Agenda packet — Orange City Council, May 28, 2024 (part 1 of 4)

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

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
May 28, 2024
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

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

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

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

Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.
(Continued on page 2)

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1 City Council Agenda May 28, 2024
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda May 28, 2024
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Reverend Beth Chiaravalle, First Christian Church of Orange

1.2 PLEDGE OF ALLEGIANCE
Councilmember Jon Dumitru

1.3 ROLL CALL

1.4 ANNOUNCEMENTS

1.5 REPORT ON CLOSED SESSION ACTIONS

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

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

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

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Approval of minutes of the City of Orange City Council Special Meeting held on April 30, 2024.

Approve minutes as presented.

Recommended Action:

Staff Report
April 30, 2024, Special Meeting minutes
Attachments:

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3 City Council Agenda May 28, 2024

3.3. Agreement with TriTech Software Systems for software upgrades and maintenance of the Police Department ’s Computer Aided Dispatch and Records Management System.

Approve the agreement with TriTech Software Systems in the amount of $ 130,838.84 for software upgrades and maintenance; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with Tritech
Attachments:

3.4. First Amendment to Agreements with Archie ’s Towing and Southside Towing for official police towing and storage services.

Approve first amendments to extend agreements with Archie ’s Towing and Southside Towing for the removal, storage, and impound of vehicles; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment Agreement with Archie's Towing
First Amendment Agreement with - Southside Towing
Attachments:

3.5. Fourth Amendment to the agreement with Nieves Landscape, Inc. for landscape maintenance services at various city facilities and public right of way.

Approve the Fourth Amendment to the agreement with Nieves Landscape, Inc. for the contract extension to June 30, 2025, for an amount not to exceed $ 420,600; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Fourth Amendment to the Agreement with Nieves Landscape Attachments:

3.6. Fifth Amendment to the Agreement with Lyons Security Services, Inc. for continued park security services through June 30, 2024.

Approve the amendment with Lyons Security Services, Inc. in the amount of $30,776.82 for park security services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Fifth Amendment to Agreement with Lyons Security, Inc.

Attachments:

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3.7. Rejection of all bids received for the Tot Lot Wood Chip Replenish Program.

Reject all bids received for the Tot Lot Wood Chip Replenish Program, Bid No . 23-24.31.

Recommended Action:

Staff Report
Letter provided to the lowest bidder responding to RFB No. 23-24.31 Attachments:

3.8. Appropriation of $ 436,000 in Comprehensive Transportation Funding Programs - Project X Tier 1 2023 Environmental Cleanup Program Fund and transfer of $139,000 in Sanitation and Sewer Fund from Walnut Avenue Infrastructure Improvement to the Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project.

1. Accept into the City ’s revenue budget $436,000 in grant funds from the Orange County Transportation Authority Tier 1 Environmental Cleanup Program to Reimbursable Capital Projects (550):
550.5011.45460.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project

2. Authorize the appropriation of $436,000 to Reimbursable Capital Projects (550):
550.5011.56340.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project

3. Authorize the following budget transfer of $139,000:

From: 220.5011.56340.30168 Walnut Avenue Infrastructure Improvement To: 220.5011.56340.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project
Recommended Action:

Staff Report
Letter Agreement
Attachments:

3.9. Award of Contract to Doan and Hartwig Water Systems, Inc. for purchase and installation of mixers at Reservoirs 5, 8, and 10; and finding of CEQA exemption.

1. Approve the contract with Doan and Hartwig Water Systems, Inc. in the amount of $67,456 representing an original bid amount of $61,324, plus a 10% contingency of $6,132 for purchase and installation of mixers at Reservoirs 5, 8, and 10; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities).

Recommended Action:

Staff Report
Contract with Doan and Hartwig Water Systems, Inc.

Attachments:

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3.10. Award of Contract to Marina Landscape, Inc. for White Oak Ridge Landscape Improvements and finding of CEQA exemption; Bid No. 23-24.34 (SP-4285).

1. Authorize the appropriation of $184,900 from the unreserved Santiago Hills LAD (291) fund balance to:
291.5025.56015.20255 Gen Renovation

2. Approve the contract with Marina Landscape, Inc. for the landscape improvements at White Oak Ridge for $430,283; and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Find that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) provisions per State CEQA Guidelines Section 15301 (Existing Facilities).

Recommended Action:

Staff Report
Bid Abstract
Contract with Marina Landscaping, Inc.

Attachments:

3.11. Notice of Completion and Acceptance for Plaza Park Fountain Conservation Treatment.

1. Accept Plaza Park Fountain Conservation Treatment Services as complete (AGR- 7578).

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

Recommended Action:

Staff Report
Notice of Completion and Acceptance, Agreement No. 7578 Attachments:

3.12. Notice of Completion and Acceptance for the Fence Installation at Riverdale Avenue from Orange Olive Rd. to approximately 2,000 linear feet west of Orange Olive Rd. (Sourcewell Contract #CA-R8-GB01-123021-HCC, SP-4275).

1. Accept Fence Installation at Riverdale Avenue from Orange Olive Rd. to approximately 2,000 Linear Feet west of Orange Olive Rd. (Sourcewell Contract #CA-R8-GB01-123021-HCC), as complete.

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

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

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3.13. Second Reading and adoption of 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. Ordinance No. 08-24.

Adopt Ordinance No. 08-24.

Recommended Action:

Staff Report
Ordinance No. 08-24
Attachments:

3.14. Second Reading and adoption of 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. Ordinance No. 09-24.

Adopt Ordinance No. 09-24.

Recommended Action:

Staff Report
Ordinance No. 09-24
Attachments:

3.15. Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 2.13 to the Orange Municipal Code relating to a Candidate Filing Fee. Ordinance No. 11-24.

Adopt Ordinance No. 11-24.

Recommended Action:

Staff Report
Ordinance No. 11-24
Attachments:

3.16. Authorize purchase of an uninterruptible power supply from Odyssey Power Corporation.

Approve the purchase and installation of Toshiba 4400 UPS from Odyssey Power Corporation in the amount of $92,998.86.

Recommended Action:

Staff Report
Odyssey quote 79895
Attachments:

3.17. Authorize purchase of computer monitors from CPAC, Inc.

1. Approve the purchase of computer monitors from CPAC, Inc. for $209,943.43.

2. Authorize the appropriation of $210,000 from the City Infrastructure Bond (553) Recommended Action:

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unreserved fund balance to:
553.1601.56033.20455 CIP Comp Equip-Multi-Factor Authenticate Staff Report
CPAC, Inc. quote
Attachments:

3.18. Authorize purchase of park rules signs from Icon Signs/RKSK Group, Inc.

Approve an increase of $ 4,100 to an existing purchase order with Icon Signs /RKSK Group, Inc. bringing the total blanket purchase order to $34,100.

Recommended Action:

Staff ReportAttachments:

3.19. Authorize increase of purchase order for medical supplies from Life -Assist, Inc . in the amount of $35,000 funded through the EMT Transport fund.

Authorize the increase of $ 35,000 from the EMT Transport fund to the Life Life -Assist, Inc. purchase order for medical supplies
Recommended Action:

Staff ReportAttachments:

3.20. Authorize purchase of advanced email threat protection annual subscription from 1903 Solutions.

Approve the purchase of advanced email threat protection annual subscription from 1903 Solutions for $31,720.00.

Recommended Action:

Staff Report
1903 Solutions quote
Attachments:

3.21. Authorize purchase of irrigation supplies from SiteOne Landscape Supply.

Approve an increase of $ 5,000 to an existing blanket purchase order from SiteOne Landscape Supply for a total of $35,000.

Recommended Action:

Staff ReportAttachments:

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

4. REPORTS FROM MAYOR SLATER

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

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

5.1. Report on External Appointments (Dumitru)

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

7. PUBLIC HEARINGS

7.1. Public Hearing to consider a proposal to redevelop a former utility property with 48 two-and three -story single -family small lot homes at 901 E. Katella Avenue, and adoption of Mitigated Negative Declaration No. 1882-22 and associated Mitigation Monitoring and Reporting Program.
(General Plan Amendment No. 0004-22, Zone Change No. 1307-22, Tentative Tract Map No. 0051-22, Major Site Plan Review No. 1111-22, Design Review No . 5092-22, Administrative Adjustment No. 0293-23, and Mitigated Negative Declaration No. 1882-22).

1. Adopt Resolution No. 11553. A Resolution of the City Council of the City of Orange adopting Mitigated Negative Declaration No. 1882-22 and associated Mitigation Monitoring and Reporting Program, and approving General Plan Amendment No . 0004-22, Tentative Tract Map No. 0051-22, Major Site Plan No. 1111-22, Design Review No. 5092-22, and Administrative Adjustment No. 0293-23 for the redevelopment of a vacant AT&T facility with 48, two -and three -story single -family small lot homes, open space recreation areas, guest parking, and related site improvements on a 2.71-acre site located at 901 E. Katella Avenue.

2. Introduce and conduct First Reading of Ordinance No. 13-24. An Ordinance of the City Council of the City of Orange approving Zone Change No. 1307-22 to change the zoning classification from Commercial Professional (C-P) to Residential Multiple Family (R-3) on a 2.71-acre site located at 901 E. Katella Avenue.

Recommended Action:

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9 City Council Agenda May 28, 2024
Staff Report
Attachment 1 Resolution No. 11553
Attachment 2 Ordinance No. 13-24
Attachment 3 Vicinity Map
Attachment 4 Existing Site Photographs
Attachment 5 Project Plans, date stamped received May 1, 2024 Attachment 6 Breakdown of Proposed Unit Plan Types, Floor Areas, and Stories
Attachment 7 Final Mitigated Negative Declaration No. 1882-22 and Mitigation Monitoring and Reporting Program dated March 5, 2024 Attachment 8 Mitigated Negative Declaration No. 1882-22 Appendices
Attachment 9 Design Review Committee Staff Report dated December 6, 2023
Attachment 10 Design Review Committee Minutes dated Decembe 6, 2023
Attachment 11 Design Review Committee Staff Report dated February 7, 2024
Attachment 12 Design Review Committee Minutes dated February 7, 2024
Attachment 13 Design Review Committee Staff Report dated February 21, 2024
Attachment 14 Design Review Committee Minutes dated February 21, 2024
Attachment 15 Draft Planning Commission Resolution Nos. PC 06-24, PC 07-24, and PC 08-24 dated March 18, 2024 - Not Adopted Attachment 16 Planning Commission Staff Report dated March 18, 2024
Attachment 17 Planning Commission Minutes dated March 18, 2024 Attachment 18 Written Public Comments from the March 18, 2024 Planning Commission Meeting
Attachment 19 Applicant's Summary of Changes
Attachment 20 Development Standards Reference Table
Attachment 21 Small Lot Subdivision Guidelines
Attachment 22 Correspondence from Members of the Public since the Planning Commission Meeting
Attachments:

7.2. Public Hearing to consider the Fiscal Year 2024-2025 Annual Action for use of Community Development Block Grant and HOME Investment Partnerships Funding.

1. Approve the draft Fiscal Year 2024-2025 Annual Action Plan and authorize the City Manager or his designee to execute the Fiscal Year 2024-2025 Memorandum of Understanding with City departments, subrecipient agreements with non -profit Recommended Action:

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10 City Council Agenda May 28, 2024
agencies, and all related U .S. Department of Housing and Urban Development documents.

2. Authorize staff to incorporate comments received at the Public Hearing or make changes if needed into the Annual Action Plan before submitting to the Department of Housing and Urban Development.

Staff Report
Fiscal Year 2024-2025 Draft Annual Action Plan
Fiscal Year 2024-2025 CDBG Funding Recommendations Summary Attachments:

7.3. Public Hearing to consider approval of the Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) Final Engineer ’s Report for Fiscal Year 2024-2025. Resolution No. 11552.

1. Adopt Resolution No. 11552. A Resolution of the City Council of the City of Orange approving the Engineer ’s Report and providing for the annual assessment for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).

2. Establish the assessment for Fiscal Year 2024-2025 for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) at $293.08 per single family unit per year.

Recommended Action:

Staff Report
Resolution No. 11552
Final Engineer's Report LMD 94-1 FY 2024-25
Attachments:

7.4. Public Hearing to consider approval of the Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ), and 15-1 (Santiago Hills Overlay) Final Engineer ’s Reports for Fiscal Year 2024-2025. Resolution No. 11551.

1. Adopt Resolution No. 11551. A Resolution of the City Council of the City of Orange approving the Engineer ’s Reports and providing for the annual assessment for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).

2. Establish the assessment per single family detached unit per year for Fiscal Year 2024-2025 for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ) and 15-1 (Santiago Hills Overlay) at $369.44 and $271.17 respectively for single family detached, and $221.66 and $192.53 respectively for condominiums.

Recommended Action:

Staff Report
Resolution No. 11551
Final Engineer's Report LMD 86-2 FY 2024-25
Final Engineer's Report LMD 15-1 FY 2024-25
Attachments:

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11 City Council Agenda May 28, 2024

8. ADMINISTRATIVE REPORTS

8.1. Receive and file a presentation by Townsend Public Affairs on the State of California budget; and adopt Resolution No. 11549 memorializing the Orange City Council’s support for Assembly Bill 2309 (Muratsuchi and Pacheco).

1. Receive and file a presentation on the State of California budget and Assembly Bill 2309 by Townsend Public Affairs.

2. Adopt Resolution No. 11549. A Resolution of the City Council of the City of Orange, California, supporting Assembly Bill 2309.

Recommended Action:

Staff Report
May Revise Overview
Resolution No. 11549
California State Assembly Floor Analysis on AB 2309
Attachments:

8.2. Award of Contract to SP Plus Corporation for Parking Enforcement Services; Bid No. 23-24.23.

Approve the contract with SP Plus Corporation in the amount of $ 2,493,271 for Parking Enforcement Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with SP Plus Corporation
Attachments:

8.3. Declare the properties located at 171 Cypress Street and 174 Cypress Street as surplus to the City ’s needs; and authorize the disposal of the properties .

Resolution No. 11554.

Adopt Resolution No. 11554. A Resolution of the City Council of the City of Orange finding that certain City -owned real property located at 171 N. Cypress and 177 N.

Cypress in the City of Orange is exempt surplus land pursuant to Government Code Section 54221.

Recommended Action:

Staff Report
Resolution No. 11554
Attachments:

8.4. Fiscal Year 2024-2025 General Fund Budget Balancing Proposal.

1. Provide direction on the temporary budget reduction (s) to be included in the Fiscal Year 2024-2025 budget adoption.

2. Provide direction to return in December 2024 to restore and /or implement additional reductions.

Recommended Action:

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3. Provide direction to proceed with a Request For Proposal for a fee and cost allocation study.

4. Provide direction to proceed with exploring the possibility of implementing long -term rental fees, life and safety fees for students at colleges and universities, penalties for over enrollment at colleges and universities, annual impact fees for all residential investment properties, and a three and four stars hotel incentive program and /or sales tax rebate.

Attachment A - FY25 Proposed Revenue Enhancements
Attachment B - FY25 Proposed Budget Reductions
Staff Report
Attachments:

8.5. Consider potential sales tax measure scenarios and provide direction to City staff.

Consider potential sales tax measure scenarios and provide direction to City staff.

Recommended Action:

Staff Report
Graphs Depicting Different Sales Tax Scenarios
Citizen Oversight Committee Comparisons
Citizen Oversight Committee Supporting Documents
Attachments:

9. REPORTS FROM CITY MANAGER

10. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, June 11, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

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

Date posted: May 23, 2024

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13 Agenda Item
City Council
Item #: 3.1. 5/28/2024 File #: 24-0308
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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14 Agenda Item
City Council
Item #: 3.1. 5/28/2024 File #: 24-0308
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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15 Agenda Item
City Council
Item #: 3.2. 5/28/2024 File #: 24-0313
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

1. SUBJECT
Approval of minutes of the City of Orange City Council Special Meeting held on April 30, 2024.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meeting(s).

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· April 30, 2024, Special Meeting minutes
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16 Agenda Item
City Council
Item #: 3.2. 5/28/2024 File #: 24-0313
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

1. SUBJECT
Approval of minutes of the City of Orange City Council Special Meeting held on April 30, 2024.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meeting(s).

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· April 30, 2024, Special Meeting minutes
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17 City of Orange
City Council
April 30, 2024

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, April 30, 2024, at 5:00 p.m. for a Special Meeting in the Grijalva Sports Center Building B, 368. N. Prospect St ., Orange, California.
5:00 PM STRATEGIC PLANNING SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 5:03 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Mayor Dan Slater.

1.2 ROLL CALL
Councilmember Bilodeau joined the meeting at 5:20 p.m.

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

Absent: Dumitru

2. ADMINISTRATIVE REPORTS

2.1. City of Orange Strategic Plan Discussion and Update.

Public Speakers:

Eddie Albright
Adrienne Gladson
Reggie Mundekis
City Manager Kisela introduced the item. Bill Kelly, Kelly Associates Management Group, LLC, reviewed the draft Goal Action Plan. Council discussed renumbering the goals in order of priority, listing specific actions to some of the short term objectives, adding historic preservation as a goal, and conducting a forensic audit.

Council provided staff with revisions to specific goals and objectives.

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18 City Council Minutes - Draft April 30, 2024

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:51 p.m.

