Agenda packet — Orange City Council, April 9, 2024 (part 2 of 3)

ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815

Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

Coverage may be evidenced by a current an d valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or sinc e the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate

Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general pre vailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 211

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 212

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 213

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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts

(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 215

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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 216

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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 217

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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each cal endar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or underg o testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 218

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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a s ubcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 219

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1 -to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which th e apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002 -03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Indust rial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
220

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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records incl ude, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to recei ve any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate th e process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

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

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 221

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

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
222

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and f ormed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 223

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying w hat portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutu ally agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and conf er for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 224

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 225
Agenda Item
City Council
Item #: 3.12. 4/9/2024 File #: 24-0225
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Hardy & Harper, Inc. for Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.28 (SP-4261).

2. SUMMARY
Bids for the Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024, were received and opened on March 21, 2024. Six bidders responded to the notice inviting bids. The apparent low bidder is Hardy & Harper, Inc. of Lake Forest, California in the amount of $3,850,000.

3. RECOMMENDED ACTION
Approve contract with Hardy & Harper, Inc. in the total amount of $4,042,500, representing an original bid amount of $3,850,000, plus a 5% contingency of $192,500 for Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this contract is $4,042,500 and will be funded in Pavement Management Program through:
263.5011.56330.13120 Measure M2 $1,827,162 274.5011.56330.13120 Road Maintenance Rehabilitation Account 1,658,498 500.5011.56330.13120 Capital Projects 556,840
Total: $4,042,500

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

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

6. DISCUSSION AND BACKGROUND
The Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024 is part of our Pavement Management Program FY24 (13120) activities and is designed to prolong the pavement City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 3.12. 4/9/2024 File #: 24-0225
life of city streets.

This asphalt concrete overlay project will rehabilitate approximately three arterial streets and seven residential streets throughout the City. The streets selected for maintenance are in accordance with our Pavement Management Plan, and generally fall into the “poor to fair” category. These streets require work at this time to prevent total pavement failure, which will result in complete reconstruction at a much higher future cost.

The City Council previously approved an advertisement for bids on February 13, 2024. The bid solicitation was advertised on February 22, 2024 for a period of four weeks and bids were opened on March 21, 2024. Six bids were received as follows:

1. Hardy & Harper, Inc., Lake Forest $3,850,000

2. Horizons Construction Company, Orange $3,893,594

3. R.J. Noble Company, Orange $3,927,430

4. All American Asphalt, Corona $3,944,944

5. Onyx Paving Company, Inc., Anaheim $4,022,600

6. Palp, Inc. Dba Excel Paving, Long Beach $4,289,380
The low bid is about 2.08% higher than the Engineer’sEstimate of $3,771,350. Staff checked the references and qualifications of Hardy & Harper, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends Hardy & Harper, Inc. be awarded the contract in the amount of $4,042,500, representing an original bid amount of $3,850,000 plus a 5% contingency of $192,500 for Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024.

Construction is scheduled to begin in June 2024 and is expected to be completed by October 2024.

7. ATTACHMENTS
· Bid Abstract
· Location Maps
· Contract with Hardy & Harper, Inc.

City of Orange Printed on 4/4/2024Page 2 of 2
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227
Agenda Item
City Council
Item #: 3.12. 4/9/2024 File #: 24-0225
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Hardy & Harper, Inc. for Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.28 (SP-4261).

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 Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024 is part of our Pavement Management Program FY24 (13120) activities and is designed to prolong the pavement City of Orange Printed on 4/4/2024Page 1 of 2
powered by Legistar™
228
Item #: 3.12. 4/9/2024 File #: 24-0225
life of city streets.

1. Hardy & Harper, Inc., Lake Forest $3,850,000

2. Horizons Construction Company, Orange $3,893,594

3. R.J. Noble Company, Orange $3,927,430

4. All American Asphalt, Corona $3,944,944

5. Onyx Paving Company, Inc., Anaheim $4,022,600

Construction is scheduled to begin in June 2024 and is expected to be completed by October 2024.

7. ATTACHMENTS
· Bid Abstract
· Location Maps
· Contract with Hardy & Harper, Inc.

City of Orange Printed on 4/4/2024Page 2 of 2
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1 2 3 4 5 6
Bid No. 23-24.28; Project No. SP-4261
Date of Bid Opening: 3/21/2024
Tel. No. (714) 444-1851 Tel. No. (714) 626-0000 Tel. No. (714) 637-1550 Tel. No. (951) 736-7600 Tel. No. (714) 632-6699 Tel. No. (562) 599-5841 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 2" Cold Plane Existing AC Pavement -
Residential 33,000 SY 3.50$ $115,500.00 $4.50 $148,500.00 $4.35 $143,550.00 $2.85 $94,050.00 $4.15 $136,950.00 $3.80 $125,400.00 $5.00 $165,000.00 2 Remove Asphalt Concrete/Subgrade
(Residential 4" Unclassified Excavation) 130 CY 150.00$ $19,500.00 $175.00 $22,750.00 $140.00 $18,200.00 $152.00 $19,760.00 $250.00 $32,500.00 $210.00 $27,300.00 $400.00 $52,000.00 3 Asphalt Concrete Pavement -
Residential Base Course 250 TON 170.00$ $42,500.00 $185.00 $46,250.00 $134.00 $33,500.00 $170.00 $42,500.00 $205.00 $51,250.00 $252.00 $63,000.00 $160.00 $40,000.00 4 Asphalt Rubberized Hot Mix (ARHM) -
Residential Surface Course (1/2" Class

ARHM-GG-C)
4,100 TON 140.00$ $574,000.00 $130.00 $533,000.00 $138.00 $565,800.00 $146.00 $598,600.00 $148.00 $606,800.00 $133.00 $545,300.00 $145.00 $594,500.00 5 Cold Plane Existing AC Pavement -
Arterial (Depth Per Plan) 72,000 SY 4.00$ $288,000.00 $4.50 $324,000.00 $4.65 $334,800.00 $3.25 $234,000.00 $4.45 $320,400.00 $4.80 $345,600.00 $5.00 $360,000.00 6 Remove Asphalt Concrete/Subgrade
(Arterial 8" Unclassified Excavation) 330 CY 125.00$ $41,250.00 $175.00 $57,750.00 $161.00 $53,130.00 $113.00 $37,290.00 $195.00 $64,350.00 $130.00 $42,900.00 $200.00 $66,000.00 7 Asphalt Concrete Pavement - Arterial
Base Course 660 TON 140.00$ $92,400.00 $185.00 $122,100.00 $140.00 $92,400.00 $162.00 $106,920.00 $130.00 $85,800.00 $160.00 $105,600.00 $156.00 $102,960.00 8 Asphalt Concrete Pavement - Arterial
Level Course 4,100 TON 145.00$ $594,500.00 $120.00 $492,000.00 $140.00 $574,000.00 $152.00 $623,200.00 $127.00 $520,700.00 $124.00 $508,400.00 $132.00 $541,200.00 9 Asphalt Rubberized Hot Mix (ARHM) -
Arterial Surface Course (3/4" Class

ARHM-GG-B)
8,100 TON 150.00$ $1,215,000.00 $130.00 $1,053,000.00 $144.00 $1,166,400.00 $146.00 $1,182,600.00 $148.00 $1,198,800.00 $133.00 $1,077,300.00 $145.00 $1,174,500.00 10 Adjust/Remove & Replace Water Valve
Box per OWD Std. No. 101 140 EA 1,250.00$ $175,000.00 $1,200.00 $168,000.00 $3,220.00 $450,800.00 $1,100.00 $154,000.00 $1,200.00 $168,000.00 $1,625.00 $227,500.00 $1,600.00 $224,000.00 11 Adjust Manhole Frame & Cover to
Grade per City Std. No. 408 60 EA 1,000.00$ $60,000.00 $1,200.00 $72,000.00 $1,300.00 $78,000.00 $1,000.00 $60,000.00 $1,500.00 $90,000.00 $1,550.00 $93,000.00 $1,500.00 $90,000.00 12 Provide & Install Type “E” Detector
Loops 50 EA 350.00$ $17,500.00 $500.00 $25,000.00 $1,250.00 $62,500.00 $435.00 $21,750.00 $525.00 $26,250.00 $420.00 $21,000.00 $500.00 $25,000.00 13 Install Traffic Signing & Striping,
Pavement Markings (Legends), and
Raised Pavement Markers (RPM's) for
Arterial Streets per City's Plan and
MUTCD
1 LS 60,000.00$ $60,000.00 $100,000.00 $100,000.00 $80,500.00 $80,500.00 $90,000.00 $90,000.00 $81,000.00 $81,000.00 $85,000.00 $85,000.00 $92,000.00 $92,000.00 14 Inventory and Install Traffic Signing &
Striping, Pavement Markings (Legends),
and Raised Pavement Markers (RPM's)
for Residential/Collector Streets per
MUTCD
1 LS 35,000.00$ $35,000.00 $20,000.00 $20,000.00 $32,700.00 $32,700.00 $14,000.00 $14,000.00 $13,000.00 $13,000.00 $13,600.00 $13,600.00 $25,000.00 $25,000.00 15 Traffic Control & Construction Phasing 1 LS 350,000.00$ $350,000.00 $517,850.00 $517,850.00 $125,700.00 $125,700.00 $491,000.00 $491,000.00 $383,174.00 $383,174.00 $550,000.00 $550,000.00 $598,000.00 $598,000.00 16 Sawcut & Remove Existing and
Construct Concrete Curb and Gutter,
Type A per City Std. Plan No. 117 (8" or
Variable Curb Face) (D)
100 LF 110.00$ $11,000.00 $125.00 $12,500.00 $23.40 $2,340.00 $148.00 $14,800.00 $150.00 $15,000.00 $163.00 $16,300.00 $100.00 $10,000.00 17 Horizontally Saw-Cut Curb, Or Remove
Existing Curb And Sidewalk Access
Ramp, And Construct New Ramp Per
City Std. Plan No. 121 With Detectable
Warning Surface (Truncated Dome 4' X
3') (D)
4 EA 8,500.00$ $34,000.00 $10,000.00 $40,000.00 $7,900.00 $31,600.00 $9,800.00 $39,200.00 $12,000.00 $48,000.00 $15,600.00 $62,400.00 $6,000.00 $24,000.00 18 Install Detectable Warning Surface
(Truncated Dome 4' X 3') per City
Standard Plan No. 121 on existing curb
ramp (D)
2 EA 1,000.00$ $2,000.00 $2,000.00 $4,000.00 $932.00 $1,864.00 $980.00 $1,960.00 $1,500.00 $3,000.00 $1,000.00 $2,000.00 $1,500.00 $3,000.00 19 Remove Existing and Construct
Concrete Cross Gutter and Spandrel per
City Std. Plan 119 (D)
500 SF 35.00$ $17,500.00 $35.00 $17,500.00 $42.00 $21,000.00 $38.00 $19,000.00 $35.00 $17,500.00 $45.00 $22,500.00 $35.00 $17,500.00 20 Remove Existing and Construct
Concrete Sidewalk per City Std. Plan 118
& 120 (D) 150 SF 22.00$ $3,300.00 $20.00 $3,000.00 $16.20 $2,430.00 $36.00 $5,400.00 $25.00 $3,750.00 $22.00 $3,300.00 $20.00 $3,000.00 21 Remove and Replace Existing Manhole
Frame and Cover, Adjust Manhole to
Grade, and Construct Concrete Collar
per City Std No. 407 and 408 (D)
6 EA 2,500.00$ $15,000.00 $1,800.00 $10,800.00 $2,430.00 $14,580.00 $1,700.00 $10,200.00 $2,300.00 $13,800.00 $2,200.00 $13,200.00 $2,700.00 $16,200.00 22 Furnish and Install PVC Conduit and Pull
Boxes per the Plans and Specifications 120 LF 70.00$ $8,400.00 $500.00 $60,000.00 $65.00 $7,800.00 $560.00 $67,200.00 $541.00 $64,920.00 $600.00 $72,000.00 $546.00 $65,520.00 $3,771,350.00 $3,850,000.00 $3,893,594.00 $3,927,430.00 $3,944,944.00 $4,022,600.00 $4,289,380.00 City of Orange: Summary of Bid Abstracts for:

Orange, CA Orange, CA
Grand Total

PAVEMENT IMPROVEMENTS

ENGINEER'S ESTIMATE
Annual Pavement Maintenance at Various Locations
FY 2023-2024
Hardy & Harper, Inc. Horizons Construction
Company R.J. Noble Company
Lake Forest, CA
Onyx Paving Company, Inc.

