Lutheran High School 1,126.35 El Modena Park
Oso Baseball 108.03 El Modena Park
Stars and Delta 123.25 El Modena Park
South Sunrise Little League 15,110.00 McPherson Athletic Facility Total $77,592.10

7. ATTACHMENTS
· None
City of Orange Printed on 3/21/2024Page 3 of 3
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55 Agenda Item
City Council
Item #: 3.6. 3/26/2024 File #: 24-0187
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Appropriation of $36,000 in designated donation funding received from the Friends of Orange Public Library.

2. SUMMARY
Donation funds from the Friends of Orange Public Library will be used to enhance and expand the Library’s collections, programming, and resources.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $36,000 in donation funds from the Friends of Orange Public Library to:
100.2001.48390.19990 General Fund Donations

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from the Friends of Orange Public Library will fund the expense for these services.

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

6. DISCUSSION AND BACKGROUND
The Friends of Orange Public Library (Friends) are donating $36,000 to meet various Library needs, including:

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56 Item #: 3.6. 3/26/2024 File #: 24-0187
· $17,300 to provide digital resources for the public.
· $10,000 to purchase nonfiction materials for all ages for the three Library locations. · $5,700 for programs and exhibits for all ages for the three Library locations. · $3,000 for professional development and staff training.

The Orange Public Library will publicize the Friends’contributions in a variety of ways, including bookplates and plaques where appropriate, and credit for programming support on the Library’s website, flyers, and social media.

7. ATTACHMENTS
· None
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57 Agenda Item
City Council
Item #: 3.6. 3/26/2024 File #: 24-0187
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Appropriation of $36,000 in designated donation funding received from the Friends of Orange Public Library.

2. SUMMARY
Donation funds from the Friends of Orange Public Library will be used to enhance and expand the Library’s collections, programming, and resources.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $36,000 in donation funds from the Friends of Orange Public Library to:
100.2001.48390.19990 General Fund Donations

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from the Friends of Orange Public Library will fund the expense for these services.

6. DISCUSSION AND BACKGROUND
The Friends of Orange Public Library (Friends) are donating $36,000 to meet various Library needs, including:

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58 Item #: 3.6. 3/26/2024 File #: 24-0187
· $17,300 to provide digital resources for the public.
· $10,000 to purchase nonfiction materials for all ages for the three Library locations. · $5,700 for programs and exhibits for all ages for the three Library locations. · $3,000 for professional development and staff training.

7. ATTACHMENTS
· None
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59 Agenda Item
City Council
Item #: 3.7. 3/26/2024 File #: 24-0207
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with Pavement Coatings Co. for Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024 (Bid No. 23-24.03; SP-4259).

2. SUMMARY
The City of Orange entered into a contract with Pavement Coatings Co. for the Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024. Due to the existing field conditions and favorable bid unit prices, extra work and additional streets have been added in the amount of $117,773.

3. RECOMMENDED ACTION
Approve the First Amendment to Contract with Pavement Coatings Co. in the amount of $55,923 for the additional work; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $736,273 and will be funded in “Annual Slurry Seal at Various Locations through:
274.5011.36330.13120 Road Maintenance and Rehabilitation $718,607 500.5032.56100.16302 Minor Traffic Control $ 17,666
Total $736,273

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

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

6. DISCUSSION AND BACKGROUND
The City Council awarded the Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024 on September 12, 2023, to Pavement Coatings Co.

During construction, additional work was added due to existing field conditions that required more pavement removal. One street was also added to improve pavement conditions. The extra work was agreed at the bid unit prices in the amount of $55,923 which represents a 8.22% increase from the awarded contract amount of $680,350. Staff is recommending that the City Council approves the first amendment to the contract in the amount of $55,923 bringing the total awarded contract amount to City of Orange Printed on 3/21/2024Page 1 of 2
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60 Item #: 3.7. 3/26/2024 File #: 24-0207
amendment to the contract in the amount of $55,923 bringing the total awarded contract amount to $736,273.

7. ATTACHMENTS
· First Amendment to Contract
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61 Agenda Item
City Council
Item #: 3.7. 3/26/2024 File #: 24-0207
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with Pavement Coatings Co. for Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024 (Bid No. 23-24.03; SP-4259).

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

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

6. DISCUSSION AND BACKGROUND
The City Council awarded the Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024 on September 12, 2023, to Pavement Coatings Co.

During construction, additional work was added due to existing field conditions that required more pavement removal. One street was also added to improve pavement conditions. The extra work was agreed at the bid unit prices in the amount of $55,923 which represents a 8.22% increase from the awarded contract amount of $680,350. Staff is recommending that the City Council approves the first amendment to the contract in the amount of $55,923 bringing the total awarded contract amount to City of Orange Printed on 3/21/2024Page 1 of 2
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62 Item #: 3.7. 3/26/2024 File #: 24-0207
amendment to the contract in the amount of $55,923 bringing the total awarded contract amount to $736,273.

7. ATTACHMENTS
· First Amendment to Contract
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63 FIRST AMENDMENT
TO

CONTRACT
[Annual Slurry Seal at Various Locations, FY 23-24 (Bid No. 23-24.03; SP-4259)]

THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment to Contract”) is made and ente red into as of ___ ______________, 2024 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and PAVEMENT COATINGS CO ., a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Contract ( Agreement No. 7 570) dated as of September 12, 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 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. 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 FIFTY-FIVE THOUSAND NINE HUNDRED TWENTY-TWO DOLLARS and 76/100 ($55,922.76) 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 SIX

HUNDRED SEVENTY-FOUR THOUSAND FOUR HUNDRED TWENTY-
TWO DOLLARS and 76/100 ($674,422.76) 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 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 requi rements 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.”
64 2

“c. The total amount of compensation under this Contract, including contingencies, shall not exceed SEVEN HUNDRED THIRTY-SIX THOUSAND TWO HUNDRED SEVENTY-TWO DOLLARS and 76/100
($736,272.76).”

Section 4. 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]

65 3

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

“CONTRACTOR” “CITY”

PAVEMENT COATINGS CO., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta, 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.

√
66 67
Agenda Item
City Council
Item #: 3.8. 3/26/2024 File #: 24-0122
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Notice of Completion and Acceptance for Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths project.

2. SUMMARY
The City entered into a contract with ONYX Paving Company, Inc., (AGR-7621) for parking lot pavement rehabilitation at McPherson Athletic Facility, Serrano Park, Fred Barrera Park, Santiago Hills Park, and Hart Park and the resurfacing of bike trails and walking paths along the El Modena and Santiago Creek Trails. The work has been completed to the satisfaction of the Community Services Department.

3. RECOMMENDED ACTION

1. Accept Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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68 Agenda Item
City Council
Item #: 3.8. 3/26/2024 File #: 24-0122
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Notice of Completion and Acceptance for Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths project.

3. RECOMMENDED ACTION

1. Accept Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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69 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk

[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE

NOTICE IS HEREBY GIVEN that work on that certain public work a nd improvements known as “Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths (AGR. 7621)” (herein referred to as the ‘Project’), for the owner, the City of Orange, a municipal corporation (herein referred to as the ‘City’), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on March 12, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project was performed at McPherson Athletic Facility: 333 S. Prospect Ave., 9286 9; Serrano Park: 2349 Apache Creek Dr., 92869; Fred Barrera Park: 8380 E. Serrano Ave., 92869; Santiago Hills Park: 8040 E. White Oak Ridge, 92869; Hart Park: 701 S. Glassell St., 92866; and along the El Modena and Santiago Creek Trails in the City of Orange. The Contractor who performed (or caused to be performed) said public work and improve ments was ONYX Paving Company, Inc., with its principal office at 2890 E. La Cresta Ave., Anaheim, CA 92806.

The name of the surety on the performance and payment bond for the Project is ‘SiriusPoint America Insurance Company’ performance and payment bond. Bond No. SPA 150329013 in the amount of $7,704.

DATED as of the 12th day of March 2024. CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE

I, Daniel R. Slater , Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 12th day of March 2024.

Daniel R. Slater, Mayor, City of Orange

I, Pamela Coleman , City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
70 Agenda Item
City Council
Item #: 3.9. 3/26/2024 File #: 24-0203
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Sections 12.32.070, 12.32.080, 12.32.090, and 12.32.110 of the Orange Municipal Code related to tree removal process. Ordinance No. 04-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 12, 2024.

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

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 04-24.

4. ATTACHMENTS
· Ordinance No. 04-24
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71 Agenda Item
City Council
Item #: 3.9. 3/26/2024 File #: 24-0203
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 12, 2024.

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

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 04-24.

4. ATTACHMENTS
· Ordinance No. 04-24
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72 ORDINANCE NO. 04-24

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ORANGE AMENDING
SECTIONS 12.32.070, 12.32.080, 12.32.090 AND

12.32.110 OF THE ORANGE MUNICIPAL

CODE RELATED TO TREE REMOVAL

PROCESS

THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:

SECTION I:

The subject Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a "project" as defined in Guideline 15378.

SECTION II:

Section 12.32.070, “Tree Preservation – Criteria for Permits,” Section 12.32.080 “Tree Preservation – Permit Conditions,” Section 12.32.090 “Tree Preservation – Referral to Other Departments,” and Section 12.32.110 “Tree Preservation – Subdivisions or Grading Plan – Procedure and Requirements” of the Orange Municipal Code are hereby amended to read as follows:

12.32.070 – Criteria for Permits.

The Director of Public Works, in determining whether or not to issue a permit, shall base their decision upon the following:

A. The condition of the tree with respect to disease, general health, danger of falling, proximity to existing or proposed structures, and interference with utility service; B. The topography of land and the effect of the tree removal on erosion, soil retention and the diversion or increased flow of surface waters;
C. The number of trees existing in the neighborhood, the standards, if any, in the neighborhood relating to the existence and distribution of trees, and the effect of tree removal upon property values in the area, and upon the public health, safety, prosperity, beauty and general welfare of the area;
D. The number of healthy trees that the parcel of land upon which such tree is growing will support and other good forestry practices.

12.32.080 – Permit Conditions.

In granting a permit, the Director of Public Works may attach reasonable conditions to ensure compliance with the intent and purpose of this chapter, including conditions to ensure the 73 2
planting of replacement trees. Standards for trees to replace those trees for which a removal permit has been issued in the course of residential development shall be established from time to time by resolution of the City Council. The granting of a permit to remove any tree or trees may be conditioned upon compliance with said resolution.

12.32.090 – Referral to Other Departments.

The Director of Public Works may refer an application to any other department, or commission or committee for a report and recommendation.

12.32.110 – Subdivisions or Grading Plan – Procedure and Requirements.

A. In the case of a subdivision, or grading plan, the grading plan shall show the location of each tree proposed to be removed. If the City approves the subdivision map, or grading permit, the Director of Public Works may, in their discretion, relieve the applicant of the necessity to apply for a separate permit for tree removal.

B. No permit shall be granted to remove healthy non-hazardous trees from any real property unless another use is to be commenced on the real property within 90 days after removal of such trees.

SECTION III:

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

SECTION IV:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ___________________, 2024.

Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
74 3
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 12th day of March, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______________, 2024, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
75 Agenda Item
City Council
Item #: 3.10. 3/26/2024 File #: 24-0198
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize blanket purchase order for annual maintenance of various hardware and software from Sidepath, Inc.

2. SUMMARY
The Information Technology Department utilizes many technologies (including hardware, software, and services) from Sidepath, Inc. The various technologies listed in the attached document have associated annual maintenance costs that are required to keep those technologies up to date and supported by the listed vendors.

3. RECOMMENDED ACTION
Approve blanket purchase order for annual maintenance of various hardware and software items from Sidepath, inc. for $268,309.86.

4. FISCAL IMPACT
The expense for this purchase is $268,309.86 and will be funded through Information Systems Operations (780):
780.1601.51420.00000 Maintenance Contracts $109,042.65 780.1601.53915.00000 Annual Software License and Maintenance $ 87,175.58 790.1601.56033.20339 Network Refresh $ 41,251.63 780.1601.51670.00000 Other Professional & Consulting Services $ 30,840.00 Total $268,309.86

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
Rather than bringing individual items to City Council for every purchase, staff is requesting approval of a blanket purchase order to cover all annual maintenance items provided by Sidepath, Inc.

Sidepath, Inc. provided pricing to the City through NASPO cooperative agreements for most of the technologies on the list and several of the items have previously been approved by the City Council.

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76 Item #: 3.10. 3/26/2024 File #: 24-0198
technologies on the list and several of the items have previously been approved by the City Council.

The Information Technology (IT) Department spends more than $30,000 in a rolling year with Sidepath, Inc. and as such, the blanket purchase order will be a more efficient method for both City Council approval and payment processing. The IT Department is dependent on Sidepath for maintaining all hardware, software, and services that keep the IT infrastructure healthy and secure.

The attached list contains annual support from the following vendors that are provided through Sidepath, Inc.: Dell (Servers, and Storage), Palo Alto (Security Firewalls), Ruckus (Network Switching and Wireless), Veeam (Backup and Recovery), Blackberry Cylance (end point protection), VMware (Virtualization), and Sidepath, Inc. (professional services).

Sidepath, Inc. has a deep understanding of all the technology infrastructure that the City uses and is uniquely positioned to provide technical support and implementation services related to servers, storage, networking, and security. This year we will leverage their expertise to provide an immutable cloud based backup solution to further protect the City from ransomware attacks.

7. ATTACHMENTS
· IT Sidepath Asset List
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77 Agenda Item
City Council
Item #: 3.10. 3/26/2024 File #: 24-0198
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize blanket purchase order for annual maintenance of various hardware and software from Sidepath, Inc.

3. RECOMMENDED ACTION
Approve blanket purchase order for annual maintenance of various hardware and software items from Sidepath, inc. for $268,309.86.

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

Sidepath, Inc. provided pricing to the City through NASPO cooperative agreements for most of the technologies on the list and several of the items have previously been approved by the City Council.

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78 Item #: 3.10. 3/26/2024 File #: 24-0198
technologies on the list and several of the items have previously been approved by the City Council.

7. ATTACHMENTS
· IT Sidepath Asset List
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79 vendor product serial number support exp
cost to renew
support
Dell Civic Dell/EMC Connectrix DS-6610B (HA Pair 1) BRCEZL4002P00R 5/13/2024 1,275.95$ Dell Civic Dell/EMC Connectrix DS-6610B (HA Pair 2) BRCEZL4002P00V 5/13/2024 1,275.95$ Dell OPD Dell/EMC Connectrix DS-6610B (HA Pair 1) BRCEZL4002P00K 5/13/2024 1,275.95$ Dell OPD Dell/EMC Connectrix DS-6610B (HA Pair 2) BRCEZL4002P01F 5/13/2024 1,275.95$ Dell OPD-Prod SC9000 (8279) 8279 2/1/2024 31,093.76$
Palo Alto Advanced Threat Prevention subscription HA pair renewal PA-3220 16201008337 7/31/2024 5,557.23$ Palo Alto Advanced Threat Prevention subscription HA pair renewal PA-3220 16201017228 7/31/2024 5,557.23$ Palo Alto Global Protect subscription HA PA-3220 16201008337 7/31/2024 7,649.56$ Palo Alto Global Protect subscription HA PA-3220 16201017228 7/31/2024 7,649.56$ Palo Alto Premium support renewal, PA-3220 16201008337 7/31/2024 7,649.56$ Palo Alto Premium support renewal, PA-3220 16201017228 7/31/2024 7,649.56$ Palo Alto Premium support year 1 renewal, PA-820 12001015902 7/31/2024 1,408.81$ Palo Alto Premium support year 1 renewal, PA-820 12001015930 7/31/2024 1,408.81$ Palo Alto Premium support year 1 renewal, PA-820 12001074645 7/31/2024 824.46$ Palo Alto Subscription Advanced URL Filtering 1-year PA-3220 HA Pair 16201008337 7/31/2024 5,102.17$ Palo Alto Subscription Advanced URL Filtering 1-year PA-3220 HA Pair 16201017228 7/31/2024 5,102.17$ Ruckus
ICX7750-48XGC 48-port Management Module:

ICX7750-6Q 6-port QSFP 240G Module:

CRJ3332M01C
CUY3311M00W 3/16/2024 3,223.21$
Ruckus
ICX7750-48XGC 48-port Management Module:

ICX7750-6Q 6-port QSFP 240G Module:

CRJ3332M013
CUY3311M024 3/16/2024 3,223.21$
Ruckus
ICX7750-48XGF 48-port Management Module:

ICX7750-6Q 6-port QSFP 240G Module:

CRH3337M032
CUY3311M016 3/16/2024 3,223.21$
Ruckus
ICX7750-48XGF 48-port Management Module:

ICX7750-6Q 6-port QSFP 240G Module:

CRH3337M01K
CUY3311M01X 3/16/2024 3,223.21$
Ruckus ICX7750-48C CRJ3315P03M 3/16/2024 1,787.50$
Ruckus ICX7750-48C CRJ3315P045 3/16/2024 1,787.50$
Ruckus Ruckus Wireless premium watchdog controller SmartZone 100 3/27/2024 818.13$ VMware 31137599 2/20/2024
VMware 187805669 2/20/2024
VMware 188334196 2/20/2024
VMware 188334200 2/20/2024
VMware 188227768 2/20/2024
BlackBerry Cylance Protect and Optics N/A 3/1/2024 38,774.88$ Ruckus Procurement for 50 Ruckus R650 access points N/A N/A 41,251.63$ VMWare Vsphere foundation - 1 year prepaid commit - per core (352) 40,483.52$ 80 vendor product serial number support exp
cost to renew
support
Sidepath
Professional services for Veeam offsite backup target and Veeam knowledge transfer N/A N/A 22,590.00$
Sidepath Professional Services to consolidate to one vCenter N/A N/A 8,250.00$ Wasabi Wasabi - Reserved Capacity Storage Support 100 TB - 1 year term N/A N/A 7,917.18$ 268,309.86$
81 Agenda Item
City Council
Item #: 5.1. 3/26/2024 File #: 24-0224
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember John Gyllenhammer

1. SUBJECT
Letter of support for Santiago Canyon College’s community project. (Gyllenhammer)

2. SUMMARY
Request for City Council support to earmark funds from Senator Alex Padilla and Congresswoman Young Kim for Santiago Canyon College’s project to develop state-of-the-art career training instructional spaces to prepare students for in-demand occupations in the Water and Biotechnology Industries.

