Agenda packet — Orange City Council, November 26, 2024 (part 4 of 4)

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier:
*P2. Location:
c. Address: 380 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - S SHAFFER City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: SHAFFER_S_380__APN_390-404-13
(Assigned by Recorder)
*P9. Date Recorded:

April, 2005
1910
Primary # 30-159198
HRI # 038564
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Unrestricted
3 *P4. Resources Present: Building Structure Object Site Element of District District Other (Isolates, etc.) Not for Publication
District Record
Photograph Record
Location Map
Artifact Record
Archaeological Record
NONE
Linear Feature Record Milling Station Record Rock Art Record Other (List):

Materials: Frame - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story clapboard bungalow with double, front-facing gable roof. The forwardmost gable forms the entry porch overhang and is supported by slim tapered piers. Triangular bracket supports grace the eaves; the upper gable faces are defined by louvered attic venting. ,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 771
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Craftsman Bungalow
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1910 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Early Settlement (c. 1870 - 1920) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Fair Condition - Minor and reversible or appropriate changes to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
Primary # 30-159198
HRI # 038564
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
772
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159198
HRI # 038564
Trinomial ORA
Recorded by:

Date Recorded: April, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1431
Principal Building Sqft: 1189
Planning Zone: R-2-6 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: SHAFFER_S_380__APN_390-404-13
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

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1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 127 N. Grand Street, Orange, CA 92866 APN: 039-253-08
Mills Act Contract Number: 461.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and MATTHEW PAUL THOMPSON and NATALY LAM, Husband and Wife as Community Property with Right of Survivorship (referred to herein as the “Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council, and the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 796
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 127 N. Grand Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 039-253-08 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either:
individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements to the “Historic Property” (as defined below). To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the Historic Property. For purposes of identification of the Historic Property, the City’s Official Historic Property Inventory Form (DPR 523) is attached as Exhibit E.

The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City’s minimum maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne.

As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in Exhibit D within the times established therefore in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the work or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit D and the contract or contracts pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into.

In addition to the foregoing, the Owner hereby agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect (“Applicable Laws”) pertaining to the use of the Historic Property. Owner must give the City immediate written notice on Owner’s becoming aware that the use or condition of the Historic Property is in violation of any Applicable Laws.
798
4 4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Contract term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover administrative costs associated with this Agreement including but not limited to the reasonable cost of monitoring the Historic Property, performing required inspections, and enforcement of the Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection. The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City’s Master Schedule of Fees and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful breach of this contract and may result in cancellation of the contract in accordance with the cancellation terms detailed below.

6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the "renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.

8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council.

9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant; and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
799
5 10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10th) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth (10th) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation maintenance items for the City’s review and approval. Such updated schedule shall contain a list of proposed improvements and/or revisions to be accomplished during the next succeeding ten (10) years of the Agreement and a schedule for the construction of such improvements. Within thirty (30) days after the City’s receipt of said updated schedule, the City’s Director of Community Development shall either approve or disapprove such proposed schedule of proposed improvements, or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonably requested.

From time to time, at the request of the City’s Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Planner for Historic Preservation or in his/her absence the Director of Community Development (or his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same.

12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, represent and declare that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel, concerning the nature, extent and duration of his/her/their rights and claims, and that he/she/they have not been influenced to any extent whatsoever in executing the same by the City or by any person representing the City.

Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.

14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.

15. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above, Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair market value of the Historic Property at the time of cancellation. The current fair market value shall be determined by the County Assessor as though the Historic Property were free of the restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the County Auditor shall prescribe.

17. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

City of Orange
Attn.: City Manager
Matthew P. Thompson and Nataly Lam
300 E. Chapman Avenue 127 N. Grand Street
Orange, CA 92866 Orange, CA 92866
801
7 18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.

19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.

20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of this Agreement shall continue in full force and effect.

21. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint venturers or members of any joint enterprise.

22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

23. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (herein referred to as a “Transfer”), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s).

In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption 802
8 agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.

24. RECORDATION. No later than six (6) months after the parties execute and enter into this Agreement, Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Orange.

25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community Development is authorized to amend the list of required projects in Exhibit D.

26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.

27. ADMINISTRATION. This Agreement shall be administered by the City’s Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City’s Director of Community Development (or his/her authorized representative). The City’s Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
[Remainder of page intentionally left blank; signatures on next page] 803
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Matthew Paul Thompson
______________________________
Nataly Lam
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
804
10 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, 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.
805
11 EXHIBIT “A”

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

THE NORTH 41 FEET OF LOT 1, BLOCK “A” OF THE LIBRARY

TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 21 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY
[APN 039-253-08]
806
12 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
807
13 EXHIBIT “C”

CITY OF ORANGE HISTORIC PROPERTY

MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
808
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
127 N. Grand Street
Priority Description of Work Cost
Estimate
Completion
Date
1 Exterior painting
maintenance, shingle
repairs and trim
repairs
$5,000 2024
2 Replace galvanized
section of water main
line
$2,000 2024
3 Plumbing updates
including a partial
repipe and water
softener/filtration
systems
$3,500 2024
4 Engage structural
engineer to evaluate
foundation and
structure, and
recommendations for
retrofit work. Then,
implement
recommendations.
$15,000 2025
5 Implement treatment
recommendations
from Termite Report
$2,625 2025
6 Complete restoration
of all windows. Rehung, repair water
tightness, correct top
sections (all are
painted shut) and repaint exterior and
interior x14 windows
@ $300/window
$5,000 2026
809
7 Full exterior repaint,
refresh and repair $10,000 2027
8 Implement treatment
recommendations
from Termite Report
that had no bid,
including fungus/rot
noted in fascia,
shiplap siding, rafter
tails and blocking.
$8,000 2028
9 Repair cracking in
porch. Potentially
restore porch based
on historic
documentation.
$7,500 2030
10 Full exterior repaint,
refresh and repair $10,000 2031
TOTAL Rehabilitation $68,625
810
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
811
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier:
*P2. Location:
c. Address: 127 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N GRAND City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: GRAND_N_127__APN_039-253-08
(Assigned by Recorder)
*P9. Date Recorded:

May, 2005
1915 c
Primary # 30-159385
HRI # 038751
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials: Frame - Wood shingle siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story shingled bungalow with double front-facing, gable roof. The forwardmost gable forms the entry porch overhang and is supported by wide piers with brick bases. Shingling on the house is composed of elongated, staggered butt shingles which is unusual for Orange. A large 3-part transomed window adorns the front facade.
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 812
B1. Historic Name: Lloyd and Laura Hitchcock House
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Bungalow
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1915 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Early Settlement (c. 1870 - 1920) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Excellent Condition - Minor and reversible or appropriate changes to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
The house was owned as of 1919 by Lloyd and Laura Hitchcock. Mr. Hitchcock was a clerk with the Pixley Furniture Co. in town.