Corona, CA Anaheim, CA
Palp, Inc. Dba Excel Paving
Long Beach, CA
All American Asphalt

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Annual Pavement Maintenance FY23-24: Location Map 3
8/1/2023, 1:44:30 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
231
Annual Pavement Maintenance FY23-24: Location Map 6
8/1/2023, 1:18:00 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
232
Annual Pavement Maintenance FY23-24: Location Map 7
8/1/2023, 1:18:56 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
233
Annual Pavement Maintenance FY23-24: Location Map 9
8/29/2023, 4:26:28 PM
0 0.055 0.110.0275 mi
0 0.085 0.170.0425 km
1:2,257
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
234
A
nnual Pavement Maintenance FY23-24: Location Map 5
8/1/2023, 1:06:52 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
235
Annual Pavement Maintenance FY23-24: Location Map 8
8/30/2023, 3:16:00 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
236

CONTRACT
[Annual Pavement Maintenance at Various Locations, FY 2023-2024 (Bid No. 23-24.28; SP-4261)]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2024 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and HARDY & HARPER, INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

(1) The Construction Plans for Annual Pavement Maintenance at Various Locations, FY 2023 -2024 (Drawing SP-4261), approved by the “Engineer” (as defined herein below) on February 22, 2024 , and consisting of sheets numbered 1 through 33, inclusive (the “Plans”);

(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee);

(3) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;”

(4) The “City of Orange Standard Special Provisions;”

(5) The Standard Plans; and

(6) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby 237
2 specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Youichi Nakagawa (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coo rdinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

g. Contractor agrees that it has an obligation to reset all permanent survey markers as stated in the Orange Book, Part 4, Section 400-2, “Permanent Survey Markers ,” and obtain the approval for pre- and post-construction centerline tie sheets and Corner Records from the County of Orange and deliver said approved documents to City as soon as they are received. This obligation extends to any of its subcontractors that have performed work in this regard. This subsection survives completion of the Work, the Notice of Completion, and final payment and shall be an enforceable obligation until fulfilled.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of 238
3 the Work within ninety (90) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed THREE MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($3,850,000.00) unless said amount is amended by Contract Change Order approved by the City , 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 o f the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of ONE HUNDRED NINETY- TWO THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($192,500.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefore, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed FOUR MILLION FORTY-TWO THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($4,042,500.00).

ARTICLE 4
Licenses

Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract. 239
4 ARTICLE 5
Guarantees

a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any p art thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.

d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall re imburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced.

e. It is understood that emergency repairs may, by necessity, be made by City.

Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) th at City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quali ty. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
240
5 b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contrac t. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under an y 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 be nefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 8
Public Work; Prevailing Wage

a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed 241
6 and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions be fore commencing the performance of the work of this contract.”

d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state lab or laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time t o time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

During the performance of this Contract, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, men tal or physical disability, or any other basis prohibited by applicable law. 242
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.

ARTICLE 11
Indemnity

Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any acc ident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be direc tly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
243
8 b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.

(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.

(3) Workers’ Compensation as required by the State of California.

(4) Employer’s Liability $1,000,000 per accident for bodily injury or disease.

c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

d. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.

244
9 (2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.

(3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.

f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.

h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.

i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance t o either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

The Workers’ Compensation pol icy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.

j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination

City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.

Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with 245
10 this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the co sts of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.

b. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

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

(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
246
11 d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associ ated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.

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

f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulati ons in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue

This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the juri sdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment

a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated.

b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of 247
12 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”

Hardy & Harper, Inc. City of Orange
32 Rancho Circle 300 E. Chapman Avenue
Lake Forest, CA 92630 Orange, CA 92866-1591

Attn: Michael Murray Attn: Youichi Nakagawa

Telephone: (714) 444-1851 Telephone: (714) 744-5572 E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts

This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page] 248
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Michael Vigliotta, City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

HARDY & HARPER, INC., a California
corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

√MMC

249

Attachment No. 1

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ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815

Attachment No. 1

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Section 1771. Payment of general prevailing rate

Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prev ailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

Attachment No. 1

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Attachment No. 1

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Attachment No. 1

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Section 1771.4. Additional requirements when bidding and awarding public works contracts

Attachment No. 1

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Section 1775. Penalties for violations

Attachment No. 1

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Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

Attachment No. 1

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Attachment No. 1

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Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program

Attachment No. 1

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Attachment No. 1

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Attachment No. 1

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

Attachment No. 1

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Section 1815. Overtime

Attachment No. 2

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

Attachment No. 2

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Attachment No. 2

Page 3 of 3 ends

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 265
Agenda Item
City Council
Item #: 3.13. 4/9/2024 File #: 24-0230
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 Park Facility Roof Replacement.

2. SUMMARY
The City entered into a contract with La Rocque Better Roofs, Inc., for park facility roof replacement at Olive Park, Santiago Hills Park, Sycamore Park, and La Veta Park (Bid No. 22-23.30). The work has been completed to the satisfaction of the Community Services Department.

3. RECOMMENDED ACTION

1. Accept Park Facility Roof Replacement as complete (Bid No. 22-23.30).

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

4. ATTACHMENTS
· Notice of Completion
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Agenda Item
City Council
Item #: 3.13. 4/9/2024 File #: 24-0230
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 Park Facility Roof Replacement.

3. RECOMMENDED ACTION

1. Accept Park Facility Roof Replacement as complete (Bid No. 22-23.30).

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

4. ATTACHMENTS
· Notice of Completion
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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 and improvements known as “Park Facility Roof Replacement (AGR. 7498)” (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 April 9, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project was performed at Olive Park, 2841 N. Glassell St., Santiago Hills Park, 8040 E White Oak Ridge, Sycamore Park, 300 N Elm St, La Veta Park, 3705 E La Veta Ave, in the City of Orange. The Contractor who performed (or caused to be performed) said public work and improvements was La Rocque Better Roofs, Inc. with its principal office at 9077 Arrow Route Suite 100, Rancho Cucamonga, California 91730.

DATED as of the 9th day of April 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 9th day of April 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
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Agenda Item
City Council
Item #: 3.14. 4/9/2024 File #: 24-0241
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 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.

Ordinance No. 06-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 26, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 06-24.

4. ATTACHMENTS
· Ordinance No. 06-24
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Agenda Item
City Council
Item #: 3.14. 4/9/2024 File #: 24-0241
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

Ordinance No. 06-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 26, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 06-24.

4. ATTACHMENTS
· Ordinance No. 06-24
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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 this 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 Section1.08.010, 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 cost 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 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. 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 ofthe code is subject to being issued an administrative citation by any officer or official from that department.

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

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

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

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

7. Obligation to Correct Violation(s). Nothing in this 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 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 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. 274
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, the failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure of such person's rights to exhaust their administrative remedies and they may be ordered to pay such fine(s) forthwith.

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

F. If the officer or official submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be provided to the person requesting the hearing at least five 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. Formal rules of evidence shall not apply.

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

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 275
6 expedient for carrying out the policies of the City. Theyshall 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, however, 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 2.04.190 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 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:
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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 contributions 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 required 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 278
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 subject 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 performing 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; 281
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 282
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 dishonesty, 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 purpose 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; 284
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 perform 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 functions.

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. 285
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 shall 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, 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:

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 the 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 written 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 notice of violation or citation, shall pay a 287
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:

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 XXV:

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
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 26th 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
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Agenda Item
City Council
Item #: 3.15. 4/9/2024 File #: 24-0180
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of sewer equipment parts and inspection camera from CUES, Inc. as the single source vendor.

2. SUMMARY
Authorize purchase of sewer equipment parts and inspection camera to replace aging equipment in the amount of $77,432 with CUES, Inc.

3. RECOMMENDED ACTION
Approve the purchase of parts and inspection camera for $77,432 from CUES, Inc. the single source vendor for city sewer equipment.

4. FISCAL IMPACT
The total expenditure for this purchase is $77,432 and will be funded through equipment replacement in the Sanitation fund 220.5022.55132.0000.

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

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

6. DISCUSSION AND BACKGROUND
The City has over three hundred miles of sewer lines. A good portion of the system is maintained by an outside contractor and the inspections are performed by city staff. As part of the City’ssanitation sewer management plan, it requires routine cleaning and video inspection of the sewer lines in order to mitigate sewer spills and to stay in compliance with the State Water Resources Control Board Order No. 2006-0003-DWQ entitled Statewide General Waste Discharge Requirements for Sanitary Sewer Systems and its Monitoring and Reporting Program amendment WQ 2013-0058-EXEC. In addition, the data gathered during video inspection of the sewer lines is used to identify infrastructure deficiencies and for planning capital improvement projects.

CUES, Inc. is the manufacturer of the City’scurrent support software and closed-circuit television video (CCTV) transporter inspection camera equipment system that is used to inspect and monitor the quality of the City’ssewer system. The CCTV transporter is a critical piece of equipment and is City of Orange Printed on 4/4/2024Page 1 of 2
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the quality of the City’ssewer system. The CCTV transporter is a critical piece of equipment and is used frequently to comply with the State permit requirements and to identify problematic areas of the sewer system. The current CCTV transporter is over 20 years old, has reached the end of its service life, and has limited replacement parts. The new camera system is an upgrade as it has better technology, such as optimum digital zoom, automatic focus, as well as remote focus, to ensure the best quality video within varying pipe conditions. In addition, it will provide more flexibility to inspect storm drain systems as needed.

The City, in most cases, requires original manufacturer replacement parts and service for its critical equipment. CUES, Inc. provides software and equipment for our current sewer inspection equipment. Staff reached out to two other vendors, and they offered a comparable sewer camera, but it is not compatible with our current software. CUES, Inc.’scost proposal is fair and reasonable compared to the other vendors, Harton Corp. and Insight Vision, LLC.

To maintain our operations and avoid the significant cost of transitioning to a completely new system, CUES, Inc.’ssoftware, parts, and camera equipment is the single source supplier that can support the City’s current sewer monitoring system.

7. ATTACHMENTS
· CUES, Inc. Cost Proposal
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Agenda Item
City Council
Item #: 3.15. 4/9/2024 File #: 24-0180
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of sewer equipment parts and inspection camera from CUES, Inc. as the single source vendor.

2. SUMMARY
Authorize purchase of sewer equipment parts and inspection camera to replace aging equipment in the amount of $77,432 with CUES, Inc.

3. RECOMMENDED ACTION
Approve the purchase of parts and inspection camera for $77,432 from CUES, Inc. the single source vendor for city sewer equipment.