3. RECOMMENDED ACTION
Consider signing letter of support for Santiago Canyon College’s community project request.

4. ATTACHMENTS
· Letter of support
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82 Agenda Item
City Council
Item #: 5.1. 3/26/2024 File #: 24-0224
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember John Gyllenhammer

1. SUBJECT
Letter of support for Santiago Canyon College’s community project. (Gyllenhammer)

3. RECOMMENDED ACTION
Consider signing letter of support for Santiago Canyon College’s community project request.

4. ATTACHMENTS
· Letter of support
City of Orange Printed on 3/22/2024Page 1 of 1
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83 Draft
84 Agenda Item
City Council
Item #: 7.1. 3/26/2024 File #: 24-0073
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Orange Police Department 2023 Crime Report/General Overview.

2. SUMMARY
The 2023 Crime Report is prepared by the Orange Police Department and includes crime statistics and information on arrests and calls for service.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety. e: Develop and implement effective community outreach services and programs to promote public safety.

6. DISCUSSION AND BACKGROUND
In preparation for upcoming policy discussions related to the Fiscal Year 2024-2025 budget process, the City Council directed staff to provide a crime report for 2023. The attached report was prepared by the Orange Police Department and includes crime statistics along with the number of calls for service and arrests.

Also included is the Homeless Engagement and Resource Team (HEART) annual homeless report.

The 2023 Homeless and HEART report includes homeless related crime statistics and the progression of outreach services provided to the homeless community.

7. ATTACHMENTS
· 2023 Crime Report
· 2023 Police Annual Report
· 2023 Homeless and HEART Report
City of Orange Printed on 3/19/2024Page 1 of 1
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85 Agenda Item
City Council
Item #: 7.1. 3/26/2024 File #: 24-0073
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Orange Police Department 2023 Crime Report/General Overview.

2. SUMMARY
The 2023 Crime Report is prepared by the Orange Police Department and includes crime statistics and information on arrests and calls for service.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

Also included is the Homeless Engagement and Resource Team (HEART) annual homeless report.

The 2023 Homeless and HEART report includes homeless related crime statistics and the progression of outreach services provided to the homeless community.

7. ATTACHMENTS
· 2023 Crime Report
· 2023 Police Annual Report
· 2023 Homeless and HEART Report
City of Orange Printed on 3/19/2024Page 1 of 1
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86 TRUST ▪ CARE ▪ COMMITMENT

OFFICE OF THE CHIEF OF POLICE

Memorandum
To: Tom Kisela, City Manager

From: Dan Adams, Chief of Police

Date: March 4, 2024

Re: 2023 Crime Report
__________________________________________________________________________________ For over 50 years, our department, along with 18,000 other police departments, has been providing crime statistics to the FBI through the Uniform Crime Reporting (UCR) program. In January of 2021, the FBI shifted from utilizing the UCR Summary Reporting System (SRS) to collect crime data to the National Incident-Based Reporting System (NIBRS) as the national standard for crime data reporting. NIBRS is a much more comprehensive data collection system that captures details on each single crime incident as well as on separate offenses within the same incident.

For the 2022 data year, and to provide nationally representative data, the FBI still accepted UCR summary data submissions from agencies that had not yet fully transitioned. This interim measure ensured more complete data as agencies continue the transition to NIBRS. In late 2022, the FBI granted our department certification to transition to NIBRS.

Due to the transition and change in reporting requirements, a crime data comparison between the years of 2022 and 2023 cannot be reflected accurately, and therefore, will not be listed in this report. In accordance with NIBRS, crimes will now be listed in one of two category types – Crimes Against Persons or Crimes Against Property.
2023 Crimes Against Persons Offenses
• HOMICIDE - There was a total of 5 homicide offenses reported in 2023.

o One homicide involved a suspect who resides in an adult residential facility and stabbed another resident with a knife. The suspect was arrested.
o One homicide involved a gang member who shot and killed the victim during an argument. The suspect was identified and has been arrested.
*Negligent manslaughter including DUI and reckless driving are included per NIBRS . 87 o Three homicides involved vehicular manslaughter.
▪ One incident involved a suspect who was driving under the influence who killed two pedestrians. The suspect was arrested.
▪ One incident involved a suspect who failed to stop at a red light and killed a bicyclist. The suspect has been identified and the investigation is ongoing. • SEXUAL ASSAULT - There were 9 Sexual Assaults reported in 2023. o 2 incidents occurred after the victim met the suspect online. A suspect has been arrested in one incident and the victim in the other incident does not desire prosecution. o 1 incident occurred after the victim accepted a ride from a rideshare service. The victim does not desire prosecution.
o 1 incident occurred when the victim met the suspect in the parking lot of Walmart and agreed to enter his vehicle. The suspect was arrested.
o 1 incident occurred when the victim, a runaway, met the suspect as she walked along The City Dr. by the Outlets and agreed to walk with him to a secluded area. The victim does not desire prosecution.
o 4 of the incidents involved a suspect known to the victim (half-brother, acquaintance, and friend). ▪ In one incident, the case was sent to the District Attorney and was rejected for lack of sufficient evidence.
▪ In two incidents, the victims do not desire prosecution. ▪ One incident is still under investigation.
• AGGRAVATED ASSAULT - There were 206 Aggravated Assaults reported in 2023. o 44 aggravated assaults involved brandishing a weapon. o 61 aggravated assaults involved domestic violence.
o 11 aggravated assaults involved family members.
o 7 aggravated assaults involved child abuse/endangerment. o 15 aggravated assaults were gang related.
o 1 aggravated assault involved road rage and a firearm. o 11 aggravated assaults involved the use of a vehicle as the weapon. o 7 aggravated assaults were committed against police officers/medical personnel. o 6 aggravated assaults were related to bars (Paul’s, District Lounge, Second Base, Snooze, Capri Bar, and La Jaiva).
o 21 aggravated assaults involved incidents between roommates, friends, neighbors , acquaintances, co-workers.
o 22 aggravated assaults involved suspects not known to victims.  Suspects were arrested in 135 aggravated assaults. 19 of them were transients.

2023 Crimes Against Property Offenses
• ROBBERY - There were 97 reported Robberies in 2023.

o 25 out of the 97 robberies occurred at The Outlets.
*Robbery is now categorized under crimes against property, per NIBRS. 88 ▪ 17 of The Outlet Robberies were “Estes” robberies where the suspect(s) stole an item(s) from a commercial store and threatened force or used force when confronted by an employee. The force ranged from verbal threats, threat of a simulated weapon, brandishing a knife, brandishing a taser, brand ishing a firearm, and physical assaults including pushing/punching/etc.
▪ 1 of The Outlet Robberies was domestic violence related. ▪ 1 of The Outlet Robberies involved a carjacking.
▪ 5 of The Outlet Robberies involved groups of juvenile suspects. ▪ 1 of The Outlet Robberies involved 3 suspects who brandished a knife at a couple and demanded their property.
o 26 of the 97 robberies were street robberies. 4 occurred in city parks (Olive, Grijalva and Hart Park)
o 1 incident was a home invasion robbery.
o 3 incidents were carjackings.
o 11 incidents were robberies of commercial establishments (gas stations, businesses, bank). o 7 incidents were domestic violence related.
o 2 incidents occurred as the result of an online arrangement to meet and purchase an item. o 4 incidents involved family members/acquaintances/friends. o 1 incident resulted after a traffic collision.
o 1 incident involved a road rage incident in which a bicyclist cut off the suspect’s vehicle. o 3 incidents involved jugging in which the suspect(s) followed the victim to a location after they retrieved money from the bank or purchased a large amount of cigarettes and stole the items. o 13 incidents were Estes robberies that did not occur at The Outlets.  Suspects were arrested in 41 robberies. 8 of them were transients. • COMMERCIAL BURGLARY - There were 350 Commercial Burglaries reported in 2023. o There were 113 reported storage burglaries, 14 of which the report was generated online. o 228 commercial burglaries occurred at a variety of commercial establishments such as restaurants, retail/jewelry/department stores, gas stations, pharmacies, schools, medical clinics/hospitals, and other commercial buildings.
o There were 7 burglaries of smoke shop/liquor stores in which the suspect(s) targeted cash, cigarettes, and lottery scratchers. This type of burglary was not only occurring county wide, but throughout Southern California.
o There were 2 burglaries at BevMo . A commercial burglary crew from Los Angeles , usually consisting of 4 -5 suspects, was targeting BevMo Stores across Southern California , from San Diego to San Bernardino County. 3 known suspects were arrested by Menifee PD.  32 commercial burglary cases were linked to suspects who were arrested and charged. • RESIDENTIAL BURGLARY - There were 168 Residential/Garage Burglaries reported in 2023. o 125 burglaries were residential. 31 of the 125 residential burglaries backed up to a greenbelt, horse trail, hillside, or freeway access in which the suspects appeared to utilize. The typical method of operation is to enter the second story rear slider or window. 89 o Residential burglary crews from South America are targeting cities across Orange County. Their typical method of operation is to use rental cars to surveil neighborhoods and break into residences that appear unoccupied and often back up to a greenbelt or open land. o There were 43 garage burglaries.
 29 residential burglary cases were linked to suspects who were arrested and charged. • THEFT FROM VEHICLE - There were 501 Theft From Vehicles reported in 2023. o Top locations of th efts include: The Outlets and surrounding areas (38), 850/1000/1055/1110/1235 W. Town and Country (30), 3063/3099/3101 W. Chapman (22), and La Veta Monterey Condominiums (13).
 Suspects were arrested in 11 of the thefts from vehicles. 2 of them were transients. • STOLEN VEHICLE - There were 372 Stolen Vehicles reported in 2023. o Most common vehicles stolen: Chevy/GMC trucks (59), Ford trucks/vans (37) and Toyotas (41). o The Outlets and surrounding area had 27 stolen vehicles. o The other common theft locations are 3063/3099 W Chapman parking structures (8), and Town and Country parking structures (11).
 Suspects were arrested in 24 stolen vehicle reports. 2 of them were transients.

90 ORANGE POLICE DEPARTMENT
2023 CRIME STATISTICS
JAN
2023
FEB
2023
MAR
2023
APR
2023
MAY
2023
JUN
2023
JUL
2023
AUG
2023
SEP
2023
OCT
2023
NOV
2023
DEC
2023

CRIME CATEGORY
HOMICIDE 0 0 0 0 0 0 1 0 0 1 2 1
SEXUAL ASSAULT 3 1 0 2 0 0 0 0 1 1 0 1
AGGRAVATED ASSAULTS 12 21 11 10 17 24 22 20 15 20 12 22 CRIMES AGAINST PERSONS TOTAL 15 22 11 12 17 24 23 20 16 22 14 24

ROBBERY 8 5 7 7 8 6 6 7 9 17 10 7
COMMERCIAL BURGLARY 42 38 20 38 35 21 26 32 29 21 29 19 RESIDENTIAL BURGLARY 10 18 16 11 11 9 12 21 14 10 20 16 THEFT FROM VEHICLE 52 59 51 27 44 49 39 41 39 37 33 30
STOLEN VEHICLE 41 36 30 31 27 31 29 35 38 27 19 28
CRIMES AGAINST PROPERTY TOTAL 153 156 124 114 125 116 112 136 129 112 111 100

91 92

93 TRUST CARE COMMITMENT

TRUST CARE COMMITMENT
@CityofOrangePD
The Community Engagement Bureau participated in:
46 NeighborhoodWatchMeetings
Security Assessments,Construction Inspections, PlanChecks and Light Surveys 826
Community MembersParticipated in theCitizens’ Academy
75 Commercial
Burglary
Residential
Burglary
Theft from
Vehicle
Stolen
Vehicles
Property Crime
Homicide
Sexual
Assault
Robbery
Aggravated
Assault
Violent Crime
Assisted in community outreach events
64 Salary Savings
5,846
Hours Worked by Volunteers
$164,580

COMMITMENT

TO EXCELLENCE
It is my pleasure to present the Annual
Review of the Orange Police Department
for 2023! We have a great police
department with outstanding employees
and have proved developing and
maintaining trust and relationships with
the community makes us stronger
together. We are committed to continue
to strengthen those relationships.

Dan Adams
Police Chief

CRIME REPORT
The Support Services Division is comprised of
Personnel & Training, the Community Engagement
Bureau, and Communications Center. 1020
Sworn Officers Non-Sworn Staff
In 2023 we hired
Hours of Advanced Officer Trainingeach officer received21 94 1,154
Traffic
Collision
Investigations
7,587
Motor OfficerCitations Parking Citations
20,123

TRUST CARE COMMITMENT

JOIN OUR TEAM
@CityofOrangePD
The Investigative Services Division is comprised of the Records Bureau, Property & Evidence, Forensic
Services, Crime Analysis and several detective units
including Property and Economic Crimes, Crimes Against
Persons, Gang Unit, and Special Investigations Unit.

CasesInvestigated
6,766
Items CollectedInto Evidence
14,168
Special Operationsand ComplianceChecks
84 97,679
Calls for Service
165
Sheltered
6,132SubjectsContacted
The Homeless, Engagement, Assistance & Resource Team
was formed to implement innovative strategies in response to transient related activity. Working alongside our two Homeless Outreach Specialists, a clinician from the Orange County Centralized Assessment Team, and the Bike Team,
we are improving the quality of life for our community. 100
California Public
Records Act
Requests
Received and
Responded
13,432
ReportsProcessed
EmployeesCovering24/7
13 1,614
Crime, TrafficCollision and Callfor ServiceReports Releasedto the Public 11 D.U.I.

Checkpoints D.U.I.Arrests
658
14,563
Reports Arrests
6,117
4 min
Average ResponseTime (Emergency)
54,033
911 Calls Received
911 Calls Answered
Within 10 Seconds

99.05%
137,773
Non-emergency
Calls Processed
134Mental HealthFollow Ups
95 TRUST ▪ CARE ▪ COMMITMENT

OFFICE OF THE CHIEF OF POLICE
Memorandum
To: Tom Kisela, City Manager

From: Dan Adams, Chief of Police

Date: March 4, 2024

Re: 2023 Homeless and HEART Report
__________________________________________________________________________________ The Orange Police Department dedicates significant resources to the homeless community with a sergeant who oversees two officers assigned to the The Homeless, Engagement, Assistance, & Resource Team (H.E.A.R.T.), three officers assigned to the Bike Team, and two civilians assigned as Homeless Outreach Workers (H.O.S.). The teams will work together on clean-up efforts, respond to large encampments, enforcement, and special projects.

H.E.A.R.T. maintains an effective presence in the community by providing field support to homeless individuals. They are routinely called upon by field patrol officers, specialized units, City departments, and community members for short and long-term solutions related to homelessness. Their solutions include connecting the homeless with various types of shelters, rehabilitation, counseling services, family reunifications, and immediate basic needs. H.E.A.R.T will take enforcement action with persistent, repeat violations, and other issues that generally mandate enforcement (i.e. narcotics, vandalism, theft). The Bike Team’s focus remains primarily enforcement and will handle other community issues apart from homelessness.

In 2023, there were 3,882 homeless related calls for service (CFS) citywide, a 15% increase from 2022.

In 2023, the Bike Team, H.O.S. Team and H.E.A.R.T. made a total of 6,132 contacts throughout the City, which included non-homeless specific contacts and repeated contacts with homeless specific individuals. This was a 49% increase from 2022. There were 1,321 arrested for various crimes (e.g., warrants, trespassing, drug related activity, assaults, and theft). This was a 28% increase from 2022. 146 arrests were made for felony offenses (65% increase over 2022), and 1,175 arrests made for misdemeanor offenses (24% increase over 2022).