Primary # 30-159385
HRI # 038751
c
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
813
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159385
HRI # 038751
Trinomial ORA
Recorded by:

Date Recorded: May, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.0883
Principal Building Sqft: 1160
Planning Zone: OTMU-15 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: OTMIX-15
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: GRAND_N_127__APN_039-253-08
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

814
815
816
817
818
819
820
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 186 South Cambridge Street, Orange, CA 92866 APN: 390-444-10
Mills Act Contract Number: 462.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and JESSE JERLING, a Married Man as His Sole and Separate Property (referred to herein as the “Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council, and the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
821
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 186 S. Cambridge Street, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-444-10 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either:
individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements to the “Historic Property” (as defined below). To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
822
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Contract term to determine Owner's compliance with the terms 823
4 and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period 824
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.
825
6 Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.

City of Orange
Attn.: City Manager
Jesse Jerling
300 E. Chapman Avenue 186 South Cambridge Street
Orange, CA 92866 Orange, CA 92866

18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees that the 826
7 consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.

In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the 827
8 obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.

27. ADMINISTRATION. This Agreement shall be administered by the City’s Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City’s Director of Community Development (or his/her authorized representative). The City’s Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
[Remainder of page intentionally left blank; signatures on next page] 828
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Jesse Jerling
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
829
10 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, 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.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

LOT 10 OF THE CRADDICK HOME TRACT, AS PER MAP RECORDED
IN BOOK 4, PAGE 55 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
[APN 390-444-10]
831
12 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
833
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
186 S. Cambridge Street
Priority Description of Work Cost
Estimate
Completion
Date
1 Engage a structural
engineer to evaluate the
foundation and
structure, and make
recommendations for
treatment.
$5,000 2025
2 Wood and brick
foundation repairs
according to
recommendations from
structural engineer
$12,325 2025
3 Historic windows $8,000 2026
4 Restore and reconstruct
porch $6,000 2029
5 Repair wood on
exterior and paint $11,500 2032
TOTAL REHABILITATION $42,825
834
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
835
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier:
*P2. Location:
c. Address: 186 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - S CAMBRIDGE City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: CAMBRIDGE_S_186__APN_390-444-10
(Assigned by Recorder)
*P9. Date Recorded:

April, 2005
1910 c
Primary # 30-158925
HRI # 038291
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials: Frame - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

This single-story clapboard house with hipped roof and small gabled roof dormer on the front has undergone some modifications as of the time the front porch was enclosed. This was orignially probably a full-width porch supported by Classical columns.
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update.
836
Style previously noted in 1991 Survey as: Classic Revival.

B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Hip Roof Cottage
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1910 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Early Settlement (c. 1870 - 1920) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Fair Condition - A collection of minor, inappropriate changes to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
Primary # 30-158925
HRI # 038291
c
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
837
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-158925
HRI # 038291
Trinomial ORA
Recorded by:

Date Recorded: April, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1425
Principal Building Sqft: 1132
Planning Zone: R-1-6 # of Stories: 1
Years Surveyed: 1991, 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: CAMBRIDGE_S_186__APN_390-444-10
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

838
839
840
841
842
843
844
845
846
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 243 N. Grand Street, Orange, CA 92866 APN: 039-243-07
Mills Act Contract Number: 463.0-24

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and SDAP REAL ESTATE, A CALIFORNIA LIMITED LIABILITY COMPANY (referred to herein as the “Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council, and the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
847
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 243 N. Grand Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 039-243-07 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either:
individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements to the “Historic Property” (as defined below). To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
848
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Contract term to determine Owner's compliance with the terms 849
4 and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 12, 2024 to and including November 12, 2034.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period 850
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.
851
6 Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.

City of Orange
Attn.: City Manager
Bradley Mewes and
Rachelle Ramos Mewes
300 E. Chapman Avenue 2421 Vista Nobleza
Orange, CA 92866 Newport Beach, CA 92660
852
7 18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.

In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a form satisfactory to the City's Attorney or such other evidence as may be 853
8 satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.

27. ADMINISTRATION. This Agreement shall be administered by the City’s Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City’s Director of Community Development (or his/her authorized representative). The City’s Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
[Remainder of page intentionally left blank; signatures on next page] 854
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Bradley Mewes
Rachelle Ramos Mewes
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:

Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Mike Vigliotta
City Clerk City Attorney
855
10 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, 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.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

LOT 21 IN BLOCK “A”, BONNIE BRAE TRACT, IN THE CITY OF

ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 8 OF

MIWSCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
[APN 039-243-07]
857
12 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
859
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
243 N. Grand Street
Priority Description of Work Cost Estimate Completion
Date
1 Implement termite eradication as recommended
in the Termite Inspection Report $500 2024
Engage a property inspection by firm
experienced in historic preservation of roof,
gutters, exterior, windows, doors, porch,
interior, systems and foundation of both the
primary residence and outbuilding to produce a
report that documents current conditions and
makes recommendations for rehabilitation and
maintenance in the future.
$5,000 2025
4 Engage a structural engineer to evaluate
structure and foundations of both the primary
residence and outbuilding to produce a report
that documents current conditions and makes
recommendations for rehabilitation and
maintenance in the future.
$3,000 2025
5 Foundation stabilization and seismic retrofit as
recommended by structural engineer report. $20,000 2026 6 Restore original wood siding and details on
exterior of primary residence and outbuilding
per Termite Inspection Report. Replace
materials in-kind, if necessary.
$8,000 2027
8 Porch rehabilitation including repointing with
lime-based mortar that is tuck-pointed, repair
cracking, removal of brick planter, and reinstall
$12,000 2028
860
new steps or landing where former side patio
existed.