The next Regular City Council meeting will be held on Tuesday, May 14, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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Draft
19 Agenda Item
City Council
Item #: 3.3. 5/28/2024 File #: 24-0165
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with TriTech Software Systems for software upgrades and maintenance of the Police Department’s Computer Aided Dispatch and Records Management System.

2. SUMMARY
Annual software support for the continuation of the Orange Police Department’sComputer Aided Dispatch and Records Management System in the amount of $130,838.84

3. RECOMMENDED ACTION
Approve the agreement with TriTech Software Systems in the amount of $130,838.84 for software upgrades and maintenance; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $130,838.84 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through General Fund (100).

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

6. DISCUSSION AND BACKGROUND
TriTech Software Systems (TriTech) dba Central Square is the current vendor of the Police Department’s Computer Aided Dispatch and Records Management System (CAD/RMS) used for basic operations, including dispatching and 9-1-1 services, data collection, workflow, and real-time reporting.

Due to the systems performance, value of upgrades, and dissatisfaction with the system, staff pursued other options to replace the CAD/RMS system including an all-inclusive enterprise solution to help manage police hardware and software. The proposed project is identified in Capital Improvement Project No. 30196 and was awarded to Axon Enterprise, Inc. in June 2022. Thus far, the department with the Axon conversion team, have implemented the Axon Standards platform, completed drone integration with Axon Air, refreshed body worn cameras, certified Taser 7 training and implementation, upgraded the mobile audio video in-car camera system which includes license plate reader technology, and nearly completed the Records conversion. Completion of the Records and Dispatch conversion will continue in Fiscal Year 2024-2025. In the interim, an agreement with City of Orange Printed on 5/23/2024Page 1 of 2
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20 Item #: 3.3. 5/28/2024 File #: 24-0165
and Dispatch conversion will continue in Fiscal Year 2024-2025. In the interim, an agreement with TriTech is needed to continue annual maintenance services for Fiscal Year 2024-2025.

Based on the complexity of the CAD/RMS software system, the department is requesting the continuation of annual software upgrades and maintenance services with TriTech for a total amount of $130,838.84.

7. ATTACHMENTS
· Agreement with TriTech
City of Orange Printed on 5/23/2024Page 2 of 2
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21 Agenda Item
City Council
Item #: 3.3. 5/28/2024 File #: 24-0165
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with TriTech Software Systems for software upgrades and maintenance of the Police Department’s Computer Aided Dispatch and Records Management System.

2. SUMMARY
Annual software support for the continuation of the Orange Police Department’sComputer Aided Dispatch and Records Management System in the amount of $130,838.84

4. FISCAL IMPACT
The expense for this agreement is $130,838.84 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through General Fund (100).

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

Due to the systems performance, value of upgrades, and dissatisfaction with the system, staff pursued other options to replace the CAD/RMS system including an all-inclusive enterprise solution to help manage police hardware and software. The proposed project is identified in Capital Improvement Project No. 30196 and was awarded to Axon Enterprise, Inc. in June 2022. Thus far, the department with the Axon conversion team, have implemented the Axon Standards platform, completed drone integration with Axon Air, refreshed body worn cameras, certified Taser 7 training and implementation, upgraded the mobile audio video in-car camera system which includes license plate reader technology, and nearly completed the Records conversion. Completion of the Records and Dispatch conversion will continue in Fiscal Year 2024-2025. In the interim, an agreement with City of Orange Printed on 5/23/2024Page 1 of 2
powered by Legistar™
22 Item #: 3.3. 5/28/2024 File #: 24-0165
and Dispatch conversion will continue in Fiscal Year 2024-2025. In the interim, an agreement with TriTech is needed to continue annual maintenance services for Fiscal Year 2024-2025.

7. ATTACHMENTS
· Agreement with TriTech
City of Orange Printed on 5/23/2024Page 2 of 2
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23 PROFESSIONAL SERVICES AGREEMENT
[CAD/RMS Services]

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

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

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED THIRTY THOUSAND EIGHT HUNDRED THIRTY-EIGHT DOLLARS and 84/100 ($130,838.84) without the prior written authorization of City.

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

24 2

3. Payment.

a. Payment for the annual software support to be provided under this Agreement is due in accordance with Exhibit “A”.

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

c. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. Payment schedules shall not apply to the payment of invoices which are reasonably in dispute.

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

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

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equi pment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
25 3

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

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

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

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement immediately after the Effective Date of this Agreement and diligently prosecute completion of the work.

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

12. Reserved.

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

14. Products of Contractor. Excluding the Contractor’s, or if applicable a third party vendor’s, intellectual property, including but not limited to the software and its associated documentation and services owned by Consultant, or if applicable a third party vendor, the documents, materials, manuals , and other products written, produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction. Software and its associated documentation are licensed in accordance with the Consultant’s, or if applicable, third party vendor’s software license provisions.

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

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, 26 4
and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity. As to claims arising under this Agreement, Contractor agrees to hold City, its officers, agents and employees harmless from any and all claims, liabilities or losses for personal injury, death or property damage, including workers compensation claims, arising out of or in connection with work undertaken or equipment provided pursuant to this Agreement to the extent any such claim is caused by or results from any wrongful or negligent acts or omissions, or intentional misconduct of Contractor , its employees or its agents. Further, Contractor agrees to provide City, its officers, agents and employees, at the request of City and at Contractor’s sole expense, with the defense of any and all such actions, suits or other legal proceedings brought against City, its officers, agents and employees arising out of or in connection with the work undertaken pursuant to this Agreement. Contractor shall pay any judgement or settlement rendered against the City, its agents, officers and employees, including any award for attorneys’ fees.

Contractor shall not be liable for the indemnification and defense of City on claims or litigation to the extent that such claims or litigation arise from the sole negligence or wrongful act or omission of the City. In case s of joint liability Contractor’s indemnity obligations hereunder shall be reduced to the extent of such actions or omissions based on the principle of comparative fault.

The total liability of Contractor for any claim or damage arising under this Agreement or renewals thereof, whether in contract, tort, by way of indemnification or under statute shall be limited to (i) direct damages which shall not exceed the fees paid fo r the services under this Agreement by Client to Contractor for the twelve (12) month term during which the cause of action for such claim or damage arose or (ii) in the case of bodily injury or property damage for which defense and indemnity coverage is p rovided by Contractor’s insurance carrier(s), the coverage limits of such insurance.

27 5

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL

OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS

AGREEMENT, REGARDLESS OF WHETHER A PARTY HAD KNOWLEDGE OF THE POSSIBILITY OF ANY SUCH LOSS DAMAGE.

18. Insurance.

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

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

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

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

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a c ontracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

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

28 6
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

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

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

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in Califo rnia so long as such insurer pos sesses the aforementioned Best rating.

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

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

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

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

29 7

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.

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

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified p revailing rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

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

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

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

(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the 30 8
Department of Homeland Security, the Department of Labor, or the Social Security Administration.

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

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

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

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

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any wo rk performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.

31 9
“CONTRACTOR” “CITY”

TriTech Software Systems City of Orange
1000 Business Center Dr. 300 E. Chapman Avenue
Lake Mary, FL 32746 Orange, CA 92866-1591
Attn.: Ron Anderson Attn.: Hurd-Servin

Telephone: (800) 727-8088 Telephone: (714) 744-7449 E-Mail: [email protected] E-Mail: [email protected]

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

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

32 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

TRITECH SOFTWARE SYSTEMS, CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

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

√

33 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
34 MORE INFORMATION AT CENTRALSQUARE.COM

Renewal Order prepared by:

Paola Ceballos
[email protected]

Thank you for your continued business. We at CentralSquare appreciate and value our relationship and look forward to serving you in the future. CentralSquare provides software that powers over 8,000 communities. More information about all of our products can be found at www.centralsquare.com.

WHAT SOFTWARE IS INCLUDED?
_____

PRODUCT NAME QUANTITY TOTAL

1. CentralSquare Message Switch Annual Maintenance Fee 1 6,471.36 USD

2. Enterprise CAD Archive Server Software Annual Maintenance Fee
1 735.39 USD

3. Enterprise CAD Browser Annual Maintenance Fee 1 2,941.53 USD

4. Enterprise CAD GISLink Utility Position Annual Maintenance Fee
1 1,470.77 USD

5. Enterprise CAD Mapping Annual Maintenance Fee 1 154.43 USD

6. Enterprise CAD Mapping Annual Maintenance Fee 8 1,176.61 USD

7. Enterprise CAD Mapping Test or Training Annual Maintenance Fee
1 147.07 USD

8. Enterprise CAD Position Annual Maintenance Fee 8 23,532.20 USD

9. Enterprise CAD Position Annual Maintenance Fee 1 3,088.61 USD

10. Enterprise CAD Rotation Provider Annual Maintenance Fee 1 2,941.53 USD

11. Enterprise CAD Routing Server Annual Maintenance Fee 1 5,500.66 USD

12. Enterprise CAD Server Software Annual Maintenance Fee 1 8,824.58 USD

13. Enterprise CAD Test or Training System Annual Maintenance Fee
1 2,382.64 USD

14. Enterprise FBR Server Software Annual Maintenance Fee 1 0.00 USD

15. Enterprise FBR User Annual Maintenance Fee 1 0.00 USD

16. Enterprise Mobile Base Position with CJIS/NCIC Forms Annual Maintenance Fee
1 15,590.09 USD
Renewal Order #: Q-168733
Start Date: July 1, 2024
End Date: June 30, 2025
Billing Frequency: Yearly
Subsidiary: Tritech Software Systems
Renewal Order prepared for:

Hilda Montoya, Sr. Administrative Analyst
Orange Police Department
1107 N Batavia Street
Orange, CA 92867
(714) 744-7522
35 MORE INFORMATION AT CENTRALSQUARE.COM

Renewal Order prepared by:

Paola Ceballos
[email protected]

17. Enterprise Mobile Mapping Annual Maintenance Fee 1 3,118.02 USD

18. Enterprise Mobile Server Software Annual Maintenance Fee 1 7,353.81 USD

19. Enterprise Mobile Test or Training System Annual
Maintenance Fee
1 2,794.45 USD

20. Enterprise RMS Accident Annual Maintenance Fee 1 0.00 USD

21. Enterprise RMS Concurrent User License Annual Maintenance Fee
1 0.00 USD

22. Enterprise RMS Evidence and Barcoding Annual Maintenance Fee
1 0.00 USD

23. Enterprise RMS GIS (With CAD) Annual Maintenance Fee 1 0.00 USD

24. Enterprise RMS NIBRS Module Annual Maintenance Fee 1 6,353.60 USD

25. Enterprise RMS Reporting Server License Annual
Maintenance Fee
1 0.00 USD

26. Enterprise RMS Server Software Annual Maintenance Fee 1 30,216.02 USD

27. Enterprise RMS Test or Training System Annual Maintenance Fee
1 2,368.54 USD

28. NCIC/State Query Position for Enterprise CAD Annual Maintenance Fee
7 1,029.55 USD

29. NCIC/State Software Enterprise RMS Concurrent User Annual Maintenance Fee
1 0.00 USD

30. Standard ANI/ALI Interface Annual Maintenance Fee 1 2,647.38 USD

Renewal Order Total: 130,838.84 USD

Billing Information

This is not an invoice. Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of the Customer.

For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the Ship To location provided by the Customer on the Renewal Order Form.

Please note that the Total Price shown above has been rounded to the nearest two decimal places for display purposes only.

The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Total Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Total Price displayed above.

36 Agenda Item
City Council
Item #: 3.4. 5/28/2024 File #: 24-0123
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
First Amendment to Agreements with Archie’sTowing and Southside Towing for official police towing and storage services.

2. SUMMARY
The Orange Police Department uses private towing companies for the removal, storage and impound of vehicles during the course of business. The current agreements with the contracted towing companies are valid until June 30, 2024, and provide an option to extend for up to two additional years.

3. RECOMMENDED ACTION
Approve first amendments to extend agreements with Archie’sTowing and Southside Towing for the removal, storage, and impound of vehicles; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None

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

6. DISCUSSION AND BACKGROUND
The Official Police Towing and Storage Agreement outlines the equipment, vehicle, and performance requirements for those companies who desire to contract with the City to provide towing and storage services. Individual companies are qualified according to the Orange Police Department Policy Manual, Policy No. 502, Tow Company Guidelines and Rotation Tow Listing. The Official Police Towing and Storage Agreement also provides for oversight of the services provided and fees charged for services, including insurance and indemnification of the City, as well as provisions for the review and investigation of complaints, and suspension or termination of individual agreements.

In June 2021, the City Council approved agreements with the following tow companies: Truxyz, Inc., doing business as Tows R Russ, Archie’s Towing, and Southside Towing. Due to a change in operations, Tows R Russ withdrew and will not be extending their agreement. Archie’sTowing and Southside Towing are currently under contract and in good standing as official police towing service City of Orange Printed on 5/23/2024Page 1 of 2
powered by Legistar™
37 Item #: 3.4. 5/28/2024 File #: 24-0123
Southside Towing are currently under contract and in good standing as official police towing service providers. The proposed First Amendment to the Official Police Towing and Storage Agreement with each tow company will extend the agreement term for two additional years through June 30, 2026.

7. ATTACHMENTS
· First Amendment Agreement with Archie’s Towing
· First Amendment Agreement with Southside Towing
City of Orange Printed on 5/23/2024Page 2 of 2
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38 Agenda Item
City Council
Item #: 3.4. 5/28/2024 File #: 24-0123
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
First Amendment to Agreements with Archie’sTowing and Southside Towing for official police towing and storage services.

4. FISCAL IMPACT
None

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

In June 2021, the City Council approved agreements with the following tow companies: Truxyz, Inc., doing business as Tows R Russ, Archie’s Towing, and Southside Towing. Due to a change in operations, Tows R Russ withdrew and will not be extending their agreement. Archie’sTowing and Southside Towing are currently under contract and in good standing as official police towing service City of Orange Printed on 5/23/2024Page 1 of 2
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39 Item #: 3.4. 5/28/2024 File #: 24-0123
Southside Towing are currently under contract and in good standing as official police towing service providers. The proposed First Amendment to the Official Police Towing and Storage Agreement with each tow company will extend the agreement term for two additional years through June 30, 2026.

OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT

THIS FIRST AMENDMENT TO OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the “First Amendment”) is made and en tered into this ____ day of, ____________ 2024, by and between the CITY OF ORANGE, a municipal corporation ("City"), and ARCHIE’S TOWING, a Ca lifornia corporation (" Towing Service"), with reference to the following:

A. City and Towing Service entered into that certain Official Police Towing and Storage Service Agreement (Agreement No. 4714.C) dated as of June 23, 2021, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Towing Service desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by extending the term.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Term. Pursuant to Section 7 of the Original Agreement, the term of the Agreement is hereby amended to reflect an extension of two (2) additional years commencing on July 1, 2024 and terminating on June 30, 2026.

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

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

“CONTRACTOR” “CITY”

ARCHIE’S TOWING, a California corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

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

√NA
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44 Agenda Item
City Council
Item #: 3.5. 5/28/2024 File #: 24-0326
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Fourth Amendment to the agreement with Nieves Landscape, Inc. for landscape maintenance services at various city facilities and public right of way.

2. SUMMARY
The initial term of the agreement was for four years ending on June 30, 2024. Staff is recommending a one-year extension of the agreement to Fiscal Year 2024-2025, for an amount not to exceed $420,600.

3. RECOMMENDED ACTION
Approve the Fourth Amendment to the agreement with Nieves Landscape, Inc. for the contract extension to June 30, 2025, for an amount not to exceed $420,600; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $420,600 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through:
100.5025.51431 General Fund Landscape Maintenance - City Property $175,000 263.5021.51431 Measure “M” Landscape Maintenance - City Property $175,000 100.5025.51700 General Fund - Contractual Services $63,000 540.5025.51431 Old Town Parking Facilities - Landscape Maintenance $7,600 Total: $420,600

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

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

6. DISCUSSION AND BACKGROUND
This agreement provides general landscape maintenance services for all city facilities, public right of City of Orange Printed on 5/23/2024Page 1 of 2
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This agreement provides general landscape maintenance services for all city facilities, public right of way, and monthly Santiago Creek debris removal, excluding parks. Nieves Landscape, Inc. has performed satisfactorily in accordance with the scope of work for the initial contract. Staff recommends a one-year extension be authorized in the amount of $420,600, which includes a 5% increase from the current contract pricing and a 10% contingency. This contract allows the City to make future services modifications should the City Council modify the budget for the services.

Should this occur, staff will return with a contract amendment to reflect any future modifications for approval by the City Council.

7. ATTACHMENTS
· Fourth Amendment to the Agreement with Nieves Landscape City of Orange Printed on 5/23/2024Page 2 of 2
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46 Agenda Item
City Council
Item #: 3.5. 5/28/2024 File #: 24-0326
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Fourth Amendment to the agreement with Nieves Landscape, Inc. for landscape maintenance services at various city facilities and public right of way.

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

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

6. DISCUSSION AND BACKGROUND
This agreement provides general landscape maintenance services for all city facilities, public right of City of Orange Printed on 5/23/2024Page 1 of 2
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47 Item #: 3.5. 5/28/2024 File #: 24-0326
This agreement provides general landscape maintenance services for all city facilities, public right of way, and monthly Santiago Creek debris removal, excluding parks. Nieves Landscape, Inc. has performed satisfactorily in accordance with the scope of work for the initial contract. Staff recommends a one-year extension be authorized in the amount of $420,600, which includes a 5% increase from the current contract pricing and a 10% contingency. This contract allows the City to make future services modifications should the City Council modify the budget for the services.