4. FISCAL IMPACT
The total expenditure for this purchase is $77,432 and will be funded through equipment replacement in the Sanitation fund 220.5022.55132.0000.

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

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

CUES, Inc. is the manufacturer of the City’scurrent support software and closed-circuit television video (CCTV) transporter inspection camera equipment system that is used to inspect and monitor the quality of the City’ssewer system. The CCTV transporter is a critical piece of equipment and is City of Orange Printed on 4/4/2024Page 1 of 2
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the quality of the City’ssewer system. The CCTV transporter is a critical piece of equipment and is used frequently to comply with the State permit requirements and to identify problematic areas of the sewer system. The current CCTV transporter is over 20 years old, has reached the end of its service life, and has limited replacement parts. The new camera system is an upgrade as it has better technology, such as optimum digital zoom, automatic focus, as well as remote focus, to ensure the best quality video within varying pipe conditions. In addition, it will provide more flexibility to inspect storm drain systems as needed.

7. ATTACHMENTS
· CUES, Inc. Cost Proposal
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Agenda Item
City Council
Item #: 3.16. 4/9/2024 File #: 24-0200
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize purchase of nine Dell R760 servers from Sidepath, Inc.

2. SUMMARY
Eight of the City’svirtual server hosts have reached end of life and are in need of replacement. In addition, the City is adding an additional server to host database services. Three of the servers will be placed in the Police Department (PD) datacenter and six will be placed at the Civic Center datacenter.

3. RECOMMENDED ACTION

1. Approve the purchase of nine Dell R760 servers from Sidepath, Inc. for a total amount of $327,663.35.

2. Authorize the appropriation of $62,485.36 from Computer Replacement (790) unreserved fund balance to:
790.1601.56033.20278 Server Refreshes

4. FISCAL IMPACT
The expense for this purchase is $327,663.35 and will be funded through the Computer Replacement Fund (790):
790.1601.56033.20278 Server Refreshes
Upon approval of this appropriation, the estimated Computer Replacement fund balance at June 30, 2024 will be $4,689,300.

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
The City’sInformation Technology staff recommends the purchase of nine new Dell R760 servers to replace eight end of service life Dell R740 servers. This will replace three VMWare hosts at the Police datacenter and five VMWare hosts at the Civic Center. The new additional server will be used to replace an end of service life physical server that is hosting the City’sMicrosoft SQL server database instance. Integrating the database server into the virtual environment will provide much needed City of Orange Printed on 4/4/2024Page 1 of 2
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instance. Integrating the database server into the virtual environment will provide much needed resiliency for that critical component. These virtual server hosts allow multiple virtual servers to be run concurrently. Effectively, this replacement facilitates the replacement of most (118 virtual servers) of the City’sserver infrastructure. The new Dell R760 series of servers will provide both increased computing performance and availability. The servers will be covered by Dell Technologies for five years with mission critical 4-Hour 7x24 on-site service with emergency dispatch.

Sidepath is a preferred partner with Dell Technologies for this region and as such provides the best price for procuring the hardware. Sidepath has provided pricing via a City approved cooperative agreement (NASPO# 23026, State Addendum #7-23-70-55-01). The quoted cost from Sidepath is $324,419.16 which does not include shipping costs. A 1% contingency of $3,244.19 is requested to accommodate actual shipping costs, tax variance, and other possible minor contingencies. The cost for the project including contingency is $327,663.35 and includes five years of maintenance and support.

7. ATTACHMENTS
· Price quote from Sidepath, Inc.

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Agenda Item
City Council
Item #: 3.16. 4/9/2024 File #: 24-0200
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize purchase of nine Dell R760 servers from Sidepath, Inc.

3. RECOMMENDED ACTION

1. Approve the purchase of nine Dell R760 servers from Sidepath, Inc. for a total amount of $327,663.35.

2. Authorize the appropriation of $62,485.36 from Computer Replacement (790) unreserved fund balance to:
790.1601.56033.20278 Server Refreshes

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
The City’sInformation Technology staff recommends the purchase of nine new Dell R760 servers to replace eight end of service life Dell R740 servers. This will replace three VMWare hosts at the Police datacenter and five VMWare hosts at the Civic Center. The new additional server will be used to replace an end of service life physical server that is hosting the City’sMicrosoft SQL server database instance. Integrating the database server into the virtual environment will provide much needed City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 3.16. 4/9/2024 File #: 24-0200
instance. Integrating the database server into the virtual environment will provide much needed resiliency for that critical component. These virtual server hosts allow multiple virtual servers to be run concurrently. Effectively, this replacement facilitates the replacement of most (118 virtual servers) of the City’sserver infrastructure. The new Dell R760 series of servers will provide both increased computing performance and availability. The servers will be covered by Dell Technologies for five years with mission critical 4-Hour 7x24 on-site service with emergency dispatch.

7. ATTACHMENTS
· Price quote from Sidepath, Inc.

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Quotation
Date:02/14/2422892 Mill Creek DriveLaguna Hills, CA 92653 Quotation #:SIDQ43682Phone (949)748-8700; Fax (949)748-8706www.sidepath.com Valid Until:03/14/24Prepared By:Chaz SteenProject ID:SIDPROJECT40762 Ship To:Bill To:City of Orange City of OrangeSteven Scardina Attn:Steven ScardinaAttn:300 E. Chapman AvenueOrange, CA 92866 300 E. Chapman AvenueOrange, CA 92866Phone:(714) 744-2283 Phone:(714) 744-2283Email:[email protected] Email:[email protected] Qty Item Code Description Unit Price Ext. PriceNASPO# 23026 | State Addendum #7-23-70-55-01PowerEdge R760 Server 9 $32,938.30 $296,444.70210-BDZY PowerEdge R760 Server461-AAIG Trusted Platform Module 2.0 V3404-BBFB 2.5" Chassis with 8 Universal Drive Slots (SAS/SATA/NVME), FrontPERC 11, 2 CPU338-CHSK Intel Xeon Gold 6434 3.7G, 8C/16T, 16GT/s, 23M Cache, Turbo,HT (195W) DDR5-4800338-CHSK Intel Xeon Gold 6434 3.7G, 8C/16T, 16GT/s, 23M Cache, Turbo,HT (195W) DDR5-4800379-BDCO Additional Processor Selected379-BFFD No HBM412-ABCP Heatsink for 2 CPU configuration (CPU greater than 165W)370-AAIP Performance Optimized370-AHCL 4800MT/s RDIMMs780-BCDN RAID 1405-ABCQ PERC H355 Controller Front750-ADWP Front PERC Mechanical Parts, rear load384-BBBL Performance BIOS Settings800-BBDM UEFI BIOS Boot Mode with GPT Partition750-ADRE High Performance Fan x6450-AJHG Dual, Hot-Plug,Power Supply Redundant (1+1), 1400W, MixedMode330-BBXY Riser Config 2, 2x8 FH Slots (Gen4), 4x8 FH Slots (Gen5), 2x16 LPSlots (Gen4)329-BJLR Motherboard supports ONLY CPUs below 250W (cannot upgradeto CPUs 250W and above)528-CTID iDRAC9, Datacenter 16G528-CTZH OpenManage Enterprise Advanced Plus If you have any questions regarding this quotation, please contact:Patrick Mulvee | (213) 458-7771 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 1 of 3Sidepath -City of Orange ESXi Servers 300 Qty Item Code Description Unit Price Ext. Price540-BCOD Broadcom 57416 Dual Port 10GbE BASE-T Adapter, OCP NIC 3.0540-BDKD Broadcom 5720 Dual Port 1GbE Optional LOM470-AEYU No Cables Required321-BHMY Dell Luggage Tag325-BEVI PowerEdge 2U Standard Bezel329-BERC Assembly BOSS Blank350-BBYW Quick Sync 2 (At-the-box mgmt)379-BCSG iDRAC,Legacy Password379-BCQX iDRAC Service Module (ISM), NOT Installed379-BCQY iDRAC Group Manager, Disabled611-BBBF No Operating System605-BBFN No Media Required770-BDRQ Cable Management Arm, 2U770-BEKK ReadyRails Sliding Rails750-ACOM Fan Foam, HDD 2U631-AACK No Systems Documentation, No OpenManage DVD Kit340-DCEP PowerEdge R760 Shipping340-DJQY PowerEdge R760 Shipping Material343-BBSU PE R760 No CCC or CE Marking886-5565 ProSupport Plus Mission Critical 7x24 Technical Support andAssistance 5 Years886-5574 ProSupport Plus Mission Critical 4-Hour 7x24 On-Site Service withEmergency Dispatch 3 Years886-5576 ProSupport Plus Mission Critical 4-Hour 7x24 On-Site Service withEmergency Dispatch 2 Years Extended886-5653 Dell Hardware Limited Warranty Plus On-Site Service951-2015 Thank you for choosing Dell ProSupport Plus. For tech support,visit //www.dell.com/contactdell975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s)825-8624 Certified Deployment Partner T2370-AGZR (16) 64GB RDIMM, 4800MT/s Dual Rank400-AZUT (2) 480GB SSD SATA Mix Use 6Gbps 5 12 2.5in Hot-plug AG Drive,3 DWPD450-ACSL (2) C13 to C14, PDU Style, 10 AMP, 2 Feet (.6m) Power Cord,Argentina540-BBVJ Broadcom 57416 Dual Port 10GbE BASE-T Adapter, PCIe LowProfile406-BBTM Emulex LPe35002 Dual Port FC32 Fibre Channel HBA, PCIe LowProfile $296,444.70 SubTotalProfessional Services If you have any questions regarding this quotation, please contact:Patrick Mulvee | (213) 458-7771 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 2 of 3Sidepath -City of Orange ESXi Servers 301 Qty Item Code Description Unit Price Ext. Price 2 $2,500.00 $5,000.00SID-PS-PE-IMP-SVR-1-5 New Install: Dell PowerEdge Server Implementation (QTY 1-5Servers) $5,000.00 SubTotalPayment Terms from Ship Date: Net 30Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. Product Total $301,444.70CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Taxes $22,974.46Shipping $0.00Grand Total $324,419.16 Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions,which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and WA. For orders shipped outside of these six states, it will be the customer'sresponsibility to report the tax as Sales & Use Tax.Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact:Patrick Mulvee | (213) 458-7771 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 3 of 3Sidepath -City of Orange ESXi Servers 302 Agenda Item
City Council
Item #: 3.17. 4/9/2024 File #: 24-0218
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of nine vehicles from the National Auto Fleet Group for the Orange Police, Public Works, and Community Services Departments using a Cooperative Purchasing Agreement.

2. SUMMARY
Approve request for purchasing nine vehicles from the National Auto Fleet Group and installing equipment from Hi-Standard Automotive, LLC, for the Orange Police, Public Works, and Community Services Departments. The City Council has previously approved the Cooperative Purchasing Agreement as the standard for vehicle procurement.

3. RECOMMENDED ACTION

1. Approve the purchase of nine vehicles from National Auto Fleet Group in the amount of $616,829.

2. Authorize the purchase and installation of safety equipment from a single source vendor, Hi- Standard Automotive, LLC, for the five Ford Pursuit Explorers in the amount of $93,233.

4. FISCAL IMPACT
The total expenditure for this purchase is $710,062, which will be funded through the Vehicle Replacement Fund 720.5023.55212.19999.

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

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

6. DISCUSSION AND BACKGROUND
Staff is proposing the acquisition of nine new vehicles as the aging vehicles have surpassed their optimal service life. The new vehicles will enhance service capabilities and provide advanced safety features, improved fuel efficiency, and enhanced technology.

