Agenda packet — Orange City Council, July 23, 2024 (part 2 of 3)

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Purchase Details
All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted.

Y
ear 1

Estimated
Y
ear 2

Estimated
Y
ear 3

Estimated
Y
ear 4

Estimated
Y
ear 5

Active Products

68,194.72

70,854.31

73,617.63

76,488.72

79,471.78

Active Products
Quantity

Total Price

Component

Note

1.00 6,899.32

BLUEcloud Analytics, Annual Subscription

1.00 0.00

BLUEcloud MobileCirc, Annual Subscription

1.00 2,470.59

COSUGI Package, Annual Subscription

1.00 1,843.32

DataStream 2.0 Content Annual Subscription

650.00

4,858.52

Enriched Content Basic Public Subscription (Per 1000 Circ)

650.00

1,078.21

Enriched Content Video and Music 1 Single Element
Subscr
iption for Public Libraries

1.00 0.00

SaaS User Level - 40 Staff seats

1.00 0.00

SIP2 Interface for Cert.Vendor

1.00 1,856.59

SirsiDynix Symphony SaaS 9xx, Per User

1.00 8,624.17

SirsiDynix Symphony SaaS Acquisitions

1.00 28,846.61

SirsiDynix Symphony SaaS Core

1.00 2,072.18

SirsiDynix Symphony SaaS Electronic Data Interchange
(EDI)

1.00 0.00

SirsiDynix Symphony SaaS ReferenceLIBRARIAN

1.00 2,072.18

SirsiDynix Symphony SaaS SmartPORT, Unlimited Users

1.00 5,174.49

SirsiDynix Symphony SaaS Test System

1.00 0.00

SirsiDynix Symphony SaaS Unicode Server Extension Test
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Quote for City of Orange Public Library

Quote Number 117981

This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a tr
ade secret, proprietary and confidential and is only for use by the library named above and not to be released.

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1.00 2,398.54

Training - Subscription, Value Instructor-Led

68,194.72

Active Product Total Year 1

Initial Term: Five (5) Y ears

Initial Term Annual Price Increase Cap for SirsiDynix Products/Services: 3.9% until Term renewal

The Initial Term and the Initial Term Annual Price Increase Cap set forth above shall apply to Active Products and ne
w purchased Products/Services.

Customer's usage is subject to limitations that can be found in the Terms and Conditions section at the end of the Quote.

SirsiDynix reser
ves the right to adjust Initial Term pricing for Third Party/integrated products/services if a Third Party vendor increases pricing for Third Party/integrated products/services.

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Quote for City of Orange Public Library

Quote Number 117981

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Terms and Conditions
Current Contract License Limits:

Up to 1,310,000 ann
ually circulated items.

Up to 200,000 titles.

Customer shall not integrate products offered by third parties into Software, Subscriptions or Subscription Softw
are without additional license from SirsiDynix.

SirsiDynix shall have the right to aggregate and retain non-personally identifiable data.

Payment Terms

The term of any quoted products is for no less than the Initial Term and shall automatically renew for the length of the Initial T
erm. Subsequent years' Maintenance and Subscription fees are to be paid annually in advance.

Following the first year of System operation, Maintenance and Subscription fees will be subject to annual increases.

Unless otherwise specifically stated in writing, products and/or services purchased at promotional prices or with promotional discounts do not qualify for such discounts or limitations on price increases for subsequent years.

Any reference to license metrics and/or licensed amounts included in this quote shall be applicable only to the Products and/or services mentioned in this quote. This document and any software or professional services associated with this document are hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer. If there is no current agreement between the parties, the terms and conditions of the current SirsiDynix Master Software License and Services Agreement shall be deemed the controlling Agreement between the parties, a copy of which shall be furnished upon Customer's request. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current Agreement, unless such additional terms are statutorily required of the Customer. In the event of a conflict, the terms, payment terms, discounts, product lists and/or statement of work contained within this document shall take precedence over the current Agreement between the parties. In the event Customer desires or requires updated terms and conditions for the continuing business relationship with SirsiDynix, please contact your regional Sales Representative.

Quote for City of Orange Public Library

Quote Number 117981

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Signature(s)
Customer Signature:

SirsiDynix Signature:

City of Orange Public Library

dl.signhere .1

By: _______________________________________
(Authorized Signature)

By: _____________________________________
(A
uthorized Signature)

dl.fullname.1

Name: _____________________________________
(Pr
inted)

Name: __________________________________
(Pr
inted)

dl.title.1

Job Title: ___________________________________

Job Title: ________________________________

dl.datesign.1

Date: ______________________________________

Date: ___________________________________

Billing Address:

City of Or
ange Public Library
407 E. Chapman Ave.

Orange
California 92866
United States
Quote for City of Orange Public Library

Quote Number 117981

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Agenda Item
City Council
Item #: 3.8. 7/23/2024 File #: 24-0429
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with Onward Engineering, a California corporation, for on-call Construction Inspection Services.

2. SUMMARY
This First Amendment authorizes Onward Engineering to perform on-call construction inspection services.

3. RECOMMENDED ACTION
Approve the amendment to agreement with Onward Engineering, a California corporation, for on-call Construction Inspection Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
Fiscal impact to the City will be determined by the actual billed hours for each project on-call construction inspection services.

5. STRATEGIC PLAN GOALS
Goal 1: Provide 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 Public Works Department is currently experiencing a staffing shortage within the Construction Inspection group. Initial efforts to recruit qualified Construction Inspectors have not been successful.

With the busy workload in capital improvement projects and development construction including encroachment permit related inspections, staff reached out to three qualified construction inspection firms to provide necessary and needed inspection coverage. After consultations and interviews with the three firms, staff awarded an on-call contract on June 18, 2024, in the amount of $30,000, under the City Manager’s authority, to Onward Engineering.

Onward Engineering’stotal compensation is expected to be exhausted by the end of July 2024. This First Amendment authorizes an increase in the contract amount not to exceed $130,000. The total City of Orange Printed on 7/18/2024Page 1 of 2
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Item #: 3.8. 7/23/2024 File #: 24-0429
First Amendment authorizes an increase in the contract amount not to exceed $130,000. The total contract amount is based on estimated time spent on the number of projects pending that would require assistance, but payment will be made according to the actual hours spent on each project.

The costs for this contract will be charged to the various projects where the consultant is assigned.

This expense will not impact the General Fund.

7. ATTACHMENTS
· First Amendment to Professional Services Agreement
City of Orange Printed on 7/18/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.8. 7/23/2024 File #: 24-0429
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with Onward Engineering, a California corporation, for on-call Construction Inspection Services.

2. SUMMARY
This First Amendment authorizes Onward Engineering to perform on-call construction inspection services.

4. FISCAL IMPACT
Fiscal impact to the City will be determined by the actual billed hours for each project on-call construction inspection services.

5. STRATEGIC PLAN GOALS
Goal 1: Provide 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.

Onward Engineering’stotal compensation is expected to be exhausted by the end of July 2024. This First Amendment authorizes an increase in the contract amount not to exceed $130,000. The total City of Orange Printed on 7/18/2024Page 1 of 2
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Item #: 3.8. 7/23/2024 File #: 24-0429
First Amendment authorizes an increase in the contract amount not to exceed $130,000. The total contract amount is based on estimated time spent on the number of projects pending that would require assistance, but payment will be made according to the actual hours spent on each project.

The costs for this contract will be charged to the various projects where the consultant is assigned.

This expense will not impact the General Fund.

7. ATTACHMENTS
· First Amendment to Professional Services Agreement
City of Orange Printed on 7/18/2024Page 2 of 2
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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[On Call Construction Inspection Services]

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of __________ _______, 2024, by and between the CITY OF ORANGE, a municipal corporation (“City”), and ONWARD ENGINEERING, a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7681) dated as of June 18, 2024 , which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3 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 ONE HUNDRED THOUSAND DOLLARS and 00/100 ($100,000.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED THIRTY THOUSAND DOLLARS and 00/100 ($130,000.00) without the prior written authorization of City.”

Section 4. Integration. This First 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 ter ms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
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Agenda Item
City Council
Item #: 3.9. 7/23/2024 File #: 24-0443
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Extension of Tolling Agreements between the City and Milan REI X, LLC to further evaluate non- residential uses for the “Brandman site” and the “Creekside Village site.”

2. SUMMARY
On February 23, 2024, the City and Milan REI X, LLC entered into “TollingAgreements”in order to continue to evaluate non-residential uses for the “Brandman site” and the “Creekside Village site”.

The City and Milan REI X, LLC, seek to extend the Tolling Agreements for an additional six months (which will extend relevant statutes of limitation to file applications and/or lawsuits regarding development applications for the two sites).

3. RECOMMENDED ACTION
Approve the extension of the Tolling Agreements with Milan REI X, LLC, for six months; and authorize the City Manager to execute the agreements on behalf of the City.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community
d. Effectively manage and develop City assets.
e. Create an environment to attract, retain and expand economic opportunities.

6. DISCUSSION AND BACKGROUND
Milan REI X, LLC (Milan) owns the real property at 6146 Santiago Canyon Road (the “Brandman site”)and the real property located along Santiago Canyon Road with the Assessor’sparcel numbers of 370-011-08, 370-041-12, 370-011-18, 370-011-22, 370-041-25, 093-280-07, 093-280-27, 093-280- 29, 093-280-30, and 093-280-07 (the “Creekside Village site”) to be henceforth referred to as “Sites”.

The City and Milan (Parties) currently have different interpretations of relevant state law, in part, concerning the processing of the applications, including the scope of the materials Milan must provide to the City and the City’s duty to process and approve the proposed development projects.

The Parties entered into Tolling Agreements (Agreements) to have time to further evaluate non- residential uses for the Sites, including, but not limited to, recreational and sport uses, educational City of Orange Printed on 7/18/2024Page 1 of 2
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Item #: 3.9. 7/23/2024 File #: 24-0443
residential uses for the Sites, including, but not limited to, recreational and sport uses, educational institution uses, acquisition by the City or a third party, or other paths for non-residential uses that may be acceptable to both Parties. In the absence of the time provided by these Agreements, the Parties (and in particular, Milan) may be forced to seek relief through the courts. The Parties believe it is in their best interests to avoid the time, expense, and risk of such litigation for the period identified by these Agreements. The initial term of the Agreements is set to expire on August 23, 2024. Parties wish to extend the term of the Agreements for an additional six months.

7. ATTACHMENTS
· Extension of Tolling Agreement with Milan REI X, LLC (Brandman site) · Extension of Tolling Agreement with Milan REI X, LLC (Creekside Village site) City of Orange Printed on 7/18/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.9. 7/23/2024 File #: 24-0443
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Extension of Tolling Agreements between the City and Milan REI X, LLC to further evaluate non- residential uses for the “Brandman site” and the “Creekside Village site.”

3. RECOMMENDED ACTION
Approve the extension of the Tolling Agreements with Milan REI X, LLC, for six months; and authorize the City Manager to execute the agreements on behalf of the City.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community
d. Effectively manage and develop City assets.
e. Create an environment to attract, retain and expand economic opportunities.

The Parties entered into Tolling Agreements (Agreements) to have time to further evaluate non- residential uses for the Sites, including, but not limited to, recreational and sport uses, educational City of Orange Printed on 7/18/2024Page 1 of 2
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Item #: 3.9. 7/23/2024 File #: 24-0443
residential uses for the Sites, including, but not limited to, recreational and sport uses, educational institution uses, acquisition by the City or a third party, or other paths for non-residential uses that may be acceptable to both Parties. In the absence of the time provided by these Agreements, the Parties (and in particular, Milan) may be forced to seek relief through the courts. The Parties believe it is in their best interests to avoid the time, expense, and risk of such litigation for the period identified by these Agreements. The initial term of the Agreements is set to expire on August 23, 2024. Parties wish to extend the term of the Agreements for an additional six months.

7. ATTACHMENTS
· Extension of Tolling Agreement with Milan REI X, LLC (Brandman site) · Extension of Tolling Agreement with Milan REI X, LLC (Creekside Village site) City of Orange Printed on 7/18/2024Page 2 of 2
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1 EXTENSION OF TOLLING AGREEMENT
On February 23, 2024 (the “Effective Date”), Milan REI X, LLC, a California limited liability company, (“Milan”) and the City of Orange, a municipal corporation (the “City”) (collectively, the “Parties”), entered into a tolling agreement (“Agreement”) concerning Milan’s application for a housing development project in the City on the real property located at 6146 Santiago Canyon Road (the “Property” or “Brandman site”). The executed Agreement is attached as Exhibit “A”.

RECITALS
A. The Agreement, in recital “F”, noted that a primary reason the Parties wished to enter into the Agreement was a desire to evaluate non-residential uses for the Property. To that end, the Parties continue to assess non-residential uses and wish to extend the Agreement to continue to evaluate such uses.

B. Agreement paragraph 3 provides that the Agreement shall remain in effect for six months from the Effective Date, which means the Agreement is in effect through August 23, 2024 (the “Tolled Periods”). Agreement paragraph 6, subsection (b) provides that “In the Parties’ discretion, prior to termination of the Tolled Periods, [the] Agreement may be mutually extended in writing for an additional period(s) of time.” The Parties have determined that extending the Tolling Period is in their best interests so that they may continue to engage in discussions regarding alternate uses for the Property and do so through this extension of the Agreement (the “Extension”).

NOW, THEREFORE, in consideration of the terms and conditions of this Extension, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

AGREED TERMS AND CONDITIONS

1. Material Terms of Agreement. All material terms of the Agreement remain in force and effect and are incorporated herein by this reference and made a part hereof.

2. Tolled Periods. Pursuant to this Extension, the Agreement Tolled Periods are hereby extended for six months, until February 23, 2025, provided the Parties execute the Extension prior to the close of business on August 23, 2024.

IN WITNESS WHEREOF, and intending to be legally bound, each Party hereto has caused this Extension to be executed as of the date(s) set forth below.