Should this occur, staff will return with a contract amendment to reflect any future modifications for approval by the City Council.

7. ATTACHMENTS
· Fourth Amendment to the Agreement with Nieves Landscape City of Orange Printed on 5/23/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.6. 5/28/2024 File #: 24-0270
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Fifth Amendment to the Agreement with Lyons Security Services, Inc. for continued park security services through June 30, 2024.

2. SUMMARY
This amendment provides enough contract authority to continue nighttime security services to patrol City parks through the end of the contract period of June 30, 2024. The total cost of this amendment is $30,776.82.

3. RECOMMENDED ACTION
Approve the amendment with Lyons Security Services, Inc. in the amount of $30,776.82 for park security services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the amendment is $30,776.82 and will be funded through General Fund (100):
100.7022.51700.00000 Park Security Services

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

6. DISCUSSION AND BACKGROUND
The City currently has a four-year agreement with Lyons Security Services Inc. (Lyons), a private security firm, to patrol city parks during non-operating hours. This strategy has proven effective in increasing park safety by reducing illegal activity such as drug use and vandalism, as well as ensuring compliance with park closure hours. A security presence acts as a deterrent to these illicit behaviors, and in most cases, Lyons is successful in gaining public compliance with city ordinances.

Lyons works closely with the Orange Police Department (OPD) in cases where further enforcement is required.

The City Council approved the current four-year Agreement with Lyons in May of 2020 to provide security patrols in our parks during park closure hours. In May of 2021, the City Manager executed the First Amendment to the Agreement, adding the Old Towne West Metrolink Parking Structure to City of Orange Printed on 5/23/2024Page 1 of 2
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the First Amendment to the Agreement, adding the Old Towne West Metrolink Parking Structure to the service area and dedicating hours for patrol of the parking structure. The First Amendment increased the compensation by $12,000. In February 2022, the City Council approved the Second Amendment to the Agreement, allowing for increased park patrol services at El Camino Real Park during daytime park hours. The Second Amendment increased the contract authority by $40,000. The funding for the Second Amendment was provided by grant funding from the North Orange County Public Safety Collaborative.

In Spring of 2022, the Third and Fourth Amendments were added to the Agreement, in support of the City’splan to provide onsite security services for its unhoused community during operational hours at the HUB Resource Center (HRC) located at 517 W. Struck Avenue. The additional amendments added an additional $271,352 onto the agreement. The HRC is currently exploring alternative security options at no cost to the City’s General Fund.

Discussion
The City is committed to continuing to provide security services for after-hours park patrol. The current service level for after-hours park patrol is two guards for eight hours per evening, seven days per week. As the contract term has progressed, the hourly rate for guard services has increased each year. Additionally, the current agreement capped the total amount allowable for regular after-hours park patrol at $110,000 annually, separate from the additional El Camino Real Park daytime security service.

In order to continue providing security services, staff is recommending that the City Council approve the Fifth Amendment to the Agreement with Lyons in the amount of $30,776.82 to continue the after- hours park patrol program at the current service level through the end of the contract period. While the park patrol program is funded through the General Fund (100), staff is not requesting an additional General Fund appropriation for the after-hours park patrol program. The current Community Services General Fund (100) operating budget will absorb as much of the $30,776.82 as the budget will allow.

The current security service Agreement expires on June 30, 2024. Staff is currently preparing to bring forward a recommendation to award a new four-year agreement at the June 25 City Council meeting pending adoption of the Fiscal Year 2024-2025 budget.

7. ATTACHMENTS
· Fifth Amendment to Agreement with Lyons Security Services, Inc.

City of Orange Printed on 5/23/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.6. 5/28/2024 File #: 24-0270
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Fifth Amendment to the Agreement with Lyons Security Services, Inc. for continued park security services through June 30, 2024.

4. FISCAL IMPACT
The total expenditure for the amendment is $30,776.82 and will be funded through General Fund (100):
100.7022.51700.00000 Park Security Services

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

Lyons works closely with the Orange Police Department (OPD) in cases where further enforcement is required.

The City Council approved the current four-year Agreement with Lyons in May of 2020 to provide security patrols in our parks during park closure hours. In May of 2021, the City Manager executed the First Amendment to the Agreement, adding the Old Towne West Metrolink Parking Structure to City of Orange Printed on 5/23/2024Page 1 of 2
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the First Amendment to the Agreement, adding the Old Towne West Metrolink Parking Structure to the service area and dedicating hours for patrol of the parking structure. The First Amendment increased the compensation by $12,000. In February 2022, the City Council approved the Second Amendment to the Agreement, allowing for increased park patrol services at El Camino Real Park during daytime park hours. The Second Amendment increased the contract authority by $40,000. The funding for the Second Amendment was provided by grant funding from the North Orange County Public Safety Collaborative.

7. ATTACHMENTS
· Fifth Amendment to Agreement with Lyons Security Services, Inc.

City of Orange Printed on 5/23/2024Page 2 of 2
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FIFTH AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[City Park Security Services]

THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Fifth Amendment”) is made and entered into as of ________________, 20 24, by and between the CITY OF ORANGE, a municipal corporation (“City”), and LYONS SECURITY SERVICES, INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 6355.A) dated May 12, 2020 , which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor amended the Original Agreement to Revise Scope of Services and increase compensation by a First Amendment to Professional Services Agreement (Agreement No. 6355.A.1) dated May 21, 2021 , which is incorporated herein by this reference (the “First Amendment”); and

C. City and Contractor amended the Original Agreement to increase the compensation by Second Amendment to Professional Services Agreement (Agreement No. 6355.A.2) dated February 22, 2022, which is incorporated herein by this reference (the “Second Amendment”); and

D. City and Contractor amended the Original Agreement to increase the compensation by Third Amendment to Professional Services Agreement (Agreement No. 6355.A.3) dated March 31, 2022, which is incorporated herein by this reference (the “Third Amendment”); and

E. City and Contractor amended the Original Agreement to increase the compensation by Fourth Amendment to Professional Services Agreement (Agreement No. 6355.A. 4) dated May 10, 2022, which is incorporated herein by this reference (the “Fourth Amendment”); and

F. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the scope of services and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

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Section 3 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by THIRTY THOUSAND SEVEN HUNDRED SEVENTY-SIX DOLLARS and 82/100 ($30,776.82) specified in Exhibit “B” of the Original Agreement, and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVEN HUNDRED NIN ETY-FOUR THOUSAND ONE HUNDRED TWENTY-EIGHT DOLLARS and 88/100 ($ 794,128.88) without the prior written authorization of City.”

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

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

“CONTRACTOR” “CITY”

LYONS SECURITY SERVICES, INC., a CITY OF ORANGE, a municipal corporation California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor Title:

*By: ATTEST:

Printed Name:

Title:
_____________________________________
Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

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

√NA
Nicholas Guidice
President
Secretary
Nicholas Guidice
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Agenda Item
City Council
Item #: 3.7. 5/28/2024 File #: 24-0323
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Rejection of all bids received for the Tot Lot Wood Chip Replenish Program.

2. SUMMARY
The City received and opened bids for the Tot Lot Wood Chip Replenish Program on March 28, 2024.

Two bidders responded to the notice inviting bids. Staff recommends rejecting all bids as both bidders failed to include required information with the submitted bids as detailed in the instructions and subsequent addenda.

3. RECOMMENDED ACTION
Reject all bids received for the Tot Lot Wood Chip Replenish Program, Bid No. 23-24.31.

4. FISCAL IMPACT
None.

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

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

6. DISCUSSION AND BACKGROUND
The City utilizes wood chip surfacing at 12 of the playgrounds, or tot lots, at City parks. The current agreement for this service expires June 30, 2024. The City began solicitation of Request for Bid (RFB) No. 23-24.31 for the Tot Lot Wood Chip Replenish Program on February 22, 2024. Given that the wood chips are an integral part of the playground, this surfacing must meet specific playground safety requirements. The City included these requirements in solicitation for bids for replenishing the tot lots.

Bids were due on March 28, 2024, and the City received two bids. Both bidders failed to include references as required as part of the instructions contained within the RFB. Additionally, neither bidder submitted the required certifications that validate a wood chip manufacturer’sconformance to Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA), and American Society for Testing and Materials (ASTM) Standards. As the bidders did not provide the required certifications, staff could not verify that either bidder was going to provide the certified, engineered City of Orange Printed on 5/23/2024Page 1 of 2
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certifications, staff could not verify that either bidder was going to provide the certified, engineered wood chips required for the purpose of public playground surface safety.

Orange Municipal Code (“OMC”)Section 3.08.550 provides that the legislative body, in its discretion, may reject any and all bids and readvertise if, prior to rejecting the bids, a written notice is provided to the apparent low bidder, informing the bidder of the City’sintention to reject the bid at least two business days prior to the hearing at which the City Council intends to reject the bid. A letter was sent to the apparent low bidder on May 24, 2024.

Staff recommends that the City Council reject all bids received.

7. ATTACHMENTS
· Letter provided to the lowest bidder responding to RFB No. 23-24.31 City of Orange Printed on 5/23/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.7. 5/28/2024 File #: 24-0323
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Rejection of all bids received for the Tot Lot Wood Chip Replenish Program.

2. SUMMARY
The City received and opened bids for the Tot Lot Wood Chip Replenish Program on March 28, 2024.

3. RECOMMENDED ACTION
Reject all bids received for the Tot Lot Wood Chip Replenish Program, Bid No. 23-24.31.

4. FISCAL IMPACT
None.

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

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

Bids were due on March 28, 2024, and the City received two bids. Both bidders failed to include references as required as part of the instructions contained within the RFB. Additionally, neither bidder submitted the required certifications that validate a wood chip manufacturer’sconformance to Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA), and American Society for Testing and Materials (ASTM) Standards. As the bidders did not provide the required certifications, staff could not verify that either bidder was going to provide the certified, engineered City of Orange Printed on 5/23/2024Page 1 of 2
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certifications, staff could not verify that either bidder was going to provide the certified, engineered wood chips required for the purpose of public playground surface safety.

Staff recommends that the City Council reject all bids received.

7. ATTACHMENTS
· Letter provided to the lowest bidder responding to RFB No. 23-24.31 City of Orange Printed on 5/23/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.8. 5/28/2024 File #: 24-0281
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $436,000 in Comprehensive Transportation Funding Programs - Project X Tier 1 2023 Environmental Cleanup Program Fund and transfer of $139,000 in Sanitation and Sewer Fund from Walnut Avenue Infrastructure Improvement to the Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project.

2. SUMMARY
The Orange County Transportation Authority approved the allocation of Tier 1 Environmental Cleanup Program funding and has awarded the City of Orange $436,000 for the Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project. The City intends to use this funding to install a hydrodynamic separator on Glassell Street north of Brentwood Avenue, connector pipe screen units, and full trash capture units on Glassell Street and La Veta Avenue.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $436,000 in grant funds from the Orange County Transportation Authority Tier 1 Environmental Cleanup Program to Reimbursable Capital Projects (550):
550.5011.45460.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project

2. Authorize the appropriation of $436,000 to Reimbursable Capital Projects (550):
550.5011.56340.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project

3. Authorize the following budget transfer of $139,000:

From: 220.5011.56340.30168 Walnut Avenue Infrastructure Improvement To: 220.5011.56340.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project

4. FISCAL IMPACT
The total expenditure for this project is $575,000 and will be funded in Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project through:
220.5011.56340.30246 Sanitation and Sewer $139,000
550.5011.56340.30246 Reimbursable Capital Projects 436,000 Total $575,000
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5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

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

6. DISCUSSION AND BACKGROUND
The City of Orange Public Works Department applied for and received funds through Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transportation Authority (OCTA). This program is a competitive grant program within Orange County that makes funds available to cities to help protect Orange County beaches and waterways from transportation-generated pollution and improve overall water quality. The City has been awarded $436,000 for installing a hydrodynamic separator on Glassell Street north of Brentwood Avenue, connector pipe screen units (CPS), and full trash capture (FTC) units on Glassell Street and La Veta Avenue.

The project collects drainage from a total of 214 acres composed of commercial businesses, bus stop locations, light manufacturing, industrial manufacturing, recreation open space, multi-family homes, and single-family home sections of Orange. These areas combine to generate potentially significant amounts of leaves, trash, and other debris. The City has looked at various options to control trash and debris. Through the Orange Municipal Code, the City can enforce sections related to littering and nuisances and its weekly street sweeping program picks up a large amount of trash and debris. However, anything not collected by the street sweepers has the potential to enter the storm drain system and impact the downstream water bodies. The proposed hydrodynamic separator is a Continuous Deflection Separator (CDS) unit and helps address this deficiency by capturing trash and debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. The CDS unit will be placed on Glassell Street just north of Brentwood Avenue. The proposed connector CPS units and FTC units also help address this deficiency by capturing trash, debris, and other pollutants within each catch basin. CPS units will be installed in 11 catch basins and FTC units will be installed in two grate inlets on both Glassell Street and La Veta Avenue.

The total project cost is estimated at $575,000, including 5% for design and 15% for construction engineering and contingency.

Construction is scheduled to begin in August 2024 and is expected to be completed by February 2025.

7. ATTACHMENTS
· Letter Agreement
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Agenda Item
City Council
Item #: 3.8. 5/28/2024 File #: 24-0281
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $436,000 in grant funds from the Orange County Transportation Authority Tier 1 Environmental Cleanup Program to Reimbursable Capital Projects (550):
550.5011.45460.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project

2. Authorize the appropriation of $436,000 to Reimbursable Capital Projects (550):
550.5011.56340.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project

3. Authorize the following budget transfer of $139,000:

From: 220.5011.56340.30168 Walnut Avenue Infrastructure Improvement To: 220.5011.56340.30246 Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project.

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.

The total project cost is estimated at $575,000, including 5% for design and 15% for construction engineering and contingency.

Construction is scheduled to begin in August 2024 and is expected to be completed by February 2025.

7. ATTACHMENTS
· Letter Agreement
City of Orange Printed on 5/23/2024Page 2 of 2
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Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) March 26, 2024
Mr. Christopher Cash
City of Orange Department of Public Works
300 East Chapman Avenue
Orange, California 92866
Subject: Agreement No. C-1-
Letter Agreement No. 25
Dear Mr. Cash:
(OCTA) approval to amend Agreement No. C-1-2777, Attachment A- OCTA is deleting Attachment A-24, in its entirety, as identified in Article 4 -25, which is incorporated and made
a part of the Agreement. All provisions set forth in Master Funding Agreement No.

C-1-2777 apply.

If you have any questions, please feel free to contact Adrian Salazar at (714) 560- 5363.

Please execute this letter agreement and return the signed original to the attention of:

Tasnime Mekouar, Contracts Administration-, Procurement Contracts Administration and Materials Management Department 600 South Main Street, 4
th Floor
Orange, CA 92868
Phone: (714) 560-5082, Email: [email protected]
Upon full execution by both parties, this Letter Agreement No. 25 to Agreement No. C-1-2777, shall be made effective this 2nd day of April, 2024 ("Effective Date").

Accepted and Agreed
___________________________ _____________________________ Kia Mortazavi Christopher Cash
Executive Director, Planning Director of Public Works
Orange County Transportation Authority City of Orange
___________________________
Georgia Martinez
Department Manager, Contracts and Procurement
Orange County Transportation Authority

AFFILIATED

AGENCIES
Orange County
Transit District
Local Transportation
Authority
Service Authority for
Freeway Emergencies
Consolidated Transportation
Service Agency
Congestion Management
Agency
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Agenda Item
City Council
Item #: 3.9. 5/28/2024 File #: 24-0309
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 Doan and Hartwig Water Systems, Inc. for purchase and installation of mixers at Reservoirs 5, 8, and 10; and finding of CEQA exemption.

2. SUMMARY
Bids for purchase and installation of mixers at Reservoirs 5, 8, and 10 were solicited. Three bidders responded, and Doan and Hartwig Water Systems, Inc. of Oceanside was the apparent low bidder in the amount of $61,324.

3. RECOMMENDED ACTION

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities).

4. FISCAL IMPACT
The expense for this contract is $67,456 and will be funded through Water Fund (600):
600.8011.51401.00000 Repairs to Buildings And Fixed Equipment

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
Over the last few years, the Public Works Department Water Division has successfully utilized mixers to enhance constant mixing and eliminate stratification of the water in the reservoirs which will have a negative effect on overall water quality in the system, especially during the hot summer months.

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Item #: 3.9. 5/28/2024 File #: 24-0309
their service life and need to be replaced with new equipment.

Through an informal bid process, the Water Division met with three manufacturers and requested bids for these replacements. Three bids were received as follows:

1. Doan and Hartwig Water Systems, Inc., Oceanside, CA $61,324

2. Pulsair Systems, Inc., Bellevue, WA $127,200

3. PAX Water Technology, Milpitas, CA $133,920
The Water Division has worked with Doan and Hartwig Water Systems, Inc. in the past and has found them to be responsive to our requests for technical and customer service. Their mixers are also being used widely by other local agencies with excellent results. Therefore, staff recommends that Doan and Hartwig Water Systems, Inc. be awarded the contract in the amount of $67,456, representing an original bid amount of $61,324, plus a 10% contingency of $6,132.

7. ENVIRONEMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities) in that the project consists of repairs, maintenance, and safety improvement at existing public facilities and results in no expansion of use beyond that existing at the time of the City’s determination.

8. ATTACHMENTS
· Contract with Doan and Hartwig Water Systems, Inc.

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Agenda Item
City Council
Item #: 3.9. 5/28/2024 File #: 24-0309
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 Doan and Hartwig Water Systems, Inc. for purchase and installation of mixers at Reservoirs 5, 8, and 10; and finding of CEQA exemption.

3. RECOMMENDED ACTION

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities).

4. FISCAL IMPACT
The expense for this contract is $67,456 and will be funded through Water Fund (600):
600.8011.51401.00000 Repairs to Buildings And Fixed Equipment

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.

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Item #: 3.9. 5/28/2024 File #: 24-0309
their service life and need to be replaced with new equipment.

Through an informal bid process, the Water Division met with three manufacturers and requested bids for these replacements. Three bids were received as follows:

1. Doan and Hartwig Water Systems, Inc., Oceanside, CA $61,324

2. Pulsair Systems, Inc., Bellevue, WA $127,200

8. ATTACHMENTS
· Contract with Doan and Hartwig Water Systems, Inc.

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Agenda Item
City Council
Item #: 3.10. 5/28/2024 File #: 24-0319
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 Marina Landscape, Inc. for White Oak Ridge Landscape Improvements and finding of CEQA exemption; Bid No. 23-24.34 (SP-4285).

2. SUMMARY
Bids for the landscape improvements at White Oak Ridge were received and opened on April 11, 2024. Three bidders responded to the notice inviting bids. The apparent low bidder is Marina Landscape, Inc., with a bid of $374,159. Staff recommends that Marina Landscape, Inc. be awarded the contract in the total amount of $430,283, representing the original amount of $374,159, plus a 15% contingency of $56,124 for the White Oak Ridge Landscape Improvement Project.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $184,900 from the unreserved Santiago Hills LAD (291) fund balance to:
291.5025.56015.20255 Gen Renovation

2. Approve the contract with Marina Landscape, Inc. for the landscape improvements at White Oak Ridge for $430,283; and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Find that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) provisions per State CEQA Guidelines Section 15301 (Existing Facilities).

4. FISCAL IMPACT
The expense for this contract is $430,283 and will be funded through Santiago Hills LAD (291):
291.5025.56015.20255 Gen Renovation $430,283
Upon approval of the appropriation, the estimated fund balance in the Santiago Hills Assessment District (291) fund on June 30, 2024, will be $1.4 million.

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

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Item #: 3.10. 5/28/2024 File #: 24-0319
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The Santiago Hills Landscape Assessment District covers 32 acres and includes landscape, lighting, and other infrastructure the city maintains through service contracts. The district’slandscape and infrastructure maintenance are funded through an annual assessment of property owners within the district. In 2015, property owners approved a ballot measure to increase the landscape assessment to address rising maintenance costs and gradually improve the 30-year-old landscape and irrigation throughout the district. The renovation work has been prioritized based on community feedback and annual available funding. Since the assessment increase, several renovation projects have been completed. The goals also included irrigation improvements that meet the State mandate for water- efficient landscapes and removing and replacing Pepper Trees with more appropriate tree species whenever possible.

The City Council previously approved an advertisement for bids on February 27, 2024. The bid solicitation was on March 28, 2024, for a period of three weeks, and bids were opened on April 11, 2024. Three bids were received as follows:

1. Marina Landscaping, Inc., Orange $374,159

2. Southern California Landscape, Inc., Rancho Cucamonga $388,537

3. Nieves Landscape, Inc., Santa Ana $438,777
The low bid is about 6.5% higher than the engineer’sestimate. Staff checked the references and qualifications for Marina Landscape, Inc. and found them acceptable, with adequate years of experience completing contacts of a similar nature to this project. Therefore, staff recommends that Marina Landscape, Inc. be awarded the contract in the total amount of $430,283, representing the original amount of $374,159, plus a 15% contingency of $56,124 for the White Oak Ridge Landscape Improvement Project.

Construction is expected to begin in July 2024 and is expected to be completed in late September 2024.

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 15301 (Class 1 (d) and (h) - Existing Facilities) and Section 15304 (b) because the project involves renovating existing landscaping at White Oak Ridge from Newport Blvd. to Trails End Ln. to comply with current industry sustainable landscape and water efficient irrigation standards. No public review is required.

8. ATTACHMENTS
· Bid Abstract
· Contract with Marina Landscaping, Inc.

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Agenda Item
City Council
Item #: 3.10. 5/28/2024 File #: 24-0319
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 Marina Landscape, Inc. for White Oak Ridge Landscape Improvements and finding of CEQA exemption; Bid No. 23-24.34 (SP-4285).

3. RECOMMENDED ACTION

1. Authorize the appropriation of $184,900 from the unreserved Santiago Hills LAD (291) fund balance to:
291.5025.56015.20255 Gen Renovation

2. Approve the contract with Marina Landscape, Inc. for the landscape improvements at White Oak Ridge for $430,283; and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Find that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) provisions per State CEQA Guidelines Section 15301 (Existing Facilities).

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

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Item #: 3.10. 5/28/2024 File #: 24-0319
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

1. Marina Landscaping, Inc., Orange $374,159

2. Southern California Landscape, Inc., Rancho Cucamonga $388,537

Construction is expected to begin in July 2024 and is expected to be completed in late September 2024.

8. ATTACHMENTS
· Bid Abstract
· Contract with Marina Landscaping, Inc.

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City of Orange: Summary of Bid Abstracts for:

White Oak Ridge Landscape Improvements ENGINEER'S ESTIMATE Marina Landscaping Southern California Landscaping, Inc. Nieves Landscape, Inc Bid No. 23-24.34.; Project No. SP-4285 Orange, CA Rancho Cucamonga, CA Santa Ana, CA Date of Bid Opening: 4/11/2024 Tel. No. 714-939-6600 Tel. No. 909-350-3522 Tel. No. 714-641-3071 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT

PAVEMENT IMPROVEMENTS
1 Mobilization 1 LS 10,000.00$ $10,000.00 $19,000.00 $19,000.00 $20,000.00 $20,000.00 $32,664.00 $32,664.00 2 Site Demolition
1 LS 10,000.00$ $10,000.00 $58,000.00 $58,000.00 $70,200.00 $70,200.00 $45,777.00 $45,777.00 3 Soil Removal & Export 140 CY 100.00$ $14,000.00 $175.00 $24,500.00 $100.00 $14,000.00 $76.00 $10,640.00 4 Topsoil Import (Per Specifications) 140 CY 150.00$ $21,000.00 $125.00 $17,500.00 $85.00 $11,900.00 $86.00 $12,040.00 5 Dust Control 1 LS 1,000.00$ $1,000.00 $5,000.00 $5,000.00 $800.00 $800.00 $2,913.00 $2,913.00 6 Traffic Control
1 LS 10,000.00$ $3,223.00 $13,000.00 $13,000.00 $26,300.00 $26,300.00 $6,992.00 $6,992.00 7 8" Wide Concrete Maintenance Band 92 LF 40.00$ $3,680.00 $52.00 $4,784.00 $50.00 $4,600.00 $23.95 $2,203.40 8 Soil Preparation and Fine Grading 28,308 SF 1.00$ $28,308.00 $0.40 $11,323.20 $0.35 $9,907.80 $0.45 $12,738.60 9 Weed Abatement 28,308 SF 1.00$ $28,308.00 $0.15 $4,246.20 $0.10 $2,830.80 $0.27 $7,643.16 10 Root Barrier 1,700 LF 25.00$ $42,500.00 $12.00 $20,400.00 $8.00 $13,600.00 $27.00 $45,900.00 11 24" Box Tree 62 EA 800.00$ $49,600.00 $390.00 $24,180.00 $475.00 $29,450.00 $695.00 $43,090.00 12 15 Gallon Shrub 32 EA 100.00$ $3,200.00 $93.00 $2,976.00 $125.00 $4,000.00 $131.00 $4,192.00 13 5 Gallon Shrub 454 EA 75.00$ $34,050.00 $27.00 $12,258.00 $22.00 $9,988.00 $43.00 $19,522.00 14 1 Gallon Shrub 690 EA 50.00$ $34,500.00 $9.50 $6,555.00 $7.00 $4,830.00 $18.00 $12,420.00 15 Wood Mulch (3" Depth) 262 CY 50.00$ $13,100.00 $78.00 $20,436.00 $65.00 $17,030.00 $105.00 $27,510.00 16 Irrigation System 1 LS 50,000.00$ $50,000.00 $126,000.00 $126,000.00 $140,800.00 $140,800.00 $151,597.99 $151,597.99 17 Ninety (90) Day Maintenance Period 1 LS 4,000.00$ $4,000.00 $4,000.00 $4,000.00 $8,300.00 $8,300.00 $933.00 $933.00 Grand Total $350,469.00 $374,158.40 $388,536.60 $438,776.15 2 31

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Agenda Item
City Council
Item #: 3.11. 5/28/2024 File #: 24-0310
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 Plaza Park Fountain Conservation Treatment.

2. SUMMARY
The City entered into a contract with RLA Conservation, LLC, for the treatment of a historic tiled and painted cast iron fountain located at the center of Plaza Park. The work has been completed to the satisfaction of the Community Services Department.

3. RECOMMENDED ACTION

1. Accept Plaza Park Fountain Conservation Treatment Services as complete (AGR-7578).

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

4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.11. 5/28/2024 File #: 24-0310
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 Plaza Park Fountain Conservation Treatment.

3. RECOMMENDED ACTION

1. Accept Plaza Park Fountain Conservation Treatment Services as complete (AGR-7578).

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

4. ATTACHMENTS
· Notice of Completion and Acceptance
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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 “Plaza Park Fountain Conservation Treatment Services (AGR. 7578)” (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 May 28, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project was performed at Plaza Park, 99 Plaza Square, in the City of Orange. The Contractor who performed (or caused to be performed) said public work and improvements was RLA Conservation, LLC with its principal office at 5418 Packard Street, Los Angeles, California 90019.

DATED as of the 28th day of May 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 28th day of May 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 #: 3.12. 5/28/2024 File #: 24-0338
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for the Fence Installation at Riverdale Avenue from Orange Olive Rd. to approximately 2,000 linear feet west of Orange Olive Rd. (Sourcewell Contract #CA-R8- GB01-123021-HCC, SP-4275).

2. SUMMARY
The project installed approximately 2,000 liner feet of new fencing along Riverdale Avenue. The City had entered a contract with Horizon Construction Company International, Inc. for this work, and they have completed it to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Accept Fence Installation at Riverdale Avenue from Orange Olive Rd. to approximately 2,000 Linear Feet west of Orange Olive Rd. (Sourcewell Contract #CA-R8-GB01-123021-HCC), as complete.

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

4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.12. 5/28/2024 File #: 24-0338
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Accept Fence Installation at Riverdale Avenue from Orange Olive Rd. to approximately 2,000 Linear Feet west of Orange Olive Rd. (Sourcewell Contract #CA-R8-GB01-123021-HCC), as complete.

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

4. ATTACHMENTS
· Notice of Completion and Acceptance
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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 “Fence Installation at Riverdale Avenue from Orange Olive Rd. to approximately 2,000 Linear Feet west of Orange Olive Rd. (Sourcewell Contract #CA-R8-GB01-123021-HCC (SP-4275)). ” (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 May 28, 2024, at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is along Riverdale Avenue in the City of Orange, State of California. The Contractor who performed (or caused to be performed) said public work and improvements were Horizons Construction Company International, Inc. California Corporation, with its principal office at 432 W. Meats Ave. Orange, the State of California.

The name of the surety on the Labor and Material Bond for the Project is The Gray Casualty & Surety Company (Bond# GS23200034), of Louisiana in the amount of $147,745.57.

DATED as of the 28th day of May 2024. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 28th day of May 2024 at Orange, California.

Pamela Coleman, City Clerk of the City of Orange
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Agenda Item
City Council
Item #: 3.13. 5/28/2024 File #: 24-0333
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 Section 2.10.050 of the Orange Municipal Code to Increase Campaign Contribution Limits.

Ordinance No. 08-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 14, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 08-24.

4. ATTACHMENTS
· Ordinance No. 08-24
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Agenda Item
City Council
Item #: 3.13. 5/28/2024 File #: 24-0333
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 Section 2.10.050 of the Orange Municipal Code to Increase Campaign Contribution Limits.

Ordinance No. 08-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 14, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 08-24.

4. ATTACHMENTS
· Ordinance No. 08-24
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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.

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) $1,500.00 per mayoral election cycle; (2) $1,500.00 per City Council, City Clerk, or City Treasurer election cycle; (3) $1,500.00 per recall election cycle; or (4) $1,500.00 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.

SECTION II:

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.
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2 SECTION III:

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

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 14 day of May, 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 #: 3.14. 5/28/2024 File #: 24-0335
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 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. Ordinance No. 09-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 14, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 09-24.

4. ATTACHMENTS
· Ordinance No. 09-24
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Agenda Item
City Council
Item #: 3.14. 5/28/2024 File #: 24-0335
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 14, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 09-24.

4. ATTACHMENTS
· Ordinance No. 09-24
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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 controlled 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 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. 214
2 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 Code 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.

SECTION II:

SECTION III:

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
215
3 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 14th day of May, 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
216
Agenda Item
City Council
Item #: 3.15. 5/28/2024 File #: 24-0331
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 adding Chapter 2.13 to the Orange Municipal Code relating to a Candidate Filing Fee. Ordinance No. 11-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 14, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 11-24.

4. ATTACHMENTS
· Ordinance No. 11-24
City of Orange Printed on 5/23/2024Page 1 of 1
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217
Agenda Item
City Council
Item #: 3.15. 5/28/2024 File #: 24-0331
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 14, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 11-24.

4. ATTACHMENTS
· Ordinance No. 11-24
City of Orange Printed on 5/23/2024Page 1 of 1
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218
ORDINANCE NO. 11-24

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ORANGE ADDING
CHAPTER 2.13 TO THE ORANGE

MUNICIPAL CODE RELATING TO A

CANDIDATE FILING FEE

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

SECTION I:

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

SECTION II:

New Chapter 2.13 (Candidate Filing Fee) is hereby added to Title 2 (Administration and Personnel) of the Orange Municipal Code to read as follows:

Chapter 2.13

CANDIDATE FILING FEE

2.13.010 Established Amount

2.13.020 Paid to City Clerk.

2.13.010 – Established Amount
Pursuant to California Elections Code § 10228, the City establishes a filing fee of Twenty-Five Dollars and No Cents ($25.00) to process a candidate’s nomination papers or supplemental nomination papers. This nonrefundable filing fee is to be paid with each filing of nomination papers or supplemental nominations papers.

2.13.020 – Paid to City Clerk
The filing fee shall be paid to the City Clerk by each candidate for an elective office each time the candidate’s nomination papers or supplemental nomination papers are filed.

SECTION III:

ADOPTED this ______ day of May, 2024.

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

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

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ______ day of May, 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
220
Agenda Item
City Council
Item #: 3.16. 5/28/2024 File #: 24-0301
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 an uninterruptible power supply from Odyssey Power Corporation.

2. SUMMARY
An uninterruptible power supply powers the Police Department’s data center. The current uninterruptible power supply has aged out and requires replacement.

3. RECOMMENDED ACTION
Approve the purchase and installation of Toshiba 4400 UPS from Odyssey Power Corporation in the amount of $92,998.86.

4. FISCAL IMPACT
The total expenditure for this purchase is $92,998.86 and will be funded through the Computer Replacement fund (790):
790.1601.56033.20413 CIP-UPS Replacements

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

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

6. DISCUSSION AND BACKGROUND
An uninterruptible power supply (UPS) provides for continuous uninterrupted power to the critical operational functioning for the Police Department’sdata center. An existing 20 kilovolt-ampere (kVA) Mitsubishi UPS has reached its end of life and will be replaced with a 20 kVA Toshiba UPS.

The existing break-before-make maintenance bypass typically used to service the UPS is an inferior bypass that disconnects power to the datacenter. This project will replace the bypass with a make- before-break bypass allowing for transfer of power without interrupting the power to the data center.

The quote, inclusive of labor and estimated tax, is $84,498.86. The quote excludes shipping costs which will not be known until received. The shipment costs for this large item is anticipated to range from $3,000 to $4,000. A 10% contingency of $8,500 is requested to account for the shipping costs, City of Orange Printed on 5/23/2024Page 1 of 2
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221
Item #: 3.16. 5/28/2024 File #: 24-0301
tax variances, and other potential electrical project costs for a total cost of $92,998.86.

Odyssey Power Corporation, located in Anaheim, has provided UPS and Generator hardware and maintenance services to the City since 2009. In 2018, Odyssey was awarded the contract to supply preventative maintenance services through a competitive bid process. Staff are satisfied with their competency, quality of work, and familiarity with the City’soperating environment. As the City’ssingle source provider of UPS, as well as their proximity to the City of Orange allowing timely response to emergency maintenance issues, staff recommends continuance of Odyssey’sservices to furnish and install the recommended Toshiba 4400 UPS.