The City Council previously authorized a Cooperative Purchasing Agreement (CPA) using Sourcewell as a vehicle and equipment procurement standard. This purchase is a continuation of that policy.

Sourcewell contracts are nationally solicited, competitively bid, and awarded. National Auto Fleet was City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 3.17. 4/9/2024 File #: 24-0218
Sourcewell contracts are nationally solicited, competitively bid, and awarded. National Auto Fleet was awarded contract No. 091521-NAF for cars, trucks, vans, sports utility vehicles, and others. Through Sourcewell’scontract with National Auto Fleet Group, pricing discounts range from 1% to 25.86% across 15 manufacturers, depending on the model. The total savings to the City for this purchase is

4.99% for a combined savings of $11,867. The total cost for this purchase is $616,829. The vehicle descriptions are listed below.

Department Current Year Make
& Model
Replacement
Vehicle Year Make
& Model
Replacement Cost,
Including Outfitting
Police Five 2019 Ford
Explorer Pursuits
Five 2025 Ford
Explorer Pursuits
$384,911
Police 2001 Crown Victoria 2024 Dodge
Durango
$46,824
Public Works 2003 Ford F150 2024 Ford F150 $40,837
Public Works 2002 Ford F450 2024 Ford F550 $168,767
Community Services 2010 Ford F250 2024 Ford F250 $68,723 Total: $710,062
Emergency vehicles are vital for our community's safety, and reliability is crucial for prompt emergency response. In certain instances, a single-source purchase is the most efficient way to obtain the necessary components for safety vehicles. Hi Standard Automotive, LLC is a reputable vendor offering high-quality yet cost-effective parts and have demonstrated a proven track record in servicing emergency vehicles. The total cost to equip and install safety components on five pursuit units is $93,233.

7. ATTACHMENTS
· Bids are available for review at the Purchasing Division City of Orange Printed on 4/4/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.17. 4/9/2024 File #: 24-0218
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of nine vehicles from the National Auto Fleet Group for the Orange Police, Public Works, and Community Services Departments using a Cooperative Purchasing Agreement.

3. RECOMMENDED ACTION

1. Approve the purchase of nine vehicles from National Auto Fleet Group in the amount of $616,829.

2. Authorize the purchase and installation of safety equipment from a single source vendor, Hi- Standard Automotive, LLC, for the five Ford Pursuit Explorers in the amount of $93,233.

4. FISCAL IMPACT
The total expenditure for this purchase is $710,062, which will be funded through the Vehicle Replacement Fund 720.5023.55212.19999.

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

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

The City Council previously authorized a Cooperative Purchasing Agreement (CPA) using Sourcewell as a vehicle and equipment procurement standard. This purchase is a continuation of that policy.

Sourcewell contracts are nationally solicited, competitively bid, and awarded. National Auto Fleet was City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 3.17. 4/9/2024 File #: 24-0218
Sourcewell contracts are nationally solicited, competitively bid, and awarded. National Auto Fleet was awarded contract No. 091521-NAF for cars, trucks, vans, sports utility vehicles, and others. Through Sourcewell’scontract with National Auto Fleet Group, pricing discounts range from 1% to 25.86% across 15 manufacturers, depending on the model. The total savings to the City for this purchase is

4.99% for a combined savings of $11,867. The total cost for this purchase is $616,829. The vehicle descriptions are listed below.

7. ATTACHMENTS
· Bids are available for review at the Purchasing Division City of Orange Printed on 4/4/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.18. 4/9/2024 File #: 24-0226
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Authorize Pivotal Strategies to use the City of Orange name, official seal, logos, or any abbreviation of them for all public education and outreach materials/content.

2. SUMMARY
On March 12, 2024, the Orange City Council approved a professional services agreement with Pivotal Strategies to assist with public education and outreach. Orange Municipal Code Chapter 1.12 requires City Council permission before the City of Orange name, official seal, logos, or any abbreviation of them can be utilized.

3. RECOMMENDED ACTION
Authorize Pivotal Strategies to use the City of Orange name, official seal, logo, or any abbreviation of them for all public education and outreach materials/content pursuant to Orange Municipal Code Chapter 1.12.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
On March 12, 2024, the Orange City Council approved a professional services agreement with Pivotal Strategies to help with public education and outreach. A part of this agreement includes Pivotal Strategies creating educational/outreach materials and content that will be distributed through a variety of means upon City review and approval. To ensure the public has confidence this material is from the City of Orange, staff intends to use the City of Orange’sname, official seal, logo, or any abbreviation of them.

Orange Municipal Code Chapter 1.12 requires the City Council to approve the use of the City of Orange’sname, official seal, logo, or any abbreviation of them. Therefore, staff recommends the City Council authorize Pivotal Strategies to use the City of Orange name, official seal, logo, or any abbreviation of them.

7. ATTACHMENTS
· Orange Municipal Code Chapter 1.12
City of Orange Printed on 4/4/2024Page 1 of 1
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Agenda Item
City Council
Item #: 3.18. 4/9/2024 File #: 24-0226
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Authorize Pivotal Strategies to use the City of Orange name, official seal, logos, or any abbreviation of them for all public education and outreach materials/content.

4. FISCAL IMPACT
None.

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

7. ATTACHMENTS
· Orange Municipal Code Chapter 1.12
City of Orange Printed on 4/4/2024Page 1 of 1
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CHAPTER 1.12

CITY NAME, SEAL AND LOGOS
§ 1.12.010. Property of City.

The name "City of Orange," the official City seal, and any logos adopted and maintained by the City are the property of the City. No person shall, without permission of the City Council, use the City name, seal or logos, or any abbreviation of them, or any name of which these words, seal or logos are a part in any of the following ways:
( Ord. 28-99 )
§ 1.12.020. Other Authorized Uses.

Nothing in this chapter shall interfere with or restrict the right of any person to make a true and accurate statement in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional or other employment whatsoever.
( Ord. 28-99 )
A. To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity or enterprise;
B. To imply, indicate or otherwise suggest that any organization, or any product or service of the organization is connected or affiliated with, or is endorsed, favored or supported by, or is opposed by the City or the City Council; C. To display, advertise, or announce these names publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity or program.

City of Orange, CA
§ 1.12.010 § 1.12.020
Downloaded from https://ecode360.com/OR5214 on 2024-03-22 309
Agenda Item
City Council
Item #: 3.19. 4/9/2024 File #: 24-0197
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Designation of April 26, 2024, as Arbor Day. Resolution No. 11535.

2. SUMMARY
Adoption of Resolution No. 11535 will designate April 26, 2024, as Arbor Day in the City of Orange.

3. RECOMMENDED ACTION
Adopt Resolution No. 11535. A Resolution of the City Council of the City of Orange designating April 26, 2024, as Arbor Day.

4. FISCAL IMPACT
None

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

Goal 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
The City of Orange has been performing Arbor Day Events for over 30 years. Our city has been named a Tree City USA by the Arbor Day Foundation for 35 consecutive years. An annual observance of Arbor Day is a requirement for maintaining the City of Orange as a Tree City USA. The Arbor Day plantings allow us to beautify neighborhoods with the involvement of the community by planting hundreds of trees. Arbor Day is a fantastic opportunity to involve the community in the appreciation of trees. The interaction with community members and trees results in a connection with nature and a caring for important green infrastructure. This connection oftentimes spreads to other community members following an event. The direct involvement with this event is not only an opportunity to bring the community together, but also instills a sense of ownership and care for trees.

This is especially important with the involvement of the younger volunteers who often have yet to develop an appreciation for trees prior to such an event.

The observation of Arbor Day and community planting event will be on Saturday, April 27, 2024.

Volunteers from the community will be planting nineteen 15-gallon Engelmann Oak trees. Planting City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 3.19. 4/9/2024 File #: 24-0197
Volunteers from the community will be planting nineteen 15-gallon Engelmann Oak trees. Planting will be in parkways at Walnut Avenue and Milford Road, Walnut Avenue and Wayfield Street, and at Handy Street and Palm Avenue near the Santiago Creek trail entrance. The trees are being donated for the event by West Coast Arborists. Participation in an Arbor Day event is required as part of the annual certification for Tree City USA.

7. ATTACHMENTS
· Resolution No. 11535
· Arbor Day Planting Map
City of Orange Printed on 4/4/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.19. 4/9/2024 File #: 24-0197
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Designation of April 26, 2024, as Arbor Day. Resolution No. 11535.

2. SUMMARY
Adoption of Resolution No. 11535 will designate April 26, 2024, as Arbor Day in the City of Orange.

3. RECOMMENDED ACTION
Adopt Resolution No. 11535. A Resolution of the City Council of the City of Orange designating April 26, 2024, as Arbor Day.

4. FISCAL IMPACT
None

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

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

This is especially important with the involvement of the younger volunteers who often have yet to develop an appreciation for trees prior to such an event.

The observation of Arbor Day and community planting event will be on Saturday, April 27, 2024.

Volunteers from the community will be planting nineteen 15-gallon Engelmann Oak trees. Planting City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 3.19. 4/9/2024 File #: 24-0197
Volunteers from the community will be planting nineteen 15-gallon Engelmann Oak trees. Planting will be in parkways at Walnut Avenue and Milford Road, Walnut Avenue and Wayfield Street, and at Handy Street and Palm Avenue near the Santiago Creek trail entrance. The trees are being donated for the event by West Coast Arborists. Participation in an Arbor Day event is required as part of the annual certification for Tree City USA.

7. ATTACHMENTS
· Resolution No. 11535
· Arbor Day Planting Map
City of Orange Printed on 4/4/2024Page 2 of 2
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RESOLUTION NO. 11535

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE DESIGNATING
APRIL 26, 2024 AS ARBOR DAY

WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and this special day, called “Arbor Day” was first observed with the planting of more than one million trees in Nebraska. This day is now observed throughout the nation and the world; and

WHEREAS, participating in Arbor Day events promotes the development of civic pride, a sense of community, highlights the importance of planting and caring for trees; and

WHEREAS, trees are living green infrastructure, which produce oxygen, clean the air of pollutants, sequester carbon, help manage storm water; provide essential habitat for wildlife; and

WHEREAS, trees in our City increase property values, and enhance economic vitality of business areas.

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

1. That the foregoing recitals are incorporated in and made part of this resolution by reference;

2. That the City Council does hereby designate Friday , April 26, 2024 as Arbor Day within the City of Orange.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

314
2 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

315
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Arbor Day 2024
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at Wayfield
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@ Handy
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F
316
Agenda Item
City Council
Item #: 3.20. 4/9/2024 File #: 24-0227
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Resolution establishing criteria and meeting information for the Audit Advisory Committee and Investment Advisory Committee. Resolution No. 11536.

2. SUMMARY
Resolution No. 11536 establishes the number of committee members, member qualifications, purposes/duties, compensation, and meeting dates for the newly formed Audit Advisory Committee and Investment Advisory Committee.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11536. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11505 and re-establishing the number of members, qualifications for membership, purpose, compensation, and meeting information for specified city boards, committees, and commissions.

2. Direct the City Clerk to post a Notice of Vacancy for the newly created positions pursuant to the Maddy Act, Government Code Section 54974.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and Promote Quality of Life in the Community. a. Renovate, maintain, develop, and/or expand public uses places and spaces. b. Deliver high quality and safe recreational, educational, and cultural services.

6. DISCUSSION AND BACKGROUND
On April 12, 2022, the Orange City Council adopted Resolution No. 11387. The resolution combined the Audit Committee and Investment Advisory Committee, creating the Investment and Audit Committee.