Roof rehabilitation on primary residence and
outbuilding. If original material cannot be
replaced in kind, new materials must match the
look, texture and color of original.
$20,000 2029
9 Window and exterior door rehabilitation on
primary residence and outbuilding. All original
materials to be restored, and all non-original,
aluminum windows to be replaced with more
compatible materials. Pulleys and weights
restored in hung windows, and
weatherstripping to be added, if necessary. If
barn door on outbuilding is original, then it will
be restored and preserved to the greatest extent
feasible. Outbuilding appears to have original
windows, and can be used as a model for
replacement windows.
$15,000 2030
Prepare exterior surfaces for paint by lightly
removing dirt, debris, and loose and flaking
paint. Then paint exterior.
$10,000 2031
11 Interior restoration including removal of carpet
and restoration of floors $5,000 2030
12 Upgrade electrical, plumbing and mechanical
systems $15,000 2031
12 Annual maintenance and repairs $15,000 Annual
($1500/year)
TOTAL REHABILITATION $128,500
861
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
862
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data: Same APN as: 243.5 N. Grand.

P1. Other Identifier: See B13 Remarks
*P2. Location:
c. Address: 243 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N GRAND City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: GRAND_N_243__APN_039-243-07
(Assigned by Recorder)
*P9. Date Recorded:

May, 2005
1921
Primary # 30-159396
HRI # 038762
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials: Frame - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story clapboard cottage with steep-pitched, multi-gable roof. The front facing gabled porch overhang is located at the center of the front facade and is supported with Colonial columns connected by an ornamental balustrade. An ornamental transom vent is located in the front of this gable face. ,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 863
Previously known in 1991 Survey and 1997 listing as including:
243.5 N. Grand. Style previously noted in 1991 Survey as: Gable Roof Cottage.

B1. Historic Name: Louise Bradshaw House
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Classic Revival
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1921 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Interwar Development (c. 1921 - 1941) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features: 243.5 N. Grand, former accessory building. *B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Excellent Condition - A collection of minor, inappropriate changes to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
The Orange Daily News cites a building permit issued for this house in 1920 to the original owner, Mrs.

Louise Bradshaw. The house was to cost $6,300, quite a large sum for Orange in those days. It is unclear, but Sanborn Maps and similar design elements suggest the rear house may have been built at the same time. The costly permit may support this possibility.

Primary # 30-159396
HRI # 038762
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News (1920).
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity: Other inappropriate changes to the site. (Continues on Pg.3.)
864
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159396
HRI # 038762
Trinomial ORA
Recorded by:

Date Recorded: May, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1518
Principal Building Sqft: 1934
Planning Zone: R-3 # of Stories: 2
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: GRAND_N_243__APN_039-243-07
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

865
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data: Same APN as: 243 N. Grand.

P1. Other Identifier: See B13 Remarks
*P2. Location:
c. Address: 243.5 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N GRAND City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: GRAND_N_243.5__APN_039-243-07
(Assigned by Recorder)
*P9. Date Recorded:

May, 2005
1921
Primary # 30-159396
HRI # 038762
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials: Frame - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

Former accessory structure for 243 N. Grand. A single-story clapboard single car garage and attached dwelling unit with steep-pitched roof.
,#
2012
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 866
Previously known in 1991 Survey and 1997 listing as included with:
243 N. Grand. Style previously noted in 1991 Survey as: Gable Roof Cottage.

B1. Historic Name: Louise Bradshaw Accessory Bldg.

B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Classic Revival
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1921 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Interwar Development (c. 1921 - 1941) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features: 243 N. Grand, the original house. *B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Excellent Condition - No apparent change to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
The Orange Daily News cited a building permit issued for 243 N. Grand in 1920 to the original owner, Mrs.

Louise Bradshaw. The house was to cost $6,300, quite a large sum for Orange in those days. Sanborn Maps from 1922 suggest this building was included in the cost of the front house. It is unclear, but Sanborn Maps and similar design elements suggest the rear house may have been built at the same time. The costly permit may support this possibility.

Primary # 30-159396
HRI # 038762
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News (1920). Sanborn Maps (1909, 1922, 1950). Arial photos (1938). (Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
867
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159396
HRI # 038762
Trinomial ORA
Recorded by:

Date Recorded: May, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1518
Principal Building Sqft:

Planning Zone: R-3 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: GRAND_N_243.5__APN_039-243-07
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

868
869
870
871
872
873
874
875
876
877
878
879
Agenda Item
City Council
Item #: 10.3. 11/26/2024 File #: 24-0601
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Fiscal Year 2025-2030 Citywide Strategic Plan.

2. SUMMARY
In December 2023, the City of Orange began the process to update the Citywide Strategic Plan. The steps to update the Citywide Strategic Plan included the City Council participating in a strengths, weaknesses, opportunities, and threats exercise; City leadership meetings with Kelly Associates Management Group; and two community meetings. The updated Citywide Strategic Plan is a living document that sets out overarching Citywide goals and specific objectives to achieve these goals over the next five years.

3. RECOMMENDED ACTION

1. Consider changes to the City’s Values Statement.

2. Adopt the Fiscal Year 2025-2030 Citywide Strategic Plan.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Adopting the Fiscal Year 2025-2030 Citywide Strategic Plan incorporates sweeping changes to ensure the City is pursuing goals and objectives aligning with the Orange community’s priorities.

6. DISCUSSION AND BACKGROUND
Strategic plans are the culmination of different factors. They identify clear goals/objectives for a defined period while avoiding a singular focus on the City’s immediate needs. This suggests effective strategic plans are holistically constructed, reflecting an understanding of short and long-term needs, as well as the changing conditions that drive the City’s focus.

To assist the City with its Citywide Strategic Plan (Plan) update, on November 28, 2023, the Orange City Council approved an agreement with Kelly Associates Management Group LLC (KAMG) to facilitate the process.

KAMG’s process to update the Plan included:

1. Members of the City Council individually and independently completing a strengths, weaknesses, opportunities, and threats (SWOT) analysis.