7. ATTACHMENTS
· Odyssey quote 79895
City of Orange Printed on 5/23/2024Page 2 of 2
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222
Agenda Item
City Council
Item #: 3.16. 5/28/2024 File #: 24-0301
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 an uninterruptible power supply from Odyssey Power Corporation.

2. SUMMARY
An uninterruptible power supply powers the Police Department’s data center. The current uninterruptible power supply has aged out and requires replacement.

3. RECOMMENDED ACTION
Approve the purchase and installation of Toshiba 4400 UPS from Odyssey Power Corporation in the amount of $92,998.86.

4. FISCAL IMPACT
The total expenditure for this purchase is $92,998.86 and will be funded through the Computer Replacement fund (790):
790.1601.56033.20413 CIP-UPS Replacements

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

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

The quote, inclusive of labor and estimated tax, is $84,498.86. The quote excludes shipping costs which will not be known until received. The shipment costs for this large item is anticipated to range from $3,000 to $4,000. A 10% contingency of $8,500 is requested to account for the shipping costs, City of Orange Printed on 5/23/2024Page 1 of 2
powered by Legistar™
223
Item #: 3.16. 5/28/2024 File #: 24-0301
tax variances, and other potential electrical project costs for a total cost of $92,998.86.

7. ATTACHMENTS
· Odyssey quote 79895
City of Orange Printed on 5/23/2024Page 2 of 2
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224

ESTIMATE FOR REPAIRS
Date Quote #
4/12/2024 79895
License 793476
Sold To: Equipment Location:

CITY OF ORANGE - INFORMATION TECH.
[email protected]
,

CITY OF ORANGE - CIVIC CENTER
300 EAST CHAPMAN AVE
ORANGE, CA92866-1508
We are pleased to submit the following proposal for service subject to the terms and conditions on the following page hereof . It is understood that if acceptance of this proposal is acknowledged on the buyer's purchase order, such acceptance will be subject to the terms of this proposal with the same force and effect as though they were included on the buyer 's purchase order.

DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE

1.00 $37,132.17 $37,132.174400F3F200XAXNX-S 4400 SERIES SINGLE INPUT SUP 20 KVA

1.00 $17,262.78 $17,262.78440B300017ER111X-S BATTERY CABINET

1.00 $6,444.90 $6,444.90MBSWH-250-F3-KS 3 BREAKER, WALL MOUNT, BYPASS

1.00 $742.76 $742.76RMTI-4 REMOTEYE 4 MULTI-PROTOCOL UPS MANAGER

1.00 $720.00 $720.00RMTISTARTUP STARTUP OF REMOTEYE/MODUS

1.00 $2,772.90 $2,772.90UPSSTARTUP4400 STARTUP 4400 UPS SYSTEM

1.00 $0.00 $0.00FREIGHT TO BE PREPAID & ADDED

1.00 $1,500.00 $1,500.00ELECTRICAL CONDUIT, CABLES, TEMP POWER CORD, ANCHORS, J BOXES

1.00 $10,000.00 $10,000.00BLACKDOG ELECTRICAL SYSTEMS

1.00 $2,880.00 $2,880.00PROJECT MANAGEMENT
$84,498.86Quote Amount:
$5,043.35Estimated Tax:

Quote Subtotal: $79,455.51
Furnish & delivery of Qty: 1- Toshiba 4400 Series Single Input UPS 20kVA 18kW – 208/120V in/out - OSHPD Seismic Certified UPS with Battery Cabinet at the "300 East Chapman Ave. Orange, CA" facility.

SOW: Provide demo/removal & disposal of the current Mitsubishi 20 kVA UPS System, External Battery Cabinet & Wall Mounted Maintenance By-Pass Cabinet. Provide Electrical labor & materials such as cables/cords/J Boxes for Temp Power for IT Critical Loads. Installation of new Toshiba 20 kVA 208/208 UPS

Page 1 of 10 ends

MIKE DERING
(949) 744-2285

MIKE DERING
TOSHIBA 4400 SERIES SINGLE INPUT UPS 20 KVA
225

ESTIMATE FOR REPAIRS
Date Quote #
4/12/2024 79895
License 793476
System, Battery Cabinet & External Maintenance By-Pass Cabinet. Anchor new equipment as per OSHPD requirements. Provide all Electrical installation labor, materials such as Conduit, Cable, connectors and hardware for the installation of the new UPS System & associated cabinets. Provide On Site Project Management by Odyssey Power. All work to be performed M-F, 6:00 a.m. to 4:00 p.m. at current Prevailing Wage. Any Overtime Work will be subject to Time and a half charges.

NOTE 1: Equipment to be prepaid at time of order.

NOTE 2: Freight will be prepaid & added to final invoice, Item Description Qty Net Subtotal
1 4400F3F200XAXNX-S
4400 Series Single Input UPS 20kVA 18kW – 208/120V in/out - OSHPD Seismic Certified UPS - 4400 20kVA 18kW double conversion OSHPD Seismic
Certified UPS
- Model meets the requirements set forth by the state of California, Office of Statewide Health Planning and Development, OSHPD, Application for Preapproval for Special Seismic Certification of Components and Equipment (OSP) dictated by the IBC code ICC-ES AC156 and the California Building Code (CBC) SECTION 1708A.
- Single Input
- 208/120V 4 wire + ground input
- 208/120V 4 wire + ground output
- Dimensions (WxDxH): 20.1” x 37.4” x 65.1”
- Weight: 815lbs
- Shipping dimensions: (WxDxH): 43” x 49” x 72”
- Shipping weight: 965lbs D10 1 $24,111.80 $24,111.80
2 440B300017ER111X-S
4400 Series matching 15 to 30kVA OSHPD Seismic Certified Battery Cabinet 288Vdc -150A DC disconnect
- 4400 Series matching 15 to 30kVA OSHPD Seismic Certified Battery Cabinet
- 288Vdc Nominal
- 24 Enersys HX205 Flame retardant VRLA Batteries
- Run times @ .8pf load 15kVA = 38 min
- Run times @ .8pf load 20kVA = 28 min
- Run times @ .8pf load 25kVA = 21 min
- Run times @ .8pf load 30kVA = 17 min
- 150A DC disconnect 1 $11,209.60 $11,209.60

Page 2 of 10 ends

226

ESTIMATE FOR REPAIRS
Date Quote #
4/12/2024 79895
License 793476
Quote #: QUO-27888-L6C9R2 Prepared By:

Mike Garcia
- 24VDC shunt trip (24VDC power supplied from UPS)
- Quick disconnects between battery shelves
- Cabinet matches 15 to 30kVA UPS in dimensions
- Model meets the requirements set forth by the state of California, Office of Statewide Health Planning and Development, OSHPD, Application for Preapproval for Special Seismic Certification of Components and Equipment (OSP) dictated by the IBC code ICC-ES AC156 and the California Building Code (CBC) SECTION 1708A. OSHPD OSP-0471-10 - Dimensions (WxDxH): 20.1” x 37.4” x 65.1”
- Weight: 1,475lbs
- Shipping dimensions: (WxDxH): 46” x 48” x 90”
- Shipping weight: 1,645lbs

Page 3 of 10 ends

227

ESTIMATE FOR REPAIRS
Date Quote #
4/12/2024 79895
License 793476
3 MBSWH-250-F3-KS 1 $4,185.00 $4,185.00
20-25 kVA 208/120V Wall Mount 3 Brkr MBS w/ 2 KK &
SKRU
Three-Breaker Make-Before-Break Wall Mount Maintenance
Bypass Panel
- 100 Amp Breakers, rated at 65 kAIC
- 208V Operation Only
- Includes Two-Breaker Kirk Key Interlock system
- Includes Solenoid key release unit (SKRU) w/ lighted pushbutton

Page 4 of 10 ends

228

ESTIMATE FOR REPAIRS
Date Quote #
4/12/2024 79895
License 793476
- Dimensions: 30"W x 10"D x 42"H
- Weight: 200 lbs.

NOTE: Cables, Cable Lugs (Fittings), and fastening bolts/hardware are to be provided by others 4 RMTI-4 1 $371.38 $371.38
RemotEye 4 Multi-Protocol UPS Manager
- Network Multi-Protocol: HTTP, SNMP, Modbus TCP/RTU, and BACnet IP/MSTP - Network Security Protocols: HTTPS, SSLv3, SSHv2, RADIUS, and Built-in Firewall - Network Ports: Ethernet RJ45 (Auto-sense 10/100 Mbps), and RS-485 (3-Pin)
- Web Browser Requirements: Internet Explorer 10, Firefox 15, and Google Chrome 25 browsers or higher - Email Notification: SMTP (LOGIN, DIGEST-MD5, CRAM-
MD5, NTLM) and SMTP over TLS
- Compatible with: T1000, 1600XP, 1600XPi, 4300, 4400, 5000 - NOTE: Use part number 'T90RMTI4' or
'T90RMTI4WSTARTUP' for G9000. Includes additional cable kit. 5 RMTISTARTUP 1 $360.00 $360.00
STARTUP OF REMOTEYE/MODBUS (Concurrent with UPS)-
START UP REQUEST FORM REQUIRED TO INITIATE SERVICE.

Quote #: QUO-27888-L6C9R2 Prepared By:

Mike Garcia
- Required when Monitoring is installed into a UPS.
- In conjunction with UPS Start-Up.
- Same conditions as UPS Start-Up apply.
- Required for Standard Warranty.
- 8AM to 5PM; M-F.

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229

ESTIMATE FOR REPAIRS
Date Quote #
4/12/2024 79895
License 793476
6 UPSSTARTUP4400 1 $1,755.00 $1,755.00
4400 Series Startup- On Site
Serial #
STARTUP 4400 UPS SYSTEMS 15-100KVA
- Two week advance notice required for start up (expediting fee applied when less than two weeks advance notice)
- All services are to be performed during Normal Business Hours (Mon – Fri, 8am – 5pm)
- Start-up does not include any rigging or installation as typically performed by a qualified electrical contractor - Battery Cabinet Start up has to be performed in
conjunction/concurrent with UPS Start up.
- Contiguous U.S. 48 United States only
- Prices valid for sites within 100 miles of a major metropolitan area - Standby time can be billed at published UPS field service rates - Load Banking services must be coordinated with factory 6 weeks in advance - If additional specific training is required for startup, additional charges will apply NOTE: Required for 3 Year Warranty and Extended Warranty Packages
Total **Sales Tax and Alternate/Optional Items Not Included **

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230

ESTIMATE FOR REPAIRS
Date Quote #
4/12/2024 79895
License 793476
Toshiba Terms & Conditions of Sale Apply $41,992.78
Date of Acceptance:

Customer Name:

Customer Signature:

Sales Rep: SOKHOUR NGAU
SERVICE COORDINATORTitle:

Purchase Order:

Page 7 of 10 ends

231
Odyssey Power Equipment Terms and Conditions
Odyssey Power Corporation is herein referred to as "Seller". The person or entity purchasing goods ("Goods") and/or licensing software or firmware, which is preloaded or to be loaded into Goods ("Software"), is herein referred to as "Buyer."

1. ORDER ACCEPTANCE: No order issued by Buyer to Seller shall be binding on Seller unless Seller manifests its acceptance of such order either in writing or by commencement of performance hereunder. Seller reserves the right, at its sole discretion, to refuse orders. Seller's acceptance of Buyer's order shall constitute a binding agreement between Buyer and Seller and is expressly conditioned on Buyer consent to the terms and conditions set forth herein as being the complete and exclusive statement of terms governing the sale/license of Goods and Software. Changes or additions stated by Buyer in its order or otherwise are specifically rejected by Seller and shall be binding upon Seller only if expressly agreed to in writing signed by Seller. Buyer acceptance of the Goods and/or Software will further manifest Buyer' s consent to Seller Terms and Conditions of Sale.

2. ITEMS PURCHASED: Goods and/or Software purchased and to be provided hereunder, unless otherwise agreed in writing by Seller, will be Seller's standard Goods and/or Software as specified in Seller's quotation or acknowledgment. Goods provided to Buyer may include Software incorporated in or provided separately for use with the Goods. Software title is reserved in Seller and Seller grants Buyer a non-exclusive, royalty free license solely for Buyer's use of the Software with the Goods provided.

3. TOOLING: Tool, die and pattern charges, if any, are in addition to the price of the Goods and are due and payable upon completion of the tooling. All tools, dies and patterns shall be and remain the property of Seller. Charges for tools, dies and patterns do not convey to Buyer, title, ownership interests in, or rights to possession or removal, nor prevent their use by Seller for other purchasers, except as otherwise expressly provided by Seller and Buyer in writing.

4. INSPECTION/TESTING/ACCEPTANCE: Buyer, at its expense, may observe the inspection and testing of the Goods upon agreement with Seller. All inspection and testing shall be in accordance with seller's specifications and standards and shall be conducted at Seller's plant before shipment of the Goods. Any claim of non-conforming Goods must be made promptly before shipment. If Buyer does not inspect the Goods at Seller's plant as provided herein, Buyer shall have ten (10) days from the date of delivery to verify receipt of conforming Goods and Software. Buyer must give written notice to Seller within ten (10) days of delivery of the Goods and Software stating why the Goods and Software are not conforming or such basis for rejection shall be deemed waived and Buyer shall be deemed to have unqualifiedly accepted the Goods.

5. RETURNED GOODS: Except as may be otherwise provided with respect to warranty returns, advance written permission to return rejected Goods must be obtained from Seller. Such Goods must be new, unused, of current manufacture and free of all liens or other claims. Goods must be shipped freight prepaid to Seller. Goods returned without the prior written permission of Seller, will not be accepted by Seller. Seller reserves the right to inspect Goods prior to authorizing their return. Upon receipt of the returned Goods, Seller will issue credit to Buyer in an amount equal to the billing price or current price of the Goods, whichever is lower, from which will be deducted an inspection and repacking charge and the cost of any reconditioning.

6. SHIPMENT/DELIVERY: Buyer acknowledges that Seller's shipping dates are estimates and are subject to change by Seller upon written notice to Buyer. Unless otherwise agreed to in writing by Seller, delivery terms shall be F.O.B. Seller's shipping point. Seller reserves the right to make partial shipments. Risk of loss or damage and responsibility to insure shall pass from Seller to Buyer upon delivery to a carrier for shipment to Buyer. Any claims for shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer directly to the carrier . Shortages and/or damages must be acknowledged and signed for at the time of delivery. If Goods are held by Seller for Buyer at Buyer's request, or due to Buyer's failure to supply shipping instructions, Seller may invoice Buyer for the full purchase price of the Goods and Buyer agrees to make payment. Goods held for Buyer by Seller, for whatever reason, are held at Buyer's risk and Buyer shall reimburse Seller for any insurance, storage or other costs incurred by Seller.

7. PRICES: Unless otherwise agreed in writing by Seller, prices for Goods are F.O.B. Seller's shipping point with no discount. Prices quoted by Seller shall remain in effect for the period stated in Seller's quotation or acknowledgment, or, if none stated, thirty (30) days after the date of same. If Seller does not receive, within such time period, an unconditional authorization from Buyer to ship Goods, Seller shall have the option to change the price for such Goods to that prevailing at the time of shipment. Prices and license fees do not include installation, freight, handling, hoisting, rigging, insurance or storage charges, unless otherwise agreed by Seller in writing. Prices and license fees also do not include taxes or duties imposed on the manufacture, sale, delivery or use of the Goods; such assessments are for Buyer's account and Seller will add such assessments to the price stated absent Seller receipt of Buyer's proper exemption certificate.

8. PAYMENT/SECURITY INTEREST: Payment is due in U.S. currency net thirty (30) days from date of Seller invoice, time being of the essence. Any payment not made when due shall be subject to an interest charge at the maximum rate permitted by Statute. Partial shipments of Goods will be invoiced and are payable as they occur in accordance with these terms. Buyer hereby grants Seller a security interest in the Goods, Software, and products, additions, replacement, proceeds and receivables there from and agrees to execute a financing statement confirming such interest upon Seller request. Seller may preserve its interests in payment by enforcing any applicable mechanic's, construction or similar lien rights, or demanding different terms of payment including, but not limited to, advance cash payment, whenever it appears to Seller that circumstances require such measures. Buyer agrees to take all measures necessary to comply with any new payment terms imposed by Seller. If Buyer fails to comply with payment terms, Seller may elect to terminate this Agreement or suspend performance under this or other agreements with Buyer and : (a) with or without legal process and using such force as may be lawful and necessary, enter into or upon the premises where the Goods are located and take possession of them (b) cancel all warranties herein and (c) pursue any additional remedies provided by law. Buyer shall be liable to Seller for all expenses, including reasonable attorney's fees, relating to the collection of past due amounts.

Page 8 of 10 ends

232

9. DELAYS: Seller shall not be liable or responsible for cost, expense or damage due to non-performance or a delay in performance where such nonperformance or delay is due to causes beyond its reasonable control, including, but not limited to, natural disasters, acts of government, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, epidemics, or material and transportation shortages. Deliveries of Goods and/or Software or other Seller performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer of the foregoing, but other Buyer and Seller performance hereunder shall otherwise remain unaffected . If Seller determines that its ability to supply the total demand of Goods or to obtain material used in the manufacture of Goods is hindered, limited or made impracticable due to causes set forth in the preceding paragraph, Seller may allocate its available supply of Goods or material among its buyers on such basis as Seller determines to be equitable without liability to Buyer for any failure of performance which may result there from.