On February 27, 2024, and March 12, 2024, the Orange City Council approved Resolution No. 11522 and First and Second reading of Ordinance Nos. 01-24, 02-24, and 03-24. Collectively, the resolution and three ordinances eliminated the Investment and Audit Committee, made changes to the Orange Municipal Code, and created the Audit Advisory Committee and Investment Advisory Committee (Committees).

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Item #: 3.20. 4/9/2024 File #: 24-0227
(both voting and non-voting), it is recommended the City Council adopt Resolution No. 11536.

7. ATTACHMENTS
· Resolution No. 11536
City of Orange Printed on 4/4/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.20. 4/9/2024 File #: 24-0227
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Resolution establishing criteria and meeting information for the Audit Advisory Committee and Investment Advisory Committee. Resolution No. 11536.

3. RECOMMENDED ACTION

2. Direct the City Clerk to post a Notice of Vacancy for the newly created positions pursuant to the Maddy Act, Government Code Section 54974.

4. FISCAL IMPACT
None.

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Item #: 3.20. 4/9/2024 File #: 24-0227
(both voting and non-voting), it is recommended the City Council adopt Resolution No. 11536.

7. ATTACHMENTS
· Resolution No. 11536
City of Orange Printed on 4/4/2024Page 2 of 2
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RESOLUTION NO. 11536

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11505 AND RE-ESTABLISHING THE NUMBER

OF MEMBERS, QUALIFICATIONS FOR

MEMBERSHIP, PURPOSE, COMPENSATION AND

MEETING INFORMATION FOR SPECIFIED CITY
BOARDS, COMMITTEES AND COMMISSIONS.

WHEREAS, on February 27, 2024 and March 12, 2024 , the Orange City Council adopted Resolution No. 11522 and approved the first and second reading of Ordinance Nos. 01- 24, 02-24, and 03-24; and

WHEREAS, the resolution and three ordinances eliminated the Investment and Audit Committee and made necessary changes to the Orange Municipal Code to create two independent committees – the Investment Advisory Committee and Audit Advisory Committee; and

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

WHEREAS, the City Council of the City of Orange desires to set the criteria and meeting times of the Investment Advisory Committee and Audit Advisory Committee.

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

• That Resolution No. 11505 is hereby repealed in its entirety. • The criteria for the Investment Advisory Committee and Audit Advisory Committee along with the remaining boards, committees, and commissions shall be as set forth in Exhibit A.

ADOPTED this day of , 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
321
2 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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1 EXHIBIT A

QUALIFICATIONS FOR CITY COUNCIL CREATED

BOARDS, COMMITTEES AND COMMISSIONS

1. Audit Advisory Committee
• Number: The Committee shall consist of seven voting members. The City Treasurer and Finance Director or their designee shall serve as advisory non-voting members. • Term: Two years.
• Qualifications: Members shall have their primary residence or primary place of employment in the City. In addition, business -related experience and/or a designation of Certified Public Accountant (CPA) is desirable. The qualifications of the applicants for the voting memb ers will be reviewed by the Finance Director and subsequently approved by the Mayor. No member of the Committee shall be financially interested in any contract, or otherwise conduct any business with any member of the City Council, the City Manager, the Finance Director, the City Treasurer, or the City or any of its agencies, either on an individual basis or as a partner, major shareholder, member, or employee of any firm.
• Purpose: As set forth in Section 2.50.010 of the Orange Municipal Code. • Duties: As set forth in Section 2.50.020 of the Orange Municipal Code. • Compensation: None.
• Meeting Dates and Location : The 1 st Thursday of February (Planning Meeting) and October (Exit Conference Meeting), convening at 5:30 p.m. in the Weimer Room.

2. Community Development Block Grant Program Committee
• Number: The Committee shall consist of seven members. • Term: Two years.
• Qualifications: Members shall have their primary residence in the City. Members shall show an interest in and knowledge of housing and community development issues, especially as they relate to affordable housing and public service for residents of low and moderate income.
• Purpose: To provide a public engagement process in the allocation of CDBG funds as required by 24 C.F.R. Part 91.105
• Duties: As set forth in the CDBG Program Policies and Procedures Manual maintained by the City.
• Compensation: None.
• Meeting Dates and Location: The 2nd Thursday of February and March convening at 6:00 p.m. in the Weimer Room. If such date is a legal holiday observed by the City, the meeting shall be held the following day.

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

4. Investment Advisory Committee
• Number: The Committee shall consist of seven voting members. The City Treasurer and Finance Director or their designee shall serve as advisory non-voting members. • Term: Two years.
• Qualifications: Members shall have their primary residence or primary place of employment in the City. In addition, they must have demonstrated managerial experience of no less than five years in one or more of the following areas:
investment banking, investment brokera ge and sales, investment management, financial management and planning, or commercial banking. The qualifications of the applicants for voting members will be reviewed by the Finance Director and subsequently approved by the Mayor. No member of the Commi ttee shall be financially interested in any contract, or otherwise conduct any business with any member of the City Council, the City Manager, the Finance Director, the City Treasurer, or the City or any of its agencies, either on an individual basis or as a partner, major shareholder, member, or employee of any firm. • Purpose: As set forth in Section 2.51.010 of the Orange Municipal Code. • Duties: As set forth in Section 2.51.020 of the Orange Municipal Code. • Compensation: None.
• Meeting Dates and Location : The 4 th Wednesday of January, April, July, and October, convening at 5:30 p.m. in the Weimer Room.

5. Park Planning and Community Events Commission
• Number: The Commission shall consist of seven members. • Term: Four years.
• Qualifications: Members shall have their primary residence in the City. Members shall have knowledge of sports complexes and/or park development, and knowledge of City-sponsored events.
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3 • Purpose: As set forth in Chapter 2.60 of the Orange Municipal Code. • Duties: As set forth in Chapter 2.60 of the Orange Municipal Code. • Compensation: None.
• Meeting Dates and Location : The 3 rd Tuesday of January, March, May, July, September, and October and convening at 5:30 p.m. in the City Council Chamber.

If such date is a legal holiday observed by the City, the meeting shall be held the following Thursday.

6. Planning Commission
• Number: The Commission shall consist of seven members. • Term: Four years.
• Qualifications: Members shall have their primary residence in the City. Members shall have general knowledge of land use and development. • Purpose: As set forth in Section 17.08.020.B
• Duties: Duties are set forth in Section 17.08.020 of the Orange Municipal Code. • Compensation: $60 per meeting attended with a maximum of $240 per month. • Meeting Dates and Location: The 1st and 3rd Monday of each month convening at 5:30 p.m. in the City Council Chamber. If such date is a legal holiday observed by the City, the meeting shall be held the following Thursday.

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

8. Santiago Creek Commission
• Number: The Commission shall consist of seven members. • Term: Four years.
• Qualifications: Members shall have their primary residence in the City. Members shall have general knowledge of the Santiago Creek Area. • Purpose: As set forth in Chapter 2.62 of the Orange Municipal Code. • Duties: As set forth in Chapter 2.62 of the Orange Municipal Code. • Compensation: None.
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4 • Meeting Dates and Location : The 4 th Wednesday of January, April, July, and October, convening at 5:30 p.m. in the City Council Chamber. If such date is a legal holiday observed by the City, the meeting shall be held the following day. 326
Agenda Item
City Council
Item #: 7.1. 4/9/2024 File #: 24-0072
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Consideration of a City Council resolution memorializing the Orange City Council’sdesire to reform Proposition 47.

2. SUMMARY
Resolution No. 11537 memorializes the Orange City Council’s desire to reform Proposition 47.

3. RECOMMENDED ACTION

1. Receive and file an analysis on Proposition 47, The Homelessness, Drug Addiction, and Theft Reduction Act, as well as related pieces of legislation from Townsend Public Affairs.

2. Consider the adoption of Resolution No. 11537. A Resolution of the City Council of the City of Orange, California, supporting Proposition 47 reform.

4. FISCAL IMPACT
None.

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
On March 12, 2024, the Orange City Council directed staff to bring back an item memorializing the Orange City Council’s opposition to Proposition 47. Provided is a summary of Proposition 47.

Proposition 47 - November 4, 2014 General Election
California voters approved Proposition 47 - Criminal Sentences. Misdemeanor Penalties. Initiative Statute (Prop. 47) at the November 4, 2014, General Election with 59.6% in favor and 40.4% not in favor.

Prop. 47 classified certain crimes as misdemeanors instead of felonies unless the defendant had prior convictions for murder, rape, certain sex offenses, or certain gun crimes. Affected crimes include:
· Shoplifting, where the value of property stolen does not exceed $950.

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Item #: 7.1. 4/9/2024 File #: 24-0072
· Grand theft, where the value of the stolen property does not exceed $950. · Receiving stolen property, where the value of the property does not exceed $950. · Forgery, where the value of a forged check, bond or bill does not exceed $950. · Fraud, where the value of the fraudulent check, draft or order does not exceed $950. · Writing a bad check, where the value of the check does not exceed $950. · Personal use of most illegal drugs.

Additionally, Prop. 47 also implemented the following:
· Permitted re-sentencing for those serving a prison sentence for any of the offenses that the initiative reduced to misdemeanors.
· Required criminal history review and risk assessment before re-sentencing to ensure the individual does not pose a risk to the public.
· Created a Safe Neighborhoods and Schools Fund.
· Distributed funds from the Safe Neighborhoods and Schools Fund as follows: 25% to the Department of Education, 10% to the Victim Compensation and Government Claims Board, and 65% to the Board of State and Community Correction.

This November will be the 10th year since Prop. 47 was approved. In January 2024, the Public Policy Institute of California (PPIC) - a nonprofit and nonpartisan thinktank - provided testimony to the Little Hoover Commission - an independent state oversight agency. The testimony demonstrated changes in shoplifting and commercial burglary levels prior to, and after 2014. PPIC reported that while shoplifting has varied across the state, increases in commercial burglary are more widespread with Orange County experiencing a 98% increase since 2014. Attached is the PPIC report for reference.

Current efforts to amend Prop. 47 include Assembly Bill 1787 (Villapudua) and “TheHomelessness, Drug Addiction, and Theft Reduction Act” initiative that is currently gathering signatures (For reference, summaries, and proposed language for both are attached to this report). The draft resolution memorializes the City Council’sdesire to reform Prop. 47 through ballot initiatives and legislative vehicles to place future measures on the ballot.

7. ATTACHMENTS
· Resolution No. 11537
· Public Policy Institute of California Retail Theft in California Testimony · Assembly Bill 1787 Summary (as of March 18, 2024)
· The Homelessness, Drug Addiction, and Theft Reduction Act City of Orange Printed on 4/4/2024Page 2 of 2
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Agenda Item
City Council
Item #: 7.1. 4/9/2024 File #: 24-0072
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Consideration of a City Council resolution memorializing the Orange City Council’sdesire to reform Proposition 47.

2. SUMMARY
Resolution No. 11537 memorializes the Orange City Council’s desire to reform Proposition 47.

3. RECOMMENDED ACTION

1. Receive and file an analysis on Proposition 47, The Homelessness, Drug Addiction, and Theft Reduction Act, as well as related pieces of legislation from Townsend Public Affairs.

2. Consider the adoption of Resolution No. 11537. A Resolution of the City Council of the City of Orange, California, supporting Proposition 47 reform.

4. FISCAL IMPACT
None.

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Item #: 7.1. 4/9/2024 File #: 24-0072
· Grand theft, where the value of the stolen property does not exceed $950. · Receiving stolen property, where the value of the property does not exceed $950. · Forgery, where the value of a forged check, bond or bill does not exceed $950. · Fraud, where the value of the fraudulent check, draft or order does not exceed $950. · Writing a bad check, where the value of the check does not exceed $950. · Personal use of most illegal drugs.