MILAN REI X, LLC,
a Delaware limited liability company
__________________________
Name: Christopher Nichelson
Its: President of its Managing Agent
Dated:
271
2 CITY OF ORANGE
_________________________
Name: Thomas C. Kisela
Its: City Manager
Dated:

ATTEST:
__________________________
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
________________________
Mike Vigliotta, City Attorney
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275
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1 EXTENSION OF TOLLING AGREEMENT
On February 23, 2024 (the “Effective Date”), Milan REI X, LLC, a California limited liability company, (“Milan”) and the City of Orange, a municipal corporation (the “City”) (collectively, the “Parties”), entered into a tolling agreement (“Agreement”) concerning Milan’s application for a housing development project in the City on the real property located along Santiago Canyon Road with the Assessor’s parcel numbers of 370-011-08, 370-041-12, 370-011-18, 370-011-22, 370-041-25, 093-280- 07, 093-280-27, 093-280-29, 093-280-30, and 093-280-07 (the “Property” or “Creekside Village site”).

The executed Agreement is attached as Exhibit “A”.1

AGREED TERMS AND CONDITIONS

1. Material Terms of Agreement. All material terms of the Agreement remain in force and effect and are incorporated herein by this reference and made a part hereof.

IN WITNESS WHEREOF, and intending to be legally bound, each Party hereto has caused this Extension to be executed as of the date(s) set forth below. 1 The Agreement contains two scrivener errors in Recitals “B” and “C.” Recital “B” should state “On or about October 16, 2023, Milan submitted a preliminary application for a housing development project on the Creekside Village site.” Recital “C” should state “The October 16th application (the “Application” for the “Project”) replaced a previously filed application for a housing development project on the Property.” These corrections to the Recitals are hereby incorporated into the Agreement. 278
2 MILAN REI X, LLC,
a Delaware limited liability company
__________________________
Name: Christopher Nichelson
Its: President of its Managing Agent
Dated:

CITY OF ORANGE
_________________________
Name: Thomas C. Kisela
Its: City Manager
Dated:

ATTEST:
__________________________
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
________________________
Mike Vigliotta, City Attorney
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Agenda Item
City Council
Item #: 3.10. 7/23/2024 File #: 24-0340
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $159,990.75 in approved funding from the Federal Emergency Management Agency’s Hazard Mitigation Grant Program, administered by the California Office of Emergency Services and authorization for the City of Orange to pursue existing and future federal financial assistance grants through the California Office of Emergency Services. Resolution No. 11569.

2. SUMMARY
The California Governor’s Office of Emergency Services received notification from the Federal Emergency Management Agency that the City of Orange has been approved for funding to update its Local Hazard Mitigation Plan, with the total project cost set at $209,990.50. Staff is also requesting authorization to pursue additional grants.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11569. A Resolution of the City Council of the City of Orange authorizing the application for federal financial assistance grant funding with the California Governor’sOffice of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program.

2. Accept into the City’s revenue budget $159,990.75 in grant funding from the California Office of Emergency Services to Reimbursable Capital Projects (550:
550.0000.45150.30248 LHMP

3. Authorize the appropriation of $159,990.75 to Reimbursable Capital Projects (550):
550.0000.51670.30248 LHMP

4. FISCAL IMPACT
This grant consists of a 75% federal share and a 25% non-federal share match, which will be covered through the General Fund via in-kind staff labor time. The total expenditure for this project is $209,990.50 and will be funded through:
550.0000.45150.30248 LHMP $ 159,990.75
100.XXXX.50002.30248 Salaries (various) - LHMP $ 49,999.75 Total $ 209,990.50

5. STRATEGIC PLAN GOALS
City of Orange Printed on 7/18/2024Page 1 of 2
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Item #: 3.10. 7/23/2024 File #: 24-0340
Goal 1: Provide for a safe community
c: Enhance the emergency management system to provide public safety during times of disaster.

6. DISCUSSION AND BACKGROUND
The Hazard Mitigation Grant Program (HMGP) is a funding initiative supported by the Federal Emergency Management Agency (FEMA) and managed by the California Office of Emergency Services (CalOES). HMGP provides funding opportunities to implement mitigation activities that reduce risk to life, property, and infrastructure from natural hazards such as wildfires, earthquakes, droughts, extreme weather, and flooding. This includes mitigation planning.

On April 11, 2024, FEMA informed CalOES that the City of Orange had obtained approval for Hazard Mitigation Grant funds to revise its existing Local Hazard Mitigation Plan (LHMP). With this funding, the City of Orange will seek a qualified consultant to lead the coordination, facilitation, and development of an updated version of the City's expired LHMP, in compliance with the Disaster Mitigation Act of 2000. This updated plan will focus on proactively addressing natural hazards, strategies to mitigate long-term risks to people and property from potential future disasters, and the establishment of a more resilient community.

Many federal and state grants necessitate a current LHMP for agencies to be considered eligible for funding. Presently, progression on a $4.8 million storm drain project is on hold due to the outdated LHMP. Upon the approval of the LHMP revision, the City will then qualify to apply for the pending grant, as well as other future mitigation projects.

Adoption of Resolution No. 11569 will approve the appropriation of $159,990.75 in HMGP federal funding and authorize the City of Orange to pursue current and future federal financial assistance grants through the California Office of Emergency Services.

7. ATTACHMENTS
· Attachment 1 Resolution No. 11569
· Attachment 2 City of Orange Application Approval LHMP Update City of Orange Printed on 7/18/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.10. 7/23/2024 File #: 24-0340
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

3. RECOMMENDED ACTION

2. Accept into the City’s revenue budget $159,990.75 in grant funding from the California Office of Emergency Services to Reimbursable Capital Projects (550:
550.0000.45150.30248 LHMP

3. Authorize the appropriation of $159,990.75 to Reimbursable Capital Projects (550):
550.0000.51670.30248 LHMP

5. STRATEGIC PLAN GOALS
City of Orange Printed on 7/18/2024Page 1 of 2
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Item #: 3.10. 7/23/2024 File #: 24-0340
Goal 1: Provide for a safe community
c: Enhance the emergency management system to provide public safety during times of disaster.

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE AUTHORIZING THE

APPLICATION FOR FEDERAL FINANCIAL

ASSISTANCE GRANT FUNDING WITH THE
CALIFORNIA GOVERNOR’S OFFICE OF

EMERGENCY SERVICES FOR THE

PURPOSE OF OBTAINING FEDERAL

FINANCIAL ASSISTANCE FOR ANY

EXISTING OR FUTURE GRANT PROGRAM

WHEREAS, on April 11, 2024, the California Office of Emergency Services was notified by the Federal Emergency Management Agency, that the City of Orange had received approval for Hazard Mitigation Grant Program funds.

WHEREAS, the total project cost is $199,999.00 and consists of a 75 % Federal share of $149,999.25 and an obligated 25% non-Federal share of $49,999.75

WHEREAS, the Federal Emergency Management Agency is also obligating and providing a 100% Federal share Subrecipient Management cost of $9,991.50

WHEREAS, the City of Orange will develop and adopt a Federal Emergency Management Agency approved Hazard Mitigation Plan to meet the requirements outlined in 44 CFR Part 201 and the most current Federal Emergency Management Agency hazard mitigation guide.

WHEREAS, the project will take 36 months to complete with a completion date set for April 5, 2027 , and within 120 days of its conclusion, all project funds will be liquidated with final closeout documentation submitted to the Federal Emergency Management Agency.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange, with acknowledgement of the Orange City Fire Department,

1. Is a public entity established under the laws of the State of California and is authorized to file applications with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant programs.

2. Authorizes its City Manager and designated agents, to provide the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

289
2 ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
290
U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607
www.fema.gov
April 11, 2024
Nancy Ward, Director
California Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, California 95655
Reference: Application Approval, HMGP DR-4683-962-11P
City of Orange
City of Orange LHMP Update
FIPS Code:059-53980, Supplement 20
Dear Nancy Ward:

We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Orange (Sub- Recipient) HMGP DR-4683-962-11P, City of Orange LHMP Update.

The total project cost is $199,999.00. As shown in the enclosed Obligation Report - Supplement 20, we are obligating $149,999.25 for the 75 percent Federal share; the 25 percent non-Federal share is $49,999.75. We are obligating $9,991.50 for the 100% Federal share Subrecipient Management Costs.

These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Approvals: Federal Share: Non-Federal Share: Total Project Cost:

Supplement 20 $149,999.25 $49,999.75 $199,999.00
Management Costs $9,991.50 $0.00 $9,991.50
This HMGP project approval and obligation of funds are subject to the following conditions:

1. Scope of Work (SOW) – The City of Orange will develop and adopt a FEMA approved Hazard Mitigation Plan to meet the requirements outlined in 44 CFR Part 201 and the most current FEMA hazard mitigation plan guidance.

2. Project Completion Date – The work schedule included with the project application indicates that the project will take 36 months to complete; therefore, the project completion date is April 5, 2027. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de -obligated for work completed outside the POP when there is no approved time extension. 291
Nancy Ward
April 11, 2024

Page 2 of 2 ends

3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note th e project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Consideration (REC) – In compliance with the National Environmental Policy Act (NEPA), this undertaking is cat egorically excluded (CE) from the need to prepare either an environmental assessment or environmental impact statement.

5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

If you have any questions, please contact Andrea Harvey, Grants Management Specialist, by email [email protected], or phone (202) 430-4878.

Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (2):

Obligation Report – Supplement 20
Standard Mitigation Grant (HMGP) Conditions
cc: Ron Miller, Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Robyn Fennig, Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Joseph Purvis, Division Chief, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 292
Obligation

HAZARD MITIGATION GRANT PROGRAM
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01
State Recipient
Disaster
No
Supplemental
No
Action
No
State
Application ID
Amendment
No
FEMA
Project No
4683 - 0 962 1 20 CA Statewide
Project Title : 7% City of Orange Local Hazard Mitigation Plan UpdateOrangeSubrecipient:

Subrecipient FIPS Code: 059-53980
11 P
10:31 AM
3/26/2024
FY
Subrecipient Management
Cost AmountProject Amount Total Obligation IFMIS Date IFMIS Status $9,991.50$149,999.25 2024$159,990.75 03/25/2024 Accept
Comments
Comment: 4683-962-11P-7%, City of Orange Local HM Plan Update,-$149,999.25 Federal Share/ $9,991.50 Sub Recipient Management Costs User Id:Date: 03/25/2024 SSCOTT39

STEVEN SCOTT

LAURA KOON
Authorization
Preparer Name:

HMO Authorization Name:

Preparation Date: 03/25/2024
HMO Authorization Date: 03/25/2024
Total Amount
Previously Allocated
Total Amount
Previously Obligated
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0.00$0.00$149,999.25$149,999.25

Page 1 of 1 ends

1 Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018

The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):

1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.

2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.

3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.

4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.

5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.

6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.

7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.

8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.

9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.

10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.

11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.

12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.

294
2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.

14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.

15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA- approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.

16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.

17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).

18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.

Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans.

295
Agenda Item
City Council
Item #: 3.11. 7/23/2024 File #: 24-0390
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $35,082 in designated grant funding received from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling City Payment Program.

2. SUMMARY
Based on an agreement with the California Department of Resources Recycling and Recovery, the Public Works Department receives an allocation of per-capita grant funds to utilize towards activities related to beverage container recycling.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget a $35,082 grant from the California Department of Resources Recycling and Recovery into Sewer Fund (220):
220.5022.45290.20537 Beverage Container Program 23-24.

2. Authorize the appropriation of $35,082 into the Sewer Fund (220) Beverage Container Program 23-24:
220.5022.51001.20537 Contractual Services $26,500
220.5022.53001.20537 Materials and Supplies $7,082
220.5022.50002.20537 Regular Salaries - Misc $1,500

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the California Department of Resources Recycling and Recovery.

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

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

6. DISCUSSION AND BACKGROUND
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Item #: 3.11. 7/23/2024 File #: 24-0390
The City participates in the Beverage Container Recycling Payment Program administered by the California Department of Resources Recycling and Recovery (CalRecycle). The City must submit an application to CalRecycle to secure the grant funding, which provides opportunities for local governments to receive funds for beverage container recycling programs. The focus of the program is to reach and maintain an 80% recycling rate for all California refund value beverage containers made of aluminum, glass, plastic, and metals.

The City has received funding for this program since 1999, utilizing the funds to obtain the services of Orange County Conservation Corps (OCCC), purchasing recycling containers, and reducing the use of bottled water consumption by purchasing and installing hydration stations in a few public facilities.

Historically, OCCC has performed maintenance of storm channels through the City. Furthermore, the City uses a portion of the grant to have OCCC provide litter reduction and recycling activities during City events.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.11. 7/23/2024 File #: 24-0390
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $35,082 in designated grant funding received from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling City Payment Program.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the California Department of Resources Recycling and Recovery.

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

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

6. DISCUSSION AND BACKGROUND
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Item #: 3.11. 7/23/2024 File #: 24-0390
The City participates in the Beverage Container Recycling Payment Program administered by the California Department of Resources Recycling and Recovery (CalRecycle). The City must submit an application to CalRecycle to secure the grant funding, which provides opportunities for local governments to receive funds for beverage container recycling programs. The focus of the program is to reach and maintain an 80% recycling rate for all California refund value beverage containers made of aluminum, glass, plastic, and metals.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.12. 7/23/2024 File #: 24-0422
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 Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters; Bid No. 21-22.41.

2. SUMMARY
The City of Orange entered into a contract with Delta Electric, LLC. for the replacement of the emergency generator and automatic transfer switch for Water Division Headquarters. The scope of work consisted of demolition of an existing generator, automatic transfer switch and installation of a new generator, automatic transfer switch, concrete pad, and conduits in accordance with the current building codes. The project was completed in June 2024 to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Accept the Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters 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. 7/23/2024 File #: 24-0422
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 Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters; Bid No. 21-22.41.

3. RECOMMENDED ACTION

1. Accept the Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters 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
[S pace 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 “Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters (Bid No. 21-22.41; W-718)” (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 July 23, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Contractor who performed (or caused to be performed) said public work and improvements was Delta Electric, LLC., a California limited liability company, with its principal office at 17007 Strawberry Pine Ct., in the City of Santa Clarita, State of California.

The name of the surety on the Labor and Material Bond for the Project is Western Surety Company (Bond# 72489176) in the amount of $184,000.50.

DATED as of the 23rd day of July 2024. CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the 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 23rd day of July 2024 at Orange, California.