10. LIMITED WARRANTY: Seller's standard warranty applicable to the Goods purchased provided to Buyer at the time of purchase of Goods, is the only warranty applicable to the sale of Seller's Goods and its terms, conditions and limitations are incorporated by reference herein. Only a writing signed by a duly authorized officer of Seller may modify seller’s warranty . Buyer assumes all other responsibility for any loss, damage or injury to persons or property arising out of, connected with, or resulting from the installation or use of Goods, either alone or in combination with other goods whether supplied by Seller or otherwise. Buyer acknowledges that any technical advice furnished by Seller with respect to the use of the Goods is given without charge and Seller assumes no obligation or liability to Buyer for the advice given or results obtained; all such advice is given by Seller and accepted by Buyer at Buyer's risk. SELLER'S WARRANTY EXTENDS ONLY TO PURCHASERS WHO BUY FOR INDUSTRIAL OR COMMERCIAL USE.

SELLER'S WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT THE PURPOSE OR USE OF THE GOODS HAS BEEN

DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS, OR OTHERWISE AND WHETHER OR NOT THE GOODS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER'S USE OR PURPOSE. Seller's warranty obligations are conditioned upon timely receipt of all payments in accordance with the payment terms specified herein. During the period any amounts are overdue from Buyer, Seller shall have no obligations under this warranty. The warranty expiration date shall not be extended upon payment of the overdue amount. To the extent that Seller has relied upon any Buyer specifications, information, representations, or other data in the selection or design of Goods for Buyer, or the preparation of Seller's quotation, and conditions arise that are at variance with Buyer's representations, Seller's warranty and other provisions herein which are affected by such conditions shall be null and void.

11. PATENTS AND COPYRIGHTS: Seller warrants that any Goods provided hereunder do not infringe upon any valid U.S. patent or copyright in existence on the date of shipment. Seller will defend at its expense any action brought against Buyer to the extent it is based on a claim the Goods supplied by Seller infringe a valid United States patent or copyright. Seller will pay those costs and damages finally awarded against Buyer in any such claim, but such defense and payments are conditioned upon the following:
(a) Seller shall be notified promptly in writing by Buyer of any notice of such claim ; and (b) Seller shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; and (c) should the Goods or the operation thereof become or, in Seller's opinion be likely to become, the subject of a claim of infringement of a valid United States patent or copyright, Buyer shall permit Seller, at Seller's option and expense to: (i) procure for Buyer the right to continue using the Goods, (ii) replace or modify the Goods so they become non-infringing, or (iii) grant Buyer a credit for such Goods, as depreciated, and accept return of same. Depreciation shall be calculated by Seller as an equal amount per year over the life of the Goods. (iv) cancel future deliveries of Goods without liability to Buyer. Seller shall have no liability to Buyer with respect to any claim of patent and/or copyright infringement based upon: (a) Combination or utilization of Goods or Software furnished under this Agreement with equipment , devices, or Software not manufactured by Seller; or (b) the modification by Buyer of Goods or Software furnished under this Agreement; or (c) Seller compliance with Buyer's design specifications. The foregoing states the entire liability of Seller with respect to infringement of patents or copyrights.

12. LIMITATION OF LIABILITY/CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR (A) DAMAGES IN

EXCESS OF THE PURCHASE PRICE PAID FOR THE GOODS OR (B) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR ECONOMIC

CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, PROFIT, OR REVENUE,

OR LOSS OR DAMAGE TO PROPERTY OR EQUIPMENT, OR OTHER ECONOMIC LOSS INCURRED BY BUYER AS A RESULT OF SELLER'S

PERFORMANCE OR CANCELLATION OF THIS AGREEMENT, WHETHER ANY CLAIM IS BASED UPON THEORIES OF INFRINGEMENT,

WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SELLER HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. LIMITATION OF REMEDY: SECTION 10 (WARRANTY), SECTION 11 (PATENTS AND COPYRIGHTS) AND SECTION 12 (LIMITATION OF LIABILITY/CONSEQUENTIAL DAMAGES) PROVIDE BUYER'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTIES.

14. CHANGES: Seller reserves the right to make any changes in the model and design of its Goods and/or Software without obligation to similarly alter Goods and/or Software previously sold. Buyer may, in writing, within the scope of the accepted order, request changes in the established specifications or delivery schedules. If Seller agrees to such changes and these changes alter the amount due under the purchase order or the time required for performance hereunder, the price of Goods ordered, any license fees and/or the time for performance shall be equitably adjusted.

15. CANCELLATION: This Agreement or any part of it is subject to cancellation by Seller if the conditions specified herein are not met by Buyer or if Buyer becomes insolvent or bankrupt. In the event of cancellation for this reason Seller is under no obligation to pay Buyer for any expenses, costs, claims, or liabilities incurred and Seller may retain any portion of the purchase price pre-paid by Buyer as liquidated damages. Seller retains all rights to any other legal remedies it may have against Buyer. Buyer may cancel orders herein only upon reasonable advance written notice to Seller and upon payment to Seller of Seller's cancellation charges, which include all costs and expenses incurred by Seller in the course of performance herein and amounts adequate to cover any commitments made by Seller and Seller's anticipated profit on the sale of the Goods.

Page 9 of 10 ends

233

16. DRAWINGS/DOCUMENTATION: Seller's prints or drawings (and the technology depicted) which are furnished to Buyer in connection with this Agreement are the property of Seller and Seller retains all patent, copyright and other rights, including, without limitation, exclusive rights of use, license, or sale. Buyer's possession of such prints or drawings does not grant Buyer any rights or license, express or implied therein and Buyer shall, upon Seller request, return immediately all copies of such prints or drawings to Seller.

17. EXPORT: Each party hereby agrees to comply with all export laws and restrictions and regulations of the Department of Commerce or other United States or foreign agency or authority and not to export or allow the export or re-export of any Goods to be supplied hereunder in violation of any such restrictions, laws or regulations, or without all required licenses and authorizations. Buyer acknowledges that Seller's quote on Goods ordered hereunder is subject to Buyer obtaining any required license or authorization at time of shipment and Buyer agrees that Seller shall incur no liability to Buyer if such license or authorization is unavailable.

18. NUCLEAR/MEDICAL AND DENTAL: GOODS SOLD HEREUNDER ARE NOT FOR USE IN ANY NUCLEAR AND RELATED APPLICATIONS.

GOODS SOLD HEREUNDER ARE ALSO NOT FOR USE IN ANY LIFE SUPPORT, PATIENT-CONNECTED, OR APPLIED MEDICAL AND DENTAL APPLICATIONS. Buyer accepts Goods with the foregoing understanding, agrees to communicate the same in writing to any subsequent purchasers or user and to defend, indemnify, and hold harmless Seller from any claims, losses, suits, judgments and damages, including incidental and consequential damages, arising from such use, whether the cause of action be based in tort, contract or otherwise, including allegations that the Seller's liability is based on negligence or strict liability.

19. APPLICABLE LAW/VENUE: This Agreement shall be governed by and performance construed in accordance with the domestic laws and Uniform Commercial Code as adopted in the State of California, without reference to its choice or conflict of laws principles. The parties agree that the proper venue for all actions arising in connection herewith shall be only in California and the parties agree to submit to such jurisdiction. For non-domestic sales, the parties mutually agree that the rights and obligations of the parties herein shall be determined without reference to the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods, as amended.

20. SEVERABILITY: If any section or part of this Agreement is or becomes illegal, unenforceable or invalid then the aforementioned part or section shall be struck from this Agreement and shall not affect the remaining parts or sections except to the extent necessary to prevent a clearly inequitable result .

21. ASSIGNMENT/DELEGATION: Buyer shall not assign any rights or delegate any duties hereunder without the prior written permission of Seller.

Any assignment or delegation without such permission shall be void.

22. MODIFICATIONS/WAIVER: No proposed conditions, usage of trade, course of dealing or performance, or agreement asserted or purported to modify, change, waive, or supplement this Agreement’s provisions or the Seller's quotes, acknowledgements, or documents referenced herein shall be applicable to this Agreement unless in writing and signed by a duly authorized associate of Seller . No other Seller associate or representative is authorized to alter the terms of this Agreement.

23. FINAL AND COMPLETE AGREEMENT: These terms and conditions, any software licensing agreement and other documents referenced herein, and any Seller quotation or acknowledgment and documents specifically referenced therein, represent the final and complete Agreement between the parties with respect to the sale of Goods and/or license of Software and supersede all prior or contemporaneous oral or written communications, representations, understandings or agreements relating to this subject matter.

Page 10 of 10 ends

234
Agenda Item
City Council
Item #: 3.17. 5/28/2024 File #: 24-0304
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 computer monitors from CPAC, Inc.

2. SUMMARY
This procurement of computer monitors will enable facial recognition as another credential security factor and provide citywide staff capability for web meetings.

3. RECOMMENDED ACTION

1. Approve the purchase of computer monitors from CPAC, Inc. for $209,943.43.

2. Authorize the appropriation of $210,000 from the City Infrastructure Bond (553) unreserved fund balance to:
553.1601.56033.20455 CIP Comp Equip-Multi-Factor Authenticate

4. FISCAL IMPACT
The expense for this purchase is $209,943.43 and will be funded through City Infrastructure Bond (553):
553.1601.56033.20455 CIP Comp Equip-Multi-Factor Authenticate Upon approval of this appropriation, the estimated City Infrastructure Bond fund balance at June 30, 2024 will be $61,150.

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
Cyberattacks have evolved from simple viruses and basic malware to highly sophisticated methods in recent years. Windows Hello is a biometric authentication technology developed by Microsoft that enhances security by allowing users to authenticate using facial recognition eliminating the need for traditional passwords. Several hundred city employees are already using this technology and the purchase of these monitors will enable this technology citywide. This is a counter measure to increase the City’scyber security posture. This purchase also provides citywide ability for staff to use web meeting tools (e.g. Teams, Zoom, etc.) with benefits of improved communication, cost savings City of Orange Printed on 5/23/2024Page 1 of 2
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Item #: 3.17. 5/28/2024 File #: 24-0304
(travel avoidance), enhanced collaboration, and productivity.

Orange Municipal Code Sections 3.08.290.A provides for procurements through cooperative purchasing provisions. CPAC, Inc. provided pricing through cooperative agreement OMNIA Contract R200803.

7. ATTACHMENTS
· CPAC, Inc. quote
City of Orange Printed on 5/23/2024Page 2 of 2
powered by Legistar™
236
Agenda Item
City Council
Item #: 3.17. 5/28/2024 File #: 24-0304
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 computer monitors from CPAC, Inc.

2. SUMMARY
This procurement of computer monitors will enable facial recognition as another credential security factor and provide citywide staff capability for web meetings.

3. RECOMMENDED ACTION

1. Approve the purchase of computer monitors from CPAC, Inc. for $209,943.43.

2. Authorize the appropriation of $210,000 from the City Infrastructure Bond (553) unreserved fund balance to:
553.1601.56033.20455 CIP Comp Equip-Multi-Factor Authenticate

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
Cyberattacks have evolved from simple viruses and basic malware to highly sophisticated methods in recent years. Windows Hello is a biometric authentication technology developed by Microsoft that enhances security by allowing users to authenticate using facial recognition eliminating the need for traditional passwords. Several hundred city employees are already using this technology and the purchase of these monitors will enable this technology citywide. This is a counter measure to increase the City’scyber security posture. This purchase also provides citywide ability for staff to use web meeting tools (e.g. Teams, Zoom, etc.) with benefits of improved communication, cost savings City of Orange Printed on 5/23/2024Page 1 of 2
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237
Item #: 3.17. 5/28/2024 File #: 24-0304
(travel avoidance), enhanced collaboration, and productivity.

Orange Municipal Code Sections 3.08.290.A provides for procurements through cooperative purchasing provisions. CPAC, Inc. provided pricing through cooperative agreement OMNIA Contract R200803.

7. ATTACHMENTS
· CPAC, Inc. quote
City of Orange Printed on 5/23/2024Page 2 of 2
powered by Legistar™
238
Sales Quotation
SQ - 1172703 May-02-2024
1 1 7 2 7 0 3Bill To

CITY OF ORANGE

STEVEN SCARDINA
300 E. CHAPMAN AVENUE
ORANGE CA 92866

UNITED STATES
Phone # (714)744-2283
Ship To

CITY OF ORANGE
WAREHOUSE CORP YARD MIS X2284 8AM-NOON
637 W STRUCK AVE
ORANGE CA 92867

UNITED STATES
Contact

CITY OF ORANGE

VALDEMAR CHAVEZ
300 E. CHAPMAN AVENUE
ORANGE CA 92866

UNITED STATES
Phone # (714)744-2280
Ship Date
24726 NET 30 DAYS
1172703
POSQ
Printed : 5/2/2024 15:44:51

Page 1 of 1 ends

Account Terms Rep

TO BE DETERMINED
Ship Via

MIKE VERBURG
Reference
Due Date
L Description Ordered Price UOM AmountShipped Item Code CITY LCD REFRESH1
OMNIA Contract R200803(All HP Hardware items covered
under contract)
2 23.8" HP E24MV G4 CONF FHD LCD 1920x1080 1080P
60 HZ-IPS
510 $249.00 EA3 0 $126,990.00169L0AA#ABA

23.8IN HP E24D G4 FHD MNTR 349 $183.00 EA4 0 $63,867.006N6E9AA#ABA CA RECYCLING FEE >15 IN TO <35 IN 859 $5.00 EA5 0 $4,295.00CED05 NEW - FACTORY SEALED RETAIL PACKAGE6
*** FREE GROUND FREIGHT ***7
RETURN PRODUCTS: IN MOST CASES, ITEMS THAT

HAVE BEEN RECEIVED BY THE CUSTOMER AND

HAVE HAD THE FACTORY SEAL BROKEN ARE NOT
RETURNABLE TO CPAC. CUSTOMER IS ADVISED

THAT ANY RETURNS ACCEPTED BY CPAC ARE
SUBJECT TO A MINIMUM 20% RESTOCKING FEE
PLUS SHIPPING COST. IN SOME CASES ONCE A

CUSTOMER'S PO HAS BEEN RECEIVED BY CPAC IT

WILL BE NON-CANCELLABLE UNLESS THE

MANUFACTURER AGREES TO ACCEPT THE
CANCELLATION. FOR MORE DETAILS ON CPAC'S

RETURN POLICY, PLEASE CONSULT
WWW.CPACINC.COM, SUPPORT OPTION.
8 9
EMAIL: [email protected]
CHOOSE YOUR OWN PAYMENT OPTION WITH MONTHLY, QUARTERLY, OR YEARLY LEASE PAYMENTS (OAC).

Tax Details
AVALARA $14791.430
EXEMPT $0.000
Payment Details
NOTE: In the event a manufacturer changes the item price prior to shipping, the customer will be notified and can cancel or amend the order. No returns on Special Orders, Altered Items, Software, Custom-Builds, or Refurbished items, or Items noted as Non-Returnable. In most cases, new items with broken factory seal are not returnable. Approved returns subject to a min 20% re-stock fee + freight cost. For return policy details, please contact CPAC. All payments are due as stated on invoice. A late fee of 1.5% per month will be assessed on all past due balances. All cost of collection, including reasonable attorney's fees, shall be paid by buyer.

Name:_________________________________
Title: __________________________________
Signature:_______________________________
Date: _____________________ $209,943.43
$0.00
$0.00
$209,943.43
$4,295.00
$14,791.43
$190,857.00
Balance
Pay Discount
Paid
Total
Non Taxable
Tax
Taxable
239
Agenda Item
City Council
Item #: 3.18. 5/28/2024 File #: 24-0311
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize purchase of park rules signs from Icon Signs/RKSK Group, Inc.

2. SUMMARY
Request for City Council to authorize an increase of $4,100 to an existing purchase order with Icon Signs/RKSK Group, Inc. bringing the total blanket purchase order to $34,100 for additional park rules signs needed as part of the Park Signage Installation Capital Improvement Project.

3. RECOMMENDED ACTION
Approve an increase of $4,100 to an existing purchase order with Icon Signs/RKSK Group, Inc. bringing the total blanket purchase order to $34,100.

4. FISCAL IMPACT
The total expenditure for this blanket purchase order is $34,100 and will be funded through Park Acquisition (Infill):
510.7021.56020.20437 Park Signage Installation

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

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

6. DISCUSSION AND BACKGROUND
As part of the City Council approved Park Signage Installation Capital Improvement Project (20437), staff is currently working to complete the portion of the regulatory sign installation which is comprised of installing park and trail rules signs at all park and various trail locations.

Since this portion of the project began, additional signage was requested that was originally not budgeted in the project. These include a request to install several additional signs in Spanish, signage needed for the new Olive Park auxiliary parking lot, and additional signs needed at the west side bike trail entrance to Hart Park for safety reasons.

Given these factors, the Department will spend approximately $4,100 more with Icon to complete this portion of the project. The City currently has an existing PO with Icon Signs/RKSK Group, Inc. to City of Orange Printed on 5/23/2024Page 1 of 2
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Item #: 3.18. 5/28/2024 File #: 24-0311
portion of the project. The City currently has an existing PO with Icon Signs/RKSK Group, Inc. to fabricate and install the signage. As a result, staff is requesting the City Council authorize an increase of $4,100 to the existing purchase order with Icon, bringing the total blanket purchase order to $34,100. Funds are currently available in the project budget through the Park Acquisition (Infill) (510).