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE, CALIFORNIA,
SUPPORTING PROPOSITION 47 REFORM

WHEREAS, on November 4, 2014, California voters approved Proposition 47 – Criminal Sentences. Misdemeanor Penalties. Initiative Statute (Proposition 47); and

WHEREAS, Proposition 47 reduced many nonviolent property and drug crimes from felonies to misdemeanors – including theft and fraud $950 or less; and

WHEREAS, since 2014, research shows that commercial burglary has increased statewide by 16% between 2019 and 2022, and is 15% above the 2014 rate; and

WHEREAS, in Orange County alone, commercial burglary has increase d by 98% since 2014; and

WHEREAS, the Orange City Council recognizes Proposition 47 has led to unintended consequences; and

WHEREAS, The Homelessness, Drug Addiction, and Theft Reduction Act (Act) is currently gathering signatures to appear on the November 2024 ballot; and

WHEREAS, The Homelessness, Drug Addiction, and Theft Reduction Act, in addition to solutions to reduce homelessness through drug and mental health treatment, will increase penalties for people who repeatedly engage in theft; and

WHEREAS, the Act will add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.

NOW, THEREFORE, the City Council of the City of Orange resolves as follows:

Section 1: The Orange City Council supports The Homelessness, Drug Addiction, and Theft Reduction Act.

Section 2: The Orange City Council supports legislation seeking to place a measure on a future ballot to reform Proposition 47.

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.

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2 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 )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
332
https://www.ppic.org/blog/testimony-retail-theft-in-california/ 1/7 BLOG POST · JANUARY 25, 2024
Testimony: Retail eft in
California
Magnus Lofstrom
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https://www.ppic.org/blog/testimony-retail-theft-in-california/ 2/7 PPIC policy director and senior fellow Magnus Lofstrom testied before the Little Hoover Commission on January 25, 2024. Here are his prepared remarks.

Thank you for the opportunity to testify this morning. My name is Magnus Lofstrom, and I am a policy director of criminal justice and senior fellow at the Public Policy Institute of California (PPIC). PPIC is an independent, nonpartisan policy research organization; it does not take positions on legislation. My comments on retail theft draw on PPIC’s extensive research on crime in California, including the impact of criminal justice reforms.

Recent trends in retail theft vary across the state and by type of oense—but the data indicate a rise in shoplifting, especially in the Bay Area, and a broader rise in commercial burglary among urban counties. Concentration of increased retail theft in some areas, and likely underreporting of lower value incidents, plausibly contribute to dierences in how retailers and residents perceive the problem of retail theft. To more accurately assess the magnitude of the challenges and identify eective solutions, more comprehensive data are needed.

While not without limitation, currently available data from the California Department of Justice (CADOJ) can inform our policy discussions about retail theft. It is important not to limit analyses of retail theft to shoplifting, especially given that Proposition 47 (passed in November 2014) reclassied a number of property and drug oenses from felonies to misdemeanors. Under Prop 47, shoplifting is dened as theft below $950, a misdemeanor. Higher value retail theft that falls under second degree burglary (which can be charged as either a misdemeanor or a felony) can be captured in the crime data as commercial burglary.

As with any data, there are important caveats. First, the data currently available for the entire state do not extend beyond December 2022. Second, the data are limited to incidents that are reported to law enforcement agencies; retail theft is likely underreported, especially low-value theft. Moreover, local law enforcement agencies may vary in how they report and categorize oenses. Lastly, the data do not allow us to identify so-called smash-and-grabs, or retail theft that is organized. With these limits in mind, here is what the data tell us.

At the statewide level, shoplifting jumped 29% from 2021 to 2022 but remains 8% below pre- pandemic levels and 17% below the 2014 rate. By contrast, commercial burglary has been ticking up in recent years; the rate rose by 16% between 2019 and 2022 and is 15% above the 2014 rate. 334
https://www.ppic.org/blog/testimony-retail-theft-in-california/ 3/7 Recent trends in shoplifting have varied widely across the state. Only 3 of the 15 most populous counties saw increases in shoplifting from 2014 to 2022. San Mateo’s shoplifting rate almost doubled (up by 95%), while San Francisco and Alameda saw increases of 40% and 9%, respectively. Relative to pre-pandemic rates, 6 of the largest counties saw increases. Between 2014 and 2022, however, shoplifting rates fell at least 20% in 6 other populous counties and in 5 of the most populous counties from 2019 to 2022.
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https://www.ppic.org/blog/testimony-retail-theft-in-california/ 4/7 Increases in commercial burglary in urban counties are more widespread. Commercial burglary rose in 10 of the state’s largest counties between 2014 and 2022; the largest increases were in Orange (98%), Los Angeles (62%), and Santa Clara (61%). Most of these increases are driven by increases over the last few years. Fourteen of the largest counties saw increases between 2019 and 2022, with the largest increases in Fresno (71%), Alameda (65%), and Orange (54%). These increases are concentrated in urban counties; as with shoplifting, commercial burglary fell in smaller and rural counties.
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https://www.ppic.org/blog/testimony-retail-theft-in-california/ 5/7 Monthly crime numbers for 2022 oer clues about what 2023 data may reveal. The 2022 numbers show commercial burglaries holding steady, with what might be a downturn late in the year. Shoplifting, by contrast, increased steadily from late summer 2021 to the end of 2022; the number of shoplifting incidents was slightly above pre-pandemic numbers. 337
https://www.ppic.org/blog/testimony-retail-theft-in-california/ 6/7 Monthly crime numbers show similar patterns across a number of urban counties. Shoplifting in Los Angeles has climbed steadily since mid-2021; by late 2022, it was 10%–15% above pre- pandemic levels. Other large urban counties—such as Sacramento, San Mateo, and Riverside— also show upward trends in shoplifting. However, San Francisco’s increase in shoplifting was driven by a jump from mid-2021 to mid-2022; by the second half of 2022, it returned to its pre- pandemic level.

Overall, crime data indicate that retailers have increasingly been targets of crime in some parts of California. Reported shoplifting incidents rose in the Bay Area and monthly crime data for 2022 shows that shoplifting is trending up in Los Angeles and other urban areas. Commercial burglary increases in recent years are more widespread. By 2022, commercial burglary was up in 21 of California’s 58 counties relative to 2019—mostly in large urban counties—home to 82% of the state’s population.

Proposition 47 has been a central focus in discussions about property crime and retail theft. In a 2018 report, we examined crime rates before and after Prop 47 passed in November 2014; we used data through 2016 (the latest available at the time). We did not nd statistically signicant evidence of Prop 47 aecting violent crime, but we did identify increases in property crime.

Specically, we estimated that larceny increased by 9%, driven primarily by car break-ins. We also found that shoplifting jumped initially but fell to pre–Prop 47 levels by the end of 2016; we could not determine the extent to which this decrease was driven by decreased reporting.

What is needed to eectively address retail theft? One key requirement is detailed data that would allow for determination of driving forces and dierences across regions. Policy solutions 338
https://www.ppic.org/blog/testimony-retail-theft-in-california/ 7/7 need to be informed by an understanding of who is committing retail theft and under what circumstances: incidents that can be tied to organized retail theft call for dierent approaches and solutions than thefts by oenders made desperate by poverty and/or substance abuse disorders.

Lastly, but importantly, responses to incidents of retail theft may play a role in retail theft trends.

Retailers may be less likely to report incidents if law enforcement responses are lacking, and oenders may be more likely to commit retail theft if there is a low likelihood of apprehension and limited consequences. To analyze the signicance of law enforcement responses, researchers need data on initial responses to calls for service, whether an arrest was made for a given incident, whether the case was referred to the district attorney, whether and what charges were led, and the nal disposition of the case. Automated Criminal History System (ACHS) data collected and held by CADOJ may partially ll some of the current data and research gaps.

TOPICS
crime Criminal Justice Proposition 47 retail theft
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AB 1787, as amended on March 18, 2024, Villapudua
(Highlights and italics summarize the main tenants of the proposed legislation) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor.

This bill would reduce the threshold amount for petty theft and shoplifting from $950 to $450. The bill would make a person guilty of petty theft with a prior offense if the person is convicted of petty theft or shoplifting and has one or more prior convictions for specified theft-related offenses and would make the crime punishable by imprisonment in the county jail for up to one year or as a felony for a term of 3, 5, or 7 years.

This bill would make a person guilty of aggregated theft if the person commits 2 or more offenses of shoplifting within a 12-month period. The bill would require aggregated theft to be punished as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony for 16 months or for 2 or 3 years. The bill would require each additional offense of shoplifting after a conviction of aggregated theft to be punished as a felony for a term of 3, 5, or 7 years.

The bill would make the above provisions effective only upon submission to, and approval by, the voters, as specified.

Existing law, until January 1, 2026, makes a person guilty of organized retail theft if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, or acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. Under existing law, these crimes are punishable as either misdemeanors or felonies if the violations are committed on 2 or more separate occasions within a 12-month period and the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds $950.

This bill would reduce the amount of the aggregated value of the merchandise stolen, received, purchased, or possessed from $950 to $450. The bill would repeal the sunset provision, thereby extending the crime indefinitely. By extending the time that organized retail theft would be a crime, this bill would impose a state-mandated local program.

Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified. 340
This bill would repeal the sunset provision, thereby extending the authorization of the program indefinitely.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. 341

BELL, MCANDREWS & HILTACHK, LLP

ATTORNEYS AND COUNSELORS AT LAW
45S CAPITOL MALL, SUITE 600
SACRAMENTO, CALIFORNIA 9S814
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
(916) 442-77S7
FAX (916) 442-77S9
www.bmhlaw.com
September 22, 2023
Re: Initiative 23-0017 -Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 23-0017, The Homelessness, Drug Addiction, and Theft Reduction Act. The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
~
Thomas W. Hiltachk
23-0017 A1
Sep 22 2023
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THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.

SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

This measure will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to _sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. W am convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
1 23-0017 A1
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SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:

A. Reducing Homelessness Through Drug and Mental Health Treatment

1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of_homelessness per capita of any state in the. country. And drug overdoses now kill two to three times the number of people in California as car accidents.

2. Since the passage of Proposition 4 7 in 2014, homelessness in California has increased by 51 %, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 4 7 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 4 7, which the voters now desire to correct.

3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.

4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment-mandated felony." Under this new "treatment mandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment-mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatment mandated felony (the 4th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment-mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.

B. Cracking Down on Hard Drug Dealers

1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2 344
sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount offentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.

2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.

4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.

5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.

C. Accountability for Repeat Theft and Smash and Grab Thefts

1. Prior to Proposition 4 7, individuals who repeatedly engaged in theft could be charged with a felony. Prop 4 7 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor - regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.

2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentany 1 epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.

3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3 345
exist, meaning that judges will retain discretion not to incarcerate an off ender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an off ender is convicted four or more times of theft.

4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.

5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.

6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.

SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in ve1y small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. "
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4 346
(d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl; heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug'' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.

SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision oflaw, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(k) Subdivision {a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
1£1 As used in this-subdivision {gJ_,_ "armed with" means having available for immediate offensive or defensive use.
-fat-( d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 ( commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a)--Afly-{1JA person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(l)\l/here
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{A,lJfthe substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Vlhere
(ll)_Jfthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3)\Vhere
{{;l]f.the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4)'Nhere
{l2)_Jfthe substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)\Vhere
(Jj;)_Jfthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of20 years.
(6)Where
{EJ.Jfthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of25 years .
.Ql_ The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Aey-{J_)_A_ person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(l)\\7here
{A,lJfthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
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{JJ)_jf the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
{QJf the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4)\1/here
(J])_Jfthe substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.