Daniel R. Slater, Mayor of the 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 of the City of Orange
302
Agenda Item
City Council
Item #: 3.13. 7/23/2024 File #: 24-0424
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 Purchase and Installation of Mixers for Reservoirs 5, 8 and

10. 2. SUMMARY
The City of Orange entered into a contract with Doan And Hartwig Water Systems, Inc. to purchase and install new water mixers for Reservoirs 5, 8 and 10. The scope of work consisted of furnishing and installing new mixers, control units, wires and conduits, and providing start up training. The project was completed in June 2024 to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Accept the Purchase and Installation of Mixers for Reservoirs 5, 8 and 10 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 #: 3.13. 7/23/2024 File #: 24-0424
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 Purchase and Installation of Mixers for Reservoirs 5, 8 and

3. RECOMMENDED ACTION

1. Accept the Purchase and Installation of Mixers for Reservoirs 5, 8 and 10 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
[S pace 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 “Purchase and Installation of Mixers for Reservoirs 5, 8 and 10” (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 July 23, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Contractor who performed (or caused to be performed) said public work and improvements was Doan and Hartwig Water Systems, LLC., a California corporation, with its principal office at 603 Seagaze Drive #241, in the City of Oceanside, State of California.

The name of the surety on the Labor and Material Bond for the Project is Western Surety Company (Bond# SU1201124) in the amount of $66,602.25.

DATED as of the 23rd day of July 2024. CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE

DATED as of the 23rd day of July 2024 at Orange, California.

Daniel R. Slater, Mayor of the City of Orange

Pamela Coleman, City Clerk of the City of Orange
305
Agenda Item
City Council
Item #: 3.14. 7/23/2024 File #: 24-0403
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 Excel Backflow Service, Inc. for Backflow Device Testing and Repair Services; and finding of CEQA exemption; Bid No. 23-24.40.

2. SUMMARY
Bids for backflow device testing and repair services were advertised. Two bidders responded, and Excel Backflow Service, Inc. of Murrieta was the apparent low bidder in the amount of $40,775.

3. RECOMMENDED ACTION

1. Approve the contract with Excel Backflow Service, Inc. in the amount of $44,853 representing an original bid amount of $40,775, plus a 10% contingency of $4,078 for Backflow Device Testing and Repair Services; 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).

4. FISCAL IMPACT
The expense for this contract is $44,853 and will be funded through:
600.8041.51560.00000 Maintenance of Backflow Devices $6,508 294.8041.51560.00000 Del Rio Landscape Maintenance District $105 100.8041.51560.00000 Maintenance of Backflow Devices $28,180 291.8041.51560.00000 Santiago Hills Landscape Maintenance $5,075 293.8041.51560.00000 Sycamore Crossing Landscape Maintenance $4,985 Total $44,853

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 #: 3.14. 7/23/2024 File #: 24-0403

6. DISCUSSION AND BACKGROUND
To comply with the Cross Connection Control Policy issued and monitored by the State Water Resources Control Board (SWRCB), the Public Works Department Water Division (City) is required to test all city owned backflow devices and submit test reports to SWRCB on an annual basis. All tests and repairs must be completed by individuals who are certified by Orange County Health Environmental Department. With approximately 250 devices scattered throughout the City, there is a need to retain a qualified contractor to help with completing these tasks in a timely manner.

Through an informal bid process, the Water Division solicited bids for these services, and two bids were received as follows:

1. Excel Backflow Service, Inc., Chino, CA $40,775

2. Verne’s Plumbing, Buena Park, CA $52,775
Excel Backflow Service, Inc. is the apparent responsive low bidder and the current contractor to the City for the past few years. The company recently changed its name from Terry’s Testing Service, Inc. to Excel Backflow Service, Inc. They are familiar with the device locations and Water Division procedures. Therefore, staff recommends that Excel Backflow Service, Inc. be awarded the contract in the amount of $40,775, plus a 10% contingency for a total amount of $44,853.

The term of the contract is for one year with an option to renew annually for three more years if the City is satisfied with the level of service from the contractor. The cost for the extensions, including a 10% contingency, will be $47,838 for Fiscal Year 2025-26, $50,890 for Fiscal Year 2026-27, and $54,012 for Fiscal Year 2027-28. Extensions will be executed by the City Manager.

7. ENVIRONMENTAL REVIEW
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 repair, maintenance, and safety improvement at existing public facilities and results in no expansions of use beyond that existing at the time of the City’s determination.

8. ATTACHMENTS
· Bid Abstract
· Contract with Excel Backflow Service, Inc.

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Agenda Item
City Council
Item #: 3.14. 7/23/2024 File #: 24-0403
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 Excel Backflow Service, Inc. for Backflow Device Testing and Repair Services; and finding of CEQA exemption; Bid No. 23-24.40.

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).

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 #: 3.14. 7/23/2024 File #: 24-0403

Through an informal bid process, the Water Division solicited bids for these services, and two bids were received as follows:

1. Excel Backflow Service, Inc., Chino, CA $40,775

8. ATTACHMENTS
· Bid Abstract
· Contract with Excel Backflow Service, Inc.

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City of Orange: Summary of Bid Abstracts for:

Bid No. 23-24.40
Date of Bid Opening: 6/20/2024
Tel. No. (800) 464-9287 Tel. No. (714) 994-1971
NO. DESCRIPTION OF WORK NO. OF TEST UNIT PRICE TESTING COST REPAIR COST TOTAL COST PER FY UNIT PRICE TESTING COST REPAIR COST TOTAL COST PER FY UNIT PRICE TESTING COST REPAIR COST TOTAL COST PER FY 1 Initial Term (FY 24/25) 300 EA $50.00 $15,000.00 $24,275.00 $39,275.00 $55.00 $16,500.00 $24,275.00 $40,775.00 $95.00 $28,500.00 $24,275.00 $52,775.00 2 First Extension (FY 25/26) 300 LS $52.50 $15,750.00 $25,488.75 $41,238.75 $60.00 $18,000.00 $25,488.75 $43,488.75 $95.00 $28,500.00 $25,488.75 $53,988.75 3 Second Extension (FY 26/27) 300 LS $55.13 $16,537.50 $26,763.19 $43,300.69 $65.00 $19,500.00 $26,763.19 $46,263.19 $105.00 $31,500.00 $26,763.19 $58,263.19 4 Third Extension (FY 27/28) 300 LS $57.88 $17,364.00 $28,101.35 $45,465.35 $70.00 $21,000.00 $28,101.35 $49,101.35 $110.00 $33,000.00 $28,101.35 $61,101.35 $64,651.50 $104,628.29 $169,279.79 $75,000.00 $104,628.29 $179,628.29 $121,500.00 $104,628.29 $226,128.29Total Backflow Device Testing & Repair Services
ENGINEER'S ESTIMATE Excel Backflow Service, Inc. Chino, CA Verne's Plumbing, Inc., Buena Park, CA

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CONTRACT
[Backflow Device Testing and Repair Services (Bid No. 23-24.40)]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 20__ (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and EXCEL BACKFLOW SERVICE INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

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

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

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

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

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth 311
2 in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

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

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

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

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within one hundred twenty (120) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract. Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation; Term and Extension

a. Contractor agrees to receive and accept an amount not to exceed FORTY THOUSAND SEVEN HUNDRED SEVENTY-FIVE DOLLARS and 00/100 ($40,775.00), unless said amount is amended by Contract Change Order approved by the City as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, 312
3 and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of FOUR THOUSAND SEVENTY-SEVEN DOLLARS and 50/100 ($4,077.50) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor , up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney . The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed FORTY-FOUR THOUSAND EIGHT HUNDRED FIFTY -TWO DOLLARS and 50/100 ($44,852.50).

d. The Initial Term of this Contract is one (1) year (the “Initial Term”), commencing July 1, 2024 and expiring on June 30, 2025 (the “Expiration Date”); provided, however, that City has the right to extend the term of this Contract for the following extensions and upon the following terms:

• First Extension (the “First Extension Term”) commencing July 1, 2025 , and terminating June 30, 2026, in an annual amount not to exceed FORTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY -SEVEN DOLLARS and 63/100 ($ 47,837.63) without the prior written authorization of City;

• Second Extension (the “Second Extension Term”) commencing July 1, 2026 , and terminating June 30, 2027, in an annual amount not to exceed FIFTY THOUSAND EIGHT HUNDRED EIGHTY -NINE DOLLARS and 51/100 ($ 50,889.51) without the prior written authorization of City.

• Third Extension (the “Third Extension Term”) commencing July 1, 2027, and terminating June 30, 2028, in an annual amount not to exceed FIFTY -FOUR THOUSAND ELEVEN DOLLARS and 49/100 ($54,011.49) without the prior written authorization of City.

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4 e. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the Expiration Date of the then -current term; provided, however, that City’s notice of its intention to extend the term of this Contract for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Contract not later than thirty (30) days prior to the Expiration Date of then -current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, this Contract shall terminate and be of no further force and effect as of the expiration of the then -current term.

Notwithstanding anything in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed ser vices under the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Contract. Except as specifically set forth herein, the terms and condi tions of each Extension will be the same as the Initial Contract.

f. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Contract. The City Manager is hereby authorized to approve and execute amendments to this Contract reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.

ARTICLE 4
Licenses

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

ARTICLE 5
Guarantees

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

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any p art thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such 314
5 materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

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

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

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

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

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), conta ining Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contrac t. City shall not have the 315
6 right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be consider ed employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, den tal, long-term disability or workers' compensation insurance benefits.

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

ARTICLE 8
Public Work; Prevailing Wage

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

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

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

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

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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7 d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation , any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time t o time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

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

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

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

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, 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 Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
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8 ARTICLE 11
Indemnity

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

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

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

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.

b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

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

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

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

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

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

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

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

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

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

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

f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
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10 g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.

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

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

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

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

ARTICLE 13
Termination

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

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

ARTICLE 14
Maintenance and Inspection of Records

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

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11 ARTICLE 15
Compliance with Laws

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

b. Contractor represents and warrants that it:

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

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

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

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

c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.

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

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

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

ARTICLE 16
Governing Law and Venue

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

ARTICLE 17
Integration and Amendment

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

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

ARTICLE 18
Notice

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

“CONTRACTOR” “CITY”

Excel Backflow Service Inc. City of Orange
4774 Murrieta St. Unit #13 300 E. Chapman Avenue
Chino, CA 91710 Orange, CA 92866-1591

Attn: Eric Roberts/President Attn: Jose Diaz/Water Manager

Telephone: (909) 925-9199 Telephone: (714) 288-2475 E-Mail: [email protected] E-Mail: [email protected]

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13 ARTICLE 19
Claim Resolution

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

ARTICLE 20
Counterparts

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

[Remainder of page intentionally left blank; signatures on next page] 323
Eric J. Roberts
Sharon K. Roberts
Chief Financial Officer
President
Encyro E-Sign ID: a3d53cc6778c4ea5ba02b09649507aea (2024-Jul-02 00:23:35 UTC) 324

Attachment No. 1

Page 1 of 13 ends

ATTACHMENT NO. 1

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

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

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or sinc e the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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Attachment No. 1

Page 2 of 13 ends

(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 326

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 327

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 328

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

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

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

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 330

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

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

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 331

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

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 332

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

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

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or underg o testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 333

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

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a s ubcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 334

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

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

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 336

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

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
337

Attachment No. 2

Page 1 of 3 ends

ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and f ormed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 338

Attachment No. 2

Page 2 of 3 ends

(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying w hat portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutu ally agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and conf er for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 339

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 340
Agenda Item
City Council
Item #: 3.15. 7/23/2024 File #: 24-0414
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 approving a First Amendment to Development Agreement No. 7204 by and between the City of Orange and Chapman Orange Holdings, LLC, a California Limited Liability Company. Ordinance No. 16-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 25, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 16-24.

4. ATTACHMENTS
· Ordinance No. 16-24
City of Orange Printed on 7/18/2024Page 1 of 1
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341
Agenda Item
City Council
Item #: 3.15. 7/23/2024 File #: 24-0414
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 June 25, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 16-24.

4. ATTACHMENTS
· Ordinance No. 16-24
City of Orange Printed on 7/18/2024Page 1 of 1
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342
ORDINANCE NO. 16-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ORANGE APPROVING A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 7204 BY AND

BETWEEN THE CITY OF ORANGE AND CHAPMAN

ORANGE HOLDINGS, LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY
APPLICANT: CHAPMAN ORANGE HOLDINGS, LLC
WHEREAS, Section 65864 through 65869.5 of the California Government Code authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of such property; and WHEREAS, the City Council of the City of Orange has adopted Chapter 17.44 of the Orange Municipal Code which establishes procedures for the processing and approval of development agreements.

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

SECTION I:

The City Council finds that a public hearing has been held before this City Council pursuant to the procedures described in Chapter 17.44 of the Orange Municipal Code. At the hearing, the City Council has considered testimony presented by the public and the Planning Commission's recommendation to approve the First Amendment to Development Agreement No. 7204 between the City of Orange and Chapman Orange Holdings, LLC (Development Agreement).

SECTION II:

The City Council hereby finds that the Development Agreement between the City of Orange and Chapman Orange Holdings, LLC:

A. Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan; and
B. Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is and will be located; and is in conformity with and will promote public necessity, public convenience, general welfare, and good land use practices; and
C. Will be beneficial to the health, safety, and general welfare; and 343
2 D. Will not adversely affect the orderly development of property or the preservation of property values; and
E. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

SECTION III:

The City Council hereby approves the First Amendment to Development Agreement No. 7204 in the form attached hereto and incorporates the Agreement herein by this reference. Within ten (10) days after this Ordinance takes effect, the City Council shall execute the Development Agreement
SECTION IV:

Within ten (10) days after the execution of the Development Agreement by all parties, the City Clerk is directed to record the Development Agreement pursuant to the terms of this Agreement.

SECTION V:

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

SECTION VI:

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
344
3 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
345
Agenda Item
City Council
Item #: 3.16. 7/23/2024 File #: 24-0415
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 Title 17 of the Orange Municipal Code to add provisions related to Director Interpretations, City exemption from the Zoning Ordinance, tie votes, and amending the Zoning Ordinance’sappeal and Time Extension Provisions. Ordinance No. 18-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 25, 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. 18-24.

4. ATTACHMENTS
· Ordinance No. 18-24
City of Orange Printed on 7/18/2024Page 1 of 1
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346
Agenda Item
City Council
Item #: 3.16. 7/23/2024 File #: 24-0415
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 June 25, 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. 18-24.