7. ATTACHMENTS
· None
City of Orange Printed on 5/23/2024Page 2 of 2
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241
Agenda Item
City Council
Item #: 3.18. 5/28/2024 File #: 24-0311
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize purchase of park rules signs from Icon Signs/RKSK Group Inc.

2. SUMMARY
Request for City Council to authorize an increase of $4,100 to an existing purchase order with Icon Signs/RKSK Group Inc. bringing the total blanket purchase order to $34,100 for additional park rules signs needed as part of the Park Signage Installation Capital Improvement Project.

3. RECOMMENDED ACTION
Approve an increase of $4,100 to an existing purchase order with Icon Signs/RKSK Group Inc. bringing the total blanket purchase order to $34,100.

4. FISCAL IMPACT
The total expenditure for this blanket purchase order is $34,100 and will be funded through Park Acquisition (Infill):
510.7021.56020.20437 Park Signage Installation

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

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

Given these factors, the Department will spend approximately $4,100 more with Icon to complete this portion of the project. The City currently has an existing PO with Icon Signs/RKSK Group Inc to City of Orange Printed on 5/23/2024Page 1 of 2
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242
Item #: 3.18. 5/28/2024 File #: 24-0311
portion of the project. The City currently has an existing PO with Icon Signs/RKSK Group Inc to fabricate and install the signage. As a result, staff is requesting the City Council authorize an increase of $4,100 to the existing purchase order with Icon, bringing the total blanket purchase order to $34,100. Funds are currently available in the project budget through the Park Acquisition (Infill) (510).

7. ATTACHMENTS
· None
City of Orange Printed on 5/23/2024Page 2 of 2
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243
Agenda Item
City Council
Item #: 3.19. 5/28/2024 File #: 24-0318
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize increase of purchase order for medical supplies from Life-Assist, Inc. in the amount of $35,000 funded through the EMT Transport fund.

2. SUMMARY
The rise in emergency medical service calls and escalating costs for goods and services have led to a required $35,000 increase to meet medical supply obligations for Fiscal Year 2023-2024.

3. RECOMMENDED ACTION
Authorize the increase of $35,000 from the EMT Transport fund to the Life Life-Assist, Inc. purchase order for medical supplies

4. FISCAL IMPACT
The expense for the Life-Assist, Inc. purchase order increase is $35,000 and will be funded through EMT Transport fund (125):
125.3015.51670.00000 Other Professional & Consulting Services

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

6. DISCUSSION AND BACKGROUND
Life-Assist, Inc. provides medical supplies for the Fire Department. The original purchase order created for Life-Assist, Inc. for Fiscal Year 2023-2024 (FY24) was $286,000. Due to an increase in call volume, along with increased costs for goods and services, the expenditures have exceeded this amount and an increase is necessary to fulfill our obligations for FY24.

7. ATTACHMENTS
· None
City of Orange Printed on 5/23/2024Page 1 of 1
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244
Agenda Item
City Council
Item #: 3.19. 5/28/2024 File #: 24-0318
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize increase of purchase order for medical supplies from Life-Assist, Inc. in the amount of $35,000 funded through the EMT Transport fund.

3. RECOMMENDED ACTION
Authorize the increase of $35,000 from the EMT Transport fund to the Life Life-Assist, Inc. purchase order for medical supplies

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

7. ATTACHMENTS
· None
City of Orange Printed on 5/23/2024Page 1 of 1
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245
Agenda Item
City Council
Item #: 3.20. 5/28/2024 File #: 24-0321
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 advanced email threat protection annual subscription from 1903 Solutions.

2. SUMMARY
The Information Technology department is looking to enhance email security by implementing an artificial intelligence (AI) based email threat protection system called Harmony Email & Collaboration developed by Check Point Software.

3. RECOMMENDED ACTION
Approve the purchase of advanced email threat protection annual subscription from 1903 Solutions for $31,720.00.

4. FISCAL IMPACT
The expense for this annual subscription is $31,720.00 and will be funded through:
780.1601.53915.00000 IT Maintenance Annual Software License & Maintenance

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 IT department has been using the email protection provided with its Microsoft 365 E3 licensing (Microsoft Defender) since transitioning email from on premises to the cloud. Unfortunately, at the E3 licensing level the tools are limited in capability and take a couple hours of staff time daily to analyze false positives (mail flagged as bad but is good) as well as false negatives (mail that is delivered but is bad). The IT department has examined the marketplace for a more viable solution and has evaluated three top solutions.

Product Cost Notes
Microsoft E5 licensing $137,460 Annual cost w/3 year commit Darktrace /EMAIL $41,724 Annual cost w/3 year commit
Check Point Harmony $31,720 Annual cost w/1 year commit City of Orange Printed on 5/23/2024Page 1 of 2
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Item #: 3.20. 5/28/2024 File #: 24-0321
All three products were evaluated during a proof of concept (tested in our environment with a small subsection of users/mailboxes) over a period of several weeks each. While both Microsoft and Darktrace had very powerful solutions, they are both built for larger IT departments that have a dedicated security team to manage the tools in order to maximize the value. The Check Point Harmony product was extremely effective and easy for our existing team to manage. One additional benefit of using the Check Point Harmony solution is its ability to provide Domain-based Message Authentication, Reporting and Conformance (DMARC) certification. This will become very important as the two largest email providers (Google and Yahoo) will no longer deliver email unless it is DMARC certified by February 2025.

The IT department recommends that we procure the Check Point Harmony Email & Collaboration through 1903 Solutions for $31,720.00. This solution will both increase our email security posture as well as save staff time on a daily basis.

7. ATTACHMENTS
· 1903 Solutions quote
City of Orange Printed on 5/23/2024Page 2 of 2
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247
Agenda Item
City Council
Item #: 3.20. 5/28/2024 File #: 24-0321
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 advanced email threat protection annual subscription from 1903 Solutions.

3. RECOMMENDED ACTION
Approve the purchase of advanced email threat protection annual subscription from 1903 Solutions for $31,720.00.

4. FISCAL IMPACT
The expense for this annual subscription is $31,720.00 and will be funded through:
780.1601.53915.00000 IT Maintenance Annual Software License & Maintenance

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

Product Cost Notes
Microsoft E5 licensing $137,460 Annual cost w/3 year commit Darktrace /EMAIL $41,724 Annual cost w/3 year commit
Check Point Harmony $31,720 Annual cost w/1 year commit City of Orange Printed on 5/23/2024Page 1 of 2
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248
Item #: 3.20. 5/28/2024 File #: 24-0321
All three products were evaluated during a proof of concept (tested in our environment with a small subsection of users/mailboxes) over a period of several weeks each. While both Microsoft and Darktrace had very powerful solutions, they are both built for larger IT departments that have a dedicated security team to manage the tools in order to maximize the value. The Check Point Harmony product was extremely effective and easy for our existing team to manage. One additional benefit of using the Check Point Harmony solution is its ability to provide Domain-based Message Authentication, Reporting and Conformance (DMARC) certification. This will become very important as the two largest email providers (Google and Yahoo) will no longer deliver email unless it is DMARC certified by February 2025.

7. ATTACHMENTS
· 1903 Solutions quote
City of Orange Printed on 5/23/2024Page 2 of 2
powered by Legistar™
249
# Qty Mfg Description Unit Cost Extended Cost

CheckPoint Harmony Advanced Anti-Phishing
O365 and Google with DMARC-1 Year
1 950 CheckPoint
Advanced Anti-Phishing, including URL
inspection and file sandboxing and sanitization
(CDR), for incoming and internal Office 365 and
Google Suite emails for 1 year
$31.20 $29,640.00
2 1 CheckPoint Enterprise SW Subscription and Premium $2,080.00 $2,080.00 3 1 CheckPoint DMARC

SubTotal 31,720.00$
Estimated Taxes NA
Estimated Shipping TBD
TOTAL 31,720.00$
q
q
____________________________
____________________________
Authorized Signature: ____________________________________________ Title:

Print Name: ____________________________________________ Date:

Purchase Order #: ____________________________________________ SHIP TO:

ACCOUNTS PAYABLE

CITY OF ORANGE
300 E. CHAPMAN AVE.

ORANGE, CA 92866
If your company does not issue Purchase Orders, please provide a Purchase Order number below and a signature.

I am authorised by the "Bill to" party to purchase the item(s) listed above.

The "Bill to" party agrees to pay the invoice in accordance with terms of Net 30.

April 10, 2024
QUOTE #:

COO04240410AVA1
BILL TO / SOLD TO:

Order Confirmation: By checking the boxes below I understand that by signing this purchase order confirmation I agree to the following:

This offer to sell the listed product(s) is subject to product availability and subject to change in the event the product manufacture raises the price. Amounts quoted require applicable sales tax (tax rate is based on ship-to location).

All sales are final. Credit application required for payment terms. Shipping F.O.B. Origin.

ORANGE, CA 92866
300 E. CHAPMAN AVE.

CITY OF ORANGE

STEVEN SCARDINA
1903 Solutions LLC, 2549 Eastbluff Drive, Ste 378, Newport Beach, CA 92660 Phone: 619-206-7127 Fax: 734-661-3321 Prepared by: Jim Patton Phone: 619-916-6167 Email: [email protected] 250
Agenda Item
City Council
Item #: 3.21. 5/28/2024 File #: 24-0322
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize purchase of irrigation supplies from SiteOne Landscape Supply.

2. SUMMARY
Request for City Council to authorize an increase of $5,000 to an existing purchase order with SiteOne Landscape Supply, bringing the total purchase order amount for Fiscal Year 2023-24 to $35,000 for commercial irrigation supplies, trees, and industry specific tools for the Community Services Department.

3. RECOMMENDED ACTION
Approve an increase of $5,000 to an existing blanket purchase order from SiteOne Landscape Supply for a total of $35,000.

4. FISCAL IMPACT
The total expenditure for this blanket purchase order is $35,000 and will be funded through General Fund (100):
100.7022.53642.00000 Irrigation Supplies $35,000

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

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

6. DISCUSSION AND BACKGROUND
The Community Services Department utilizes SiteOne Landscape Supply (SiteOne), an Orange based business, for commercial irrigation and landscape supplies to complete in-house landscape projects and repairs. These projects are in addition to the park maintenance contracts for general landscape maintenance. Over the last several years, SiteOne has acquired other local companies that have been patronized by the Department in the past such as Hydroscape, an irrigation supply store, and Village Nursery. As such, SiteOne has expanded its products to include commercial irrigation supplies, trees, industry specific tools, seed, fencing, and other landscape supplies. Parks staff utilize SiteOne as a one-stop shop for these supplies to increase efficiency while supporting a City of Orange Printed on 5/23/2024Page 1 of 2
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local business.

The Parks Division currently has a $30,000 blanket purchase order with SiteOne which will soon be expended. Staff anticipates that required expenditures will exceed the current purchase order amount due to three factors:

1. Cost of goods continues to increase with time,

2. SiteOne expanded its product selection to include items that are unavailable at other local retailers,

3. Increase in repairs in the parks due to aging infrastructure and increased vandalism.

Given these factors, staff estimates the Department will spend approximately $5,000 more at SiteOne during this fiscal year and is requesting that the City Council authorize an increase of $5,000 more to an existing blanket purchase order bringing the total amount to $35,000 with SiteOne Landscape Supply to allow the Department’sto continue purchasing necessary materials for making repairs in the field. Funds are currently available in the Community Services Department budget.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.21. 5/28/2024 File #: 24-0322
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize purchase of irrigation supplies from SiteOne Landscape Supply.

3. RECOMMENDED ACTION
Approve an increase of $5,000 to an existing blanket purchase order from SiteOne Landscape Supply for a total of $35,000.

4. FISCAL IMPACT
The total expenditure for this blanket purchase order is $35,000 and will be funded through General Fund (100):
100.7022.53642.00000 Irrigation Supplies $35,000

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

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

6. DISCUSSION AND BACKGROUND
The Community Services Department utilizes SiteOne Landscape Supply (SiteOne), an Orange based business, for commercial irrigation and landscape supplies to complete in-house landscape projects and repairs. These projects are in addition to the park maintenance contracts for general landscape maintenance. Over the last several years, SiteOne has acquired other local companies that have been patronized by the Department in the past such as Hydroscape, an irrigation supply store, and Village Nursery. As such, SiteOne has expanded its products to include commercial irrigation supplies, trees, industry specific tools, seed, fencing, and other landscape supplies. Parks staff utilize SiteOne as a one-stop shop for these supplies to increase efficiency while supporting a City of Orange Printed on 5/23/2024Page 1 of 2
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local business.

1. Cost of goods continues to increase with time,

2. SiteOne expanded its product selection to include items that are unavailable at other local retailers,

3. Increase in repairs in the parks due to aging infrastructure and increased vandalism.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 7.1. 5/28/2024 File #: 24-0217
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 a proposal to redevelop a former utility property with 48 two-and three- story single-family small lot homes at 901 E. Katella Avenue, and adoption of Mitigated Negative Declaration No. 1882-22 and associated Mitigation Monitoring and Reporting Program. (General Plan Amendment No. 0004-22, Zone Change No. 1307-22, Tentative Tract Map No. 0051- 22, Major Site Plan Review No. 1111-22, Design Review No. 5092-22, Administrative Adjustment No. 0293-23, and Mitigated Negative Declaration No. 1882-22).

2. SUMMARY
Intracorp Homes proposes to redevelop an existing 2.71-acre commercial site with 48 two-and three- story single-family small lot homes, open space recreation areas, guest parking, and related site improvements. To allow for residential development at this location, the proposal includes a request to amend the General Plan land use designation from General Commercial (Max. 1.0 FAR) (GC) to Medium Density Residential (15-24 dwelling units per acre) (MDR) and a request to amend the zoning from Commercial Professional (C-P) to Residential Multiple Family (R-3). A Tentative Tract Map is proposed for the small lot subdivision including establishment of private and common use areas. The applicant is also requesting an Administrative Adjustment to reduce the required 30-foot- wide entry drive widths off Cambridge Street and Katella Avenue between 2 feet-5 inches and 3 feet.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11553. A Resolution of the City Council of the City of Orange adopting Mitigated Negative Declaration No. 1882-22 and associated Mitigation Monitoring and Reporting Program, and approving General Plan Amendment No. 0004-22, Tentative Tract Map No. 0051- 22, Major Site Plan No. 1111-22, Design Review No. 5092-22, and Administrative Adjustment No. 0293-23 for the redevelopment of a vacant AT&T facility with 48, two-and three-story single-family small lot homes, open space recreation areas, guest parking, and related site improvements on a

2.71-acre site located at 901 E. Katella Avenue.

4. FISCAL IMPACT
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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
Existing Site
The 2.7-acre site is located at the northeast corner of Cambridge Street and Katella Avenue. The site is currently developed with a vacant two-story AT&T facility, a wireless communication facility and equipment enclosure, surface parking lot, and mature landscaping. There are two gated driveway access points off Cambridge Street and Katella Avenue.

The site is surrounded by single-story single-family residences along Carleton Avenue to the north, Katella Avenue, retail and commercial office buildings to the south, two-story retail and commercial office buildings to the east, and Cambridge Street, a gas station, and two-story apartments to the west. More detailed information about surrounding zoning is provided in Attachment 16.

Proposed Project
The proposed project would redevelop the site with 48 two-and three-story single-family small lot homes (17 paired and 14 detached), open space recreation areas, guest parking, and related site improvements. The existing wireless communication facility would be removed as part of the site redevelopment. The project includes small lots ranging from 1,461 to 2,488 square feet. Residential units are configured around a looped private interior roadway. There are 15 residences with primary entries oriented towards the street frontages along Cambridge Street and Katella Avenue, 21 units located at the center of the site with primary entries off an interior landscaped paseo, and 12 units along the northern boundary with primary entries off the interior roadway. Each unit is provided with an attached two car garage. The four-bedroom units are provided with one additional unenclosed parking space on the same lot. In addition, 24 open guest spaces are provided, for a total of 128 parking spaces provided for the project.

The architectural design of the residential units is contemporary and intended to respond to the eclectic visual character of the area. There are three plan types, all with coordinating architectural styles. The majority of units are three stories, with roof decks and/or ground floor courtyards or decks, while the units along the northern boundary are two stories with a first-floor setback of 10 feet and second-floor setback between 12 and 15 feet from the north property line, abutting the one-story single-family residences to the north. Window placement on the north facing second story elevations of these units will be clerestory to maintain privacy for the adjacent neighbors to the north. A breakdown of the unit plan types, floor areas, and stories is provided in Attachment 6.

The project provides common open space, including two pocket parks, a pet relief area, and landscaped paseo in the interior residential island. Entry portals and a signage wall at the southwest corner provide project identification at the intersection of Cambridge Street and Katella Avenue. The project also provides private open space in the form of roof decks or ground floor decks for all three- story units, and 10-foot rear yards for units along the northern boundary. Detailed information about site features and amenities is provided in Attachment 16 to this staff report.

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Site access is provided by two-way entrance driveways along Cambridge Street and Katella Avenue.

The Site Distance Analysis prepared for the MND (Attachment 8, Appendix L) analyzed inbound left turns to the project from Cambridge Street and determined that sight lines for turning movements could be obstructed by vehicles queued in the southbound left-turn lane and/or southbound through lane at the intersection of Cambridge Street and Katella Avenue. As a result, a traffic mitigation measure (MM Trans-1) is included in the MND (Attachment 7) that requires the applicant to install striping modifications or signage to prohibit southbound left turn movement from Cambridge Street into the project.