H.E.A.R.T. sheltered 165 homeless individuals. This is primarily a result of the team’s pro-active approach, but also includes referrals and relationship building. Approximately 104 individuals were sheltered from the City Resource Provider (The Hub OC) at 517 W. Struck Ave. The other 61 individuals were sheltered from areas throughout our City (Hart Park, El Camino Park, Train Depot, Creek Bed, etc.). This was a 38% increase in sheltered individuals and families from 2022 when only 120 accepted a shelter (see chart on following page). Other Shelters include Laura’s House, Yale Navigation Center, Olive Crest Host Families, Veteran Affairs, Salvation Army and Be Well Residential program. 96 2

The team continues to refer homeless individuals willing to accept shelter into the Placentia Navigation Center, the Buena Park Navigation Center, the Bridges at Kraemer Shelter, and HomeAid Family Care Center. The Orange Police Department remains one of the highest utilizers of these shelters. These locations continue to have COVID outbreaks which restricts them from allowing individuals into the facilities during their lock downs. Unfortunately, many of the sheltered individuals leave the shelters after a short time for a variety of reasons, including curfew violations, drug related violations and not wanting to follow the shelters’ code of conduct.

H.E.A.R.T. refers individuals into the Salvation Army Program and the Be Well Center in Orange for substance abuse-detox programs. In 2023, H.E.A.R.T. and H.O.S. were able to assist 17 individuals with admission into rehab programs. H.E.A.R.T also works weekly with the Orange County Outreach Team, offering various services to those in need (such as shelter, detox, medical, etc.). The Orange County Health Care Agency provides a Mental Health P.E.R.T. Clinician who accompanies H.E.A.R.T. every Monday and every other Thursday. The clinician serves as a valuable mental health resource for members of the homeless community and non-homeless residents. The clinician also brings knowledge about the county’s mental health and homeless related programs. In 2023, H.E.A.R.T. and the Mental Health Clinician conducted 134 mental health follow ups (54% increase from 2022), 18 mental health evaluations, and placed 13 individuals on mental health holds. These individuals were lodged at local hospitals, UCI Medical Center, St. Joseph Hospital, CHOC, Chapman Global, BeWell and the Crisis Stabilization Unit (CSU) in Santa Ana.

H.E.A.R.T. maintains relationships with private and government outreach groups, such as The Beacon of Orange, One Church in Orange, Micah’s Way, Mercy House, P.A.T.H., The Orange County Rescue Mission, Orange County Outreach Team, Orange County Health Care Agency, and the Volunteers of America who specialize in assisting homeless veterans. H.E.A.R.T. assisted them with acquiring food, showers, clothing, hygiene kits, medical attention, government documents, detox programs, and mental health services.
05101520253035404550Buena ParkNavigationCenterPlacentiaNavagationCenterBridges atKramerHomeAid *OtherSheltersReunification484228221312165 Individuals Sheltered at these Locations 97 3

H.E.A.R.T. collaborates with The Beacon of Orange, who funds and maintains a reserve of cash to be used for the homeless Re-Unification Program and other homeless related needs. This fund is called the HEART FUND and is comprised of cash donations given by different churches and organizations associated with One Church in Orange.

Through the Re-Unification Program, H.E.A.R.T. and H.O.S. were able to reunify two families this year.

One of the families was a family of nine that had two parents and seven children between the ages of one and ten. This family came to California from Ohio. The family was first contacted by H.E.A.R.T. while they were living in an RV parked on the streets. The RV had expired registration and was parked in an industrial area for many months. The family was connected with The HUB OC and were given access to food, showers, clothing, and other needs. The parents worked with The HUB OC, the H.O.S. team and other services but were unable to find temporary housing due to their large family size. The parents decided they wanted to return to Ohio after their extended family offered assistance. H.E.A.R.T. and H.O.S. purchased nine plane tickets for the family with the H.E.A.R.T. FUND. H.E.A.R.T. and the H.O.S. team transported the family to John Wayne Airport the next day for their flight back to Ohio.

There were 27 calls for service at The HUB OC in 2023, which was a 46% decrease from 2022. This success can be attributed to the management of The HUB OC, the relationship with the Police Department, and clientele who desire assistance. Only one call was classified as a major incident involving a weapon brandishing. 3 calls were medical aids, 4 were disturbance of peace calls, 6 involved a physical altercation, 1 was a welfare checks / 5150 evaluation, and 12 were other miscellaneous type calls.

As The HUB OC has become more well known in the community, there has been a noticeable increase in individuals loitering outside of the location along the curb. While there is no law prohibiting loitering, these individuals have been contacted for smoking marijuana, drinking alcohol, blocking the roadway with their personal belongings, parking illegally and having outstanding warrants. Additionally, H.E.A.R.T. and H.O.S. have contacted thousands of homeless individuals from surrounding Orange County Cities (primarily from Anaheim, Santa Ana, Garden Grove, Fullerton, Buena Park), states (Washington, Ohio, Florida, Nevada, Arizona, Colorado, etc.) and countries (Mexico, Peru, Iran, Italy, Ukraine). H.E.A.R.T. and H.O.S. continue to work with The HUB OC to provide these individuals with the most applicable resource needed for that specific individual.

The Bike Team and H.E.A.R.T. continue to maintain a working relationship with California Highway Patrol (C.H.P.) and Caltrans for state-related properties in and around the City. C.H.P. has supplemented the teams and helped with outreach and law enforcement along freeway ramps, underpasses, and non-state -related properties throughout the City. They also removed abandoned encampments, trash, and graffiti from multiple areas. Multiple arrests were made for trespassing, drugs, drug paraphernalia and warrants.

During 2023, the Bike Team, H.E.A.R.T., and H.O.S. participated in several multi-organizational outreach and cleanups. These cleanups took place in January, May, and September 2023.

The Bike Team, H.E.A.R.T., and C.H.P. continue to enforce trespassing laws along Santiago Creek between E. Chapman Ave. to the SR 22 freeway underpass. Most of the subjects located along the areas of Santiago Creek are trespassers/repeat offenders who abuse illicit narcotics, illegally lodge, conduct vandalism, and are responsible for various thefts throughout the City. The H.O.S. team provided outreach and resources to multiple individuals with opportunities to go to a shelter. Some were receptive to the 98 4

resource but none of them were willing to go to a shelter that had availability. The Bike Team and H.E.A.R.T. made approximately 378 arrests for a variety of offensives including trespassing in this area.

This was a 34% increase over 2022. See below chart for a breakdown of arrest locations.

In July 2023, the Bike Team, H.E.A.R.T., and H.O.S. teamed with the Union Pacific Railroad police, CityNet (outreach specialist) and a third-party work crew for a cleanup. The work crews utilized tractors and dump trucks to clear out encampments located near the railroad tracks, between the Santa Ana Riverbed and N. Main St. Multiple subjects were arrested for various crimes and were receptive to resources. These individuals also utilize the resources at The HUB OC and have been sheltered previously. H.E.A.R.T. and the Bike Team continue to patrol the railroad right of ways in an effort to prevent encampments from forming and collaborate with rail agencies such as, Metrolink, Union Pacific, and B.N.S.F. to address encampment issues early and to prevent those issues from occurring within the City. Since July 2023, there has not been a significant recurrence of encampments on the railroad.

In accordance with the Orange Municipal Code (O.M.C.), H.E.A.R.T. conducted outreach and enforcement for homeless subjects living in recreational vehicles throughout the City. H.E.A.R.T. received citizen complaints reference these vehicles congregating in the lots and dumping feces and urine along the pavement and grass areas. H.E.A.R.T. continues to offer outreach services, education of City ordinances, and following up with enforcement activity. H.E.A.R.T. used various enforcement methods to gain compliance through citations and OMC abandoned vehicle notices.

The North Orange County Service Planning Area (North SPA) provided $118,000 for collaborative efforts in 2023. These funds divided amongst the Police Department for enforcement, Public Works for trash clean-up, and Community Services for additional park security. Throughout the year, the Bike Team and 20346453723204172152840250 0050100150200250Santiago Creek &22 FWYSantiago Creek &5 FWYSantiago Creek &E. Chapman Ave.Santiago Creek &55 FWYSantiago Creek &Cambridge St.Santiago Creek &Main St.Santa AnaRiverbedNumber of Arrests Along the Santiago Creek20232022 99 5

H.E.A.R.T. have continued collaborating with Community Services and the Public Work for cleanups throughout the City. Most of the cleanups have taken place along Santiago Creek from Hart Park to Grijalva Park. During these clean ups, Public Works and community volunteers removed trash and abandoned property from the waterways. Public Works was present during the Cal Trans clean-ups.

Additionally, the City continues to contract with West Coast Arborists yearly to clear out brush and non- native plants along Santiago Creek. This effectively takes away the ability for repeat offenders to conceal themselves and their encampments. As a result of all these collaborations, approximately 200 encampments were removed throughout the City in 2023.

H.E.A.R.T. and the Bike Team continue to maintain open communication with the City Attorney’s Office to apply the O.M.C. in a manner consistent with recent civil litigation. The sections regarding camping in public and being in the park after closure still require verbal warnings before enforcement. The O.M.C. also contains a trespassing section related to business, section 9.35.010, to assist local businesses. In addition, the City Attorney’s office drafted a Director’s Order from the Community Services Director that implemented specifically prohibited activity in the parks. For example, O.M.C. 12.48.120 prohibited possession of multiple bicycle parts in the park and leaving property in the park after closure. H.E.A.R.T. provided the research material from neighboring cities to assist with the writing of order.

The Bike Team and H.E.A.R.T. also worked with the City’s Code Enforcement to address code- compliance violations. This has been an area of significant improvement related to problem vacant properties that have been since demolished. During 2023, there were no significant abandoned property issues.

H.E.A.R.T. continues to collaborate with other Orange County Agencies’ Homeless Liaison Officers (HLO) from Anaheim, Tustin, Santa Ana, Garden Grove, Buena Park, Brea, Placentia, Fullerton, Newport Beach, Huntington Beach, Laguna Beach, Irvine and Orange County Sheriff’s Department.

Upon receiving numerous case rejections from the Orange County District Attorney’s Office, H.E.A.R.T. and the Bike Team met with several attorneys from the District Attorney’s Office, Central Division. The purpose of the meeting was to stress the significance of homelessness to the community of Orange and to explain the detrimental impact not filing criminal cases has on the residents and businesses of Orange.

The result has been better communication and collaboration to ensure proper criminal filings and improved police reports.

In collaboration with its many public and private partners, H.E.A.R.T., Bike Team, and H.O.S. continue to build partnerships and closely monitor any homeless-related activities to reduce homelessness in the City of Orange.

100
Agenda Item
City Council
Item #: 7.2. 3/26/2024 File #: 24-0049
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with Insight Public Sector, Inc. for Flock Safety cameras, web-based software, and services for the Police Department.

2. SUMMARY
Lease and installation of Flock Safety cameras, web-based software, and services for the Orange Police Department through OMNIA Partners Contract No. 23-6692-03, two-year agreement with Insight Public Sector, Inc., of Chandler, Arizona, in the amount of $411,980. The total amount of $411,980 includes a lease and installation cost of $399,980, plus a 3% contingency of $12,000.

3. RECOMMENDED ACTION

1. Approve the agreement with Insight Public Sector Inc. in the amount of $411,980, representing a lease and installation cost of $399,980, plus a 3% contingency of $12,000, for Flock Safety cameras, web-based software, and services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $399,980 from Capital Bond Proceeds (553) unreserved fund balance to expenditure account number 553.4011.56033.20549, Capital Bond Proceeds - Flock Safety cameras.

4. FISCAL IMPACT
The expense for this agreement is $411,980 and will be funded through:
553.4011.56033.20549 Flock Safety Cameras $399,980
355.4011.55131.00000 Equipment Additions $ 12,000
Total $411,980

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

City of Orange Printed on 3/21/2024Page 1 of 3
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101
Item #: 7.2. 3/26/2024 File #: 24-0049

6. DISCUSSION AND BACKGROUND
The City of Orange is home to many retail establishments that are targets for organized retail theft, as well as other crimes, as perpetrators can quickly and easily access freeways in any direction and escape apprehension. It is imperative that the Orange Police Department leverage additional resources to supplement our current community oriented policing model with a technology driven policing approach to reducing crime. The addition of Automated License Plate Reader (ALPR) and live stream video cameras in fixed locations throughout the City will provide greater deterrence, coverage, and more detailed information for law enforcement to solve cases.

The Police Department’soriginal provider of ALPR cameras was Vigilant Solutions (Vigilant). Vigilant cameras were first procured in 2018, the purchase included five years of hardware warranty and three years of hosting services, commercial data, and equipment to outfit four police vehicles for approximately $160,879. Additionally, staff added two additional mobile solar powered ALPR systems in 2021 to focus on hot spot areas for approximately $5,000. During Fiscal Year 2023-2024, the Police Department upgraded the mobile audio video in-car camera system (Axon Fleet 3) providing ALPR technology in all patrol vehicles. This new technology increased the patrol fleet from four to 50 ALPR-equipped vehicles. As a result, Vigilant brand ALPR cameras are no longer in deployment.

To combat organized retail crime and enhance investigative abilities for all crimes, the Police Department, with the support of city staff, will establish a fixed ALPR and live stream video camera system that will cover targeted areas of the City. These cameras can communicate license plate information in the same manner as the in-car mobile ALPR cameras. Fixed position cameras will be installed at major entry and egress points in the City to scan vehicles and license plates into a web- based platform to provide real-time alerts and intelligence. This database allows other law enforcement agencies utilizing Flock cameras to share ALPR information and locations further assisting in apprehending criminals.

Staff pursued a proposal from Flock Safety that resulted in a scope inclusive of 43 fixed ALPR cameras, 13 live stream video cameras, and 235 third-party streaming integration services to provide a desirable approach to integrating cameras throughout the community. This also includes a two-year subscription to Flock OS Advanced which will allow all video and data to be viewed and monitored through a single platform. Additionally, third-party streaming integration allows the department to bring in non-Flock camera streams into the Flock OS platform. All footage is encrypted throughout its entire lifecycle through Amazon Web Services (AWS) cloud storage and Key Management Service- based encryption. All Criminal Justice Information Services (CJIS) data is stored in the AWS GovCloud and is only available to law enforcement agencies. The Flock program is an all-inclusive model for deploying cameras. Flock Safety is the sole manufacturer and developer of the cameras and identifies Insight Public Sector, Inc. (Insight), currently maintaining OMNIA Partners, Contract No. 23-6692-03, as the reseller of the cameras.

There are several other differences between Flock and other ALPR companies. Most notably they are the only manufacturer and service provider that leases ALPR services. Others require the city to purchase equipment. The key benefits of Flock are that they charge an annual flat rate subscription fee per camera of $3,000, which is wireless, free of infrastructure setup, and has the option for solar or direct power. Flock also includes a two-year warranty, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection. The Flock program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement. Flock cameras are also available for purchase/lease by community organizations and businesses who can opt to share their camera(s) information with local City of Orange Printed on 3/21/2024Page 2 of 3
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community organizations and businesses who can opt to share their camera(s) information with local law enforcement. By sharing camera data on private property, it increases coverage with no added costs to the City.

The two-year cost to lease and install Flock Safety cameras, web-based software, and services is listed below.

Year Description Quantity Cost Total
1 Falcon ALPR Cameras & Installation Fee 43 $ 3,150 $135,450 1 Condor Video Cameras & Installation Fee 13 $ 4,250 $ 55,250 1 Third-Party Streaming 235 $ 24 $ 5,640
1 Web-Based Software Subscription License 1 $15,000 $ 15,000 2 Falcon ALPR Cameras 43 $ 3,000 $129,000
2 Condor Video Cameras 13 $ 3,000 $ 39,000
2 Third-Party Streaming 235 $ 24 $ 5,640
2 Web-Based Software Subscription License 1 $15,000 $ 15,000 Contingency $ 12,000
Two-Year Cost $411,980
The total cost for the first year of services is $211,340 and $188,640 in the subsequent year. Included in the cost is a one-time installation fee of $150 per ALPR camera and $1,250 per live-stream video camera. Flock will install the cameras according to the agreed upon location plan, any special modifications thereafter “reinstalls”by request of the City are subject to fees ranging from $150 to $500.

The Police Department recommends a two-year agreement with Insight for the purchase of Flock Safety cameras, web-based software, and services in the amount of $411,980, representing a lease and installation cost of $399,980, plus a contingency of $12,000. The estimated time of completion is 6 - 8 weeks.

7. ATTACHMENTS
· Agreement with Insight
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Agenda Item
City Council
Item #: 7.2. 3/26/2024 File #: 24-0049
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with Insight Public Sector, Inc. for Flock Safety cameras, web-based software, and services for the Police Department.

3. RECOMMENDED ACTION

1. Approve the agreement with Insight Public Sector Inc. in the amount of $411,980, representing a lease and installation cost of $399,980, plus a 3% contingency of $12,000, for Flock Safety cameras, web-based software, and services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $399,980 from Capital Bond Proceeds (553) unreserved fund balance to expenditure account number 553.4011.56033.20549, Capital Bond Proceeds - Flock Safety cameras.