4. ATTACHMENTS
· Ordinance No. 18-24
City of Orange Printed on 7/18/2024Page 1 of 1
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347
ORDINANCE NO. 18-24

AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17

OF THE ORANGE MUNICIPAL CODE TO ADD

PROVISIONS RELATED TO DIRECTOR

INTERPRETATIONS, CITY EXEMPTION

FROM THE ZONING ORDINANCE, TIE

VOTES, AND AMENDING THE ZONING
ORDINANCE’S APPEAL AND TIME

EXTENSION PROVISIONS
WHEREAS, staff, among other ongoing efforts, is in the process of reviewing the language contained in the City of Orange’s Title 17 (“Zoning Ordinance”) with respect to general administrative matters; and
WHEREAS, the purpose of staff’s review of language in the Zoning Ordinance is to streamline processes, where possible, clarify ambiguities and/or address issues that have either not been addressed, or are not clearly and fully addressed by the Zoning Ordinance; and WHEREAS, first, staff determined that, while provisions related to interpretations of a zoning ordinance is very common among California cities, the Zoning Ordinance’s only interpretation provision, contained in Section 17.13.070 (Land Uses Not Listed), is too narrow, pertaining to determinations related to “uses” only; and WHEREAS, staff also determined that, while many cities’ municipal codes exempt City projects (specifically, projects undertaken on City-owned property) from zoning code requirements in order to avoid additional and unnecessary expense and time, the City did not have such a provision in its zoning ordinance; and
WHEREAS, in addition, while many cities have addressed tie votes or insufficient votes in their codes, the Zoning Ordinance was silent on this matter requiring staff to apply generally accepted interpretations that should be memorialized, and augmented, in the Zoning Ordinance; and,
WHEREAS, staff also reviewed the appeal provision of the Zoning Ordinance, contained at Section 17.08.050 and determined that clarifications and edits are necessary to be consistent with City practices, other city practices, and other provisions of the OMC; and WHEREAS, finally, staff reviewed the time extension provision of the Zoning Ordinance and determined that additional time and flexibility for applicants that do not commence use or construction of a land use entitlement is advisable and warranted in order to provide a more customer-friendly development process; and
WHEREAS, staff has recommended changes to the Zoning Ordinance to address the issues enumerated herein and the City Council wishes to make such staff-initiated changes in hopes 348
2 of providing additional clarity to the Zoning Ordinance and to provide staff with additional flexibility to increase efficiency in project development; and WHEREAS, the Planning Commission, having considered the proposed changes to the OMC at a public hearing held on June 3, 2024 and having received public testimony on the item, determined the proposed ordinance serves the City’s best interests and furthers the public health, safety and general welfare; and
WHEREAS, the City Council, having now considered the proposed changes to the OMC at a public hearing held on June 25, 2024, including review of the staff report, and having received public testimony on the item, desires to adopt the proposed ordinance.

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

SECTION I:

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

SECTION II:

A new Section 17.02.050 shall be added to read as follows:

17.02.050 Director Interpretations.

In addition to any other authority that may be granted to the Community Development Director, the Director shall have the authority to make administrative interpretations whenever it is determined that an ambiguity as to the meaning or applicability of this Title 17 exists. Persons aggrieved by an official administrative interpretation of the Director may appeal the Director administrative interpretation(s) to the Planning Commission, as set forth in Section 17.08.050.

SECTION III:

Table 17.08.020 shall be amended as follows:

Table 17.08.020
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Administrative Design Review X(1)
Administrative Adjustment Permit X
Alcohol Production Permit X
Conditional Use Permit A A(1) X(1) X(1) X(1)
Design Review A/X(1) X(1)
Environmental Documentation A X(1) X(1)
349
3 Type of Procedure, Permit or Hearing CDD DRC ZA PC CC General Plan Amendment A A X
Neighborhood Preservation Overlay Applications A/X(1) X(1) Director Administrative Interpretations X
Old Towne Demolition Permit A X(1) X
Reasonable Accommodation X(1)
Site Plan Review—Major A A X
Site Plan Review— Minor X
Sober Living Permit X
Temporary Use (Non-Recurring) Permit A X(1) X(1)
Temporary Use (Recurring) Permit X
Tentative Parcel Map X(1) X(1) X(1)
Tentative Tract Map A A X
Variance A A(1) X(1) X
Zone Change A A X
Zoning Ordinance Amendment A A X
SECTION IV:

A new Section 17.02.060 shall be added to read as follows:

17.02.060 Exemption
Except as otherwise required by law, any activities, developments, and/or projects initiated by the City on City-owned property shall be exempt from the requirements of this Title.

SECTION V:

A new subsection (c) is hereby added to Section 17.08.020(B)(3) to read as follows:
c. In the event of a tie vote, the matter upon which such vote is being cast shall fail, which shall have the effect of a denial or recommendation of denial, as appropriate. Alternatively, the Planning Commission may approve a “resolution of no decision” to the City Council. In the case of an appeal, a tie vote shall constitute a denial of the appeal, which shall have the effect of affirming in whole the determination of the lower body.

SECTION VI:

Section 17.08.050 shall be amended to read as follows:

17.08.050 Appeals.

Right of Appeal. Any action taken by the Community Development Director, Zoning Administrator, or the Design Review Committee in the administration or enforcement of the provisions of this Title may be appealed by any person aggrieved by said action or determination 350
4 to the Planning Commission. Any decision of the Planning Commission may be appealed to the City Council.

SECTION VII:

Section 17.08.050 (B) shall be amended to read as follows:

B. Appeal Stays Proceedings. Unless authorized by the Community Development Director, no permits related to the proceeding shall be issued during the pendency of the proceeding.

SECTION VIII:

Section 17.08.050(C) shall be amended to read as follows:

C. Form and Content of Notice of Appeal. The notice of appeal shall be in writing and shall be filed in the Planning Division upon forms provided by the City. An appeal from any action in the administration or enforcement of this chapter shall provide a statement of the facts in sufficient detail to enable the appeal body to understand the nature of the controversy and indicate specifically the alleged error or abuse of discretion to be evaluated by the appeal body.

SECTION IX:

Section 17.08.050 (E) shall be amended to read as follows:

E. Hearing Date and Notice. Upon receipt of an appeal, the Planning Division shall receive the appeal and thereafter set a date for the matter to be heard by the applicable reviewing body and give notice of the date, time and place of the hearing to the applicant and appellant and public notice of the hearing as required in Section 17.08.040.

SECTION X:

Section 17.08.050 (F) shall be amended to read as follows:

F. Authority of Planning Commission and/or City Council. The Planning Commission and/or City Council shall consider the record and such additional information as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed.

The Planning Commission and/or City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this Title 17.

SECTION XI:

Section 17.08.060 shall be amended to read as follows:

17.08.060 Time Extensions.

A. Upon a request from an applicant, the Planning Commission may extend the period upon which to commence use or construction of the land use entitlement by a period of up to two 351
5 years. The Community Development Director may further extend the period upon which to commence use or construction of the land use entitlement by a period of up to one year. The person seeking an extension from the Planning Commission and/or Community Development Director must submit a written request to the Community Development Director prior to the expiration date and at a minimum shall explain the extenuating circumstances that have delayed construction or use of the land use entitlement. A request for an extension shall not require a public hearing provided that no conditions or other requirements are added, deleted or modified. Any such changes to the land use entitlement shall be considered an amendment to the land use entitlement and require the same notice and hearing requirements as the underlying land use entitlement.

SECTION XII:

SECTION XIII:

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
352
6 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 25th day of June, 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
353
Agenda Item
City Council
Item #: 3.17. 7/23/2024 File #: 24-0416
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 Chapter 17.44 of the Orange Municipal Code adding a new Section 17.44.210 to establish a mechanism for the transfer of development rights for purposes of creating opportunities for housing, open space, and trails. Ordinance No. 19-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was heard at a Regular Council Meeting on June 25, 2024. At this meeting the Council directed staff to amend the ordinance to include Sand and Gravel (S-G) zoning districts as an additional eligible Sending Area, per the recommendation of the Planning Commission. Staff also made minor non-substantive changes for clarification. A red-lined version of the ordinance is attached.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 19-24 as amended.

4. ATTACHMENTS
· Amended Ordinance No. 19-24
· Amended Ordinance No. 19-24 - Redline
City of Orange Printed on 7/18/2024Page 1 of 1
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354
Agenda Item
City Council
Item #: 3.17. 7/23/2024 File #: 24-0416
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 19-24 as amended.

4. ATTACHMENTS
· Amended Ordinance No. 19-24
· Amended Ordinance No. 19-24 - Redline
City of Orange Printed on 7/18/2024Page 1 of 1
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355
ORDINANCE NO. 19-24

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 17.44 OF

THE ORANGE MUNICIPAL CODE BY ADDING A
NEW SECTION 17.44.210 TO ESTABLISH A MECHA-

NISM FOR THE TRANSFER OF DEVELOPMENT

RIGHTS TO CREATE OPPORTUNITIES FOR HOUS-

ING, OPEN SPACE, AND TRAILS

WHEREAS, as a largely built-out community with constrained resources, Orange has lim- ited opportunities to bring forward new parks, trails, and housing to address a long-standing com- munity parkland deficiency, interest in recreational trails, and housing needs identified by the State of California; and

WHEREAS, the General Plan Land Use, Circulation and Mobility, Natural Resources, Economic Development, and Housing Elements include goals, policies, and narratives that express the high priority the community places on the protection and creation of open space and trails, and meeting the housing needs of the community and local business employment base; and

WHEREAS, Ordinance No.19- 24 provides the city with a mechanism to achieve the goals and policies of the General Plan Land Use, Housing, Natural Resources, Circulation and Mobility, and Economic Development Elements, and to implement General Plan Implementation Program I-5 and Housing Element Policy Action 2E which identify a transfer of development rights ordi- nance as a means of creating opportunities for housing and open space in portions of the city with Urban Mixed Use zoning; and

WHEREAS, the Planning Commission, having considered the proposed changes to the OMC contained in Ordinance No. 19 -24 at a public hearing held on June 3, 2024, and having received public testimony on the item, determined the proposed ordinance serves the City’s best interests and furthers the public health, safety and general welfare and recommended City Council adoption of Ordinance No. 19-24; and

WHEREAS, the City Council, having now considered the proposed changes to the OMC contained in this Ordinance No. 19 -24 at a public hearing held on _____, and having received public testimony on the item, desires to adopt the proposed ordinance.

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

SECTION I:

Final Program Environmental Impact Report (EIR) No. 1815 -09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the Califor- nia Environmental Quality Act (CEQA). The proposed activity is within the scope of the previ- ously approved General Plan and is adequately described in the previously certified General Plan 356
2 Program EIR for purposes of CEQA. This Ordinance is also exempt from the California Environ- mental Quality Act CEQA pursuant to, but not limited to, State CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) because it establishes a mech- anism that relieves development pressure on privately owned property designated for open space and residential development. Therefore, no further CEQA documentation is required.

SECTION II:

Section 17.44.210 is hereby added to Chapter 17.44 of the Orange Municipal Code as follows:

17.44.210 Transfer of Development Rights.

A development agreement entered into pursuant to this Chapter 17.44 of the Zoning Ordinance may include provisions for the Transfer of Development Rights as set forth below.

Transfer of development rights (TDR) allows the owner of property in a Sending Area, as defined, to voluntarily sell and transfer certain rights to develop to the owner of property in a Receiving Area, as defined. The intent of the TDR process is to provide a mechanism to facilitate housing development in certain areas of the community while preserving certain undeveloped property to facilitate the development of parks and recreational trails.

The transfer/elimination of development rights from the Sending Area shall be separately recorded as a deed restriction on the property at issue prohibiting future development based on the same rights that were transferred to the Sending Area property in perpetuity. The TDR to the Receiving Area property will be memorialized in the development agreement.

A. TDR Sending Areas. In accordance with the requirements in this Section, development rights may be severed and sold from properties located in the following TDR Sending Areas:

1. Privately-Owned Open Space Sending Area. To preserve their habitat and other environ- mental benefits as undeveloped open space, properties in this Sending Area that are located fully within the Recreation Open Space, R -O zoning district, are eligible for TDR as a Sending Area property, except properties reserved as “open space” in conjunction with the approval of a tentative tract map.

2. Former Rail Right-of-Way Sending Area. To preserve land for public trails, the portion of properties that were formerly in the rail right-of-way and are either zoned with a residential classification or are un-zoned with a General Plan designation that includes residential use are eligible for TDR as a Sending Area property.

3. Resource Area Sending Area. To protect the public from areas unsuitable for development and provide opportunities for recreation and open space, properties in this Sending Area that are located fully within both the General Plan Designation Resource Area and Sand and Gravel (S-G) zoning district, are eligible for TDR as a Sending Area property.

B. TDR Receiving Areas. In accordance with the requirements in this Section, development rights may be used to increase the allowable residential density for properties located fully within 357
3 the Urban Mixed Use (UMU) zoning district, as contained in the City’s Official Zoning Map, which generally, at the time of the adoption of this Ordinance, includes properties along Katella Avenue, Rampart Street, The City Drive, and Town and Country Drive.

C. TDR Sending/Receiving Areas In accordance with the requirements in this Section, de- velopment rights may be transferred within the Urban Mixed Use Zone areas, which shall be both Sending and Receiving Areas, by properties located fully within the Urban Mixed Use (UMU) zoning district, as contained in the City’s Official Zoning Map, which generally, at the time of the adoption of this Ordinance, includes properties along Katella Avenue, Rampart Street, The City Drive, and Town and Country Drive.

D. TDR Credits. Development rights are expressed as a TDR credit, where one credit is equal to one residential dwelling unit. The use of TDR by an applicant is completely voluntary, and the price of the development rights is individually negotiated on a case -by-case basis between two willing property owners. The City shall maintain a publicly available ledger that records TDR credits certified by the City, development rights severed by Sending Area property owners, and TDR credits retired and used to incr ease the density of development by Receiving Area property owners.