Landscaped setbacks are provided at the interfaces with Cambridge Street and Katella Avenue.

Landscaping is also provided along the private interior roadway and in landscape pockets between units. A dense row of shrubs and trees is proposed along the entire north property line wall and at the northeast corner of the site to provide additional privacy screening for the single-story residences to the north. The landscape palette is a mix of water efficient groundcover, shrubs, and trees that will complement the contemporary architectural style.

Detailed information regarding the architecture and landscaping are provided in the Planning Commission Staff Report (Attachment 16).

General Plan Amendment and Zone Change
To allow residential development at this location, the applicant is requesting approval of a General Plan Amendment (GPA) to change the General Plan Land Use Element designation from General Commercial (Max. 1.0 FAR) (GC) to Medium Density Residential (15-24 dwelling units per acre) (MDR), and a Zone Change (ZC) from Commercial Professional (C-P) to Residential Multiple Family (R-3) to accommodate a small lot subdivision in accordance with the city’sSmall Lot Subdivision Ordinance (OMC Section 17.14.270). The project proposes a density of 17.7 dwelling units per acre which is within the range allowed under the MDR General Plan land use designation and the R-3 zoning.

The proposed GPA and ZC are necessary to allow for residential development on this site. The MDR General Plan designation and R-3 zoning are consistent with the General Plan and zoning designations to the west across Cambridge Street and along Katella Avenue between Glassell Street and Cambridge Street. The land uses allowed under the MDR land use designation and R-3 zoning are compatible with the abutting residential land use that would remain to the north, and commercial land uses that would remain to the east, south, and west, which accommodates a mix of retail and service commercial uses and professional offices. The land use changes also enable the implementation of the Small Lot Subdivision Development Standards, which allows for alternative in- fill housing typologies within multiple-family residential zones. These development standards allow for the development of smaller residential lots on infill development sites which ultimately provides alternative options for single-family home ownership in the City.

The proposed small lot development is also consistent with the intent of the MDR land use designation and R-3 zoning, in that the project provides private and common open space with amenities, a pedestrian-friendly integration along both street frontages, is adjacent to public transportation, and is in close proximity to commercial, retail, medical and professional offices, and recreational uses.

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The subject development proposal repositions the proejct site from commercial to residential General Plan and zoning designations, and represents a continuation of the adjacent multifamily land use designations and development to the west on Cambridge Street and Katella Avenue, between Glassell Street and Cambridge Street. These long-established multifamily developments have a MDR General Plan designation and are zoned R-3. Additionally, senior apartments are under construction a short distance to the east of the site at 1249 E. Katella Avenue. While the length of the E. Katella Avenue corridor has a predominately commercial and light industrial character, the segment between Tustin Street and Glassell Street consists of a mix of commercial and residential development. The presence of residential uses along this portion of Katella Avenue is logical given the neighborhood- serving goods and services in the area, proximity to elementary and middle schools, the Taft Library, and its interface with single-family residential neighborhoods.

In addition, the project site is located within the Katella Avenue Corridor General Plan Focus Area where future land use change is contemplated. The Katella Avenue Corridor Focus Area consists of properties generally located on Katella Avenue between the Santa Ana River on the west and California Street on the east. The land use plan features both GC and MDR land use designations between Glassell Street and California Street. The proposed land use change for the project and implementation of the Small Lot Subdivision Development Standards will provide additional housing options that contribute to the Medium Density Residential development in the Katella Avenue Corridor Focus Area between Glassell Street and California Street.

Tentative Tract Map
The applicant is requesting approval of a Tentative Tract Map to establish small lots, with common and private space areas on the site. Common areas include the private interior roadway and guest parking, pocket parks, and common landscape areas. Private space areas are provided in rear yards, and on roof and ground level decks. The Tentative Tract Map has been reviewed and found in compliance with the Subdivision Map Act and Orange Municipal Code (OMC) Title 16, Subdivisions.

Administrative Adjustment
The applicant is requesting an Administrative Adjustment to allow for a 2-foot, 5 inches to 3-foot reduction (10%) to the required 30-foot wide entry drive width off of arterial highways for both the Cambridge Street and Katella Avenue entries. The Planning Division, together with the Public Works Department, Subdivision and Traffic Divisions reviewed the request and found the reduced driveway widths adequate for the proposed development and determined that the reduction will not be detrimental to public safety or the general welfare of persons on or in the vicinity of the property.

Granting the administrative adjustment does not compromise the intent of the OMC because the requested reduction continues to accommodate a functional and efficient site plan and on-site circulation.

Environmental Review
Initial Study/Mitigated Negative Declaration (MND) No. 1882-22 (State Clearinghouse No. 2023110185) was prepared to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with local CEQA guidelines. The analysis contained in the MND determined that the project will have less than significant impacts to the environment with the implementation of Project Design Features relating to Air Quality and Noise, and Mitigation City of Orange Printed on 5/23/2024Page 4 of 8
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the implementation of Project Design Features relating to Air Quality and Noise, and Mitigation Measures related to Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Transportation/Traffic, and Tribal Cultural Resources. In addition, a Mitigation Monitoring and Reporting Program has been prepared and is included in the final MND that summarizes the Project Design Features, Mitigation Measures, and the responsible party for the implementation and monitoring (Attachment 7).

The MND was circulated for public review for a 30-day period between November 9, 2023 and December 11, 2023. A Notice of Intent (NOI) to Adopt the MND was filed with the Orange County Clerk Recorder, posted at the site, mailed to property owners and tenants within a 400-foot radius of the project site, potentially affected cities, public agencies, utility service providers, and published in the Anaheim Bulletin Newspaper on November 9, 2023. The MND was made publicly available at the Community Development Department, City Clerk’s office, and the City’s website.

Public comments on the MND were received from the California Department of Transportation (Caltrans) and 37 neighboring community members. Caltrans comments were in regards to an analysis that would assist in accommodating the Regional Housing Needs Assessment allocation, transportation system equity, multi-modal transportation and improving connections to housing, safety features for multi-modal transportation, Complete Streets, bicycle infrastructure, safety during construction, signage to transit locations, automated parcel systems for deliveries, lane size and freight deliveries, and potential traffic impacts to freeway facilities. General comments from the neighboring community were related to traffic, parking, privacy, light, and shade and shadow.

Responses to comments were prepared and forwarded to the respective authors in accordance with the requirements of CEQA, and in advance of the City’sconsideration of any determination. Copies of the comment letters and responses to comments to address feedback relevant to environmental impacts received during the public review period were incorporated into the final MND (Attachment 7).

Committee and Commission Review
Design Review Committee
On December 6, 2023, the Design Review Committee (DRC) reviewed the project, provided comments, and voted 5-0-2 to continue the project to the February 7, 2024 DRC meeting in order for the applicant to address the Committee’s comments and concerns (Attachments 9 and 10).

On February 7, 2024, the DRC voted 5-0-2 to continue the project once again to allow the applicant additional time to work with staff and provide the requested information and revisions on the plans (Attachments 11 and 12).

On February 21, 2024, the DRC considered the revised plans and recommended denial of the project by a 5-2 vote. The Committee concluded that the required findings could not be made based on the following:

1. The project does not meet the goal to ensure the small lot subdivision fits into the existing neighborhood context;

2. The project does not comply with the requirement that buildings should respect adjacent buildings by responding to their scale and massing, and follow the established size, shape, and form of surrounding neighborhoods;
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3. Landscaping should be used to soften walls and fences;

4. There should be sufficient architectural variety within the overall design The DRC staff report and minutes are provided in Attachments 13 and 14 to this report.

Planning Commission
On March 18, 2024, the Planning Commission conducted a public hearing for the project. There were 24 public speakers, 38 written comments, and two telephone calls received by staff for a total of 64 public comments received. All but six public comments (58) were in opposition to the project. Written public comments from the March 18, 2024 meeting are included as Attachment 18.

The Planning Commission and neighboring community reiterated many of the same concerns voiced at the DRC meetings and provided additional comments. Project comments focused on the project’s failure to meet several requirements within the Small Lot Subdivision Guidelines, privacy of residences on Carleton Avenue along the north property line, lack of on-site parking and potential overflow onto neighboring streets, trash management, placement of the drive aisle along the north property line to provide an additional buffer for the Carleton Avenue neighbors, lack of safe pedestrian access to common open space amenities, existing dangerous blind curve on Cambridge Street exacerbated by the project, increased traffic and congestion at the Cambridge Street and Katella Avenue intersection, traffic analysis does not consider the geometry of the area, request for a study regarding left turn movement out of project onto Cambridge Street, setting a precedence for future small lot development, and the desire to maintain existing commercial land use designations.

See Attachments 13 and 16 for more extensive DRC and neighborhood comments.

The Planning Commission ultimately recommended denial of the project to the City Council by a 4-2 vote. The Commission’s reasons for the denial were as follows:

1. The project does not adequately address the Small Lot Subdivision Guidelines:
a. The design and layout does not consider parking and vehicle access, access to air and light, outdoor space and privacy, or the relationship with surrounding existing developments in an established neighborhood and public areas, such as streets and sidewalks.
b. The project requires approval by the DRC and Planning Commission. c. The project does not maximize the number of on-street parking spaces and does not promote continuity of the sidewalks. Residents of the 12 units along the northern boundary and 15 units along Cambridge Street and Katella Avenue have to walk in the street in order to access the pocket park along the north property line, which causes a public safety concern with the confliction of vehicular circulation and pedestrian circulation in the street. d. Sidewalks in the vehicular zone do not have a different pavement pattern or material.

2. There are issues with the trash management plan.

3. There is a lack of ADA access to the pocket park along the north property line.

4. There was a lack of assessment of the worse case scenerio between 12:00 and 1:30 p.m. in the shade and shadow analysis.

5. Policing cannot be accomplished for amenities placed on of the roof top decks.

6. Ingress and egress from the project along Cambridge Street is problematic.

7. The project will create a precedent.

8. The project is not integral in meeting the City’sRHNA numbers and does not warrant changes City of Orange Printed on 5/23/2024Page 6 of 8
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to the General Plan and zoning designations.

9. The project is too intense for the site.

10. The DRC could not make the findings that the project meets all of the requirements of the Orange Municipal Code, in particular, the Small Lot Subdivision Guildines.

Project Changes Subsequent to the Planning Commission Meeting:

The applicant has considered the feedback from the Planning Commission meeting and implemented the following changes to the project:

1. The project unit count was reduced by one unit (from 49 to 48). Previous Lot 24 was removed on the south side of the central island.

2. The fourth bedroom was eliminated on 10 units (from 18 to eight). The modified unit mix is presented in Attachment 6.

3. Lots with four-bedroom units were reconfigured to accommodate a third unenclosed parking space on each lot.

4. Roof decks (private open space) were eliminated on Units 13-23 and replaced with ground level decks at the entrances to the units within the central paseo area. The first floors of these units were reconfigured by reducing the floor area and creating a flex space with direct access to the decks.

5. The loft/office in the Plan 2 Floor Plan was modified with a 7 foot-5 inch wide opening.

6. Brown horizontal siding was added to the north-facing second-story elevations of Units 1-12.

7. The site reconfiguration created additional landscape area, including a dog relief area with turf and stone seating, and the addition of four trees.

8. Required parking was reduced by 12 spaces (from 128 to 116 spaces) due to the reduction of one unit and reduction of 10 four-bedroom units.

9. Unenclosed guest parking increased from 12 to 24 spaces, creating a surplus of 12 guest spaces.

10. Trash cart placement assignments were adjusted on Sheet L-6 to accommodate the third parking space on each lot with a four-bedroom unit.

11.The Fire Master Plan was revised to accommodate laddering requirements for Units 13-23.

Public Comments
Since the Planning Commission meeting, Planning Division staff received 10 letters in support of the project (Attachment 22).

7. ATTACHMENTS
· Attachment 1 Resolution No. 11553
· Attachment 2 Ordinance No. 13-24
· Attachment 3 Vicinity Map
· Attachment 4 Existing Site Photographs
· Attachment 5 Project Plans, date stamped received May 1, 2024 · Attachment 6 Breakdown of Proposed Unit Types, Floor Areas, and Stories · Attachment 7 Final Mitigated Negative Declaration No. 1882-22 and Mitigation City of Orange Printed on 5/23/2024Page 7 of 8
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· Attachment 7 Final Mitigated Negative Declaration No. 1882-22 and Mitigation Monitoring and Reporting Program dated March 5, 2024
· Attachment 8 Mitigated Negative Declaration No. 1882-22 Appendices · Attachment 9 Design Review Committee Staff Report dated December 6, 2023 · Attachment 10 Design Review Committee Minutes dated December 6, 2023 · Attachment 11 Design Review Committee Staff Report dated February 7, 2024 · Attachment 12 Design Review Committee Minutes dated February 7, 2024 · Attachment 13 Design Review Committee Staff Report dated February 21, 2024 · Attachment 14 Design Review Committee Minutes dated February 21, 2024 · Attachment 15 Draft Planning Commission Resolution Nos. PC 06-24, PC 07-24, and PC 08-24 dated March 18, 2024 - Not Adopted
· Attachment 16 Planning Commission Staff Report dated March 18, 2024 · Attachment 17 Planning Commission Minutes dated March 18, 2024 · Attachment 18 Written Public Comments from the March 18, 2024 Planning Commission meeting
· Attachment 19 Applicant’s Summary of Plan Changes
· Attachment 20 Development Standards Reference Table
· Attachment 21 Small Lot Subdivision Guidelines
· Attachment 22 Correspondence from Members of the Public since the Planning Commission meeting
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Agenda Item
City Council
Item #: 7.1. 5/28/2024 File #: 24-0217
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11553. A Resolution of the City Council of the City of Orange adopting Mitigated Negative Declaration No. 1882-22 and associated Mitigation Monitoring and Reporting Program, and approving General Plan Amendment No. 0004-22, Tentative Tract Map No. 0051- 22, Major Site Plan No. 1111-22, Design Review No. 5092-22, and Administrative Adjustment No. 0293-23 for the redevelopment of a vacant AT&T facility with 48, two-and three-story single-family small lot homes, open space recreation areas, guest parking, and related site improvements on a

2.71-acre site located at 901 E. Katella Avenue.

4. FISCAL IMPACT
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None.

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

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Site access is provided by two-way entrance driveways along Cambridge Street and Katella Avenue.

Landscaped setbacks are provided at the interfaces with Cambridge Street and Katella Avenue.

Detailed information regarding the architecture and landscaping are provided in the Planning Commission Staff Report (Attachment 16).

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The subject development proposal repositions the proejct site from commercial to residential General Plan and zoning designations, and represents a continuation of the adjacent multifamily land use designations and development to the west on Cambridge Street and Katella Avenue, between Glassell Street and Cambridge Street. These long-established multifamily developments have a MDR General Plan designation and are zoned R-3. Additionally, senior apartments are under construction a short distance to the east of the site at 1249 E. Katella Avenue. While the length of the E. Katella Avenue corridor has a predominately commercial and light industrial character, the segment between Tustin Street and Glassell Street consists of a mix of commercial and residential development. The presence of residential uses along this portion of Katella Avenue is logical given the neighborhood- serving goods and services in the area, proximity to elementary and middle schools, the Taft Library, and its interface with single-family residential neighborhoods.

Granting the administrative adjustment does not compromise the intent of the OMC because the requested reduction continues to accommodate a functional and efficient site plan and on-site circulation.

Environmental Review
Initial Study/Mitigated Negative Declaration (MND) No. 1882-22 (State Clearinghouse No. 2023110185) was prepared to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with local CEQA guidelines. The analysis contained in the MND determined that the project will have less than significant impacts to the environment with the implementation of Project Design Features relating to Air Quality and Noise, and Mitigation City of Orange Printed on 5/23/2024Page 4 of 8
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the implementation of Project Design Features relating to Air Quality and Noise, and Mitigation Measures related to Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Transportation/Traffic, and Tribal Cultural Resources. In addition, a Mitigation Monitoring and Reporting Program has been prepared and is included in the final MND that summarizes the Project Design Features, Mitigation Measures, and the responsible party for the implementation and monitoring (Attachment 7).

1. The project does not meet the goal to ensure the small lot subdivision fits into the existing neighborhood context;

3. Landscaping should be used to soften walls and fences;

4. There should be sufficient architectural variety within the overall design The DRC staff report and minutes are provided in Attachments 13 and 14 to this report.

See Attachments 13 and 16 for more extensive DRC and neighborhood comments.

The Planning Commission ultimately recommended denial of the project to the City Council by a 4-2 vote. The Commission’s reasons for the denial were as follows:

2. There are issues with the trash management plan.

3. There is a lack of ADA access to the pocket park along the north property line.

4. There was a lack of assessment of the worse case scenerio between 12:00 and 1:30 p.m. in the shade and shadow analysis.

5. Policing cannot be accomplished for amenities placed on of the roof top decks.

6. Ingress and egress from the project along Cambridge Street is problematic.

7. The project will create a precedent.

8. The project is not integral in meeting the City’sRHNA numbers and does not warrant changes City of Orange Printed on 5/23/2024Page 6 of 8
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to the General Plan and zoning designations.