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

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There are several other differences between Flock and other ALPR companies. Most notably they are the only manufacturer and service provider that leases ALPR services. Others require the city to purchase equipment. The key benefits of Flock are that they charge an annual flat rate subscription fee per camera of $3,000, which is wireless, free of infrastructure setup, and has the option for solar or direct power. Flock also includes a two-year warranty, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection. The Flock program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement. Flock cameras are also available for purchase/lease by community organizations and businesses who can opt to share their camera(s) information with local City of Orange Printed on 3/21/2024Page 2 of 3
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Item #: 7.2. 3/26/2024 File #: 24-0049
community organizations and businesses who can opt to share their camera(s) information with local law enforcement. By sharing camera data on private property, it increases coverage with no added costs to the City.

The two-year cost to lease and install Flock Safety cameras, web-based software, and services is listed below.

7. ATTACHMENTS
· Agreement with Insight
City of Orange Printed on 3/21/2024Page 3 of 3
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PROFESSIONAL SERVICES AGREEMENT
[ALPR Cameras and Solution Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _________________, 2024 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and INSIGHT PUBLIC SECTOR, INC., an Illinois corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Kevin Plog, Lieutenant (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor ’s performance hereunder shall be under the supervision of City ’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City ’s Project Manager to the extent required by City ’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED NINETY -NINE THOUSAND N INE HUNDRED EIGHTY DOLLARS and 00/100 ($399,980.00) without the prior written authorization of City.

c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of TWELVE THOUSAND DOLLARS and 00/100 ($12,000.00) has been added to the total compensation of this Agreement. City’s 107
2 Project Manager 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 City’s Project Manager 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 an Amendment to Agreement 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 City’s Project Manager. Any and all additional work and services performed under this Agreement 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 City’s Project Manager prior to the commencement of such services.

d. The total amount of compensation under this Agreement, including contingencies, shall not exceed FOUR HUNDRED ELEVEN THOUSAND NINE HUNDRED EIGHTY DOLLARS and 00/100 ($411,980.00).

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days of receipt of all deliverables.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

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3 6. Independent Contractor . At all times during the term of this Agreement, 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 Agreement. City shall not hav e the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services p ursuant to this Agreement. 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.

8. Designated Persons. Only those qualified persons authorized by City ’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the 109
4 length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall becom e the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

15. Equal Employment Opportunity . During the performance of this Agreement, 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.

16. 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 consultant to influence any decision of City in which Contract or 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.

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
110
5 (1) 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 Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor , either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor , at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the 111
6 insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance : the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work perfo rmed by Contractor under this Agreement. 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 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of Five Million Dollars ($5,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies 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. In the case of professional liability insurance coverage, such coverage shall be issued by companies either 112
7 licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement 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.

k. 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.

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subco ntractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

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8 b. If the work provided for in this Agreement constitutes a “public works,” 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 it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the w ebsite 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.

c. Contractor represents and warrants that it:

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(4) Has responded, and shall at all times during the term of this Agreement respo nd, 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.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

e. Contractor shall, upon request of City , provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

114
9 g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City , its officers, officials, agents 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 regulations in connection with the performance of this Agreement.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement 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 Agree ment shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e -mail, or by first class U.S. 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 up on 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”

Insight Public Sector, Inc. City of Orange
2701 E Insight Way 300 E. Chapman Avenue
Chandler, AZ 85286-1930 Orange, CA 92866-1591
Attn.: Erica Falchetti Attn.: Kevin Plog

Telephone: (480) 333-3071 Telephone : (714) 744-7356 E-Mail: [email protected] E- Mail: [email protected]

[Signatures on next page]

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10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

INSIGHT PUBLIC SECTOR, INC., CITY OF ORANGE, a municipal corporation an Illinois 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

√
NA

116

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
117
HTTP://WWW.INSIGHT.COM

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2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 10274998

CITY OF ORANGE CA
300 E CHAPMAN AVE
ORANGE CA 92866-1508

SHIP-TO

CITY OF ORANGE POLICE DEPARTMENT
1107 N BATAVIA ST
ORANGE CA 92867-4615
We deliver according to the following terms:

Payment Terms : Net 30 days
Ship Via : Insight Assigned Carrier/Ground
Terms of Delivery : FOB DESTINATION
Currency : USD
Quotation
Quotation Number : 0227212505
Document Date : 12-MAR-2024
PO Number :

PO release: :

Sales Rep : Cathy Chapman
Email : [email protected]
Telephone :

Customer understands, accepts and agrees that this purchase is subject to Flock Safety's End User License Agreement, available at: https://www.flocksafety.com/terms-and-conditions-eula TERM LENGTH: 24 Months - $399,980.00 plus applicable tax will be invoiced upon issuance of PO TERM START: Unless otherwise noted, the Term shall commence upon first installation and validation of Flock Hardware Material Material Description Quantity Unit Price Extended Price PARTNER-MDS-PO MANUAL PO - SALES NOTES TO PURCHASING 1

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
Solution includes the following:

PS-IMP-EXST FLOCK GROUP PROFESSIONAL SERVICES

EXISTING

INFRASTRUCTURE MOUNTING SERVICE
43 150.00 6,450.00

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 195.99
Discount: 23.465%

PS-IMP-ELECTRIC FLOCK PROFESSIONAL SERVICES -

ELECTRICAL

IMPLEMENTATION FEE
13 1,250.00 16,250.00

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 1631.99
Discount: 23.406%
FOS-ADVANCED-T5 FLOCK OS ADVANCED (101-200 OFFICERS) 1 15,000.00 15,000.00 Coverage Dates: 12-MAR-2024 - 11-MAR-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 16598.99
Discount: 9.633%
118
HTTP://WWW.INSIGHT.COM
Document Date 12-MAR-2024
Quotation Number 227212505

Page 2 of 3 ends

Material Material Description Quantity Unit Price Extended Price FLCK-WINGVMS-T2 FLOCK WING VMS 100-249 STREAMS 235 24.00 5,640.00 Coverage Dates: 12-MAR-2024 - 11-MAR-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 26.99
Discount: 11.078%
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE-

FREE (SOLAR
POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REAL-
TIME

ALERTS FOR UNLIMITED USERS
43 3,000.00 129,000.00
Coverage Dates: 12-MAR-2024 - 11-MAR-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%
FLCK-CONDOR-PTZ Flock's Software Service & Support - Live Streaming & Video Recording
13 3,000.00 39,000.00
Coverage Dates: 12-MAR-2024 - 11-MAR-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%
FOS-ADVANCED-T5 FLOCK OS ADVANCED (101-200 OFFICERS) 1 15,000.00 15,000.00 Coverage Dates: 12-MAR-2025 - 11-MAR-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 16598.99
Discount: 9.633%
FLCK-WINGVMS-T2 FLOCK WING VMS 100-249 STREAMS 235 24.00 5,640.00 Coverage Dates: 12-MAR-2025 - 11-MAR-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 26.99
Discount: 11.078%
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE-

FREE (SOLAR
POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REAL-
TIME

ALERTS FOR UNLIMITED USERS
43 3,000.00 129,000.00
Coverage Dates: 12-MAR-2025 - 11-MAR-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%
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HTTP://WWW.INSIGHT.COM
Document Date 12-MAR-2024
Quotation Number 227212505

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Product Subtotal 377,280.00
Services Subtotal 22,700.00
TAX 0.00
Total 399,980.00
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.

Sincerely,
Cathy Chapman
[email protected]
To purchase under this contract, your agency must be registered with OMNIA Partners Public Sector.

Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.

This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.

SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings (“Software and Cloud Offerings”), each offering will be subject to the applicable supplier's end user license and use terms ("Supplier Terms") made available by the supplier or which can be found at the “terms-and-policies” link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies
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End-User License Agreement

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein. 121

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of Authorized End User which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies; the competitive strength of, or market for, Flock’s products or services; such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement. 123

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”); or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock 124
is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform 125
all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality, and performance of this Agreement. The Receiving Party agrees: (i) to take the same security 126
precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other 127
than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable cooperative agreement Order Form.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a 128
material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. 129

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 130
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement.

Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or 131
regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.
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9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

9.4 Customer Indemnity. To the extent permitted by law, Customer shall indemnify and hold harmless Flock against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of Customer Obligations, Customer’s Installation Obligations, Customer’s sharing of any Customer Data, including any claim that such actions violate any applicable law or third party right.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s 133
rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
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11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 135

11.7 Special Terms. Flock may offer certain special terms on an applicable Order Form or purchase order and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing. 136

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute. In the event Customer or its employees become the subject of an indictment, arrest, public disrepute, contempt, scandal or behaves in a manner that, in the reasonable judgment of Flock, reflects unfavorably upon Flock, and/or their officers or principals, licensees, such act(s) or omission(s) shall constitute a material breach of this Agreement and Flock shall, in addition to any other rights and remedies available to it hereunder, whether at law or in equity, have the right to elect to terminate this Agreement.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

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FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

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Agenda Item
City Council
Item #: 7.3. 3/26/2024 File #: 24-0146
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Acceptance of funds allocated by the State of California under Senate Bill 104 to the City for support of the Hub Resource Center. Resolution No. 11534.

2. SUMMARY
Resolution No. 11534 acknowledges that the City of Orange has received the total allocated funding from the State of California Department of Housing and Community Development in the amount of $3,000,000 allocated under the Senate Bill 104 (Budget Act of 2023) for support of the Hub Resource Center.

3. RECOMMENDED ACTION

2. Accept into the City’srevenue budget $3,000,000 in grant funds from the Budget Act of 2023 to:
312.6001.45290.30206 SB2-Building Homes & Jobs Act State Grant Funding HRC

4. FISCAL IMPACT
None.

6. DISCUSSION AND BACKGROUND
Section 93 of Senate Bill 104 (SB 104) amended Section19.54 of the Budget Act of 2022 and 2023 and added items of appropriation to the California State Legislature’sspending plan. The amendment included specific allocations to the City of Orange in Sections 19.564(a)(32) for $1,000,000 and Section 19.564(a)(66) for $2,000,000 for the support of the Hub Resource Center. The budget allocations were granted in response to a budget request for the Hub Resource Center submitted by Townsend Public Affairs on behalf of the City to Senator Thomas Umberg and Assemblyman Avelino City of Orange Printed on 3/21/2024Page 1 of 2
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Townsend Public Affairs on behalf of the City to Senator Thomas Umberg and Assemblyman Avelino Valencia.

On December 12, 2023, the City received the funding, totaling $3,000,000 from the SB 104 allocations through the California Department of Housing and Community Development (HCD), the pass-through entity authorized under Section 19.564 of the Budget Act of 2023 to determine the best method of allocating the funds to recipients. HCD informed staff that a standard agreement would not be required for the receipt of funds.

Section 19.564 delegates to the City (as a recipient) the authority to establish the allowable uses of the funds for the purpose of supporting the Hub Resource Center. On February 27, 2024, staff reached out to the Offices of Senator Tom Umberg and Assemblyman Avelino Valencia for additional guidance and clarification on the parameters for use of the funding. On February 28, 2024, Senator Umberg’sOffice stated that the City should align expenses with the language in the actual law and budget statute, which states that the funding is for the “support”of the Homeless Resource Center and in alignment with the information that was provided to the Senate Budget Committee, which states:
“Cityof Orange, Homeless Resource Center: This request would allocate to the City of Orange a one -time General Fund disbursement of $2 million for the Homeless Resource Center. The Homeless Resource Center’spartnership is guided by the proven Continuum of Care model and meets the daily needs of the unhoused population. This model aims to move them through a process that helps them recognize their issues and concerns, while providing resources for overcoming them, and then offers a path towards reintegration. With the ultimate goal of getting the unhoused population into a stable housing situation by providing services that help remove barriers to housing, including childcare, counseling, addiction recovery, job skills and placement, medical, dental, and vision care.” Staff will return at a future date for City Council consideration, a proposed determination of eligible expenses for support of the Hub Resource Center.

7. ATTACHMENTS
· Resolution No. 11534
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Agenda Item
City Council
Item #: 7.3. 3/26/2024 File #: 24-0146
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Acceptance of funds allocated by the State of California under Senate Bill 104 to the City for support of the Hub Resource Center. Resolution No. 11534.

3. RECOMMENDED ACTION

2. Accept into the City’srevenue budget $3,000,000 in grant funds from the Budget Act of 2023 to:
312.6001.45290.30206 SB2-Building Homes & Jobs Act State Grant Funding HRC

4. FISCAL IMPACT
None.

6. DISCUSSION AND BACKGROUND
Section 93 of Senate Bill 104 (SB 104) amended Section19.54 of the Budget Act of 2022 and 2023 and added items of appropriation to the California State Legislature’sspending plan. The amendment included specific allocations to the City of Orange in Sections 19.564(a)(32) for $1,000,000 and Section 19.564(a)(66) for $2,000,000 for the support of the Hub Resource Center. The budget allocations were granted in response to a budget request for the Hub Resource Center submitted by Townsend Public Affairs on behalf of the City to Senator Thomas Umberg and Assemblyman Avelino City of Orange Printed on 3/21/2024Page 1 of 2
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Item #: 7.3. 3/26/2024 File #: 24-0146
Townsend Public Affairs on behalf of the City to Senator Thomas Umberg and Assemblyman Avelino Valencia.

7. ATTACHMENTS
· Resolution No. 11534
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RESOLUTION NO. 11534

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE ACKNOWLEDGING THE

RECEIPT OF FUNDS ALLOCATED BY THE

STATE OF CALIFORNIA UNDER SENATE BILL
104 TO THE CITY FOR SUPPORT OF THE HUB

RESOURCE CENTER

WHEREAS, Senate Bill 104 (“SB 104”) amended and added items of appropriation to the California State Legislature’s spending plan, as contained in the Budget Act of 2022 and the Budget Act of 2023; and

WHEREAS, the City of Orange received two (2) allocations under SB 104, totaling $3 million dollars, for support of the “Homeless Resource Center,” to reflect legislative priorities related to housing, based on the City’s request for funding for the Hub Resource Center made through Senator Umberg’s Office and Assemblyman Avelino Valencia’s Office; and

WHEREAS, specifically, Section 19.564(a)(32) of the Budget Act of 2023 allocated $1,000,000 to “the City of Orange: Homeless Resource Center” and Section 19.564(a)(66) of the Budget Act of 2023 allocated $2,000,000 to “the City of Orange for support of the Homeless Resource Center”; and

WHEREAS, pursuant to Section 19.564 of the Budget Act of 2023, the State of California Department of Housing and Community Development (“Department”) is authorized to determine the best method of allocating the funds to recipients identified in Section 19.564; and

WHEREAS, unless otherwise specified in that Section 19.564, funds allocated under SB 104 pursuant to Section 19.564 shall be available for encumbrance through June 30, 2025, and expenditure until June 30, 2027; and

WHEREAS, on or about December 12, 2023, the Department provided the City with the total allocated funding, which is being maintained in a specified account and earmarked for the City’s use in supporting the Hub Resource Center.

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

1. The City acknowledges the total amount of funding allocation from the California State Legislature, through the Department, in the amount of $3,000,000 for the Hub Resource Center.

2. The City shall be subject to the terms and conditions as specified in SB 104, Chapter 189, Section 19.564.

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2 3. The City shall establish the allowable use of funds for the purpose of support to the Hub Resources Center, as required by Section 19.564 of the Budget Act of 2023.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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Agenda Item
City Council
Item #: 7.4. 3/26/2024 File #: 24-0150
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Memorandum of Understanding with Anaheim Transportation Network for microtransit services.

2. SUMMARY
Memorandum of Understanding with Anaheim Transportation Network to provide a one-time payment of $100,000 to help fund the operations of a microtransit service in Old Towne and surrounding neighborhoods.

3. RECOMMENDED ACTION

1. Approve the agreement with Anaheim Transportation Network in the amount of $100,000 for microtransit services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the following budget transfer of $100,000:

From: 952.9810.56020.20247 NW & SW Merged 2003 Taxable Bonds SAORA Capital To: 952.9810.51780.00000 NW & SW Merged 2003 Taxable Bonds Other Contractual Services

4. FISCAL IMPACT
The estimated expenditure for this agreement is $100,000 and will be funded through:
952.9810.51780.00000 NW & SW Merged 2003 Taxable Bonds Other Contractual Services

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
e: Create an environment to attract, retain, and expand economic opportunities.

Goal 3: Enhance and promote quality of life in the community d: Maintain and improve multi-modal transportation throughout the City.

6. DISCUSSION AND BACKGROUND
Old Towne Orange is a vibrant neighborhood with residents, businesses, community spaces, and Chapman University. Public investments in parking infrastructure, the Orange Metrolink Station, and other transportation infrastructure have supported its development into a shopping and dining destination that serves residents and visitors. The City is considering several policy options to support continued business development in the area, including parking management programs, increased parking supply, wayfinding signage, and improved parking enforcement.