E TDR Certification. Upon request of a Sending Area property owner and in conjunction with a completed application and payment of a fee that the City Council may adopt or amend, from time to time, by resolution, the Director of Community Development may certify the number of TDR credits which a property in a Sending Area can sever and sell, in accordance with the follow- ing:

1. Application for TDR Certification

The application for TDR certification shall include, at a minimum, the following:
a. A copy of the deed to the lot or parcel;
b. A title search completed within the six months prior to the application establishing whether the lot or parcel is subject to a deed restriction, or any other condition, covenant, or restriction that would prohibit or limit development on the lot or par- cel;
c. A conceptual property plan showing the development capacity of the lot or parcel and demonstrating compliance with setbacks, parking requirements, and all other applicable development standards;
d. The address of the property owner or agent thereof to which the City may send correspondence regarding TDR certification, renewal, expiration, and any intended retirement of development rights pursuant to a development agreement that the City intends to execute; and
e. Any other information deemed necessary by the Community Development Direc- tor.
358
4 2. TDR Credits.
a. Residential or Mixed -Use Sending Area Properties. For eligible Sending Area properties located in a residential zoning district or in an Urban Mixed Use (UMU) zoning district, the number of TDR credits shall equal the maximum number of residential dwelling units that the General Plan land use designation or the zoning district classification, whichever is higher, would allow to be constructed after ac- counting for any restrictions that would prohibit or limit residential development, less the number of residential dwelling units existing on the lot or parcel at the time of the application for TDR certification. The number of TDR credits shall be rounded down to the nearest one-tenth unit.

b. Former Right-of-Way Sending Area Properties. For eligible Sending Area proper- ties located in the former rail right-of-way Sending Area and located in a residential zoning district or un-zoned with a General Plan designation that includes residential use, only the portion of the property that was formerly within the rail right-of-way shall be used to determine the number of TDR credits. Each such property shall have a minimum development right of one dwelling unit solely for the purpose of calculating TDR credits that can be severed and sold. The City may certify twice the number of TDR credits if the Sending Area property owner grants a public easement to use the portion of the property that was formerly in the rail right -of- way as a public trail.

c. Recreation Open Space and Sand and Gravel Zoned Sending Properties. For eligi- ble Sending Area properties located in the Recreation Open Space (R -OS) zoning district or Sand and Gravel (S -G) zoning district, the development rights shall be expressed as equivalent dwelling units based on the maximum allowable density under the abutting residential land use district. Should there be more than one abut- ting residential land use district, the district with the h igher density shall serve as the reference. The number of TDR credits shall equal the property area, measured in square feet or acreage, as appropriate, after accounting for any restrictions that would restrict or limit development, divided by the theoretical maximum density.

The number of TDR credits shall be rounded down to the nearest one -tenth unit.

The City may certify twice the number of TDR credits if the Sending Area property owner grants a public easement to use the property for public parks and open space.

3. Determinations. The Community Development Director shall have sole discretion in making the determination as to the number of TDR credits, with appeal rights as set forth in Section 17.08.050
359
5 4. Expiration of TDR Certification. Any TDR certification issued by the City shall be used within one calendar year from the date of issuance and may be renewed for up to two one- year periods upon submission of an application for extension and the payment of any fee that the City Council may adopt and amend, from time and time, by resolution, for both application and renewal of the TDR certification. The initial certification and any renewals granted by the City shall be recorded in the TDR Ledger. When a TDR certification has expired, the property owner may reapply for a new certification. Execution of a Development Agreement that includes the TDR credits in accordance with th is Chapter shall constitute a use of development rights.

5. Eligibility. Properties eligible for TDR as part of a Sending Area or Receiving Area must have been zoned as an eligible classification on the effective date of this Ordinance, except that properties zoned Commercial Recreation or un-zoned as of the effective date of this Ordinance that are re-zoned or zoned to Urban Mixed Use to achieve General Plan consistency shall be eligible for TDR.

B. Sale of TDR Development Rights

1. Sales. TDR credits may be sold at the discretion of the owner of an eligible Sending Area property, as defined in Section A, only after the TDR credits have been certified by the City in accordance with Section D.

2. Purchases. TDR credits may only be transferred to and retired by the owner of an eligible Receiving Area property, as defined in Section B, pursuant to a development agreement in accordance with Section H.

3. City Sales and Purchases. The requirements of Section F(2) notwithstanding, the City of Orange may purchase and hold TDR credits and may sell TDR credits to owners of eligible Receiving Area properties when, in the sole discretion of the City, the sales and purchases of such TDR credits would improve the market for development rights and further implement the General Plan.

a. Any and all City purchases of TDR credits shall be with the voluntary consent of the Sending Area property owner. The City may use a reverse auction to ensure that it pays the lowest available price for TDR credits.

b. Any and all City sales of TDR credits shall be with the voluntary consent of the Receiving Area property owner. The City may use an auction to ensure that it re- ceives the highest acceptable price for TDR credits.

4. Development Agreement Required for Transfer. TDR development rights may only be transferred in conjunction with the adoption and execution of a development agreement in accordance with Section H and any other applicable provisions of this Municipal Code.

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6 C. Use of TDR Credits

1. Use of TDR Credits. Pursuant to an executed development agreement, the City may allow each TDR credit purchased from a Sending Area property to be used on an eligible Receiving Area property to construct one residential dwelling unit in excess of the maximum density permitted under the General Plan designation or zoning classification, whichever is greater. Fractional TDR credits may only be used when bundled with other fractional TDR credits to yield one full TDR credit.

2. Maximum Density. The use of TDR credits may increase the density up to 25 percent of the maximum density permitted under the General Plan designation or zoning district classification for the eligible Receiving Area property.

3. Compliance with Development Standards . The use of TDR credits on an eligible Receiving Area property allows only for an increase in the maximum density. All other legal requirements such as development standards, fire, building and other Codes, allowable uses, and other requirements applicable to the zoning district remain in force, including but not lim ited to, height limitations, setbacks and yard requirements, parking standards, and open space requirements.

4. Density Bonus. The owner of an eligible Receiving Area property may use TDR credits to exceed the maximum allowable density for a property’s General Plan land use designation and also may use the density bonus provision for affordable housing included in Chapter 17.15, Density Bonus. When a property owner intends to use both TDR credits and the affordable housing density bonus, the calculation of the allow able affordable housing density bonus shall be calculated before the application of TDR credits.

D. Development Agreements for Transfer of Development Rights . The application for a development agreement for the TDR , the development agreement, the review and approval process, and recordation, shall comply with the requirements of this Chapter. The following additional requirements shall also apply:

1. The application for a development agreement for the TDR shall include:

a. A title search completed within the six months prior to the application establishing whether the Sending Area property is subject to a deed restriction, or any other condition, covenant, or restriction that would prohibit or limit development on the property;

b. A copy of the TDR certification;

c. An agreement executed by the Sending Area property owner in favor of the City of Orange, in a form acceptable to the City Attorney, to be recorded as a deed restrict- ing future residential development on the Sending Area property from which de- velopment rights are being severed;

361
7 d. An agreement executed by the Sending Area property owner in favor of the City of Orange, in a form acceptable to the City Attorney, to be recorded to grant a public easement for a public trail or for a public park and open space, if any of the devel- opment rights are derived from the grant of such a public easement, pursuant to Section D(2) or D(3) above;

e. A project description identifying the number of residential dwelling units allowed by the General Plan land use designation and the zoning district classification of the Receiving Area lot(s) or parcel(s) and the resulting density, the number of TDR credits being applied to and retired for the proposed project, and the total number of residential dwelling units in the proposed project and the resulting density; and

f. Any other information deemed necessary by the Community Development Director

2. The development agreement shall identify the number and source of all development rights being used by the proposed Receiving Area property and shall indicate that the recording of the development agreement shall act to sever the development rights from the Sending Area property and vest them in the Receiving Area property.

3. In addition to recording the development agreement in accordance with Section 17.44.150, the City Clerk shall record with the County Recorder any related deed restrictions limiting or prohibiting development on the Sending Area property, deeds conveying public easements, and deeds conveying land for public parks and open space, no later than 10 days after the City enters into the development agreement.

4. Recording of the development agreement shall vest the development rights with the Receiving Area property. The provisions of Section 17.44.160 notwithstanding, no amendment or cancellation of the development agreement shall remove the development rights vested in the Receiving or Sending Area property. The only recourse to reallocate the development rights is to commence a new process to sever and sell the development rights and transfer them to an eligible Receiving Area property

SECTION III:

If any section, subdivision, paragraph, 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 Ordi- nance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fac that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION IV:

362
8 APPROVED 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 ___ day of _____________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2024 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
363
ORDINANCE NO. 19-24

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 17.44 OF

THE ORANGE MUNICIPAL CODE BY ADDING A
NEW SECTION 17.44.210 TO ESTABLISH A MECHA-

NISM FOR THE TRANSFER OF DEVELOPMENT

RIGHTS TO CREATE OPPORTUNITIES FOR HOUS-

ING, OPEN SPACE, AND TRAILS

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

SECTION I:

Final Program Environmental Impact Report (EIR) No. 1815 -09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the Califor- nia Environmental Quality Act (CEQA). The proposed activity is within the scope of the previ- ously approved General Plan and is adequately described in the previously certified General Plan 364
2 Program EIR for purposes of CEQA. This Ordinance is also exempt from the California Environ- mental Quality Act CEQA pursuant to, but not limited to, State CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) because it establishes a mech- anism that relieves development pressure on privately owned property designated for open space and residential development. Therefore, no further CEQA documentation is required.

SECTION II:

Section 17.44.210 is hereby added to Chapter 17.44 of the Orange Municipal Code as follows:

17.44.210 Transfer of Development Rights.

A development agreement entered into pursuant to this Chapter 17.44 of the Zoning Ordinance may include provisions for the Transfer of Development Rights as set forth below.

A. TDR Sending Areas. In accordance with the requirements in this Section, development rights may be severed and sold from properties located in the following TDR Sending Areas:

1. Privately-Owned Open Space Sending Area. To preserve their habitat and other environ- mental benefits as undeveloped open space, propert iesy in this Sending Area that are lo- cated fully within the Recreation Open Space, R-O zoning district, are eligible for TDR as a Sending Area property, except properties reserved as “open space” in conjunction with the approval of a tentative tract map.

2. Former Rail Right-of-Way Sending Area. To preserve land for public trails, the portion of propertiesy that were formerly in the rail right-of-way and are either zoned with a residen- tial classification or are un-zoned with a General Plan designation that includes residential use are eligible for TDR as a Sending Area property.

B. TDR Receiving Areas. In accordance with the requirements in this Section, development rights may be used to increase the allowable residential density for properties located fully within 365
3 the Urban Mixed Use (UMU) zoning district, as contained in the City’s Official Zoning Map, which generally, at the time of the adoption of this Ordinance, includes properties along Katella Avenue, Rampart Street, The City Drive, and Town and Country Drive.

1. Application for TDR Certification

The application for TDR certification shall include, at a minimum, the following:
a. A copy of the deed to the lot or parcel;
b. A title search completed within the six months prior to the application establishing whether the lot or parcel is subject to a deed restriction, or any other condition, covenant, or restriction that would prohibit or limit development on the lot or par- cel;
c. A conceptual property plan showing the development capacity of the lot or parcel and demonstrating compliance with setbacks, parking requirements, and all other applicable development standards;
d. The address of the property owner or agent thereof to which the City may send correspondence regarding TDR certification, renewal, expiration, and any intended retirement of development rights pursuant to a development agreement that the City intends to execute; and
e. Any other information deemed necessary by the Community Development Direc- tor.
366
4 2. TDR Credits.
a. Residential or Mixed -Use Sending Area Properties. For eligible Sending Area properties located in a residential zoning district or in an Urban Mixed Use (UMU) zoning district, the number of TDR credits shall equal the maximum number of residential dwelling units that the General Plan land use designation or the zoning district classification, whichever is higher, would allow to be constructed after ac- counting for any restrictions that would prohibit or limit residential development, less the number of residential dwelling units existing on the lot or parcel at the time of the application for TDR certification. The number of TDR credits shall be rounded down to the nearest one-tenth unit. The Community Development Direc- tor shall have sole discretion in making the determination as to the number of TDR credits, with appeal rights as set forth in Section 17.08.050.

c. Recreation Open Space and Sand and Gravel Zoned Sending Properties. For eli- gible Sending Area properties located in the Recreation Open Space (R-OS) zoning district or Sand and Gravel (S-G) zoning district, the development rights shall be expressed as equivalent dwelling units based on the maximum allowable density under the abutting residential land use district. Should there be more than one abut- ting residential land use district, the district with the h igher density shall serve as the reference. The number of TDR credits shall equal the property area, measured in square feet or acreage, as appropriate, after accounting for any restrictions that would restrict or limit development, divided by the theoreti cal maximum density.

The number of TDR credits shall be rounded down to the nearest one -tenth unit.

The City may certify twice the number of TDR credits if the Sending Area property owner grants a public easement to use the property for public parks and open space.

3. Determinations. The Community Development Director shall have sole discretion in making the determination as to the number of TDR credits, with appeal rights as set forth in Section 17.08.050.

367
5 4. Expiration of TDR Certification. Any TDR certification issued by the City shall be used within valid for one calendar year from the date of issuance and may be renewed for up to two one-year periods upon submission of an application for extension and the payment of any fee that the City Council may adopt and amend, from time and time, by resolution, for both application and renewal of the TDR certification . The initial certification and any renewals granted by the City shall be recorded in the TDR Ledger. When a TDR certification has expired, the property owner may reapply for a new certification. Execution of a Development Agreement that includes the TDR credits in accordance with this Chapter shall constitute a use of development rights.

B. Sale of TDR Development Rights

4. Development Agreement Required for Transfer . TDR development rights may only be transferred in conjunction with the adoption and execution of a development agreement in accordance with Section H and any other applicable provisions of this Municipal Code.

C. Use of TDR Credits

368
6 1. Use of TDR Credits. Pursuant to an executed development agreement, the City may allow each TDR credit purchased from a Sending Area property to be used on an eligible Receiving Area property to construct one residential dwelling unit in excess of the maximum density permitted under the General Plan designation or zoning classification, whichever is greater. Fractional TDR credits may only be used when bundled with other fractional TDR credits to yield one full TDR credit.

1. The application for a development agreement for the TDR shall include:

b. A copy of the TDR certification;

369
7 d. An agreement executed by the Sending Area property owner in favor of the City of Orange, in a form acceptable to the City Attorney, to be recorded to grant a public easement for a public trail or for a public park and open space, if any of the devel- opment rights are derived from the grant of such a public easement, pursuant to Section D(2) or D(3) above;

f. Any other information deemed necessary by the Community Development Director

SECTION III:

SECTION IV:

370
8 APPROVED this ____ day of ____________, 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
371
Agenda Item
City Council
Item #: 3.18. 7/23/2024 File #: 24-0417
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 Title 17 of the Orange Municipal Code updating accessory dwelling unit provisions of the Orange Municipal Code in response to changes in state law and guidance from the Department of Housing and Community Development. Ordinance No. 20-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 25, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 20-24.