Ql In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
ill The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted ofa violation of or ofa conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as .follo-ws:
(A) Jfthe substance exceeds 28.35 grams (one ounce) by weight. the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) Jfthe substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) Jfthe substance exceeds one kilogram by weight. the person shall receive an additional term ofJ0 years.
(E) If the substance exceeds four kilograms by weight. the person shall receive an additional term of] 3 years.
(F) If the substance exceeds 10 kilograms by weight. the person shall receive an additional term ofJ6 years.
(G) Jfthe substance exceeds 20 kilograms by weight. the person shall receive an additional term ofl9 years.
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(H) If the substance exceeds 40 kilograms by weight. the person shall receive an additional term of22 years.
(I) If the substance exceeds 80 kilograms by weight. the person shall receive an additional term of25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier olfact finds that the defendant conspirator was substantially involved in the planning, direction. execution. or financing of the underlying offense. fej @.The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstandingparagraph (9) o(subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is .found true. is punishable by imprisonment in the state prison and not pursuant to subdivision (h) o{Section 1170 ofthe Penal Code.
fdj {tlThe additional terms provided in this section shall be in addition to any other punishment provided by law.

W ..(g2Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment-Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
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(2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353. 7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) (l)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph ( 4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendants interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendants drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendants case.
(iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendants consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendants agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9 351
the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055.
(I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
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(g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 8. Section 490.3 is added to the Penal Code to read:
490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Ca17·acking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
11 353
(J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12 354
owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
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(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6.

SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14 356
become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.

As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry.
(2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. "
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(b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate Medi Cal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.

SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.

SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16 358
shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17 359
Agenda Item
City Council
Item #: 7.2. 4/9/2024 File #: 24-0252
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Introduction and First Reading of Ordinance Nos. 08-24 and 09-24 amending Chapter 2.10 of Title 2 of the Orange Municipal Code relating to campaign contribution limits and contributions from committees.

2. SUMMARY
The proposed Ordinances make select changes to Orange Municipal Code Sections 2.10.050 and

2.10.090 regarding campaign contribution limits as well as contributions made from controlled committees.

3. RECOMMENDED ACTION

1. Introduce and conduct First Reading of Ordinance No. 08-24. An Ordinance of the City Council of the City of Orange amending Section 2.10.050 of the Orange Municipal Code to increase campaign contribution limits.

2. Introduce and conduct First Reading of Ordinance No. 09-24. An Ordinance of the City Council of the City of Orange amending Section 2.10.090 of the Orange Municipal Code removing prohibition on transfer of contributions from candidate controlled committees and committee controlled by City candidate or elected officer making a contribution to another committee supporting or opposing a City candidate for office.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Provide Outstanding Public Service
d. Foster an environment of leadership, teamwork, and innovation.

6. DISCUSSION AND BACKGROUND
Pursuant to a councilmember request to modernize and/or refine Orange Municipal Code (OMC) Chapter 2.10.050 and 2.10.090, amendments have been suggested for City Council consideration.

The amendments will increase contribution limits to $2,500.00 and remove the prohibition on:

1. Transfer of contributions from Candidate Controlled Committees to City Candidate Committees; and

2. Committee controlled by City Candidate or Elected Officer making a contribution to another committee supporting or opposing a City Candidate for office.

City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 7.2. 4/9/2024 File #: 24-0252
The full OMC text with the proposed changes are included in the attached ordinances. Both “Clean” and “Redlined” versions are provided.

7. ATTACHMENTS
· Ordinance No. 08-24
· Ordinance No. 08-24 - Redlined
· Ordinance No. 09-24
· Ordinance No. 09-24 - Redlined
City of Orange Printed on 4/4/2024Page 2 of 2
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361
Agenda Item
City Council
Item #: 7.2. 4/9/2024 File #: 24-0252
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

2. SUMMARY
The proposed Ordinances make select changes to Orange Municipal Code Sections 2.10.050 and

2.10.090 regarding campaign contribution limits as well as contributions made from controlled committees.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Provide Outstanding Public Service
d. Foster an environment of leadership, teamwork, and innovation.

The amendments will increase contribution limits to $2,500.00 and remove the prohibition on:

1. Transfer of contributions from Candidate Controlled Committees to City Candidate Committees; and

2. Committee controlled by City Candidate or Elected Officer making a contribution to another committee supporting or opposing a City Candidate for office.

City of Orange Printed on 4/4/2024Page 1 of 2
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362
Item #: 7.2. 4/9/2024 File #: 24-0252
The full OMC text with the proposed changes are included in the attached ordinances. Both “Clean” and “Redlined” versions are provided.

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 2.10.050

OF THE ORANGE MUNICIPAL CODE TO
INCREASE CAMPAIGN CONTRIBUTION LIMITS.

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

SECTION I:

Section 2.10.050 of the Orange Municipal Code, “ Contribution Limitations ,” is hereby amended to read as follows:

2.10.050 – Contribution Limitations.

A. No person shall make, and no City Candidate or treasurer of a controlled committee of a City Candidate shall solicit or accept any contribution aggregating more than: (1) $2,500.00 per mayoral election cycle; (2) $2,500.00 per City Council, City Clerk, or City Treasurer election cycle; (3) $2,500.00 per recall election cycle; or (4) $2,500.00 per special election cycle.

B. The contribution limitations set forth in Section 2.10.050(A) shall also apply to any committee which is formed for the purpose of making expenditures in support of or opposition to the recall of an Elective City Officer, and to contributions received by such Elective City Officer, during a recall election cycle as defined in Section 2.10.070(C) of this chapter.

C. The contribution limitations of this section shall not apply to a City Candidate's contribution of his or her separate or community property funds to his or her own City Candidate Committee or campaign. Contributions by a spouse from separate property shall be subject to the limitations set forth in this section.

364
2 ADOPTED this day of , 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 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
365
ORDINANCE NO. 08-24

AN ORDINANCE OF THE CI TY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 2.10.050

OF THE ORANGE MUNI CIPAL CODE TO
INCREASE CAMPAIGN CONTRIBUTION LIMITS.

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

SECTION I:

Section 2.10.050 of the Orange Municipal Co de, “Contribution Limi tations,” is hereby amended to read as follows:

2.10.050 – Contribution Limitations.

A. No person shall make, and no City Candidate or treasurer of a controlled committee of a City Candidate shall solicit or accept any contribution aggregating more than: (1) $1,000.002,500.00 per mayoral election cycle; (2) $1,000.002,500.00 per City Council, City Clerk, or City Treasurer election cycle; (3) $500.002,500.00 per recall election cycle; or (4) $1,000.002,500.00 per special election cycle.

B. The contribution limitations set forth in Section 2.10.050(A) shall also apply to any committee which is formed fo r the purpose of making expe nditures in support of or opposition to the recall of an Elective City Offi cer, and to contributions received by such Elective City Officer, during a recall election cycle as defined in Section 2.10.070(C) of this chapter.

C. The contribution limitations of this section sh all not apply to a City Candidate's contribution of his or her separate or community propert y funds to his or he r own City Candidate Committee or campaign. Contributions by a spouse from separate property shall be subject to the limitations set forth in this section.

366
2 ADOPTED this day of , 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the C ity 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 ____________, 2024 was duly passe d and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
367
ORDINANCE NO. 09-24

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 2.10.090

OF THE ORANGE MUNICIPAL CODE REMOVING

PROHIBITION ON TRANSFER OF

CONTRIBUTIONS FROM CANDIDATE

CONTROLLED COMMITTEES TO CITY

CANDIDATE COMMITTEES AND COMMITTEE

CONTROLLED BY CITY CANDIDATE OR ELECTED

OFFICER MAKING A CONTRIBUTION TO

ANOTHER COMMITTEE SUPPORTING OR

OPPOSING A CITY CANDIDATE FOR OFFICE

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

SECTION I:

Section 2.10.090 of the Orange Municipal Code, “ Contributions from Committees ,” is hereby amended to read as follows:

2.10.090 – Contributions from Committees.

A. Contributions Transferred from Committees. Contributions from candidate controlled committees to a City Candidate Committee are permitted.

B. Contributions Transferred Between Controlled Committees by the Same City Candidate. If a City Candidate has more than one cont rolled committee, any transfers into the City Candidate's City Candidate Committee shall be governed by the following rules:

1. Transferred contributions shall be deemed contributed during the election cycle in which they are transferred to the receiving City Candidate Committee.

2. Transferred contributions shall be attributed to each contributor on a last in -first out (LIFO) basis and shall be aggregated with any contributions made by such contributor directly to the City Candidate Committee in the same election cycle and shall be subject to the contribution limits of this chapter. Transferred contributions shall be itemized on Schedule A of Form 460 or any successor form, and shall identify the transferor committee for those contributions being transferred.

3. A one -time transfer shall be made at the time the City Candidate forms his/her controlled committee. Subsequent contributions received by the transferor committee 368
2 on or after the date the City Candidate formed a committee to run for City office may not be transferred to the transferee committee established for that City office.

C. No person or committee shall accept or make any contribution that is conditioned upon all or part of the contribution being transferred to a City Candidate Committee or otherwise violates Government Co de Section 84301. Any contributions received in violation of this subsection shall be paid by the City Candidate to the City's general fund within 60 days of discovery of the violation.

ADOPTED this day of , 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
369
ORDINANCE NO. 09-24

AN ORDINANCE OF THE CI TY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 2.10.090

OF THE ORANGE MUNICI PAL CODE REMOVING

PROHIBITION ON TRANSFER OF

CONTRIBUTIONS FROM CANDIDATE

CONTROLLED COMMI TTEES TO CITY

CANDIDATE COMMITTEES AND COMMITTEE

CONTROLLED BY CITY CANDIDATE OR ELECTED

OFFICER MAKING A CONTRIBUTION TO

ANOTHER COMMITTEE SUPPORTING OR

OPPOSING A CITY CANDIDATE FOR OFFICE

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

SECTION I:

Section 2.10.090 of the Orange Municipal C ode, “Contributions from Committees,” is hereby amended to read as follows:

2.10.090 – Contributions from Committees.

A. Contributions Transferred from Committees . Contributions from candidate controlled committees to a City Candidate Committee are prohibited except as provided in Section

2.10.090(C)permitted.

B. No committee controlled by a City Candidate or Elective City Officer shall make any contribution to any other committee supporting or opposing a City Candidate for office.

CB. Contributions Transferred Be tween Controlled Committees by the Same City Candidate. If a City Candidate has more than one contro lled committee, any transfers into the City Candidate's City Candidate Committee shall be governed by the following rules:

1. Transferred contributions shall be deemed contributed during th e election cycle in which they are transferred to the receiving City Candidate Committee.

2. Transferred contributions shall be attributed to each contributor on a last in-first out (LIFO) basis and shall be aggregated with any contributions made by such contributor directly to the City Candidate Committee in the same election cycle and shall be subject to the contribution limits of this chapter. Transferred contributions shall be itemized on Schedule A of Form 460 or any successor fo rm, and shall identi fy the transferor committee for those contributions being transferred.

370
2 3. A one-time transfer shall be made at the time the City Candidate forms his/her controlled committee. Subsequent contributi ons received by the transferor committee on or after the date the City Candidate fo rmed a committee to run for City office may not be transferred to the transferee committee established for that City office.