2. KAMG meeting with each Councilmember one-on-one to discuss their respective SWOT City of Orange Page 1 of 2 Printed on 11/20/2024
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Item #: 10.3. 11/26/2024 File #: 24-0601
analyses to provide context and better understand viewpoints.

3. Holding two special City Council meetings to discuss the SWOT analysis, identify overarching community goals, and specific tasks/projects to achieve these goals.

4. Incorporating City Council and community feedback and adopt an updated Citywide Strategic Plan.

The City held two special City Council meetings on March 11, 2024, and April 30, 2024. At both meetings, staff received feedback from the community and City Council. The feedback helped guide staff and KAMG as the Fiscal Year 2025-2030 Plan was drafted.

With a challenging and fluid Fiscal Year 2024-2025 (FY25) budget process, the Plan adoption was placed on hold as the City Council provided budgetary direction to staff and worked through significant financial policy decisions. With the FY25 budget adopted, staff is now bringing the Plan to the City Council for adoption. The Plan details current and forthcoming initiatives and projects that will help the City achieve its overarching community goals over the next five years.

The Plan is intended to be a “living document,” adaptable and open to change as conditions call for its amendment. It is envisioned the City will incorporate an annual strategic planning session to update the Plan as needed to ensure it is germane to the community’s needs. Staff will also bring quarterly updates to the City Council to ensure transparency and accountability.

Lastly, in considering the feedback received, staff is also providing one possible change to the City’s values. This includes replacing “Integrity” with “Accountability” and providing the following definition:
“We are accountable to the residents and taxpayers of the City of Orange and are committed to holding ourselves and each other to the highest moral and ethical standards of conduct and performance excellence.”
Integrity is included in the attached Fiscal Year 2025-2030 Citywide Strategic Plan since this is an existing City value. Should the City Council approve this modification, staff will change the document accordingly.

7. ATTACHMENTS
· Fiscal Year 2025-2030 Citywide Strategic Plan
City of Orange Page 2 of 2 Printed on 11/20/2024
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Agenda Item
City Council
Item #: 10.3. 11/26/2024 File #: 24-0601
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Fiscal Year 2025-2030 Citywide Strategic Plan.

3. RECOMMENDED ACTION

1. Consider changes to the City’s Values Statement.

2. Adopt the Fiscal Year 2025-2030 Citywide Strategic Plan.

4. FISCAL IMPACT
None.

KAMG’s process to update the Plan included:

1. Members of the City Council individually and independently completing a strengths, weaknesses, opportunities, and threats (SWOT) analysis.

2. KAMG meeting with each Councilmember one-on-one to discuss their respective SWOT City of Orange Page 1 of 2 Printed on 11/20/2024
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Item #: 10.3. 11/26/2024 File #: 24-0601
analyses to provide context and better understand viewpoints.

3. Holding two special City Council meetings to discuss the SWOT analysis, identify overarching community goals, and specific tasks/projects to achieve these goals.

4. Incorporating City Council and community feedback and adopt an updated Citywide Strategic Plan.

7. ATTACHMENTS
· Fiscal Year 2025-2030 Citywide Strategic Plan
City of Orange Page 2 of 2 Printed on 11/20/2024
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Agenda Item
City Council
Item #: 10.4. 11/26/2024 File #: 24-0637
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Executive Management and Senior Management employees’ classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11577 and 11578.

2. SUMMARY
Resolution No. 11577 amends the compensation and terms of employment for the City’s Executive Management and Senior Management employees for the period of July 1, 2024, through June 30, 2025.

Resolution No. 11578 amends the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2 Section 570.5.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11577. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11480 and all amendments thereto and approving provisions relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees effective July 1, 2024, through and including June 30, 2025.

2. Adopt Resolution No. 11578. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11562 and amending the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

4. FISCAL IMPACT
The total cost is $366,440 of which $252,852 is General Fund. These adjustments are included in the Fiscal Year 2024-2025 budget.

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

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
The City’s Top Management employees are not formally recognized as an employee bargaining group, but are covered by a City Council-adopted Resolution that provides for employee City of Orange Page 1 of 2 Printed on 11/21/2024
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Item #: 10.4. 11/26/2024 File #: 24-0637
group, but are covered by a City Council-adopted Resolution that provides for employee compensation and benefits. The Top Management Resolution covers the City’s executives, division managers, and other senior management employees who are deemed confidential employees and are exempt from overtime provisions of the Federal Labor Standards Act (FLSA).

Benefits:

Pursuant to City Council feedback received at the September 10th meeting, a Side Letter Agreement was established which incorporated three benefit terms consistent with what other bargaining groups have received. They include:

1. Adjusting bereavement leave from three to five days per incident;

2. Adjusting Christmas Eve holiday pay from half-day to full-day, if December 24th falls on a Monday through Thursday; and

3. Adjusting the City’s contribution towards medical insurance benefits per employee by $100.00 per month.

Cost-of-Living Adjustment:

Pursuant to City Council direction at the November 12 meeting, staff is bringing forward for consideration a three percent cost-of-living adjustment to base salary for all Top Management employees effective August 25, 2024, as incorporated into monthly salary tables as Appendices A and B. This consideration is in line with the Consumer Price Index (CPI) as reported by the U.S.

Bureau of Labor Statistics, year-to-date average of 3.3%. This action is consistent with other City labor groups receiving cost-of-living adjustments during the last calendar year.

Language Changes:

The Resolution incorporates language clean-up that conforms to current practices; i.e. Update of the Public Employees’ Medical and Hospital Care Act statutory rate (adjusted annually by the California Public Employees’ Retirement System), medical insurance eligibility and waiver provisions, and Internal Revenue Service Constructive Receipt language.

7. ATTACHMENTS
· Resolution No. 11577
· Resolution No. 11578
City of Orange Page 2 of 2 Printed on 11/21/2024
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Agenda Item
City Council
Item #: 10.4. 11/26/2024 File #: 24-0637
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Executive Management and Senior Management employees’ classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11577 and 11578.

Resolution No. 11578 amends the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2 Section 570.5.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total cost is $366,440 of which $252,852 is General Fund. These adjustments are included in the Fiscal Year 2024-2025 budget.