4. ATTACHMENTS
· Ordinance No. 20-24
City of Orange Printed on 7/18/2024Page 1 of 1
powered by Legistar™
372
Agenda Item
City Council
Item #: 3.18. 7/23/2024 File #: 24-0417
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 June 25, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 20-24.

4. ATTACHMENTS
· Ordinance No. 20-24
City of Orange Printed on 7/18/2024Page 1 of 1
powered by Legistar™
373
ORDINANCE NO. 20-24

AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17 OF

THE ORANGE MUNICIPAL CODE UPDATING

ACCESSORY DWELLING UNIT PROVISIONS OF

THE ORANGE MUNICIPAL CODE IN RESPONSE

TO CHANGES IN STATE LAW AND GUIDANCE

FROM THE DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT
WHEREAS, in 2019, the State Legislature enacted new laws related to Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), formerly known as “second units” or “granny flats, including Assembly Bills (“AB”) 68, 881, 587, 670 and Senate Bill (“SB”) 13; and
WHEREAS, in enacting new laws, the Legislature aimed to address barriers to the development of ADUs and JADUs that may occur under existing local ordinances and establish certain minimum standards for approving such dwelling units, and WHEREAS, on or about April 13, 2021, the City adopted Ordinance No. 03-21 codifying rules and regulations pertaining to ADUs and JADUs in accordance with State law mandates at that time and in efforts to address California’s continuing housing crisis; and WHEREAS, since 2020, the Legislature has made numerous changes to ADU law, as contained in, but not limited to, AB 671, 976, AB 897, 1332, 1033, which have made both substantive and non-substantive changes to the ADU and JADU laws; and WHEREAS, the State Legislature also recently re-codified ADU laws from Government Code Sections 65852.2, et. seq. to Government Code Section 66310, et. seq.; and WHEREAS, staff has reviewed Chapter 17.29 of the Orange Municipal Code (“OMC”), the Chapter enacted to comply with ADU laws, and has proposed numerous changes in order to be consistent with new State laws and Housing and Community Development Department (“HCD”) guidance; and
WHEREAS, the Planning Commission, having considered the proposed changes to the OMC at a public hearing held on May 6, 2024, and having received public testimony on the item, determined the proposed ordinance serves the City’s best interests and furthers the public health, safety and general welfare; and
WHEREAS, the City Council now desires to revise OMC Chapter 17.29 to be consistent with the most recent changes to State law regarding ADUs and JADUs and HCD guidance and to make further clarifications consistent with State law in order to ensure the City’s continued compliance with the letter and spirit of ADU laws.
374
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

This ordinance is statutorily exempt under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17 and Title 14, California Code of Regulations Section 15282(h) which exempts adoption of an ordinance regarding second units to implement provisions of Sections 66310, et. seq. of the Government Code SECTION II:

Section 17.29.030(H) is hereby added to read:

H. A deed restriction shall only be required for JADUs, in accordance with Section 17.29.200, and shall not be required for ADUs.

SECTION III:

Subsection A of Section 17.29.040 (Location and Number of ADUs and JADUs Permitted) shall be amended to read as follows:

A. Allowable Location and Number of JADUs.

1. JADUs are allowed only within the livable area of an existing or proposed single-family dwelling, or existing attached garage of a single-family dwelling.

2. One JADU is permitted per lot, if all of the following apply:
a. No expansion of the single-family dwelling or garage footprint shall occur to facilitate JADU construction.
b. The JADU shall comply with the requirements of Government Code Section 66333, Health and Safety Code Section 17958.1, and the California Building Code including:
i. Prior to occupancy, the JADU shall have a recorded deed restriction, satisfactory to the City and be filed with the City, that prohibits the sale of the JADU separate from the sale of the single-family residence except as provided by Government Code Section 66333 and shall include a statement that the deed restriction may be enforced against future purchasers and shall run with the land. ii. The JADU shall be restricted to the size and attributes shown on plans approved with the building permit.
iii. JADU occupancy shall be limited to no more than two persons consistent with California Health and Safety Code Section 17958.1. 375
3 iv. The JADU shall be constructed entirely within the walls of the proposed or existing single family residence and may be located within an attached garage but may not be in any other accessory structure.
v. The JADU shall include exterior access separate from the main entrance to the proposed or existing single-family residence.

3. The JADU shall, at a minimum, include all the following:
a. An efficiency kitchen with a cooking facility and appliances. b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
c. A separate closet.
d. Light and ventilation conforming to the California Building Code. e. Either a separate bathroom containing a water closet, lavatory, and bathtub or shower or direct access to such facilities in the existing single-family residence.

SECTION IV:

Section 17.29.055 is hereby added to read:

17.29.055 ADUs and Historic Preservation
A. The City may apply design standards on ADUs to prevent adverse impacts on any real property that is listed in the California Register of Historical Resources.

B. ADUs in a historic district, and individually listed historic properties outside of a historic overlay district, are subject only to the applicable design standards for that property or district to the extent permitted by State law and any other appropriate objective design standards contained in this Code.

C. Garage doors on contributing structures in the historic districts and on individually listed historic resources shall be preserved in place but finished so that they are inoperable. Non- contributing garages and accessory structures with non-historic doors, including garage doors, may be replaced with a compatible door style or infilled in the original opening, provided that a historical assessment acceptable to the Community Development Director confirms that the garage or accessory structure is not eligible for listing as a contributing structure.

SECTION V:

Subsection B of Section 17.29.080 (ADU Setbacks) shall be amended to read as follows:

B. ADUs of 800 Square Feet or Less.
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4 1. Setbacks of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

2. Front setbacks shall be pursuant to the setback for the zoning district, except that setback requirements will not be applied to prohibit ADU construction where there is no other feasible alternative to allow for construction of an 800 square feet ADU that meets height limits and complies with the four-foot side and rear yard setback requirements.

3. An Administrative Adjustment may not be granted to lessen required setbacks.

SECTION VI:

Section 17.29.090 (ADU and JADU Design Standards) shall be amended to read as follows:

17.29.090 ADU and JADU Design Standards
A. The City may impose standards, including, but not limited to, design and development standards, on ADUs, to the extent permitted by State law.

B. No provisions applied to ADUs, including, but not limited to, design and development standards, shall be so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of a homeowner to create accessory dwelling units in zones in which they are authorized.

C. An ADU or JADU that complies with the requirements of State law shall be subject only to objective design and development standards contained in or referenced by this Code, including, but not limited to, the following:

1. Design elements and detailing shall be continued completely around the structure.

Such design elements shall include window treatments, trim detailing, exterior wall materials, and color palette. Firewalls are not exempt from the required design elements.

2. At least two (2) building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least 20% of the building frontage.

3. At least two (2) exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.

4. Trash receptacles locations shall be identified on project plans and shall demonstrate screening from public view via equivalent-height landscaping or a solid wall or fence.

5. Linear streetscape appearance in the building facade shall be avoided by providing variations in horizontal plane in a minimum of 50% of the building front and street side elevations. Variations shall include indentations, recesses, or projections of two (2) feet 377
5 or greater. Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight (8) feet in height and project a minimum of eight (8) inches from the building face.

6. Units shall include a minimum three (3) element(s) from the following list to add visual variety and interest to building facades and enhance the connection between public and private realms: eaves, cornices, trellises, overhangs, exposed structural elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest.

7. Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two (2) inches in depth.

8. Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.

9. No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.

10. For all new construction ADUs, roof forms and pitch shall match the principal residence, except that, if the roof pitch cannot match the principal residence, the pitch shall be constructed and maintained consistent with the architectural style of the primary residence.

SECTION VII:

A new Section 17.29.095 (Height Limits) is hereby added to read as follows:

17.29.095 Height Limits
A. 16 feet for detached ADUs.

B. 18 feet for detached ADUs on a lot within one-half mile of a major transit stop or transit corridor as defined by State law. An allowance of two additional feet may be allowed to accommodate a roof pitch that is aligned with the principal residence.

C. 18 feet for detached ADUs on a lot with an existing or proposed multi-family, multi-story residence.

D. 25 feet or the height limit for the underlying zone classification, whichever is lower, for ADUs that will be attached to the principal residence. The ADU shall not exceed two stories in height.

SECTION VIII:

Section 17.29.110 (Number of Bedrooms) is hereby deleted. 378
6 SECTION IX:

Subsection E to Section 17.29.130 is hereby added as follows:

C. The foregoing parking standards are not intended to prohibit ADUs on the same lots that new single- and/or multi-family dwelling units are being proposed, provided that the ADU meets all other specified requirements.

SECTION X:

Section 17.29.150 is hereby deleted.

SECTION XI:

Section 17 .29.200 Deed Restriction Required for JADU.

Recordation of a deed restriction, approved as to form by the City Attorney, shall be required for a JADU and shall:

A. Run with the land.

B. Be filed with the City after recording.

C. Prohibit the sale of the JADU separate from the sale of the primary dwelling.

D. Include a statement that the deed restriction may be enforced against future purchasers.

E. Deed restrictions for JADUs shall restrict the size and attributes as stated in the permit.

SECTION XII:

To the extent required to implement the provisions of this Ordinance, City staff is directed to modify any Administrative Policies in conflict herewith and return to the City Council for any City Council approvals deemed necessary.

SECTION XIII:

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 25th day of June, 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 #: 3.19. 7/23/2024 File #: 24-0388
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Grant a utility easement to Southern California Edison on City of Orange property to facilitate the installation of a customer-installed transformer.

2. SUMMARY
The granting of this easement for utility purposes on City owned property will provide the necessary support for a customer-installed transformer to serve new businesses at 208 and 212 E. Chapman Avenue.

3. RECOMMENDED ACTION
Approve grant of a utility easement on City property in favor of Southern California Edison; and authorize the Mayor to execute the easement deed from the City to Southern California Edison.

4. FISCAL IMPACT
None.

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
e: Create an environment to attract, retain, and expand economic opportunities.

6. DISCUSSION AND BACKGROUND
Southern California Edison (SCE) has requested a utility easement for a customer-installed transformer to serve new businesses at 208 and 212 E. Chapman Avenue within a City owned parking lot.

The easement area will cover the structure the transformer sits on, the transformer, and primary line going to the transformer.

The City Council action is to authorize the granting of a utility easement on City property in favor of SCE, and to authorize the Mayor to execute the easement deed from the City to Southern California Edison.

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7. ATTACHMENTS
· Easement Deed
· Plat Map
· Work Location Map
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Agenda Item
City Council
Item #: 3.19. 7/23/2024 File #: 24-0388
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Grant a utility easement to Southern California Edison on City of Orange property to facilitate the installation of a customer-installed transformer.

4. FISCAL IMPACT
None.

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
e: Create an environment to attract, retain, and expand economic opportunities.

The easement area will cover the structure the transformer sits on, the transformer, and primary line going to the transformer.

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7. ATTACHMENTS
· Easement Deed
· Plat Map
· Work Location Map
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Agenda Item
City Council
Item #: 3.20. 7/23/2024 File #: 24-0433
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Request to close the Orange Public Library & History Center for various dates during Fiscal Year 2024-2025.

2. SUMMARY
Annually, the Orange Public Library & History Center is closed to the public to accommodate various events.

3. RECOMMENDED ACTION
Approve closure of the Orange Public Library & History Center to the public as described in the staff report.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Fiscal Year 2024-2025 closure dates
· August 30 - 31 - The Orange International Street Fair takes place Labor Day weekend. The Orange Public Library & History Center closes at 2:00 p.m. on that Friday and all day on Saturday. As the Library parking lot is used for fundraising, it is not feasible to remain open.

Both El Modena and Taft Branch Libraries will maintain their regular business hours during this time.
· November 27 - Due to limited public use, the Orange Public Library & History Center closes at 6:00 p.m. on the Wednesday evening prior to the Thanksgiving Day holiday. · May 3 - As its parking lot is inaccessible most of the day due to the Orange May Parade, the Orange Public Library & History Center receives limited public use, and nearby parking is a challenge for the public, volunteers, and staff. The Library closes all day on Saturday. Both El City of Orange Printed on 7/18/2024Page 1 of 2
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Item #: 3.20. 7/23/2024 File #: 24-0433
Modena and Taft Branch Libraries will maintain their regular business hours during this time.

Full time staff regularly scheduled to work during these closures will be scheduled at the branches in lieu of part time staff unless they opt to take vacation time. Notification of these closures will be communicated as usual through library signage, social media, and online calendars and announcements.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.20. 7/23/2024 File #: 24-0433
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Request to close the Orange Public Library & History Center for various dates during Fiscal Year 2024-2025.

2. SUMMARY
Annually, the Orange Public Library & History Center is closed to the public to accommodate various events.

3. RECOMMENDED ACTION
Approve closure of the Orange Public Library & History Center to the public as described in the staff report.

4. FISCAL IMPACT
None.

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

Both El Modena and Taft Branch Libraries will maintain their regular business hours during this time.
· November 27 - Due to limited public use, the Orange Public Library & History Center closes at 6:00 p.m. on the Wednesday evening prior to the Thanksgiving Day holiday. · May 3 - As its parking lot is inaccessible most of the day due to the Orange May Parade, the Orange Public Library & History Center receives limited public use, and nearby parking is a challenge for the public, volunteers, and staff. The Library closes all day on Saturday. Both El City of Orange Printed on 7/18/2024Page 1 of 2
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Modena and Taft Branch Libraries will maintain their regular business hours during this time.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.21. 7/23/2024 File #: 24-0437
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Quitclaim of Storm Drain Easement at 1983 North Agate Street.

2. SUMMARY
Quitclaim of existing storm drain easement at 1983 North Agate Street. The existing storm drain has collapsed, and there is no longer a need for this bypass storm drain.

3. RECOMMENDED ACTION
Authorize the Mayor to execute a Quitclaim Deed of the storm drain easement to The Moving On Family Trust dated 11-17-2022, Wayne Joseph Vandal and Mercedita C. Vandal as co-Trustees at 1983 North Agate Street (APN 372-333-01).