DC. No person or committee shall accept or make any contribution that is conditioned upon all or part of the contribution being transferre d to a City Candidate Committee or otherwise violates Government Code Section 84301. Any cont ributions received in violation of this subsection shall be paid by the C ity Candidate to the City's ge neral fund within 60 days of discovery of the violation.

ADOPTED this day of , 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the C ity 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 ____________, 2024 was duly passe d and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
371
Agenda Item
City Council
Item #: 9.1. 4/9/2024 File #: 24-0181
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public Hearing to consider introduction and First Reading of Ordinance No. 05-24 amending Chapter

17.15 of the Orange Municipal Code relating to Density Bonus Law to establish consistency with state density bonus law; and finding of CEQA exemption.

2. SUMMARY
The Density Bonus provisions contained in Chapter 17.15 of the Orange Municipal Code are not consistent with state density bonus law. The subject ordinance replaces Chapter 17.15 in its entirety and establishes consistency between the density bonus provisions of the Orange Municipal Code and California Government Code Section 65915, et. seq. by reference. It also includes limited procedural content specific to the City of Orange.

3. RECOMMENDED ACTION

1. Conduct and close Public Hearing.

2. Introduce and conduct First Reading of Ordinance 05-24. An Ordinance of the City Council of the City of Orange amending Chapter 17.08 and 17.15 of the Orange Municipal Code relating to Density Bonus Law.

3. Find the project is exempt from the California Environmental Quality Act (CEQA) under Section 15378 (Common Sense Exemption) of the CEQA Guidelines.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
State Density Bonus law is contained in California Government Code Section 65915, et. seq. The law establishes a complex methodology involving a sliding scale of bonus density ranging of up to 50 percent based on unit affordability and proportion of affordable units in relation to a residential project’soverall unit count. Senior citizen housing developments are also eligible for a density bonus.

The legislation enables developers to request a combination of concessions or incentives and development standard reductions and waivers in order to maximize project feasibility and incentivize City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 9.1. 4/9/2024 File #: 24-0181
affordable housing development. The developer must commit to a 55-year period of affordability.

The subject Ordinance replaces OMC Chapter 17.15 in its entirety and establishes consistency between the density bonus provisions of the Orange Municipal Code (OMC) and California Government Code. Incorporation by reference of the California Government Code will enable the OMC to maintain consistency with State law in the event of changes to the legislation over time.

Sections 17.15.020 through 17.15.050 establish procedures, standards, and requirements specific to the City of Orange including:

1. Density bonus applications will follow the process for Major Site Plan Review and shall be subject to Planning Commission action.

2. The Community Development Director, in consultation with the City Attorney, is authorized to execute Density Bonus Housing Agreements rather than the present requirement for Planning Commission approval.

3. Affordable units shall be dispersed throughout a housing development.

4. The Community Development Director is authorized to propose additional standards and procedures to implement the density bonus program to the City Council for approval by resolution, to include language requesting that applicants provide preferences to those eligible persons with ties to the City of Orange.

The proposed Ordinance implements one aspect of Housing Policy Action 2B included in the Housing Element. Specifically, it brings the density bonus provisions of the OMC into compliance with State law. Updating the OMC will be among the action items reported to the California Department of Housing and Community Development in the City’s Annual Housing Element Progress Report.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 (Common Sense Exemption) because it will not have a direct or reasonably foreseeable indirect physical change on the environment and is not a “project.”For this reason, no further CEQA documentation is required.

8. ATTACHMENTS
· Attachment 1 Ordinance No. 05-24
· Attachment 2 Planning Commission Resolution No. PC 03-24 · Attachment 3 Planning Commission Staff Report dated March 4, 2024 · Attachment 4 Planning Commission Minutes dated March 4, 2024 City of Orange Printed on 4/4/2024Page 2 of 2
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373
Agenda Item
City Council
Item #: 9.1. 4/9/2024 File #: 24-0181
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public Hearing to consider introduction and First Reading of Ordinance No. 05-24 amending Chapter

17.15 of the Orange Municipal Code relating to Density Bonus Law to establish consistency with state density bonus law; and finding of CEQA exemption.

3. RECOMMENDED ACTION

1. Conduct and close Public Hearing.

3. Find the project is exempt from the California Environmental Quality Act (CEQA) under Section 15378 (Common Sense Exemption) of the CEQA Guidelines.

4. FISCAL IMPACT
None.

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

The legislation enables developers to request a combination of concessions or incentives and development standard reductions and waivers in order to maximize project feasibility and incentivize City of Orange Printed on 4/4/2024Page 1 of 2
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Item #: 9.1. 4/9/2024 File #: 24-0181
affordable housing development. The developer must commit to a 55-year period of affordability.

Sections 17.15.020 through 17.15.050 establish procedures, standards, and requirements specific to the City of Orange including:

1. Density bonus applications will follow the process for Major Site Plan Review and shall be subject to Planning Commission action.

3. Affordable units shall be dispersed throughout a housing development.

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE AMENDING
CHAPTER 17.08 AND 17.15 OF THE ORANGE

MUNICIPAL CODE RELATING TO DENSITY

BONUS LAW

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

SECTION I:

This Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378, because it involves administrative activities of the City that will not result in direct or indirect physical changes in the environment.

SECTION II:

The Table contained at Section 17.08.020 shall be revised as follows:

Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Administrative Design Review X(1)
Administrative Adjustment Permit X
Alcohol Production Permit X
Conditional Use Permit A A(1) X(1) X(1) X(1)
Density Bonus Application X
Design Review A/X(1) X(1)
Environmental Documentation A X(1) X(1)
General Plan Amendment A A X
Neighborhood Preservation Overlay Applications A/X(1) X(1) Old Towne Demolition Permit A X(1) X
Reasonable Accommodation X(1)
Site Plan Review—Major A A X
Site Plan Review—Minor X
Sober Living Permit X
Temporary Use (Non-Recurring) Permit A X(1) X(1)
Temporary Use (Recurring) Permit X
Tentative Parcel Map X(1) X(1) X(1)
Tentative Tract Map A A X
Variance A A(1) X(1) X
Zone Change A A X
Zoning Ordinance Amendment A A X

376
2 SECTION III:

Section 17.08.020(E)(1) is hereby amended to add subsection (n) as follows:
“n. Decide upon Density Bonus applications and review, approve and execute Density Bonus Housing Agreements, with concurrence of the City Attorney.” SECTION IV:

Chapter 17.15 of the Orange Municipal Code (Zoning –Density Bonus) is hereby repealed in its entirety.

SECTION V:

Chapter 17.15 of the Orange Municipal Code (Zoning —Density Bonus) is hereby added to read as follows:

CHAPTER 17.15

DENSITY BONUS

17.15.010 Density Bonus

17.15.020 Processing and Approval

17.15.030 Density Bonus Housing Agreement

17.15.040 Location, Design and Quality of Affordable Units

17.15.050 Issuance of Building Permit

17.15.06 Additional Regulations

17.15. 010 Density Bonus

The City hereby incorporates by reference the State’s density bonus law, as contained in Government Code Section 65915, et. seq., as may be amended from time to time. In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the Housing Element of the City's General Plan.

17.15.020 Processing and Approval.

An application for density bonus under this Chapter shall follow the review process for Major Site Plan Review as set forth in Section 17.10.060, including form and payment of required fees. The application shall be processed concurrently with any other discretionary or ministerial entitlement applications. Determinations shall be made by the Director of Community Development. Appeals shall be as set forth in this Title.

377
3 17.15.030 Density Bonus Housing Agreement
A. The applicant requesting a density bonus under this Chapter shall agree to construct, operate and maintain the project in accordance with a density bonus housing agreement entered into with the City.

B. The terms of the density bonus housing agreement sha ll be reviewed and revised as appropriate by the Director of Community Development, who shall execute on behalf of the City, and the City Attorney, who shall review as to form.

C . The proposed density bonus housing agreement shall be based on the city’s standard form agreement, which, at minimum, shall include the address(es), legal description, an appropriate term of affordability , a project description, including, but not limited to, the total number of market-rate and affordable units, the concessions or incentives provided, waivers or reductions provided, the type and description of the affordable unit(s) provided (number of bedrooms/bath, unit size, floor area, etc.) and other standard provisions, including, but not limited to, income verification requirements, the dispersal requirement under this Chapter, indemnification language, monitoring and/or reporting requirements and remedies for breach..

D. Once a density bonus housing agreement is determined acceptable by the Director of Community Development and executed by the parties, the density bonus housing agreement shall be recorded on the parcel or parcels designated for construction. The approval and recordation shall take place prior to final map approval, or, where a map is not being pro cessed, prior to the issuance of building permits for the project. The density bonus housing agreement shall be binding upon all future owners and successors in interest

17.15.040 Location, Design and Quality of Affordable Units Design Affordable units sha ll be dispersed throughout the project. The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market -rate units of the project, except that the applicant may include a higher proportion of affordable units with more bedrooms. The exterior and interior design and appearance of the affordable units shall be comparable with the market rate units.

17.15.050 Issuance of Building Permits
The City may not issue building permits for more than 50 percent of the market rate units until it has issued building permits for all of the affordable units, and the City may not approve any final inspections or certificates of occupancy for more than 50 percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.

17.15.060 Additional Regulations

The Director may propose additional standards and procedures to implement the provision of this Chapter, consistent with the requirements of State law , including, but not limited to, requesting that applicants endeavor to provide preferences to eligible persons with ties to the City of Orange. 378
4 The Director’s regulations shall be submitted to the City Council for approval by resolution and may be changed from time to time to reflect changes in State law without further action of the City Council.

SECTION VI:

SECTION VII:

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

379
5 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

380

DENSITY BONUS ORDINANCE UPDATE

A RESOLUTION OF THE, PLANNING COMMISSION OF

THE CITY OF ORANGE RECOMMENDING CITY

COUNCIL APPROVAL OF AN ORDINANCE OF THE

CITY COUNCIL OF THE CTTY OF ORANGE AMENDING
CHAPTER 17.15 OF THE ORANGE MUNICIPAL CODE

RELATING TO DENSITY BONUS LAW
APPLICANT: CITY OF ORANGE
WHEREAS' Califomia Government Code Section 65915, et. seq. establishes standards fo^r the granting of a density bonus as an incentive to encourage the development of housing affbrdable to low- and very low-income households in Califomia: and _ WHEREAS, the provisions of State density bonus law have continued to evolve since the adoption ofthe density bonus provisions sontained in Chapter 17.15 ofthe Orange Municipalcode were adopted in 2008 creating inconsistencies between State law and the city 6ode; WHEREAS. Housing policy Action 28 of the city of orange Housing Erementidentilies an update to the density bonus provisions of the orange M"unicipal c?de as animplementation action of the Element: and WHEREAS. the Planning commission conducted on dury advertised public hearing onMarch 4. 2024, at which time inter-ested persons had an opportunity to testify eiiher in support ot.or opposition to, the proposal and for the purpose ofconside.ing the Density Bonus ordinance.

Now' THEREFORE, BE IT RESOLVED that the planning commission recommendsthat the city council approve the Density Bonus ordinance showrias Attachment l, attachedhereto. based on the following finding:

SECTION I- FINDINGS
The proposed Ordinance updates the density bonus provisions contained in Chapter l7.l 5 of theoMC to be consistent with california Govemment code Section 65915, et. seq. and implementsan implementation activity included in Housing policy Action 2E} olthe City oiorange HousingElement.

RESOLUTION NO. PC 03-21
381
Resolution No. PC 03-24

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Orange City CouncilApril 9, 2024

Orange City Council
April 9, 2024