In March 2023, the City entered into a Memorandum of Understanding (MOU) with the Anaheim Transportation Network (ATN) in partnership with the Orange Chamber of Commerce (Chamber) to City of Orange Printed on 3/21/2024Page 1 of 2
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Transportation Network (ATN) in partnership with the Orange Chamber of Commerce (Chamber) to deploy a microtransit service in and around Old Towne. The service would utilize ten all-electric, zero- emission, six-passenger neighborhood vehicles to transport riders from the Orange Metrolink Station to destinations throughout Old Towne and surrounding areas such as hospitals and medical facilities on South Main Street. The service would allow residents and visitors to park once for convenient access to the Plaza area, allow local students and faculty to leave their cars on campus or at residence halls, pick up Metrolink riders from the train station, and help employees get to work.

ATN has secured $270,850 from California State Transit Agency (CalSTA) that will cover the entire capital cost for the ten vehicles. They have also secured $391,000 in operational funding from the South Coast Air Quality Management District (AQMD) to operate the program for 18 months. The AQMD funding requires a local match of $195,000. The proposed MOU would provide $100,000 in City funding to help meet the local match and it is anticipated that the remaining $95,000 would be provided through a combination of sponsorships and advertising. Under the proposed MOU, the $100,000 in funding would only be disbursed upon execution of an operating agreement with the City.

If approved by the City, the funding commitment would allow ATN to begin the process for vehicle procurement and then work the City and the Orange Chamber of Commerce to determine stop locations, vehicle storage, signage, marketing, and other operating logistics. It is anticipated that the microtransit service could begin in early 2025.

7. ATTACHMENT
· Memorandum of Understanding with Anaheim Transportation Network City of Orange Printed on 3/21/2024Page 2 of 2
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Agenda Item
City Council
Item #: 7.4. 3/26/2024 File #: 24-0150
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Memorandum of Understanding with Anaheim Transportation Network for microtransit services.

3. RECOMMENDED ACTION

1. Approve the agreement with Anaheim Transportation Network in the amount of $100,000 for microtransit services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the following budget transfer of $100,000:

From: 952.9810.56020.20247 NW & SW Merged 2003 Taxable Bonds SAORA Capital To: 952.9810.51780.00000 NW & SW Merged 2003 Taxable Bonds Other Contractual Services

4. FISCAL IMPACT
The estimated expenditure for this agreement is $100,000 and will be funded through:
952.9810.51780.00000 NW & SW Merged 2003 Taxable Bonds Other Contractual Services

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
e: Create an environment to attract, retain, and expand economic opportunities.

Goal 3: Enhance and promote quality of life in the community d: Maintain and improve multi-modal transportation throughout the City.

In March 2023, the City entered into a Memorandum of Understanding (MOU) with the Anaheim Transportation Network (ATN) in partnership with the Orange Chamber of Commerce (Chamber) to City of Orange Printed on 3/21/2024Page 1 of 2
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Item #: 7.4. 3/26/2024 File #: 24-0150
Transportation Network (ATN) in partnership with the Orange Chamber of Commerce (Chamber) to deploy a microtransit service in and around Old Towne. The service would utilize ten all-electric, zero- emission, six-passenger neighborhood vehicles to transport riders from the Orange Metrolink Station to destinations throughout Old Towne and surrounding areas such as hospitals and medical facilities on South Main Street. The service would allow residents and visitors to park once for convenient access to the Plaza area, allow local students and faculty to leave their cars on campus or at residence halls, pick up Metrolink riders from the train station, and help employees get to work.

7. ATTACHMENT
· Memorandum of Understanding with Anaheim Transportation Network City of Orange Printed on 3/21/2024Page 2 of 2
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MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN ANAHEIM TRANSPORTATION NETWORK

AND CITY OF ORANGE

This is a Memorandum of Understanding (MOU) between Anaheim Transportation Network, a mutual benefit nonprofit California corporation (“ATN”) and the City of O range, a California municipal corporation (“CITY”).

RECITALS

WHEREAS, ATN is a municipal transit operator formed and organized by the City of Anaheim to solve transportation problems within certain defined areas of the City of Anaheim and surrounding areas, including the City of Orange; and

WHEREAS, ATN operates Anaheim Regional Transportation, a system of public transportation routes in an around Orange County, which include clean fuel buses and zero emission microtransit vehicles; and

WHEREAS, on January 6, 2023 , the Mobile Source Air Pollution Reduction Review Committee (MSRC) approved a Call for Projects seeking proposals to develop and implement microtransit services in the South Coast AQMD region (“PROGRAM”); and

WHEREAS, the PROGRAM provides funding for local agencies to develop community - based microtransit services that complement regional transit services; and

WHEREAS, ATN wishes to establish a microtransit circulator route in specified areas of the City in order to improve air quality by reducing motor vehicle pollution caused by excessive vehicle travel caused by parking-challenged business zones; and

WHEREAS, ATN will obtain grant funding for the PROGRAM (the “GRANT”) for the purpose of providing a new microtransit circulator route in the CITY (“PROJECT”); and

WHEREAS, by this MOU, CITY and ATN wish to state their intent to cooperate to provide the PROJECT and set forth their intentions and obligations regarding the use of the potential grant funds to establish the PROJECT in the CITY.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:

1. PROJECT GOALS

If MSRC funding is granted to ATN, ATN and CITY agree to provide microtransit services in and around Old Towne Orange (the “Service Area” – Attachment 1) to accomplish the following goals:
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▪ Connectivity and transportation options for the traveling public. ▪ Access to CITY’s Metrolink Commuter Rail Station to provide multi -modal connections and choices for the traveling public.
▪ Develop and implement transportation service to allow for conditional on-demand e- hail travel choices.

2. PURPOSE AND SCOPE

The purpose of this MOU is to identify the roles and responsibilities of each party as they relate to provision of microtransit services by ATN in and around Old Towne Orange utilizing Low Speed Vehicles (LSV) to be procured and provided by the ATN.

In particular, this MOU is intended to:

▪ Establish the parties’ intent to provide transportation services in the Service Area; ▪ Generally outline service provision responsibilities; ▪ Generally outline processes for financial responsibilities and accountability; and ▪ Establish the parties’ commitment to marketing and outreach programs to enhance knowledge and usage of transportation options.

3. RESPONSIBILITIES OF ATN

ATN shall perform tasks to be outlined in a future Agreement between CITY and ATN regarding the use of any awarded PROGRAM funds (the “PROJECT Agreement”) in accordance with an “AB 2766/MSRC Work Program Grant Agreement” between ATN and SCAWMD (the “Grant Agreement”). These tasks may include, but are not limited to, the following:

1. Commence service based on terms and conditions to be outlined in the future PROJECT Agreement;

2. Provide a minimum of 10 accessible LSV for the service consistent with the needs of CITY and in accordance with all applicable laws and associated PROGRAM conditions;

3. Provide necessary qualified personnel to operate microtransit services;

4. Provide all necessary preventive and corrective maintenance services for LSV;

5. Provide a reliable customer service system to handle various issues including questions and complaints;

6. Provide, in coordination with the CITY any and all resources, including additional funding, to provide microtransit services

7. Work with the CITY to install on-street signage;

8. Provide mobile application to facilitate e-hailing and reservations for the microtransit service as well as the ability to be compatible with and integrated to smart parking systems in the future;

9. For any fixed service points located on private property, secure any agreements and/or indemnifications required by said private property owners; and 150

10. Maintain a complete set of records in accordance with generally accepted accounting principles and submit reports as in accordance with PROGRAM requirements.

11. Administer the grant with the funding agency; and

12. Submit reports to the granting agency.

4. RESPONSIBILITIES OF CITY

CITY shall perform tasks to be outlined in the PROJECT Agreement. These tasks may include, but are not limited to, the following:

1. Submit a one-time payment of ONE HUNDRED THOUSAND DOLLARS and 00/100 ($100,000.00) to ATN upon execution of the PROJECT Agreement for startup costs;

2. Coordinate with ATN the establishment of fixed service points and other specifics of use of the public right of way;

3. Work with ATN and local community partners to implement plans for sustainable operations beyond the initial MSRC grant funding; and

4. Where a mutual benefit exists, support ATN in outreach and marketing functions with local community.

5. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:

Aside from the commitment to cooperate in establishing the PROJECT and entering into the PROJECT Agreement, neither party shall have a responsibility beyond the termination date of the MOU.

6. EFFECTIVE DATE AND TERM

The Effective Date of t his MOU shall be as of the date the last party signs the MOU . It shall continue in force until such date as ATN receives final determination from MSRC as to the award of any PROGRAM grant funds based upon ATN’s March 2023 application.

[Remainder of page intentionally left blank; signatures on next page]

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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed on the date indicated by the signature, to be effective as of the Effective Date.

ANAHEIM TRANSPORTATION CITY OF ORANGE

NETWORK

By__________________________ By:__________________________________ Daniel R. Slater, City Manager

_____________________________ _____________________________ By: Diana Kotler Date
Its: Executive Director

_____________________________ ATTEST:

Date

_____________________________________
Pamela Coleman, City Clerk

APPROVED AS TO FORM:

By:__________________________________
Mike Vigliotta, City Attorney

√
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ATTACHMENT 1

PROPOSED SERVICE AREA
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EXHIBIT A
Proposed Service Area

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Agenda Item
City Council
Item #: 7.5. 3/26/2024 File #: 24-0202
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Consider the City of Orange’scurrent membership in the League of California Cities and provide direction to City staff.

2. SUMMARY
The City of Orange most recently became a League of California Cities member in September 2021.

In considering the League of California Cities’position on Proposition 1, the City Council directed staff to bring back a discussion item concerning the City’smembership in the League of California Cities.

3. RECOMMENDED ACTION
Discuss the City of Orange’s current membership in the League of California Cities and provide direction to City staff.

4. FISCAL IMPACT
The City of Orange’s2024 membership dues for the League of California Cities totaled $34,079.

Discontinuing the City of Orange’s membership will result in future savings to the General Fund.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community
a. Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
On December 6, 2023, the League of California Cities’(CalCities) Board announced it had voted to support Proposition 1 - Behavioral Health Services Bond Measure (Proposition 1). At the March 12, 2024, City Council meeting, the City Council directed staff to bring back a discussion item concerning the City’scurrent CalCities membership. Provided below are brief summaries on CalCities’function to the City, an overview on Proposition 1, and CalCities’ position on Proposition 1.

CalCities Membership and Function Overview
On August 10, 2021, the Orange City Council directed staff to take the necessary steps for the City to become a CalCities member. Of the 482 incorporated cities in California, CalCities reports 476 cities are current members. CalCities is organized with 16 regional divisions, including one specifically for Orange County. Over four hundred city officials comprise seven policy committees, which in part drive the policy-making and legislative advocacy process.

Aside from policy committees and legislative advocacy, CalCities provides educational opportunities for city staff and elected officials. Often these events are tailored for specific departments. Education City of Orange Printed on 3/21/2024Page 1 of 3
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for city staff and elected officials. Often these events are tailored for specific departments. Education events require payment, but registration fees are less than those available to non-member cities. As an example, CalCities will be holding a City Leaders Summit in Sacramento from April 17-19, 2024.

Registration for member cities will cost $650 per person and $1,650 per person for non-member cities.

The City recently paid its annual membership dues for CalCities totaling $34,079. This payment covers the calendar year 2024. Should the City Council decide to no longer be a CalCities member, City staff will work with CalCities to secure a pro-rated reimbursement. Attached for reference is the CalCities invoice for 2024.

Proposition 1 Overview
On January 23, 2024, the Orange City Council adopted Resolution No. 11525, opposing Proposition

1. California voters considered Proposition 1 at the March 5, 2024, Presidential Primary Election. As of this writing, the election results have not been finalized.

Proposition 1 includes two aspects. First, it alters the 2004 Mental Health Services Act (MHSA), diverting more funding to the State (an estimated loss of $140 million annually to counties). It also removes some county discretion on how existing MHSA funds can be used, requiring counties to spend more MHSA money on housing and personalized support services (e.g., employment assistance) thereby leaving less resources for other mental health services.

Second, it proposes a $6.38 billion bond to develop more mental health and drug/alcohol treatment facilities while also funding more housing for individuals struggling with mental health as well as drug and alcohol abuse. If Proposition 1 passes, the bond proceeds will be distributed as follows:
· Facilities for Mental Health Care and Drug or Alcohol Treatment - $4.4 billion would go to a state program to build more facilities for mental health care and drug or alcohol treatment. Of the $4.4 billion, $1.5 billion would be set aside for local governments (i.e., cities, counties, and tribal entities).
· Housing - $2 billion to a state program to construct new housing or rehabilitate hotels or other buildings into housing. It should be noted that housing projects funded by this bond would be considered “use by right,” potentially preempting local zoning law for properties with multifamily residential, office, retail, or parking uses.

CalCities Position on Proposition 1
On December 6, 2023, the CalCities Board acknowledged cities had expressed concerns about late amendments to legislation that comprise Proposition 1.

In response, CalCities noted it had “withdrew its support” but also stated the CalCities Board “directedstaff to engage in the regulatory process and pursue legislation to address these concerns while also supporting Proposition 1.” Attached for reference is the CalCities Board statement.

7. ATTACHMENTS
· CalCities Calendar Year 2024 Invoice
· City Council Resolution No. 11525
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· December 6, 2023, CalCities Board Statement
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Agenda Item
City Council
Item #: 7.5. 3/26/2024 File #: 24-0202
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Consider the City of Orange’scurrent membership in the League of California Cities and provide direction to City staff.

2. SUMMARY
The City of Orange most recently became a League of California Cities member in September 2021.

3. RECOMMENDED ACTION
Discuss the City of Orange’s current membership in the League of California Cities and provide direction to City staff.

4. FISCAL IMPACT
The City of Orange’s2024 membership dues for the League of California Cities totaled $34,079.

Discontinuing the City of Orange’s membership will result in future savings to the General Fund.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community
a. Expend fiscal resources responsibly.

Aside from policy committees and legislative advocacy, CalCities provides educational opportunities for city staff and elected officials. Often these events are tailored for specific departments. Education City of Orange Printed on 3/21/2024Page 1 of 3
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for city staff and elected officials. Often these events are tailored for specific departments. Education events require payment, but registration fees are less than those available to non-member cities. As an example, CalCities will be holding a City Leaders Summit in Sacramento from April 17-19, 2024.

Registration for member cities will cost $650 per person and $1,650 per person for non-member cities.

Proposition 1 Overview
On January 23, 2024, the Orange City Council adopted Resolution No. 11525, opposing Proposition

1. California voters considered Proposition 1 at the March 5, 2024, Presidential Primary Election. As of this writing, the election results have not been finalized.

CalCities Position on Proposition 1
On December 6, 2023, the CalCities Board acknowledged cities had expressed concerns about late amendments to legislation that comprise Proposition 1.

7. ATTACHMENTS
· CalCities Calendar Year 2024 Invoice
· City Council Resolution No. 11525
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· December 6, 2023, CalCities Board Statement
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RESOLUTION NO. 11525

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE, CALIFORNIA, OPPOSING
PROPOSITION 1, BEHAVIORAL HEALTH SERVICES

PROGRAM AND BOND MEASURE, WHICH HAS
BEEN PLACED ON THE MARCH 5, 2024, STATEWIDE

PRESIDENTIAL PRIMARY ELECTION BALLOT
WHEREAS, Governor Gavin Newsom and a majority of the California StateLegislature has placed Proposition 1 — Behavioral Health Services Program and Bond Measure (" Proposition 1") on the March 2024 ballot, which will completely rewrite the intent andflexibility of the Mental Health Services Act(" MHSA"); and
WHEREAS, Proposition 1 seeksto divert funding away from programs typically serviced through the MHSA while also issuing$ 6.38 billion in bonds,causingthe Stateto incur significant debt which the Legislative Analyst Office (" LAO") estimates will cost $ 310 million in annual payments over the next 30 years; and
WHEREAS, while also incurring $ 6.38 billion in debt, plus interest, the proposed ballot measure also specifies that permanent supportive housing funded through Proposition 1 bond proceeds may be developed on a " by right" basis undermining local zoning restrictions where multifamily residential, office, retail, or parkingareprincipally permitteduses; and WHEREAS, Proposition 1 will divert an estimated $ 140 million annually away from countiesto theStatewhile alsodictatinghow remainingfundscanbeusedlocally,removinglocal control, and removing discretion away from local elected officials most familiar with the issues facing their communities; and
WHEREAS, Proposition1 is a detrimentalproposalthat beyondlimiting local zoning authority or diverting funding back to the State,also incurs $6.38 billion in debt while the Stateof California faces what the LAO estimates to be a$ 68 billion deficit; and WHEREAS, in making these significant sacrifices, the LAO estimates Proposition 1 would" reduce statewide homelessnessby only a small amount." NOW, THEREFORE, the City Council of the City of Orangeresolves as follows:

Section 1: The OrangeCity Council doesherebyopposeProposition 1, Behavioral Health Services Program and Bond Measure.