4. FISCAL IMPACT
None.

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
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
The co-trustees at 1983 North Agate Street, Wayne Joseph Vandal and Mercedita C. Vandal, have requested the vacation of the six-foot wide City easement on the north side of the property due to the collapsed condition of the existing storm drain. Co-trustees claim the storm drain is in poor condition, not used, and does not serve a purpose. Co-trustees are requesting the City to vacate the easement to allow for a future accessory dwelling unit. City inspection and assessment conducted confirmed that the storm drain is no longer functional and does not serve its intended purpose.

Given that the storm drain is no longer needed, staff recommends approval of the Quitclaim Deed of the storm drain easement to The Moving On Family Trust dated 11-17-2022, Wayne Joseph Vandal and Mercedita C. Vandal as Co-trustees at 1983 North Agate Street and authorize the Mayor to sign the Quitclaim Deed.

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7. ATTACHMENTS
· Quitclaim Deed
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Agenda Item
City Council
Item #: 3.21. 7/23/2024 File #: 24-0437
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Quitclaim of Storm Drain Easement at 1983 North Agate Street.

2. SUMMARY
Quitclaim of existing storm drain easement at 1983 North Agate Street. The existing storm drain has collapsed, and there is no longer a need for this bypass storm drain.

4. FISCAL IMPACT
None.

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
d: Effectively manage and develop City assets.

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7. ATTACHMENTS
· Quitclaim Deed
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RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

CITY OF ORANGE
c/o City Clerk
300 East Chapman Avenue
Orange, California 92866

MAIL TAX STATEMENTS TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE

EXEMPT- RECORDING REQUESTED UNDER
GOVERNMENT CODE 6103 & 27383

_____________________________ City of Orange LOCATION: Signature of Declarant or Agent Firm Name 1983 N Agate Street Determining Tax Orange, CA 92867
A.P.N. 372-333-01

Exempt From Transfer Tax R&T Section 11922

QUITCLAIM DEED

FOR A VALUABLE CONSIDERATION, receipt of which is hereby ac knowledged, CITY OF ORANGE , a Municipal Corporation (“Grantor”) hereby quitclaim(s) and convey(s) to THE MOVING ON FAMILY TRUST DATED 11 -17-2022, WAYNE JOSEPH VANDAL AND MERCEDITA C. VANDAL AS CO -TRUSTEES (“Grantee”), all that real property and easement situated in the City of Orange, County of Orange, State of California, described as follows:

THE NORTHERLY 6-FOOT WIDE EASEMENT FOR DRAINAGE PURPOSES OF LOT 12 OF TRACT NO. 3795, IN

THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 137, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

DATED
STATE OF CALIFORNIA }
COUNTY OF ORANGE }

CITY OF ORANGE,
a municipal corporation

BY:

Daniel R. Slater
Mayor

R/W Deed #

398

ACKNOWLEDGMENT

State of California
County of _____________________________)

On _____________________

____ before me, ______ ___________________________________ (insert name and title of the officer)

personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

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401
Agenda Item
City Council
Item #: 8.1. 7/23/2024 File #: 24-0441
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Continued Public Hearing to consider rezoning of public-school properties to Public Institution to establish consistency with the Public Facilities and Institutions General Plan Land Use Designation; and introduction and First Reading of associated Ordinance No. 14-24 (Zone Change No. 1313-24). (Continued from June 11, 2024)

2. SUMMARY
Public school elementary, middle, and high school campuses have a General Plan Land Use Designation of Public Facilities and Institutions yet have a long-standing residential and Recreation Open Space zoning. The Zoning Classification that corresponds to the Public Facilities and Institutions General Plan Designation is Public Institution. State law requires zoning to be consistent with the General Plan. The subject zone change addresses this requirement.

This public hearing was continued by the City Council on June 11, 2024 to the July 23, 2024 City Council meeting.

3. RECOMMENDED ACTION

1. Conduct and close Public Hearing.

2. Introduce and conduct First Reading of Ordinance No. 14-24. An Ordinance of the City Council of the City of Orange approving Zone Change No. 1313-24 re-zoning Public School sites to the Public Institution Zoning Classification to establish consistency with the Public Facilities and Institutions General Plan Land Use Designation of the Public School Sites in accordance with State law.

3. Find that Zone Change No. 1313-24 is within the scope of the previously certified Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update certified on March 9, 2010.

4. FISCAL IMPACT
None.

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

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Item #: 8.1. 7/23/2024 File #: 24-0441

6. DISCUSSION AND BACKGROUND
Public school campuses in Orange have had long-standing residential and recreational open space Zoning Classifications despite having established General Plan Land Use Designation of Public Facilities and Institutions (PFI). The Zoning Classification that corresponds to the PFI General Plan Land Use Designation and that is appropriate for the school sites is Public Institution (PI). State law requires zoning to be consistent with the General Plan designation. The subject Zone Change is part of the ongoing reconciliation of scattered citywide General Plan and Zoning inconsistencies, which has become a priority based on Council direction and changes in the law. Detailed information about relevant legislative requirements is provided in Attachment 3.

The proposed Zone Change involves school site re-zoning as follows:

Facility Address General
Plan
Existing
Zoning
Proposed
Zoning
California Inspire Academy 1080 N. California St. PFI R-1-6 PI Cambridge Elementary School 425 N. Cambridge St. PFI R-1-6 Early Learning Center Parkside
Education Center EDGE Virtual
Academy
2345 E. Palmyra Ave. 250 S
Yorba St. 250 S Yorba St.

PFI R-O
El Modena High School 3920 Spring St. PFI R-1-7
Esplanade Elementary School 381 N. Esplanade St. PFI R-1-7 Fletcher Mandarin Language & GATE
Academy
515 W. Fletcher Ave. PFI R-1-7
Handy Elementary School 860 N. Handy St. PFI R-1-6
Jordan Academy of Language and
Computer Science
4319 E. Jordan Ave. PFI R-1-7
La Veta Elementary 2800 E. La Veta Ave. PFI R-1-8
Linda Vista Elementary School 1200 N. Cannon St. PFI R-1-8 McPherson Magnet School/Sports
Park
333 S. Prospect St. PFI R-1-7
Olive Elementary 3038 Magnolia Ave. PFI R-1-7
Orange High School 525 N. Shaffer St. PFI R-1-6
Palmyra GATE Magnet 1325 E. Palmyra Ave. PFI R-1-6
Peralta Middle School/ Super Sports 2190 N. Canal St. PFI R-1-8 Portola Middle School 270 N. Palm Dr. PFI R-1-6
Prospect Elementary School 379 N. Virage St. PFI R-1-7
Richland Continuation High School
(portion)
615 N. Lemon St. PFI R-3
Santiago Charter Middle School 515 N. Rancho Santiago Blvd. PFI R-1-7 Taft Elementary 1829 N. Cambridge St. PFI R-1-8
Yorba Middle School 935 N. Cambridge St. PFI R-1-6
Key:

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Single Family Residential (6,000 sq ft minimum lot size): R-1-6 Single Family Residential (7,000 sq ft minimum lot size): R-1-7 Single Family Residential (8,000 sq ft minimum lot size): R-1-8 Multiple Family Residential: R-3
Recreation Open Space: R-O
Chapman Hills Elementary School is not included in the re-zoning because its Planned Community zoning is consistent with the General Plan. In the case of Sycamore Elementary School, a portion of the Richland Continuation School, and the Orange Unified School District offices/Villa Park campus, there are split General Plan designations that warrant a separate cleanup effort to establish a single uniform land use designation prior to re-zoning.

It should be noted that the PI zoning district allows the development of housing affiliated with the institutional use it shares a site or campus with. Representative projects in Orange with the development of housing associated with an institutional use include the Villa St. Joseph project through which the Motherhouse at the Sisters of St. Joseph campus is being adaptively re-used as affordable senior housing, and the ActivCare Memory Care facility developed as a use related to the Chapman Global Medical Center and St. Joseph medical office building.

7. ADVISORY BOARD ACTION
Planning Commission
The Planning Commission conducted a public hearing for the Zone Change on April 1, 2024 and recommended approval to the City Council by a 5-0 vote. Meeting minutes are provided as Attachment 4.

8. ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

7. ATTACHMENTS
· Attachment 1 Ordinance No. 14-24
· Attachment 2 Planning Commission Resolution No. 09-24 · Attachment 3 Planning Commission Staff Report, April 1, 2024 · Attachment 4 Planning Commission Minutes, April 1, 2024 City of Orange Printed on 7/17/2024Page 3 of 3
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Agenda Item
City Council
Item #: 8.1. 7/23/2024 File #: 24-0441
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

This public hearing was continued by the City Council on June 11, 2024 to the July 23, 2024 City Council meeting.

3. RECOMMENDED ACTION

1. Conduct and close Public Hearing.

4. FISCAL IMPACT
None.

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

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Item #: 8.1. 7/23/2024 File #: 24-0441

The proposed Zone Change involves school site re-zoning as follows:

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Single Family Residential (6,000 sq ft minimum lot size): R-1-6 Single Family Residential (7,000 sq ft minimum lot size): R-1-7 Single Family Residential (8,000 sq ft minimum lot size): R-1-8 Multiple Family Residential: R-3
Recreation Open Space: R-O
Chapman Hills Elementary School is not included in the re-zoning because its Planned Community zoning is consistent with the General Plan. In the case of Sycamore Elementary School, a portion of the Richland Continuation School, and the Orange Unified School District offices/Villa Park campus, there are split General Plan designations that warrant a separate cleanup effort to establish a single uniform land use designation prior to re-zoning.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1313-24 RE-ZONING PUBLIC SCHOOL SITES

TO THE PUBLIC INSTITUTION ZONING

CLASSIFICATION TO ESTABLISH CONSISTENCY

WITH THE PUBLIC FACILITIES AND

INSITUTIONS GENERAL PLAN LAND USE

DESIGNATION OF THE PUBLIC SCHOOL SITES

IN ACCORDANCE WITH STATE LAW
ZONE CHANGE NO. 1313-24
APPLICANT: CITY OF ORANGE
WHEREAS, the 2010 City of Orange General Plan Land Use Element established a land use designation of “Public Facilities and Institutions” (PFI Land Use Designation) for public school sites throughout the City; and
WHEREAS, while the consistent Zoning Classification for the PFI Land Use Designation is “Public Institutions” (PI) Zone, public-school sites have Zoning Classifications including Residential Single Family, Residential Multiple Family, and Recreation Open Space, which are not consistent with the PFI Land Use Designation; and WHEREAS, State law contained at California Government Code §65860 requires consistency between a city’s General Plan and Zoning; and WHEREAS, because the current Zoning Classification for these certain public-school sites are inconsistent with the PFI Land Use Designation, which is contrary to State law, the City wishes to re-zone those certain public-school sites by adoption of the proposed Zone Change No. 1313-24 (Proposed Ordinance); and
WHEREAS, the Planning Commission, having considered the proposed Ordinance and Zone Change at a public hearing held on April 1, 2024, including review of the staff report and public testimony, determined the proposed change is justified and recommended approval thereof; and
WHEREAS, the City Council held a duly advertised public hearing on June 11, 2024 for the purpose of considering the Proposed Ordinance as it pertains to citywide public school sites upon the properties shown in the attached Exhibit “A”;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:
408
2 SECTION I:

The existing zoning is depicted on the map attached hereto as Exhibit “A” and incorporated herein by reference. The Orange Municipal Code is amended in order to change the zoning classification by amending the zoning on the sites depicted on the map attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION II:

The proposed zone changes described in Section I are related to the public welfare, required by California Government Code Section 65860 and consistent with Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update, certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed zone changes are within the scope of the previously approved General Plan and are adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

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
409
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 11th day of June, 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
Planning Commission
Item #: 5.2. 4/1/2024 File #: 24-0206
TO: Chair and Members of the Planning Commission
FROM: Anna Pehoushek, Assistant Community Development Director

1. SUBJECT
Public Hearing to consider rezoning of public parks to Recreation-Open Space to establish consistency with the Open Space and Open Space-Park General Plan Land Use Designations (Zone Change No. 1314-24).

2. SUMMARY
Public parks have a General Plan Land Use Designation of Open Space or Open Space-Park yet several have a long-standing residential or commercial zoning, or are un-zoned. The Zoning Classification that corresponds to the Open Space and Open Space-Park General Plan designation is Recreation Open Space. State law requires zoning to be consistent with the General Plan. The subject Zone Change addresses this requirement.

3. RECOMMENDED ACTION
Adopt Planning Commission Resolution No. 12-24. A Resolution of the Planning Commission recommending that the City Council approve Zone Change No. 1314-24 by adopting an Ordinance re -zoning public parks to establish consistency between the Open Space and Open Space-Park General Plan Land Use Designation and Zoning Classification in accordance with State law.

4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Section 17.10.020 authorizes the City Council to approve changes to the Zoning map , and also establishes procedures by which the Planning Commission reviews such changes and makes a recommendation to the City Council.

5. PROJECT BACKGROUND
Several public parks in Orange have had long-standing residential and commercial zoning or are un- zoned despite having established General Plan Land Use Designations of Open Space (OS) or Open Space-Park (OS-P). The Zoning Classification that corresponds to the OS and OS-P General Plan Land Use Designations and that is appropriate for the public parks is Recreation Open Space (R-O). State law requires zoning to be consistent with the General Plan designation. The subject Zone Change is part of the ongoing reconciliation of scattered citywide General Plan and Zoning inconsistencies, which has become a priority b ased on Council direction and changes in the law.

6. PROJECT DESCRIPTION
The proposed Zone Change involves public park re-zoning as follows:

Park Address General Plan Existing Zoning Proposed
Zoning
Eisenhower Park 2864 N. Tustin St. 1339
E. Buena Vista St.

OS-P R-1-7 & R-1-
7(P)
R-O
El Modena Park 555 S. Hewes St. OS-P R-1-8
Handy Park 2143 E. Oakmont Ave. OS-P R-1-6
Hart Park 701 S. Glassell St. OS R-1-6, R-2-6
R-3 & R-O
La Veta Park 3705 E. La Veta Ave. OS-P R-1-7 &
Unzoned
Olive Park 2841 N. Glassell St. OS-P R-1-7 & C-1
Plaza Park Chapman/Glassell OS-P Unzoned
Shaffer Park 1930 N. Shaffer St. OS-P C-1 & R-1-8
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Item #: 5.2. 4/1/2024 File #: 24-0206
Park Address General Plan Existing Zoning Proposed
Zoning
Eisenhower Park 2864 N. Tustin St. 1339
E. Buena Vista St.