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

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
The City’s Top Management employees are not formally recognized as an employee bargaining group, but are covered by a City Council-adopted Resolution that provides for employee compensation and benefits. The Top Management Resolution covers the City’s executives, division City of Orange Page 1 of 2 Printed on 11/21/2024
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Item #: 10.4. 11/26/2024 File #: 24-0637
compensation and benefits. The Top Management Resolution covers the City’s executives, division managers, and other senior management employees who are deemed confidential employees and are exempt from overtime provisions of the Federal Labor Standards Act (FLSA).

Benefits:

1. Adjusting bereavement leave from three to five days per incident;

2. Adjusting Christmas Eve holiday pay from half-day to full-day, if December 24th falls on a Monday through Thursday; and

3. Adjusting the City’s contribution towards medical insurance benefits per employee by $100.00 per month.

Cost-of-Living Adjustment:

Bureau of Labor Statistics, year-to-date average of 3.3%. This action is consistent with other City labor groups receiving cost-of-living adjustments during the last calendar year.

Language Changes:

7. ATTACHMENTS
· Resolution No. 11577
· Resolution No. 11578
City of Orange Page 2 of 2 Printed on 11/21/2024
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RESOLUTION NO. 11577

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11480 AND ALL AMENDMENTS THERETO

AND APPROVING PROVISIONS RELATING TO

THE CLASSIFICATION, COMPENSATION, AND

TERMS OF EMPLOYMENT OF EXECUTIVE

MANAGEMENT AND SENIOR MANAGEMENT
EMPLOYEES EFFECTIVE JULY 1, 2024,
THROUGH AND INCLUDING JUNE 30, 2025
WHEREAS, the employees covered by this Resolution constitute unrepresented management personnel; and
WHEREAS, the City Council has consulted with the City Manager and Human Resources Director concerning the proposed employment terms contained herein; and WHEREAS, the City Council has determined that this Resolution shall set forth the wages, hours, and conditions of employment for the period of July 1, 2024, through and including June 30, 2025, for those management employees covered herein; and WHEREAS, at the direction of City Council on September 10, 2024, a Side Letter Agreement was established which adjusted three benefit terms including bereavement leave, Christmas Eve holiday, and the City’s contribution towards medical; and WHEREAS, all salary ranges for the above classifications must be authorized by the City Council and published by the City in order for the salary range to be considered pension-reportable, pursuant to California Public Employees’ Retirement System law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby (1) rescinds Resolution No. 11480 and all amendments thereto; and (2) adopts the wages, hours, and conditions of employment through June 30, 2025, for Executive Management and Senior Management Employees contained in Appendices A and B, as fully set forth herein.

ADOPTED this 26th day of November 2024.

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

Pamela Coleman, City Clerk, City of Orange
888
2 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 26th day of November 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
Attachment: Exhibit A
889

EXECUTIVE MANAGEMENT
&

SENIOR MANAGEMENT

RESOLUTION
JULY 1, 2024 THROUGH JUNE 30, 2025
890

TABLE OF CONTENTS
SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS. 1
SECTION 2. SALARY AND WAGE SCHEDULE. 1
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. 2 SECTION 4. BEGINNING RATES. 2
SECTION 5. SERVICE. 2
SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. 2
SECTION 7. REDUCTION IN SALARY STEPS. 3
SECTION 8. BILINGUAL ASSIGNMENT. 3
SECTION 9. LONGEVITY FOR SAFETY CHIEFS. 3
SECTION 10. EDUCATIONAL INCENTIVE PROGRAM. 4
SECTION 11. INCENTIVE PAY PLAN. 4
SECTION 12. PROMOTION. 4
SECTION 13. DEMOTION. 5
SECTION 14. REASSIGNMENT OF COMPENSATION RANGES. 5
SECTION 15. AT-WILL STATUS. 5
SECTION 16. ACTING TIME PAY. 5
SECTION 17. ADMINISTRATIVE LEAVE. 6
SECTION 18. HOLIDAYS. 7
SECTION 19. VACATION. 8
SECTION 20. PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES ELIGIBILITY FOR FRINGE BENEFITS. 9 SECTION 21. LEAVES OF ABSENCE. 10
SECTION 22. HEALTH INSURANCE. 15
SECTION 23. OTHER INSURANCES. 17
SECTION 24. RETIREMENT. 17
SECTION 25. OTHER FRINGE BENEFITS. 18
891

TABLE OF CONTENTS (CONTINUED)
ii
SECTION 26. DIRECT DEPOSIT. 20
SECTION 27. TRAVEL EXPENSE ALLOWED. 20
SECTION 28. GRIEVANCE PROCEDURE. 21
SECTION 29. EFFECTIVE DATES. 21
APPENDIX A EXECUTIVE MANAGEMENT 22
APPENDIX B SENIOR MANAGEMENT 23
[Remainder of page intentionally left blank.]
892
1 SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS.

A. A basic compensation plan is established for all Executive Management and Senior Management employees of the City of Orange who are now employed or will in the future be employed in any of the classifications of employment listed in this Resolution and its Appendices.

B. The compensation for the City Manager and City Attorney shall be established by contract and they shall receive those benefits and be governed by all applicable rules and regulations related to those benefits provided for Executive Management.

C. Whenever the term "Department Head" is used, it shall be understood to include the City Manager and City Attorney.

D. Whenever the term “Top Management” is used, it shall be understood to include all covered employees within this Resolution.

E. Whenever the term “Executive Management” is used, it shall be understood to include all classifications within Appendix A.

F. Whenever the term “Senior Management” is used, it shall be understood to include all classifications within Appendix B.

G. Except as amended by a written instrument formally approved by the City Council, the City Manager and City Attorney shall receive the fringe benefits that are afforded to Executive Management and shall have their compensation and terms of employment set forth herein.

SECTION 2. SALARY AND WAGE SCHEDULE.

The monthly salaries for employees covered by this Resolution are hereby incorporated, and listed in Appendices A and B.

The attached salary and wage schedules shall constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range.