Section2: TheCity of Orangesupportslocalcontrolandfiscalresponsibilityandbelieves that decisions regarding zoning are best reserved for local elected officials. 164
Section 3: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 23rd day of January2024.
s144---( , 2,
Daniel R. Slater, Mayor, City of Orange
ATTEST:

PamelaColeman, City Clerk, City of Orange
APPROVED AS TO FORM:

Mi igliotta, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify thatthe foregoingResolutionwasduly andregularlyadoptedby the City Councilof the City of Orangeat a Regular Meeting thereof held on the 23rd day of January2024, by the following vote:

AYES: COUNCILMEMBERS: Dumitru, Tavoularis, Gutierrez, and Slater NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Barrios, Bilodeau, and Gyllenhammer ABSTAIN: COUNCILMEMBE :

PamelaColeman, City Clerk, City of Orange
Resolution No. 11525 2
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Cal Cities Board votes to support
two ballot measures
Dec 6, 2023
Last week, the League of California Cities Board of Directors voted overwhelmingly in favor of the ACA 13 (Ward, 2023) ballot measure and Proposition 1 (2024).

ACA 13 — which does not yet have a ballot number — would require ballot measures that increase voter-approval thresholds to pass by the same threshold. The measure will appear on the November 2024 ballot.

Proposition 1, which the proponents call "Treatment Not Tents," would modernize California's behavioral health system to expand access to services and housing. The ballot measure will appear on the March 2024 ballot and is Gov. Gavin Newsom’s top priority at the ballot box this spring.

What’s good for the goose is good for the gander
ACA 13 is one of several efforts to stop the deceptively named “Taxpayer Protection and Government Accountability Act” initiative. The initiative — sponsored by some of the state’s wealthiest corporations — would expand the definition of a tax and raise the voter approval threshold for some local taxes. The initiative would also limit certain fees to the least amount necessary to provide the service.

A broad group of organizations oppose the initiative, including labor unions, local government associations, lawmakers, and the Governor.

In September, the Legislature and the Governorfiled an emergency petition with the California Supreme Court to remove the initiative from the November 2024 ballot.
“This ballot measure is an anti-democratic power grab by greedy corporations and puts a radical minority in charge of the democratic process,” said San Diego Council President Sean Elo-Riveraat a press conference last month. “It also jeopardizes a range of critical city services and infrastructure that our residents have come to rely on 166
and expect. We need more accountability for wealthy corporations, not less."
ACA 13 would also preserve the right of local governments to place advisory questions on the ballot asking voters their opinions on issues.

Funding and reform for behavioral health care
Proposition 1 would modernize the Mental Health Services Act for the first time in nearly two decades. The ballot measure also includes a $6.38 billion bond for over 11,000 new treatment beds and housing units for people with the most acute behavioral health needs who are homeless or at risk of homelessness.

This year, Cal Cities actively engaged with the legislative vehicles comprising Proposition 1: AB 531 (Irwin) and SB 326 (Eggman).

These efforts helped secure amendments to provide $1.5 billion for cities and counties to fund thousands more behavioral health beds.

Cal Cities maintained a support position on both measures for most of the year. However, last-minute changes to AB 531 taken just one week before the end of the legislative session generated concerns among cities. As a result, Cal Cities withdrew its support.

These amendments allow for by-right approvals of unlocked and locked behavioral health facilities, sober living homes, and recovery housing. While existing law generally requires by-right approval of these facilities in residential areas, Proposition 1 would also apply this approval process to office, retail, and parking zones.

The Cal Cities Board directed staff to engage in the regulatory process and pursue legislation to address these concerns while also supporting Proposition 1. Cal Cities will focus on correcting the overconcentration of these facilities in residential areas and implementing reasonable oversight of unlicensed recovery housing and sober living homes to ensure the safety and success of those receiving services and support.
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Agenda Item
City Council
Item #: 9.1. 3/26/2024 File #: 24-0075
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney
Pamela Coleman, City Clerk

1. SUBJECT
Introduction and First Reading of Ordinance No. 06-24 containing administrative updates to various sections of Titles 1 and 2 of the Orange Municipal Code.

2. SUMMARY
In January 2022, the City Clerk’sOffice initiated a recodification and comprehensive review of the Orange Municipal Code utilizing an agreement with Quality Code Publishing. The review is complete and staff evaluated and implemented recommended updates to the Code. This proposed Ordinance No. 06-24 contains administrative updates to various sections of Title 1 and Title 2 to delete outdated language, update references to conform with current law and code provisions, and achieve internal consistency.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 06-24. An Ordinance of the City Council of the City of Orange amending various sections in Titles 1 and 2 of the Orange Municipal Code to delete outdated language, update references to conform with current law and code provisions, and achieve internal consistency.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
B: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
Over the past several years, there have been a number of changes in State law impacting existing Orange Municipal Code (OMC) provisions. There have also been a number of new State laws requiring the addition of new OMC provisions. At the same time, a number of OMC provisions have been added and revised to reflect changed City policies. Not all of the changes in the OMC have been captured throughout the remaining OMC provisions, resulting in several code sections that still contain outdated, superseded, or changed references. In addition, there are several OMC provisions City of Orange Printed on 3/21/2024Page 1 of 2
powered by Legistar™
168
Item #: 9.1. 3/26/2024 File #: 24-0075
needing clerical revisions.

In January 2022, the City Clerk’sOffice initiated a recodification and comprehensive review of the Orange Municipal Code utilizing an agreement with Quality Code Publishing. The review is complete and staff evaluated and implemented recommended updates to the Code.

The proposed Ordinance makes administrative adjustments and corrects, revises and/or deletes the inaccuracies found in the OMC.

7. ATTACHMENTS
· Ordinance No. 06-24
· Ordinance No. 06-24 (redlined)
City of Orange Printed on 3/21/2024Page 2 of 2
powered by Legistar™
169
Agenda Item
City Council
Item #: 9.1. 3/26/2024 File #: 24-0075
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney
Pamela Coleman, City Clerk

1. SUBJECT
Introduction and First Reading of Ordinance No. 06-24 containing administrative updates to various sections of Titles 1 and 2 of the Orange Municipal Code.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
B: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
Over the past several years, there have been a number of changes in State law impacting existing Orange Municipal Code (OMC) provisions. There have also been a number of new State laws requiring the addition of new OMC provisions. At the same time, a number of OMC provisions have been added and revised to reflect changed City policies. Not all of the changes in the OMC have been captured throughout the remaining OMC provisions, resulting in several code sections that still contain outdated, superseded, or changed references. In addition, there are several OMC provisions City of Orange Printed on 3/21/2024Page 1 of 2
powered by Legistar™
170
Item #: 9.1. 3/26/2024 File #: 24-0075
needing clerical revisions.

The proposed Ordinance makes administrative adjustments and corrects, revises and/or deletes the inaccuracies found in the OMC.

7. ATTACHMENTS
· Ordinance No. 06-24
· Ordinance No. 06-24 (redlined)
City of Orange Printed on 3/21/2024Page 2 of 2
powered by Legistar™
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ORDINANCE NO. 06-24

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE AMENDING VARIOUS
SECTIONS IN TITLES 1 AND 2 OF THE ORANGE

MUNICIPAL CODE TO DELETE OUTDATED

LANGUAGE, UPDATE REFERENCES TO CONFORM

WITH CURRENT LAW AND CODE PROVISIONS,
AND ACHIEVE INTERNAL CONSISTENCY.

WHEREAS, the Orange Municipal Code requires updates, from time to time, to reflect current administrative or operational procedures adopted by the City; and

WHEREAS, the changes proposed update the Code to delete outdated language, update references to conform with current law and code provisions, achieve internal consistency and otherwise capture general language clean-up.

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

SECTION I:

1. The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact of the Ordinance demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" as defined in Guideline 15378.

2. The subject Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certainty, after review and evaluation of the facts regarding the Zoning Code administrative amendments, that there is substantial evidence that adoption of this Ordinance would not have a significant effect on the environment and the common sense exemption applies.

SECTION II:

Sections 1.04.070 of the Orange Municipal Code, “General Provisions – Reference to Code Applies to Amendments” and 1.04.130 “General Provisions – Definitions” are hereby amended to read as follows:

1.04.070 – Reference to Code Applies to Amendments.

Whenever a reference is made to any portion of this code, or to any ordinance of this City, the reference applies to all amendments.

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2 1.04.130 – Definitions

"City" means the City of Orange.

"Council" means the City Council of this City.

"County" means the County of Orange.

"Oath" includes affirmation.

The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance, respectively, of the City.

"Owner" applied to a building or land includes any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of such building or land.

"Person" includes any person, firm, association, organization, partnership, or corporation.

"State" means the State of California.

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this City which may have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of thi s state.

"Tenant" or "occupant," applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

SECTION III:

Section 1.08.020 of the Orange Municipal Code, “General Penalty – Violation Deemed Nuisance – Abatement,” is hereby amended to read as follows:

1.08.020 – Violation Deemed Nuisance—Abatement.

In addition to the penalties provided in Section 1.08.010, any condition caused or permitted to exist in violation of any of the provisions of this code, state, or federal law, shall be deemed a public nuisance and may be summarily abated in a manner provided by law, and each day such condition continues shall be regarded as a new and separate offense. Any cost or expense to the City of Orange to abate any nuisance or nuisances shall constitute a lien against the property on which said nuisance or nuisances are located or maintained and such cost or expense of abatement by the City shall also be a personal obligation against the property owner. The cos t to the City of abatement of any nuisance on a parcel of land shall constitute a special assessment against that parcel and may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
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3 SECTION IV:

Section 1.10.050 of the Orange Municipal Code, “ Administrative Citations – Administrative Citation – Violation,” is hereby amended to read as follows:

1.10.050 – Administrative Citation – Violation.

A. General Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a code violation, as defined in this chapter, that does not create an immediate danger to health or safety may first be issued a n otice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. An administrative citation may be issued by any officer or official of that department after noncompliance with a notice of violation or to a repeat offender of the same offense within a 12-month period.

1. Each and every day a violation of the code exists constitutes a separate and distinct offense.

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

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

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

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

7. Obligation to Correct Violation(s). Nothing in this chapter shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.
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4 B. Building and Safety Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a code violation pertaining to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines.

Notwithstanding the provisions of this chapter, any person or responsible person may be issued a first administrative citation if the violation continues after the correction period has expired.

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

2. If a building violation has not been corrected by the end of the correction period, the officer or official has the authority to issue the person or responsible person a second administrative citation for failing to comply with the notice of violation(s). The person or responsible person to whom the notice of violation was issued shall be liable for and shall pay to the City or its agent the fine(s) described in the administrative citation by the date prescribed for payment pursuant to Section 10.090(A). A third administrative citation may be issued and additional fine(s) imposed for every day the violation continues uncorrected from the date of issuance of the second administrative citation.

The fourth and subsequent violation of the code shall be prosecuted as a misdemeanor citation or any other remedy available to the City pursuant to Section 1.10.080(B).

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

SECTION V:

Section 1.14.140 of the Orange Municipal Code, “ Administrative Citations – Procedures at Administrative Hearing,” is hereby amended to read as follows:

1.14.140 – Procedures at Administrative Hearing.

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

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

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

D. Except as set forth in § 1.10.150 below, t he failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure of such person's rights to exhaust their administrative remedies and they may be ordered to pay such fine(s) forthwith.

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

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

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

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

SECTION VI:

Section 2.04.040 of the Orange Municipal Code, “Administration and Personnel – Mayor Duties,” is hereby amended to read as follows:

2.04.040 – Mayor Duties.

The presiding officer of the Council shall be the Mayor. The presiding officer shall preserve strict order and decorum at all regular and special meetings of the Council. They shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. They shall vote on all questions, their name being called last. They shall sign all ordinances and resolutions adopted by the Council during their presence. They shall handle all publicity to the press and public involving matters under control of the City Council and which have not been delegated to the City Manager. They shall appoint such committees as they deem necessary and 176
6 expedient for carrying out the policies of the City. They shall act as local Director of Civil Defense.

In the event of the absence of the Mayor or in the event the Mayor is unable to act, the Mayor pro tempore shall serve until the Mayor returns or is able to act. The Mayor pro tempore shall have all of the powers and duties of the Mayor.

SECTION VII:

Section 2.04. 170 of the Orange Municipal Code, “Administration and Personnel – Addressing the Council – Permission Required,” is hereby amended to read as follows:

2.04.170 – Addressing the Council – Methods.

A. Written Communications. Interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion.

B. Oral Communications. Taxpayers or residents of the City, or their authorized legal representatives, may address the Council by oral communications on any matter concerning the City's business, or any matter over which the Council has control; provided, how ever, that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak in order that the same may appear on the meeting minutes of the Council.

C. Reading of Protests, Etc. Interested persons or their authorized representatives may address the Council by reading of protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration.

SECTION VIII:

Section 2.04.1 90 of the Orange Municipal Code, “Administration and Personnel – Addressing the Council – Manner—Time Limit,” is hereby amended to read as follows:

2.04.190 – Addressing the Council – Manner-Time Limit.

Each person addressing the Council shall step up (to the microphone ), may state their name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit their address to two minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No perso n, other than the Council, and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked a Council Member except through the presiding officer.

SECTION IX.

Section 2.04. 260(B) of the Orange Municipal Code, “ Administration and Personnel – Appointment of Hearing Officer by City Council,” is hereby amended to read as follows:
177
7 2.04.260 – Appointment of Hearing Officer by City Council.

B. Any hearing officer so appointed shall hold such hearing within the same time, manner, and notice of such hearing shall be given in the same manner as would otherwise apply had the hearing been held by the City Council.

SECTION X.

Section 2.08.040 of the Orange Municipal Code, “Administration and Personnel – City Council Compensation– Prospective Application,” is hereby amended to read as follows:

2.08.040 – Prospective Application.

Notwithstanding the provisions contained in California Government Code Section 36516.5, salary benefits shall apply to a member of the City Council who begins a new term in office as a member of the City Council after September 10, 2021.

SECTION XI.

Section 2.10.040 of the Orange Municipal Code, “Administration and Personnel – Campaign Reform – Definitions,” is hereby amended to read as follows:

2.10.040 – Definitions.

"Appointed City Official" means any person who is an appointed member of a City Board, Commission or Committee.

"City Candidate" means any person who is or was a candidate for Mayor, member of the City Council, City Clerk or City Treasurer of the City of Orange.

"City Candidate Committee" means the controlled committee of a City Candidate for the office of Mayor, member of the City Council, City Clerk or City Treasurer of the City of Orange.

"Contribution(s)" means money, in kind services, goods, extensions of credit, certain loans or other things of value and as is further defined in the Political Reform Act of 1974 and Title 2, California Code of Regulations, Section 18530.7.

"Elective City Officer" means any person who is Mayor, a member of the City Council, City Clerk, or City Treasurer of the City of Orange, whether appointed or elected.

SECTION XII:

Section 2. 11.010 of the Orange Municipal Code, “ Administration and Personnel – Electronic Filing – Electronic Filing of Campaign Statements and Statements of Economic Interests,” is hereby amended to read as follows:
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8 2.11.010 – Electronic Filing of Campaign Statements and Statements of Economic Interests.

Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contrib utions totaling less than $2,000.00, and makes expenditures totaling less than $2,000.00 in a calendar year, shall file those statements, reports, or other documents online or electronically using software specified by the Director of the City Clerk Services.

A. Any person holding a position listed in Government Code Section 87200 or designated in the City's local conflict of interest code adopted pursuant to Government Code Section 87300, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the City Clerk.

B. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not requ ired to, file the copy electronically.

C. If the City Clerk's electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.

SECTION XIII:

Section 2.15.020 of the Orange Municipal Code, “Administration and Personnel – Gifts to Public Officials – Definitions,” is hereby amended to read as follows:

2.15.020 – Definitions.

For the purposes of this chapter:

A. "City" means the City of Orange.

B. "City officer" means every person who is elected or appointed to an office in the City which is specified in Section 87200 of the California Government Code.

C. "Designated employee" means every employee of the City who is designated in the City's Conflict of Interest Code to file a statement of economic interests and every member of a board or commission under the jurisdiction of the City Council required to file such a statement.

D. "Doing business with the City" means:

1. Seeking the award of a contract or grant from the City; or 179
9 2. Having sought the award of a contract or grant from the City in the past 12 months; or

3. Being engaged as a lobbyist or lobbyist firm, as defined in this section, from the time of such engagement until 12 months after the award of the contract, grant, license (excepting a business license), permit, or other entitlement for use, which was the s ubject of the engagement; or

4. Having an existing contractual relationship with the City, until 12 months after the contractual obligations of all parties have been completed; or

5. Seeking, actively supporting, or actively opposing the issuance, by the City, of a license (excepting a business license), permit or other entitlement for use, or having done any of these things within the past 12 months.

E. "Gift" shall have the meaning it is defined to have in the California Political Reform Act, Government Code § 82028, as amended, and the regulations issued pursuant to that Act.

The following items shall be deemed to be additional exceptions to the definition of "Gift":

1. Food, beverages, and free admission at any event sponsored by, or for the benefit of, a bona fide educational, academic, or charitable organization, and commemorative gifts from such organizations with a cumulative value of $50.00 or less during any 12 month period.