General Plan:

Open Space: OS
Open Space-Park: OS-P
Zoning:

Limited Business: C-1
Single Family Residential (6,000 sq ft minimum lot size): R-1-6 Single Family Residential (7,000 sq ft minimum lot size): R-1-7 Single Family Residential (8,000 sq ft minimum lot size): R-1-8 Duplex Residential (6,000 sq ft minimum lot size): R-2-6 Recreation Open Space: R-O
Parking Overlay: (PBelmont, Fred Barrera, Santiago Hills, Serrano, and Steve Ambriz Parks are not included in the re-zoning because their Planned Community zoning is consistent with the General Plan. In the case of Cerro Villa and Pitcher Parks, they both have a Low Density Residential General Plan designation and consistent Single-Family Residential zoning. Killefer Park is a joint use facility that is part of the Orange Unified School District’sRichland Continuation High School campus and has a split General Plan Land Use Designation that warrants a separate cleanup effort to establish a single uniform land use designation prior to re-zoning. Similarly, the El Modena basin experiences a split General Plan Land Use Designation for cleanup prior to re-zoning.

7. ANALYSIS AND STATEMENT OF THE ISSUES
The Zone Change contained in the proposed Ordinance is the part of ongoing efforts to ensure that all properties within the City are zoned consistent with the City’sGeneral Plan, adopted in 2010, as required by law. This clean-up effort is based on both Council direction and recent changes to State law highlighting the importance of General Plan and Zoning Classification consistency.

State law has long required that the General Plan, which establishes long-term objectives and policies for a city, and Zoning Ordinances, be consistent. (Government Code Section 65860(a)). The Legislature, by adoption of Assembly Bill 821 (“AB 821”) in 2023, made changes strengthening remedies for residents and property owners, requiring cities, under certain circumstances, to make zoning consistent with their General Plans within 180 days of the submission of the development agreement or continue to process the development application applying objective general plan standards but not inconsistent zoning standards. (Government Code Section 65860(c)(2)) The law had already authorized any resident or property owner to bring an action or proceeding within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance, and that a zoning ordinance be amended within a reasonable time so that it is consistent with the General Plan in the event that the zoning classification becomes inconsistent with the City of Orange Printed on 3/28/2024Page 2 of 3
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Item #: 5.2. 4/1/2024 File #: 24-0206
General Plan by reason of amendment. (Government Code Section 65860(b)) The identified public park site properties have Zoning Classifications inconsistent with the General Plan, as they are currently zoned with residential or commercial classification at all. The consistent Zoning Classification for the OS and OS-P General Plan Land Use Designation would be R-O.

Further, while State law generally allows residential development where the General Plan allows for it (and zoning does not), if residential is not an allowed use under the General Plan, no residential development is permitted. Therefore, here, the park school-sites could not be developed with residential uses because the General Plan Land Use Designation does not allow for housing. Staff is requesting that the Planning Commission recommend that the City Council re-zone these properties in order to make the Land Use Designation and Zoning Classification consistent and in compliance with State law.

8. PUBLIC NOTICE
On March 21, 2024, a notice was published in the Orange County Register newspaper.

9. ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

10. ADVISORY BOARD ACTION
None needed.

11. ATTACHMENTS
· Attachment 1 Planning Commission Resolution No. PC 12-24 (including Ordinance) City of Orange Printed on 3/28/2024Page 3 of 3
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Planning Commission Minutes - Final April 1, 2024

4. COMMISSION BUSINESS

4.1. General Plan Annual Progress Report to the State of California.

A motion was made by Commissioner McCormack, seconded by Commissioner Maldonado to receive and file the 2023 General Plan Annual Progress Report. The motion carried by the following vote:

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

5. NEW BUSINESS

5.1. Public Hearing to consider rezoning of public school properties to Public Institution to establish consistency with the Public Facilities and Institutions General Plan Land Use Designation (Zone Change No. 1313-24).

Vice Chair Vejar opened the public hearing; there being no speakers, Vice Chair Vejar closed the public hearing.

A motion was made by Commissioner Martinez, seconded by Commissioner Maldonado, to adopt Planning Commission Resolution No. 09-24.

Resolution No. 09-24. A Resolution of the Planning Commission recommending that the City Council approve Zone Change No. 1313-24 by adopting an Ordinance re-zoning public school properties to establish consistency between the Public Facilities and Institutions General Plan Land Use Designation and Zoning Classifications in accordance with state law.

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

5.2. Public Hearing to consider rezoning of public parks to Recreation -Open Space to establish consistency with the Open Space and Open Space -Park General Plan Land Use Designations (Zone Change No. 1314-24).

Vice Chair Vejar opened the public hearing; there being no speakers, Vice Chair Vejar closed the public hearing.

A motion was made by Commissioner McCormack, seconded by Commissioner Tucker, to adopt Planning Commission Resolution No. 12-24.

Resolution No. 12-24. A Resolution of the Planning Commission recommending that the City Council approve Zone Change No. 1314-24 by adopting an Ordinance re-zoning public parks to establish consistency between the Open Space and Open Space-Park General Plan Land Use Designation and Zoning Classification in accordance with State law.

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

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Agenda Item
City Council
Item #: 8.2. 7/23/2024 File #: 24-0442
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Continued Public Hearing to consider rezoning of public parks to Recreation-Open Space to establish consistency with the Open Space and Open Space-Park General Plan Land Use Designations; and introduction and First Reading of associated Ordinance No. 15-24 (Zone Change No. 1314-24). (Continued from June 11, 2024)

This public hearing was continued by the City Council on June 11, 2024 to the July 23, 2024 City Council meeting

3. RECOMMENDED ACTION

1. Conduct and close Public Hearing.

2. Introduce and conduct First Reading of Ordinance No. 15-24. An Ordinance of the City Council of the City of Orange approving Zone Change No. 1314-24 re-zoning public park sites to recreation open space to establish consistency with the Open Space and Open Space-Park General Plan Land Use designation of the park sites in accordance with State law.

3. Find that Zone Change No. 1314-24 is within the scope of the previously certified Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update certified on March 9, 2010.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Several public parks in Orange have had long-standing residential and commercial zoning or are un- City of Orange Printed on 7/17/2024Page 1 of 2
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Item #: 8.2. 7/23/2024 File #: 24-0442
Several public parks in Orange have had long-standing residential and commercial zoning or are un- zoned despite having established General Plan Land Use Designations of Open Space (OS) or Open Space-Park (OS-P). The Zoning Classification that corresponds to the OS and OS-P General Plan Land Use Designations and that is appropriate for the public parks is Recreation Open Space (R-O).

State law requires zoning to be consistent with the General Plan designation. The subject Zone Change is part of the ongoing reconciliation of scattered citywide General Plan and Zoning inconsistencies, which has become a priority based on Council direction and changes in the law.

Detailed information about relevant legislative requirements is provided in Attachment 3.

Belmont, Fred Barrera, Santiago Hills, Serrano, and Steve Ambriz Parks are not included in the re- zoning because their Planned Community zoning is consistent with the General Plan. In the case of Cerro Villa and Pitcher Parks, they both have a Low Density Residential General Plan designation and consistent Single-Family Residential zoning. Killefer Park is a joint use facility that is part of the Orange Unified School District’sRichland Continuation High School campus and has a split General Plan Land Use Designation that warrants a separate cleanup effort to establish a single uniform land use designation prior to re-zoning. Similarly, the El Modena basin experiences a split General Plan Land Use Designation for cleanup prior to re-zoning.

7. ADVISORY BOARD ACTION
Planning Commission
The Planning Commission conducted a public hearing for the Zone Change on April 1, 2024 and recommend approval to the City Council by a 5-0 vote. Meeting minutes are provided as Attachment

4. 8. ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

9. ATTACHMENTS
· Attachment 1 Ordinance No. 15-24
· Attachment 2 Planning Commission Resolution No. 12-24 · Attachment 3 Planning Commission Staff Report, April 1, 2024 · Attachment 4 Planning Commission Minutes, April 1, 2024 City of Orange Printed on 7/17/2024Page 2 of 2
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Agenda Item
City Council
Item #: 8.2. 7/23/2024 File #: 24-0442
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

This public hearing was continued by the City Council on June 11, 2024 to the July 23, 2024 City Council meeting

3. RECOMMENDED ACTION

1. Conduct and close Public Hearing.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Several public parks in Orange have had long-standing residential and commercial zoning or are un- City of Orange Printed on 7/17/2024Page 1 of 2
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Item #: 8.2. 7/23/2024 File #: 24-0442
Several public parks in Orange have had long-standing residential and commercial zoning or are un- zoned despite having established General Plan Land Use Designations of Open Space (OS) or Open Space-Park (OS-P). The Zoning Classification that corresponds to the OS and OS-P General Plan Land Use Designations and that is appropriate for the public parks is Recreation Open Space (R-O).

Detailed information about relevant legislative requirements is provided in Attachment 3.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1314-24 RE-ZONING PUBLIC PARK SITES TO

RECREATION OPEN SPACE TO ESTABLISH

CONSISTENCY WITH THE OPEN SPACE AND

OPEN SPACE-PARK GENERAL PLAN LAND USE

DESIGNATION OF THE PARK SITES IN

ACCORDANCE WITH STATE LAW
ZONE CHANGE NO. 1314-24
APPLICANT: CITY OF ORANGE
WHEREAS, the 2010 City of Orange General Plan Land Use Element established a land use designation of “Open Space” (OS Land Use Designation) for public park sites throughout the City; and
WHEREAS, while the consistent Zoning Classification for the OS Land Use Designation is “Recreation Open Space” (R-O) Zone, public park sites have Zoning Classifications including Single Family Residential, Duplex Residential, Limited Business, or are un-zoned, which are not consistent with the OS Land Use Designation; and WHEREAS, State law contained at California Government Code §65860 requires consistency between a city’s General Plan and Zoning; and WHEREAS, because the current Zoning Classification for these certain public park sites are inconsistent with the “Open Space” (OS Land Use Designation), which is contrary to State law, the City wishes to re-zone those certain public park sites by adoption of the proposed Zone Change No. 1314-24 (Proposed Ordinance); and
WHEREAS, the Planning Commission, having considered the proposed Ordinance and Zone Change at a public hearing held on April 1, 2024, including review of the staff report and having received public testimony, has determined the proposed change is justified and recommends approval thereof; and
WHEREAS, the City Council held a duly advertised public hearing on June 11, 2024 for the purpose of considering Zone Change No. 1314-24 as it pertains to citywide public school sites upon the properties shown in the attached Exhibit “A”;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:
459
2 SECTION I:

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
460
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 ___ day of ________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______, 2024, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
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Agenda Item
Planning Commission
Item #: 5.2. 4/1/2024 File #: 24-0206
TO: Chair and Members of the Planning Commission
FROM: Anna Pehoushek, Assistant Community Development Director

6. PROJECT DESCRIPTION
The proposed Zone Change involves public park re-zoning as follows:

Park Address General Plan Existing Zoning Proposed
Zoning
Eisenhower Park 2864 N. Tustin St. 1339
E. Buena Vista St.

OS-P R-1-7 & R-1-
7(P)
R-O
El Modena Park 555 S. Hewes St. OS-P R-1-8
Handy Park 2143 E. Oakmont Ave. OS-P R-1-6
Hart Park 701 S. Glassell St. OS R-1-6, R-2-6
R-3 & R-O
La Veta Park 3705 E. La Veta Ave. OS-P R-1-7 &
Unzoned
Olive Park 2841 N. Glassell St. OS-P R-1-7 & C-1
Plaza Park Chapman/Glassell OS-P Unzoned
Shaffer Park 1930 N. Shaffer St. OS-P C-1 & R-1-8
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Item #: 5.2. 4/1/2024 File #: 24-0206
Park Address General Plan Existing Zoning Proposed
Zoning
Eisenhower Park 2864 N. Tustin St. 1339
E. Buena Vista St.

General Plan:

Open Space: OS
Open Space-Park: OS-P
Zoning:

State law has long required that the General Plan, which establishes long-term objectives and policies for a city, and Zoning Ordinances, be consistent. (Government Code Section 65860(a)). The Legislature, by adoption of Assembly Bill 821 (“AB 821”) in 2023, made changes strengthening remedies for residents and property owners, requiring cities, under certain circumstances, to make zoning consistent with their General Plans within 180 days of the submission of the development agreement or continue to process the development application applying objective general plan standards but not inconsistent zoning standards. (Government Code Section 65860(c)(2)) The law had already authorized any resident or property owner to bring an action or proceeding within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance, and that a zoning ordinance be amended within a reasonable time so that it is consistent with the General Plan in the event that the zoning classification becomes inconsistent with the City of Orange Printed on 3/28/2024Page 2 of 3
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Item #: 5.2. 4/1/2024 File #: 24-0206
General Plan by reason of amendment. (Government Code Section 65860(b)) The identified public park site properties have Zoning Classifications inconsistent with the General Plan, as they are currently zoned with residential or commercial classification at all. The consistent Zoning Classification for the OS and OS-P General Plan Land Use Designation would be R-O.

8. PUBLIC NOTICE
On March 21, 2024, a notice was published in the Orange County Register newspaper.

10. ADVISORY BOARD ACTION
None needed.

11. ATTACHMENTS
· Attachment 1 Planning Commission Resolution No. PC 12-24 (including Ordinance) City of Orange Printed on 3/28/2024Page 3 of 3
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488
Planning Commission Minutes - Final April 1, 2024

4. COMMISSION BUSINESS

4.1. General Plan Annual Progress Report to the State of California.

A motion was made by Commissioner McCormack, seconded by Commissioner Maldonado to receive and file the 2023 General Plan Annual Progress Report. The motion carried by the following vote:

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

5. NEW BUSINESS

Vice Chair Vejar opened the public hearing; there being no speakers, Vice Chair Vejar closed the public hearing.

A motion was made by Commissioner Martinez, seconded by Commissioner Maldonado, to adopt Planning Commission Resolution No. 09-24.

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

Vice Chair Vejar opened the public hearing; there being no speakers, Vice Chair Vejar closed the public hearing.

A motion was made by Commissioner McCormack, seconded by Commissioner Tucker, to adopt Planning Commission Resolution No. 12-24.

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

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Orange City CouncilJuly 23, 2024

Orange City Council
July 23, 2024