The respective ranges shall be identified by number and the steps by the letters A to F inclusive. The minimum length of service required for advancement to the next higher step is provided in Sections 5 and

6. The City Manager reserves the right to grant an additional salary increase of up to five percent (5.0%) for any classifications described herein in Appendices A and B. Any such increases shall not exceed a total cost of one percent (1.0%) of payroll for Top Management employees.

In an effort to avoid compaction between classifications, the following classification shall be compensated with a salary differential as follows:

The Police Chief shall be paid at least ten percent (10.0%) above the base salary of the Police Captain classification.
893
2 SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN.

The compensation ranges and steps contained in the attached salary schedule are monthly compensation rates.

For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be calculated to the nearest one-half (½) cent.

Part-time employees who are scheduled to work an average of at least 20 hours per week on a year-round basis may be considered for advancement to the next higher step upon completion of 2080 hours of employment.

SECTION 4. BEGINNING RATES.

A new employee of the City shall be paid the rate shown in Step A in the range allocated to the class of employment for which the employee has been hired, except that on the request of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed in Steps B through F depending upon the employee's qualifications.

SECTION 5. SERVICE.

The word service, as used in this Resolution, shall be defined to mean continuous, full-time service in the employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.

A lapse of service by any employee for a period of time longer than thirty (30) days by reason of resignation or discharge eliminates the accumulated length of service time of such employee for the purpose of this Resolution. Employees re-entering the service of the City shall be considered as a new employee, except that the employee may, at the discretion of the City, be re-employed within one (1) year and placed in the same salary step in the appropriate compensation range, and earn the same vacation accrual rate, as the employee was at the time of the separation of employment.

SECTION 6. ADVANCEMENT WITHIN SALARY RANGES.

The following regulations shall govern salary advancement:

A. Merit Advancement. An employee shall be considered for advancement through the salary range upon completion of the minimum length of service required. The effective date of such merit increase, if granted, shall be the first day of the next pay period following the completion of the length of service required for such advancement. Advancement through the salary Steps A through F may be granted only for continuous, meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of the position. Such merit advancement shall require the following:
1) The Department Head shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons 894
3 therefore. If denied by the Human Resources Director, the reason for denial will be provided to the Department Head.
2) Advancements through the Step A through Step F, shall occur, if granted, in yearly increments.
3) A lapse of service of thirty (30) continuous calendar days or more for any reason shall extend the due date for the merit performance evaluation by an equal number of days absent.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that the employee be advanced to a higher pay step without regard to the minimum length of service requirements contained in this Resolution. With concurrence of the City Manager, the Human Resources Director may, on the basis of a Department Head's recommendation, approve such an advancement.

SECTION 7. REDUCTION IN SALARY STEPS.

Any employee who is being paid on a salary step higher than Step A may be reduced by one (1) or more steps upon the recommendation of the Department Head, and with the approval of the Human Resources Director. Such reduction shall take place only after the employee has been notified of the reasons and has had an opportunity to respond. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and such employee may be considered for re-advancement under the same provisions as contained in Subsection A of Section 6.

SECTION 8. BILINGUAL ASSIGNMENT.

Employees covered by this Resolution may be assigned by the Department Head, with approval of the Human Resources Director, to a bilingual assignment. The Department Head shall determine the number of bilingual assignment positions which are necessary based upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive an additional $140.00 per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis as determined by the Human Resources Department.

No permanency or seniority may be obtained in a bilingual assignment and such assignment may be revoked at any time by the Human Resources Director or a duly authorized designee. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 9. LONGEVITY FOR SAFETY CHIEFS.

A. In an effort to maintain equality with subordinate classifications, the Fire Chief shall be eligible for Longevity Pay as follows:
895
4 Years of Service Monthly
Incentive
20 $550.00
25 $750.00
B. In an effort to maintain equality with subordinate classifications, the Police Chief shall be eligible for Longevity Pay as follows:

Years of Service Monthly
Incentive
15 $250.00
20 $500.00
25 $1,250.00
C. This form of pay, also referred to as “Longevity Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(1), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(1).

SECTION 10. EDUCATIONAL INCENTIVE PROGRAM.

A. Employees covered by this Resolution, other than the Police Chief and Fire Chief, with postgraduate degrees (i.e., Master’s degree or higher) shall be eligible to receive $600.00 per month.

B. In an effort to maintain equality with subordinate classifications, the Fire Chief shall receive $550.00 per month for a Bachelor’s degree or $750.00 per month for a Master’s degree.

C. In an effort to maintain equality with subordinate classifications, the Police Chief shall receive $700.00 for a Bachelor’s degree or $950.00 per month for a Master’s degree.

D. This form of pay, also referred to as “Educational Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 11. INCENTIVE PAY PLAN.

The City Manager may, for the employees covered by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at the City Manager’s full discretion.

SECTION 12. PROMOTION.

When an employee is promoted to a position in a higher classification, the employee may be assigned to the step in the new salary range which provides for at least a five percent (5.0%) increase. With the approval of the Department Head and Human Resources Director, the employee may be placed in the step in the new salary range as will grant the employee an increase of at least one, but not more than three salary steps.
896
5 SECTION 13. DEMOTION.

When an employee is demoted to a position in a lower classification, the salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:

A. The salary rate shall be reduced by at least one (1) step.

B. The new salary rate must be within the salary range for the classification to which the employee was demoted.

SECTION 14. REASSIGNMENT OF COMPENSATION RANGES.

Any employee who is employed in a classification which is assigned to a different pay range shall be retained in the same salary step in the new range as the employee previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however:

A. That if such retention results in the advancement of more than one (1) step, the Human Resources Director may at the time of reassignment, place the employee in a step which will result in an increase of only one step.

B. That if the reassignment is to a lower compensation range, the F Step of which is lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position is reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range.

C. That if the reassignment is to a lower compensation range, the F Step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired in such step toward advancement to the next higher step. If there is no equivalent step, the employee shall be placed in the step which is closest to, but not less than, the employee’s current salary step.

SECTION 15. AT-WILL STATUS.