2. Food, beverages, and free admission provided by a governmental agency at ceremonial functions commemorating the opening or naming of a public facility.

3. Food and beverage such as coffee, donuts, etc., with a unit value of less than five dollars.

4. Flowers, plants, balloons or similar tokens which are given to express condolences, congratulations, or sympathy for ill health, or to commemorate special occasions, provided that gifts made or received under this exemption shall not exceed a value of $50. 00 from any single source in any calendar year.

5. A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official.

6. Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the City of Orange within 45 days of receipt, and the public official does not claim any tax deduction by virtue of such donation.

7. Hospitality (including food, beverages, or occasional lodging) provided by an individual in his or her home when the individual or a member of the individual's family is present, to a public official.

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10 F. "Lobbyist" shall mean any individual, including an attorney, who is employed or contracts for consideration, other than reimbursement of reasonable travel expenses, to communicate directly with any City officer or staff member of a City Council member for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law.

G. "Lobbyist firm" shall mean: (1) any business entity, which is employed or contracts for consideration, other than reimbursement of travel expenses, to communicate directly with a City officer or staff member of a City Council Member for the purpose of seeking, actively supporting or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use; or (2) any business entity of which any member or employee is a lobbyist.

H. "Principal" shall mean any individual or business entity which employs or contracts with a lobbyist or lobbyist firm for any of the purposes stated in Section 2.15.020(F) or Section

2.15.020(G).

I. An "individual" or "business entity" shall be deemed to be employed or contracting to communicate directly with a City officer, or staff member of a City Council Member, if it is reasonably foreseeable that in the course of employment or in the course of perf orming the contract the individual, or an employee of the entity, will have communications with any City officer or staff member of a City Council Member outside of any meeting governed by the Ralph M. Brown Act (which is codified in the California Government Code commencing with Section 54950), for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use.

J. An "individual lobbyist" who is an officer, partner or employee of his or her principal shall be deemed to be "engaged" within the meaning of this section on the first occasion on which he or she engages in communications described in Section 2.15.020(I). A lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her principal, shall be deemed to be "engaged" within the meaning of this section upon the completion of an agreement, oral or written, to provide the services specified in Section 2.15.020(F) or Section

2.15.020(G).

K. "Public official" means every City officer and every designated employee.

SECTION XIV:

Section 2.16.020 of the Orange Municipal Code, “ Administration and Personnel – City Manager – Duties” and Section 2. 16.070 of the Orange Municipal Code, “ Administration and Personnel – City Manager – Removal of City Manager,” are hereby amended to read as follows:

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11 2.16.020 – Duties.

The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this chapter. They shall be responsible for the efficient administration of all the affairs of the City which are under their control. In addition to their general powers as administrative head and not as a limitation, it shall be their duty and they shall have the power to:

A. Appoint competent, qualified officers and employees to the administrative service and to dismiss, suspend and discipline all officers and employees in the administrative service under his or her control; they shall also have the power to authorize a department head, or officer responsible to them, to appoint and remove subordinates serving under that department head or officer; no department head shall be appointed or removed until the City Manager has first reviewed such appointment or removal with the City Council in executive session and received approval for such appointment or removal;

B. Designate themselves or some other officer or employee to perform the duties of any office or position in the administrative service under his or her control which is vacant or which lacks administration due to the absence or disability of the incumbent;

C. Prepare and present to the Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the Council shall require. The report may be integrated into the annual budget report;

D. Assemble estimates of the financial needs and resources of the City for each ensuing year, and prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses;

E. See that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed;

F. Attend all meetings of the City Council unless excused therefrom by the City Council, except when their removal is under consideration by the City Council;

G. Recommend to the City Council for adoption such measures and ordinances as they deem necessary or expedient;

H. Keep the City Council at all times fully advised as to the financial conditions and needs of the City; make such other reports and recommendations as may be desirable or as requested by the City Council;

I. Purchase or cause to be purchased by some officer designated by them all supplies and equipment for all of the departments or divisions of the City; all purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance;

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12 J. Provide staff services relating to the development and implementation of programs and plans for economic development and redevelopment activities which stress improving the City's tax base and increasing, improving and preserving the community's supply of low and moderate-income housing;

K. Administer development projects located in designated redevelopment project areas and affordable housing projects located within the City;

L. Provide services to developers and investors to assist in facilitating development and the provision of affordable housing or to encourage new development consistent with City goals and objectives;

M. Exercise any other powers regarding community and economic development which the City Council may desire to delegate subject to such conditions as may be imposed by the City Council; and

N. Serve in any appointed office within the City government to which they may be qualified when appointed thereto by the City Council, and hold and perform duties thereof at the pleasure of the City Council; perform such other duties and exercise such other powers as may be delegated to them from time to time by ordinance or resolution or other action by the City Council.

2.16.070 – Removal of City Manager.

A. Vote Required. The removal of the City Manager shall be only upon a majority vote of the whole Council in the City in regular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of the City Manager's intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention. The effective date of the City Manager's removal shall be as shown upon the written notice.

B. Hearing. Within seven days after the delivery to the City Manager of such notice he or she may, by written notification to the City Clerk, request a hearing before the City Council.

Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, at which the City Manager shall appear and be heard.

C. Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his or her grounds of opposition to his or her removal.

D. Limitations. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability 183
13 of the City Manager in the performance of the powers and duties of his or her office. After the expiration of the 90 day period aforementioned, the provisions of §2.16.070 as to the removal of the City Manager shall apply and be effective, except where the City Manager is accused of committing acts of moral turpitude or of violation of any law which would bring disrepute upon his or her office or has committed any acts of dis honesty, the Council may forthwith discharge the City Manager upon a majority vote of the Council without hearing.

SECTION XV:

Section 2. 20.060(A) of the Orange Municipal Code, “ Administration and Personnel – Administrative Service – Office Hours – Deposit and Payment of Money,” is hereby amended to read as follows:

2.20.060 – Office Hours – Deposit and Payment of Money.

A. Office Hours. All public offices of the City, with the exception of the Police Department, the Fire Department, the Water Division, and the City Library, shall be closed upon the holidays as follows:

1. Every Saturday;

2. Every Sunday;

3. New Year's Day (January 1);

4. Presidents’ Day (third Monday in February);

5. Memorial Day (last Monday in May);

6. Independence Day (July 4);

7. Labor Day (first Monday in September);

8. Veterans' Day (November 11);

9. Thanksgiving Day;

10. Day after Thanksgiving;

11. One-half day before Christmas, if December 24th falls on a Monday through Thursday;

12. Christmas Day (December 25);

13. With the approval of the City Manager, holidays and days of mourning, etc., which are decreed by the Mayor, the Governor of the State, or the President of the United States of America.
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14 SECTION XVI:

Section 2. 22.010 of the Orange Municipal Code, “ Administration and Personnel – Department of Law – Composition – Duties,” is hereby amended to read as follows:

2.22.010 – Composition – Duties.

The Department of Law shall be supervised by the City Attorney, who is appointed by the City Council. The removal of City Attorney shall be only upon a majority vote of the whole Council of the City at a regular Council meeting; subject, however, to the following provisions: In case of the intended removal by the City Council, the City Attorney shall be furnished with the written notice stating the City Council's intention to remove said City Attorney. The effective date of such removal shall be shown upon the written notice. Within seven days after the delivery to the City Attorney of such notice, said City Attorney may, by written notification to the City Manager, request a hearing by the City Council. Thereafter, the City Council shall choose a time for the hearing which shall be held at its usual meeting place and at which the City Attorney shall appear and be heard. In removing the City Attorney, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpos e of which hearing is to allow the City Attorney to present to said City Council the grounds of opposition to such removal. The City Attorney shall enforce all laws and act to protect the interests of the City and shall:

A. Advise Council. Advise the Council or its committees of any City officer, when thereto requested, upon all legal questions arising in the conduct of City business;

B. Prepare Ordinances. Prepare or revise ordinances or resolutions when so requested by the Council or any committee thereof. When the City Manager and City Attorney agree there is an emergency situation, prepare ordinances, resolutions or other documents for consideration by the Council;

C. Give Opinions. Give his or her opinion upon any legal matter or questions submitted to him or her by the Council, or any of its committees, or by any City officer;

D. Attend Meetings. Attend all Council meetings in their entirety for the purpose of giving the Council any legal advice requested by its members;

E. Prepare Legal Instruments. Prepare for execution all contracts and instruments to which the City is a party and shall approve, as to form, all bonds required to be submitted to the City;

F. Prosecute Offenders. When authorized by the Council, prepare all charges and complaints and appear in the appropriate court, in the prosecution of every person charged with the violation of a City ordinance;

G. Immediate Report of Decision. Immediately report the outcome of any litigation in which the City has an interest to the City Council and City Manager; 185
15 H. Control Legal Services to Council Action. Have charge of all legal services which are provided on behalf of the City and the Council;

I. Keep Records—Suits. Keep a complete record of all suits in which the City had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition if pending, and the briefs of counsel.

SECTION XVII:

Section 2.28 of the Orange Municipal Code, “Department of Records,” is hereby amended to read as follows:

2.28 DEPARTMENT OF CITY CLERK SERVICES.

2.28.010 – Members.

The Department of City Clerk Services shall consist of an elected City Clerk and a Director of City Clerk Services, along with other supporting staff.

2.28.020 – Elected City Clerk – Generally.

A. The elected City Clerk shall perform those functions required by State law.

B. The elected City Clerk shall receive as compensation the sum of $365.00 per month.

C. The elected City Clerk may, pursuant to State law, appoint a Deputy City Clerk. The Deputy City Clerk shall receive such compensation and expense allowance as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against such fund of the City as the City Council shall designate.

2.28.030 – Director of City Clerk Services – Duties.

The Director of City Clerk Services shall be appointed by the City Manager. The Director of City Clerk Services shall p erform duties as defined by California statutes and the code. The Director of City Clerk Services shall be responsible for overseeing the Department of City Clerk Services, managing administration, elections, records, and legal compliance. Responsibilities include budget management, personnel oversight, interdepartmental coordination, election planning, records preservation, public communication, and administrative function s.

2.28.040 – Director of City Clerk Services – Removal.

The Director of City Clerk Services shall serve at the pleasure of the City Manager. Unless otherwise provided for by law, the Director of City Clerk Services may be removed at any time, with or without cause, at the sole discretion of the City Manager.

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16 2.28.050 – Director of City Clerk Services – Compensation.

The Director of City Clerk Services shall receive such compensation and expense allowance as the City Council shall from time to time determine and said compensation and expenses shall be a proper charge against such funds of the City as the City Council s hall designate.

SECTION XVIII:

Section 2.42.010 of the Orange Municipal Code, “Administration and Personnel – Department of Community Development – Director – Duties,” is hereby amended to read as follows:

2.42.010 – Director of Community Development – Director –Duties.

The Director of Community Development is responsible for the preparation and/or review of all land use plans and the review of all development for conformance with the City's general plans and zoning ordinance. The Director of Community Development is responsible for the preparation of applications and reports for the Community Development Block Grant program and other federal programs that provide funds for public services, public facilities and improvements, an d affordable housing activities. The Director of Community Development is responsible for the administration of federal and state assisted programs to increase, improve, and preserve the community’s supply of low and moderate -income housing. The functions within the department shall include, but are not limited to:

A. Advanced planning;

B. Current planning; and

C. Building and safety.

2.42.020 – Director of Community Development – Construction.

Section 2. 42.020 of the Orange Municipal Code, “ Administration and Personnel – Department of Community Development – Construction” is hereby deleted in its entirety.

SECTION XIX:

2.46 DEPARTMENT OF ECONOMIC DEVELOPMENT

Section 2.46 of the Orange Municipal Code, “Administration and Personnel – Department of Economic Development” is hereby deleted in its entirety.

SECTION XX:

Section 2.64.010 of the Orange Municipal Code, “Administration and Personnel – Planning Commission – Created,” is hereby amended to read as follows:
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17 2.64.010 – Planning Commission – Created

There is created a Planning Commission consisting of seven members appointed by the Mayor with the approval of a majority of the City Council. The powers and duties of the Planning Commission shall be defined in §17.08.020(B)(2).

SECTION XXI:

Section 2.72.010 of the Orange Municipal Code, “Administration and Personnel – Public Library – Established,” is hereby amended to read as follows:

2.72.010 – Public Library – Established

A public library is established in the City in accordance with Education Code §18900 et seq. to be operated as provided by state law.

SECTION XXII:

Section 2. 76 of the Orange Municipal Code, “ Administration and Personnel – Public Employees’ Retirement System” is hereby deleted in its entirety.

SECTION XXIII:

Sections 2.80.010 of the Orange Municipal Code, “Administration and Personnel – Enforcement of the Orange Municipal Code – Code Enforcement Personnel” and 2.80.020 of the Orange Municipal Code, “Administration and Personnel – Enforcement of the Orange Municipal Code – Reinspection Fee,” are hereby amended to read as follows:

2.80.010 - Enforcement of the Orange Municipal Code –Enforcement

The City Manager, City Attorney, Police Chief, Fire Chief, Director of Community Development, Director of Public Works, and Director of Community Services may delegate in writing the Code to a person or person employed by a company contracted to provide enforcement services. A person may have th e power and authority, pursuant to California Penal Code Section 836.5 or as may be amended, or any other applicable City or state law, including but not limited to investigating violations of the Code, enforcing parking violations, arresting persons, preparing, issuing, delivering to any such arrested person wr itten notice to appear in court, releasing such person from custody upon receiving that person's written promise to appear in court, and issuing citations in lieu of such arrest.

2.80.020 - Enforcement of the Orange Municipal Code – Reinspection Fee.

Each person who has received a notice of violation or citation for violation of any of the applicable provisions of this code and who has failed or refuses to comply with the applicable section(s) of this code within the time and manner specified in such n otice of violation or citation, shall pay a 188
18 reinspection fee for each inspection conducted by a City code enforcement officer or authorized person when it is determined that the noncompliance still exists. Such fee shall not exceed the estimated cost of the reinspection and shall be in an amount as set forth by resolution of the City Council. Any fees imposed under this section shall be in addition to any fines, fees or other penalties that may be imposed. The amount of any fee(s) imposed shall be deemed a civil debt due and owing to the City that is collectible in any manner allowed by law.

SECTION XXIV:

SECTION XXV:

ADOPTED this day of , 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

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19 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 20 24 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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ORDINANCE NO. 06-24

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE AMENDING VARIOUS
SECTIONS IN TITLES 1 AND 2 OF THE ORANGE

MUNICIPAL CODE TO DELETE OUTDATED

LANGUAGE, UPDATE REFERENCES TO CONFORM

WITH CURRENT LAW AND CODE PROVISIONS,
AND ACHIEVE INTERNAL CONSISTENCY.

WHEREAS, the Orange Municipal Code requires updates, from time to time, to reflect current administrative or operational procedures adopted by the City; and

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

SECTION I:

SECTION II:

1.04.070 – Reference to Code Applies to Amendments.

Whenever a reference is made to any portion of this code, or to any ordinance of this City, the reference applies to all amendments and securing such prior permission.

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2 1.04.130 – Definitions

"City" means the City of Orange.

"Council" means the City Council of this City.

"County" means the County of Orange.

"Oath" includes affirmation.

The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance, respectively, of the City.

"Owner" applied to a building or land includes any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of such building or land.

"Person" includes any person, firm, association, organization, partnership, or corporation.

"Shall" is mandatory, and "may" is permissive.

"State" means the State of California.

"Tenant" or "occupant," applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

SECTION III:

Section 1.08.020 of the Orange Municipal Code, “ General Penalty – Violation Deemed Nuisance – Abatement,” is hereby amended to read as follows:

1.08.020 – Violation Deemed Nuisance—Abatement.

The cost to the City of abatement of any nuisance on a parcel of land shall constitute a special 192
3 assessment against that parcel and may be collected at the same time and in the same manner as ordinary municipal taxes are collected , and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

SECTION IV:

Section 1.10.050 of the Orange Municipal Code, “ Administrative Citations – Administrative Citation – Violation,” is hereby amended to read as follows:

1.10.050 – Administrative Citation – Violation.

A. General Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a code violation, as defined in this chapter, that does not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines . The issuance of An administrative citation may be issued by any officer or official of that department after noncompliance with a notice of violation or to a repeat offender of the same offense within a 12-month period.

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

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

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

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

6. The City may take into consideration the fact that a person or reasonable person has been issued an administrative citation when the City is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use appro val or other entitlement regarding that person or property, and such administrative citations are evidence that the person has committed a violation of the code. 193
4 7. Obligation to Correct Violation(s). Nothing in this code chapter shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.

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

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

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

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

SECTION V:

Section 1.14.140 of the Orange Municipal Code, “ Administrative Citations – Procedures at Administrative Hearing,” is hereby amended to read as follows:

1.14.140 – Procedures at Administrative Hearing.
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5 A. No hearing to appeal an administrative citation before a hearing officer shall be held unless and until a request for hearing and appeal fee has been completed.

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

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

D. Except as set forth in § 1.10.150 below, the failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure of such person's rights to exhaust their administrative remedies and they may be ordered to pay such fine(s) forthwith.

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

SECTION VI:

Section 2.04.040 of the Orange Municipal Code, “Administration and Personnel – Mayor Duties,” is hereby amended to read as follows:

2.04.040 – Mayor Duties.

The presiding officer of the Council shall be the Mayor. The presiding officer shall preserve strict order and decorum at all regular and special meetings of the Council. He or she They shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conc lusively determine such question of order. He 195
6 or she They shall vote on all questions, his or her their name being called last. He or she They shall sign all ordinances and resolutions adopted by the Council during his or her their presence. In the event of the absence of the Mayor, the Mayor pro tempore shall sign ordinances or resolutions as then adopted. He or she They shall handle all publicity to the press and public involving matters under control of the City Council and which have not been delegated to the City Manager. He or she They shall appoint such committees as he or she they deems necessary and expedient for carrying out the policies of the City. He or she They shall act as local Director of Civil Defense.

SECTION VII:

Section 2.04. 170 of the Orange Municipal Code, “Administration and Personnel – Addressing the Council – Permission Required,” is hereby amended to read as follows:

2.04.170 – Addressing the Council – Permission Required Methods.

Any person desiring to address the Council shall first secure the permission of the presiding officer to do so; provided, however, that under the following headings of business, unless the presiding officer rules otherwise, any qualified person may address the Council without securing such prior permission:

A. Written Communications. Interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion.

SECTION VIII:

Section 2.04.1 90 of the Orange Municipal Code, “Administration and Personnel – Addressing the Council – Manner—Time Limit,” is hereby amended to read as follows:

2.04.190 – Addressing the Council – Manner-Time Limit.

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7 Each person addressing the Council shall step up (to the microphone), shall give may state their name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit their address to two minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council, and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked a Council Member except through the presiding officer.

SECTION IX.

Section 2.04. 260(B) of the Orange Municipal Code, “ Administration and Personnel – Appointment of Hearing Officer by City Council,” is hereby amended to read as follows:

2.04.260 – Appointment of Hearing Officer by City Council.

B. Any hearing officer so appointed shall hold such hearing within the same time , and manner, and notice of such hearing shall be given, in the same manner as would otherwise apply had the hearing been held by the City Council.

SECTION X.

Section 2.08.040 of the Orange Municipal Code, “Administration and Personnel – City Council Compensation– Prospective Application,” is hereby amended to read as follows:

2.08.040 – Prospective Application.

SECTION XI.

Section 2.10.040 of the Orange Municipal Code, “Administration and Personnel – Campaign Reform – Definitions,” is hereby amended to read as follows:

2.10.040 – Definitions.

"Appointed City Official" means any person who is an appointed member of a City Board, Commission or Committee.

"City Candidate" means any person who is or was a candidate for Mayor, member of the City Council, City Clerk or City Treasurer of the City of Orange.

"City Candidate Committee" means the controlled committee of a City Candidate for the office of Mayor, member of the City Council, City Clerk or City Treasurer of the City of Orange.

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8 "Contribution(s)" means money, in kind services, goods, extensions of credit, certain loans or other things of value and as is further defined in the Political Reform Act of 1974 and Title 2, California Code of Regulations, Section 18530.7.

"Elective City Officer" means any person who is Mayor, a member of the City Council, City Clerk, or City Treasurer of the City of Orange, whether appointed or elected.

SECTION XII:

2.11.010 – Electronic Filing of Campaign Statements and Statements of Economic Interests.

Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contrib utions totaling less than $2,000.00, and makes expenditures totaling less than $2,000.00 in a calendar year, shall file those statements, reports, or other documents online or electronically with the using software specified by the Director of the City Clerk Services.

A. Any person holding a position listed in Government Code Section 82700 87200 or designated in the City's local conflict of interest code adopted pursuant to Government Code Section 83700 87300, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the City Clerk.

SECTION XIII:

Section 2.15.020 of the Orange Municipal Code, “Administration and Personnel – Gifts to Public Officials – Definitions,” is hereby amended to read as follows:

2.15.020 – Definitions.

For the purposes of this chapter:

A. "City" means the City of Orange.
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9 B. "City officer" means every person who is elected or appointed to an office in the City which is specified in Section 87200 of the California Government Code.

D. "Doing business with the City" means:

1. Seeking the award of a contract or grant from the City; or

2. Having sought the award of a contract or grant from the City in the past 12 months; or

4. Having an existing contractual relationship with the City, until 12 months after the contractual obligations of all parties have been completed; or

E. "Gift" shall have the meaning it is defined to have in the California Political Reform Act, Government Code § 82028, as amended, and the regulations issued pursuant to that Act ., which reads as follows:

"82028. Gift

(a) "Gift" means, except as provided in subdivision (b), any payment to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value.

(b) The term "gift" does not include:

(1) Informational material such as books, reports, pamphlets, calendars, or periodicals. No payment for travel or reimbursement for any expenses shall be deemed "informational material."

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10 (2) Gifts which are not used and which, within 30 days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes.

(3) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such p erson shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph.

(4) Campaign contributions required to be reported under Chapter 4 of this title.

(5) Any devise or inheritance.

(6) Personalized plaques and trophies with an individual value of less than $250."

The following items shall be deemed to be additional exceptions to the definition of "Gift":

2. Food, beverages, and free admission provided by a governmental agency at ceremonial functions commemorating the opening or naming of a public facility.

3. Food and beverage such as coffee, donuts, etc., with a unit value of less than five dollars.

5. A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official.

6.Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the City of Orange within 45 days of receipt, and the public official does not claim any tax deduction by virtue of such donation.

F. "Lobbyist" shall mean any individual, including an attorney, who is employed or contracts for consideration, other than reimbursement of reasonable travel expenses, to 200
11 communicate directly with any City officer or staff member of a City Council member for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permi t, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law.

H. "Principal" shall mean any individual or business entity which employs or contracts with a lobbyist or lobbyist firm for any of the purposes stated in Section 2.15.020(F) or Section

2.15.020(G).

I. An "individual" or "business entity" shall be deemed to be employed or contracting to communicate directly with a City officer, or staff member of a City Council Member, if it is reasonably foreseeable that in the course of employment or in the course of performing the contract the individual, or an employee of the entity, will have a telephone conversation or a discussion communications with any City officer or staff member of a City Council Member outside of any meeting governed by the Ralph M. Brown A ct (which is codified in the California Government Code commencing with Section 54950), for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use.

2.15.020(I). A lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her principal, shall be deemed to be "engaged" within the meaning of this section upon the completion of an agreement, oral or written, to provide the services specified in Section

2.15.020(F) or Section 2.15.020(G).

K. "Public official" means every City officer and every designated employee.

SECTION XIV:

2.16.020 – Duties.

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12 The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this chapter. He or she They shall be responsible for the efficient administration of all the affairs of the City which are under his or her their control. In addition to his or her their general powers as administrative head and not as a limitation, it shall be his or her their duty and he or she they shall have the power to:

A. Appointments—Dismissals. Appoint competent, qualified officers and employees to the administrative service and to dismiss, suspend and discipline all officers and employees in the administrative service under his or her control; he or she they shall also have the power to authorize a department head, or officer responsible to him or her them, to appoint and remove subordinates serving under that department head or officer; no department head shall be appointed or removed until the City Manager has first reviewed such appointment or removal with the City Council in executive session and received approval for such appointment or removal;

B. Vacancies—Appointment to Acting Capacity. Designate himself or herself themselves or some other officer or employee to perform the duties of any office or position in the administrative service under his or her control which is vacant or which lacks administration due to the absence or disability of the incumbent;

C. Annual Report. Prepare and present to the Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the Council shall require. The report may be integrated into the annual budget report;

D. Budget Report. Assemble estimates of the financial needs and resources of the City for each ensuing year, and prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses;

E. Enforcement of Laws. See that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed;

F. Attendance of Meetings. Attend all meetings of the City Council unless excused therefrom by the City Council, except when his or her their removal is under consideration by the City Council;

G. Make Recommendations. Recommend to the City Council for adoption such measures and ordinances as he or she they deems necessary or expedient;

I. Purchases. Purchase or cause to be purchased by some officer designated by him or her them all supplies and equipment for all of the departments or divisions of the City; all purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance;
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13 J. Provide staff services relating to the development and implementation of programs and plans for economic development and redevelopment activities which stress improving the City's tax base and increasing, improving and preserving the community's supply of low and moderate- income housing;

K. Administer development projects located in designated redevelopment project areas and affordable housing projects located within the City;

M. Exercise any other powers regarding community and economic development which the City Council may desire to delegate subject to such conditions as may be imposed by the City Council; and

J. Miscellaneous Duties. N. Serve in any appointed office within the City government to which he or she they may be qualified when appointed thereto by the City Council, and hold and perform duties thereof at the pleasure of the City Council; perform such other duties and exercise such other powers as may be delegated to him them from time to time by ordinance or resolution or other action by the City Council.

2.16.070 – Removal of City Manager.

A. Vote Required. The removal of the City Manager shall be only upon a majority vote of the whole Council in the City in regular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of the City Manager's intended re moval by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention.

The effective date of the City Manager's removal shall be as shown upon the written notice.

B. Hearing. Within seven days after the delivery to the City Manager of such notice he or she may, by written notification to the City Clerk, request a hearing before the City Council.

Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, at which the City Manager shall appear and be heard.

C. Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to all ow the City Manager to present to the City Council his or her grounds of opposition to his or her removal.

D. Limitations. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in 203
14 the performance of the powers and duties of his or her office. After the expiration of the 90 day period aforementioned, the provisions of this subsection D §2.16.070 as to the removal of the City Manager shall apply and be effective, except where the City Manager is accused of committing acts of moral turpitude or of violation of any law which would bring disrepute upon his or her office or has committed any acts of di shonesty, the Council may forthwith discharge the City Manager upon a majority vote of the Council without hearing.

SECTION XV:

2.20.060 – Office Hours – Deposit and Payment of Money.

1. Every Saturday;

2. Every Sunday;

3. New Year's Day (January 1);

4. Washington's Birthday Presidents’ Day (third Monday in February);

5. Memorial Day (last Monday in May);

6. Independence Day (July 4);

7. Labor Day (first Monday in September);

8. Veterans' Day (November 11);

9. Thanksgiving Day;

10. Day after Thanksgiving;

11. One-half day before Christmas, if December 24th falls on a Monday through Thursday;

12. Christmas Day (December 25);

13. With the approval of the City Manager, holidays and days of mourning, etc., which are decreed by the Mayor, the Governor of the State, or the President of the United States of America.

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15 SECTION XVI:

Section 2. 22.010 of the Orange Municipal Code, “ Administration and Personnel – Department of Law – Composition – Duties,” is hereby amended to read as follows:

2.22.010 – Composition – Duties.

The Department of Law , shall be supervised by the City Attorney, who shall be is appointed by the City Council. The removal of City Attorney shall be only upon a majority vote of the whole Council of the City at a regular Council meeting; subject, however, to the following provisions: In case of the intended removal by the City Council, the Cit y Attorney shall be furnished with the written notice stating the City Council's intention to remove said City Attorney. The effective date of such removal shall be shown upon the written notice. Within seven days after the delivery to the City Attorney of such notice, said City Attorney may, by written notification to the City Manager, request a hearing by the City Council. Thereafter, the City Council shall choose a time for the hearing which shall be held at its usual meeting place and at which the City Attorney shall appear and be heard. In removing the City Attorney, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpose of whic h hearing is to allow the City Attorney to present to said City Council the grounds of opposition to such removal. The City Attorney shall enforce all laws and act to protect the interests of the City and shall:

A. Advise Council. Advise the Council or its committees of any City officer, when thereto requested, upon all legal questions arising in the conduct of City business;

C. Give Opinions. Give his or her opinion upon any legal matter or questions submitted to him or her by the Council, or any of its committees, or by any City officer;

D. Attend Meetings. Attend all Planning Commission and Council meetings in their entirety for the purpose of giving the Council any legal advice requested by its members;

E. Prepare Legal Instruments. Prepare for execution all contracts and instruments to which the City is a party and shall approve, as to form, all bonds required to be submitted to the City;

G. Immediate Report of Decision. Immediately report the outcome of any litigation in which the City has an interest to the City Council and City Manager;

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16 H. Control Legal Services to Council Action. Have charge of all legal services which are provided on behalf of the City and the Council;

SECTION XVII:

Section 2.28 of the Orange Municipal Code, “Department of Records,” is hereby amended to read as follows:

2.28 DEPARTMENT OF RECORDS CITY CLERK SERVICES.

2.28.010 – Members.

The Department of Records City Clerk Services shall consist of an elected City Clerk and a Director of City Clerk Services, along with other supporting staff.

2.28.020 – Elected City Clerk – Generally.

A. The elected City Clerk shall perform those functions required by State law.

B. The elected City Clerk shall receive as compensation the sum of $365.00 per month.

2.28.030 – Director of City Clerk Services – Appointment Duties.

Responsibilities include budget management, personnel oversight, interdepartmental coordination, election planning, records preservation, public communication, and administrative function s.

2.28.040 – Director of City Clerk Services – Removal.

SECTION XVIII:

Section 2.42.010 of the Orange Municipal Code, “Administration and Personnel – Department of Community Development – Director – Duties,” is hereby amended to read as follows:

2.42.010 – Director of Community Development – Director –Duties.

The Director of Community Development is responsible for the preparation and/or review of all land use plans and the review of all development for conformance with the City's general plans and zoning ordinance. The Director of Community Development is responsible for the preparation of applications and reports for the Community Development Block Grant program and other federal programs that provide funds for public services, public facilities and improvements, and affordable housing activities. The Director of Community Development is responsible for the administration of federal and state assisted programs to increase, improve, and preserve the community’s supply of low and moderate -income housing. The functions within the department shall include, but are not limited to:

A. Advanced planning;

B. Current planning; and

C. Building and safety.

2.42.020 – Director of Community Development – Construction.

Section 2. 42.020 of the Orange Municipal Code, “ Administration and Personnel – Department of Community Development – Construction” is hereby deleted in its entirety.

SECTION XIX:

2.46 DEPARTMENT OF ECONOMIC DEVELOPMENT

Section 2.46 of the Orange Municipal Code, “Administration and Personnel – Department of Economic Development” is hereby deleted in its entirety.

SECTION XX:

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18 Section 2.64.010 of the Orange Municipal Code, “Administration and Personnel – Planning Commission – Created,” is hereby amended to read as follows:

2.64.010 – Planning Commission – Created.

SECTION XXI:

Section 2.72.010 of the Orange Municipal Code, “Administration and Personnel – Public Library – Established,” is hereby amended to read as follows:

2.72.010 – Public Library – Established.

A public library is established in the City in accordance with the provisions of the Education Code §18900 et seq. to be operated as provided by state law.

SECTION XXII:

Section 2. 76 of the Orange Municipal Code, “ Administration and Personnel – Public Employees’ Retirement System” is hereby deleted in its entirety.

SECTION XXIII:

2.80.010 - Enforcement of the Orange Municipal Code – Code Enforcement Personnel.

The City Manager, City Attorney , Police Chief, Fire Chief, Director of Community Development, Director of Public Works, and Director of Community Services are authorized may delegate in writing to designate , by written designation or by job description, City employees under their supervision who shall have the responsibility and authority to enforce designated provisions of the Orange Municipal Code to a person or person employed by a company contracted to provide enforcement services . Such personnel as are so designated shall A person may have the power and authority, pursuant to California Penal Code Section 836.5 or as may be amended , and this chapter or any other applicable City or state law , including but not limited to investigating violations of said provisions the Code, enforcing parking violations, arresting persons, and to preparing, issuing, and delivering to any such arrested person written notice to appear in court, and to releasing such person from custody upon receiving that person's written promise to appear in court, or to and issuing citations in lieu of such arrest . , for any violation or violations of said provisions. Nothing in this section is intended to or shall have t he 208
19 effect of changing the status of any employees so designated to that of a peace officer or safety employee for purposes of retirement, workers' compensation or similar injury or death benefits, or any other employee benefits to which said officer or employ ee would not have been entitled to prior to adoption of this section or prior to that employee's designation under this section.

2.80.020 - Enforcement of the Orange Municipal Code – Reinspection Fee.

Each person who has received a notice of violation or citation for violation of any of the applicable provisions of this code and who has failed or refuses to comply with the applicable section(s) of this code within the time and manner specified in such notice of violation or citation, shall pay a reinspection fee for each inspection conducted by a City inspector code enforcement officer or authorized person when the inspector it is determinesd that the noncompliance still exists. Such fee shall not exceed the estimated cost of the reinspection and shall be in an amount as set forth by resolution of the City Council. Any fees imposed under this section shall be in addition to any fines, fees or other penalties that may be imposed. The amount of any fee(s) imposed shall be deemed a civil debt due and owing to the City that is collectible in any manner allowed by law.

SECTION XXIV:

SECTION XXV:

ADOPTED this day of , 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
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20 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2021, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 202 1 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Orange City CouncilMarch 26, 2024

Orange City Council
March 26, 2024