Top Management employees serve at the pleasure of the City Manager, with the exception of those within the City Attorney’s Office who serve at the pleasure of the City Attorney. Consideration for advancement, reduction, demotion, termination, or reassignment shall be at the initiation of the City Manager or City Attorney, as applicable, and in accordance with the Orange Municipal Code. In addition, all employees covered by this Resolution are employed at-will and serve in accordance with Title 2 of the Orange Municipal Code.

SECTION 16. ACTING TIME PAY.

An employee shall receive acting time pay, as further defined below, at A Step of the higher class, or five percent (5.0%) above the employee's regular salary, whichever is greater, for work performed in the higher classification. The Department Head or the authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment. 897
6 A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent’s approved leave of absence, said employee shall receive a Temporary Upgrade Pay premium. Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is “compensation to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration.” The above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA).

B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation, promotion, demotion or termination. Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) defines an “out-of-class appointment” to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a “vacant position” refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence (see “Temporary Upgrade Pay” above).

SECTION 17. ADMINISTRATIVE LEAVE.

Employees covered by this Resolution are exempt from Fair Labor Standards Act overtime provisions as executive, administrative, and professional employees. This Resolution establishes a pay system which provides all covered employees with sick leave and other leave which covered employees use for purposes of public accountability. However, the City will provide paid administrative leave as follows:

A. Regular full-time employees identified in Appendix A shall accrue 80 hours of administrative leave annually for continuous service.

B. Regular full-time employees identified in Appendix B shall accrue 63 hours of administrative leave annually for continuous service.

C. Employees hired after January 1st of each year shall receive a prorated portion of the administrative leave during their first calendar year of employment.

D. The minimum charge to the employee's administrative leave account shall be one-quarter (¼) hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour.

E. Usage of administrative leave shall be at the convenience of the City with the approval of the respective Department Head or City Manager.

F. All administrative leave shall accrue January 1st of each year.

G. Annually, unused administrative leave at the end of the calendar year, and upon retiring from City service and entering CalPERS as a retired annuitant shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C). 898
7 H. Unused administrative leave upon separation for reasons other than retirement shall be forfeited.

SECTION 18. HOLIDAYS.

Employees covered by this Resolution shall receive the following nine (9) hour paid holidays (10 hours for employees assigned to Fire or Police Departments), except as provided in item 9 below:
1) January 1st (New Year’s Day)
2) The third Monday in February (Presidents’ Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) December 24th (Christmas Eve), if it falls on a Monday through Thursday 10) December 25th (Christmas Day)
A. Floating Holidays. In addition to the above, employees will have credited to their paid leave balance 22.5 floating holiday hours beginning January 1st of each year. Employees hired after January 1st of each year shall receive a prorated portion of the 22.5 floating holiday hours during their first calendar year of employment. The floating holiday hours shall be taken at the convenience of the City with the approval of the City Manager or the Department Head.

Unused floating holiday hours at the end of the calendar year or upon separation from City service shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C).

B. Holidays on Certain Days of the Week. In the event any of the above holidays, except Christmas Eve, fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except Christmas Eve, the preceding Friday will be taken in lieu of the actual date on which the holiday falls.

When any of the above holidays falls on an employee’s regularly scheduled day off during the week, except Christmas Eve, employees will be credited with nine (9) hours (ten (10) hours for employees assigned to the Fire and Police Departments) of holiday compensatory time.

Accumulated holiday compensatory time must be used by the employee by June 30th of the same fiscal year in which it was accumulated. Unused holiday compensatory time shall be paid in cash to an employee upon separation of employment.

C. Eligibility to Receive Holiday Pay. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of an approved absence, the employee's regularly scheduled day before and regularly scheduled day after the holiday.

Newly hired employees are provided with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines established in this Section, and/or with approval of the Human Resources Director.

D. Holidays During Vacation. Should one of the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. 899
8 SECTION 19. VACATION.

A. Vacation Accrual. All full-time regular employees described herein accrue paid vacation in accordance with the following schedules.
1) For Executive Management, the following schedule shall apply:

Years of Service Vacation Hours
Per Year Years of Service Vacation HoursPer Year
1 144 16 208
2 149 17 212
3 154 18 216
4 159 19 220
5 164 20 224
6 170 21 228
7 172 22 232
8 176 23 236
9 180 24 240
10 184 25 244
11 188 26 248
12 192 27 252
13 196 28 256
14 200 29 260
15 204 30 264
2) For Senior Management, the following schedule shall apply:

Years of Service Vacation Hours
Per Year Years of Service Vacation HoursPer Year
1 104 16 188
2 114 17 192
3 124 18 196
4 134 19 200
5 144 20 204
6 148 21 208
7 152 22 212
8 156 23 216
9 160 24 220
10 164 25 224
11 168 26 228
12 172 27 232
13 176 28 236
14 180 29 240
15 184 30 244
B. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the City with the approval of the Department Head or a duly authorized designee. Where possible, such vacation should be taken annually and not accumulated from year to year. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding 24-month period. Employees with less than one (1) year’s continuous service shall 900
9 accrue vacation but may not use vacation until successful completion of one (1) year’s continuous service, except with the approval of the City Manager, or in the event of a City Hall holiday closure, with approval of the Human Resources Director. Employees whose accumulated vacation reaches the above-defined limit receive no additional vacation accrual until such time as the accumulated vacation hours fall below the allowable limit.

C. Vacation Conversion. An employee may convert up to 50% of their current annual vacation accrual into pay in lieu of time off with pay on an annual basis. An employee requesting such conversion must meet the eligibility requirements as set forth in Section 19(B) and may convert twice in a fiscal year, within the cap provisions stated above. Any exception to this provision requires the approval of the Human Resources Director.

On or before December 15, 2025, and every December 15th thereafter, a qualified employee who elects to cash out accrued vacation for the following year shall submit written request to the Human Resources Department stating their irrevocable election(s).

The City shall administer the cash out twice annually, starting in June 2026 and every June and December thereafter. The City shall make the cash outs in the second pay period in June and December. Such cash outs shall be paid at the employee's net salary hourly rate of pay.

D. Vacation Payout Upon Termination. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual.

Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service.

SECTION 20. PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES ELIGIBILITY FOR FRINGE BENEFITS.

A. Definitions. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per year or months per year of work. 1) Regular part-time employees shall be those employees scheduled in the budget to work 20 or more hours per week on a year-round basis (52 weeks minus approved leave). 2) Temporary part-time employees shall be those employees scheduled in the budget to work less than 20 hours per week on a year-round basis (52 weeks minus approved leave).
3) Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year-round basis regardless of hours worked.

B. Entitlement to Fringe Benefits Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled to work to the normal 40-hour week on an annual basis.

The annual schedule for all eligible part-time employees shall be the schedule which is included in the City's approved budget or a schedule which is designated by Management at the commencement of the employee's employment with the City. This formula of proration shall apply to holiday pay, vacation, sick leave, flexible benefit contribution, disability 901
10 insurance contribution, money purchase retirement plan, and CalPERS retirement contribution.

Regular part-time employees may receive step increases provided they have performed 2080 hours of service.

C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in the resolution or in any resolution of the City unless otherwise required by law.

SECTION 21. LEAVES OF ABSENCE.

A. Leave of Absence Without Pay. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:
1) After all available leave benefits, including vacation, administrative leave, floating holiday, compensatory time, sick leave, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay or benefits. No such leave will be considered absent a written application from the employee requesting leave. 2) If the Department Head and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefits.

The employee shall not be continued “in service” as that term is defined in this Resolution.
3) No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under Section 21(I). During such leave in excess of five (5) working days, no seniority shall be accumulated.
4) Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division.

The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave.
5) At the end of any approved leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten (10) days before the end of the approved leave, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, the Human Resources Director may approve such extension of the leave of absence for a period up to, but not to exceed, an additional six (6) months.
6) If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the employee shall be considered as having abandoned their employment with the City and shall be terminated. 902
11 7) An employee on leave of absence must give the City at least seven (7) days’ written notice of their intent to return to work prior to returning to work. 8) Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Department Head may be subject to termination.
9) Any employee who falsifies the reason for the request for said leave of absence may be terminated.
10) Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain their seniority rights.
11) Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department. 12) The City Manager will allow an employee to take a leave of absence without pay during a City Hall holiday closure without having to exhaust all accrued leave benefits on the books. During said closure, employees will not see a reduction in benefits, including no loss of eligibility for holiday pay, if Leave Without Pay hours are used during the closure (i.e. the day after Christmas and/or working day before the New Year’s day.) B. Jury Duty and Services as Witness for City. When required to serve on a jury, all employees shall be provided with paid time off for a period of actual service required on the jury, provided all jury fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. Once an employee has completed jury service, the employee must provide the Certificate of Jury Service to the immediate supervisor to qualify for jury duty compensation. If an employee is called as a witness on behalf of the City, the employee shall receive their normal pay for the time spent by the employee serving as a witness for the City.

An employee shall be required to pay any witness fees that accrue to the employee for witness service to the City as a condition of receiving normal pay while serving as a witness for the City. Any exceptions to this provision must meet the approval of the Human Resources Director.

C. Military Leave of Absence. If an employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the provisions of Federal and State law, including Uniformed Services Employment and Re-employment Rights Act (USERRA) and the Military and Veterans' Code. Employees must provide a copy of their military orders, and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for a military leave of absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director.

D. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:
1) For employees working a regular 40-hour week, eight (8) hours of sick leave will accrue for each month of continuous service.
903
12 2) All non-benefited employees shall receive sick leave as required by State law. 3) Sick leave will be charged at the rate of one-quarter (¼) hour for each one-quarter (¼) hour an employee is absent.
4) Employees who promote to Top Management shall have all their sick leave hours placed into a sick leave accrual bank.
5) Any employee eligible for sick leave with pay may use such leave for the following reasons:
(a) Medical and dental office appointments during work hours when authorized by the Department Head or a duly authorized designee; and/or (b) Personal illness or physical incapacity resulting from causes beyond the employee's control, in addition to pregnancy, childbirth, and other medically related conditions.
6) Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided for in Subsection E below. 7) Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one-quarter (¼) hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour. Sick leave shall only be used for the purposes stated and the Department Head shall be responsible for control of employee abuse of the sick leave privilege.

Employees may, upon prior notice and in the complete discretion of the Department Head, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness. 8) Sick Leave Payout Program. Unused sick leave shall be paid off according to the following:
(a) Employees with sick leave usage of 0.0 to 27.0 hours per payroll calendar year will have the option to convert 40 hours of their unused sick leave to vacation in the first pay period of the following payroll calendar year. (b) Employees with sick leave usage of 27.25 to 36.0 hours per payroll calendar year may convert 30 hours of unused sick leave to vacation the following year. (c) Employees must have a minimum balance of 180 hours of sick leave, combining both sick leave banks, available after conversion. In addition, no hours will be converted to vacation if said conversion places the employee’s vacation bank over the maximum allowable accrual. Conversion of sick leave to vacation shall occur in the first pay period of the following payroll calendar year based upon sick leave usage during the previous payroll calendar year. 904
13 (d) Any sick leave converted to vacation shall be subject to the provisions described in Section 19. The employee must file a sick leave payout designation form each year, if eligible for the conversion of unused sick leave to vacation. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account. Employees shall still be subject to the maximum vacation accrual at any given time equivalent to 24 months’ worth of accrued hours. Any request to convert which exceeds the maximum vacation accrual allotted shall not be converted to vacation and shall remain in the employee’s sick leave bank.
(e) Upon retirement from employment with the City and entering CalPERS as a retired annuitant, an employee with a minimum of five (5) years of continuous service to the City shall receive pay for 50% of all unused sick leave hours. The cash value of this unused sick leave payout will be deposited into the employee’s Retirement Health Savings Plan account, as described in Section 24(C).
(f) Upon separation of employment from the City for any reason, other than retirement as noted in the preceding paragraph an employee shall receive no pay for the first 100 hours (0 to 100 hours) of accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 to 200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 to 352 hours). No pay shall be received for any accruals higher than 352 hours. (g) Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits up to 352 hours shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the deceased employee.

E. Family Leave. In accordance with the California Family Sick Leave and Paid Sick Leave Acts, an employee is allowed up to forty-eight (48) hours of family leave per calendar year for family illness which shall be charged against the employee's accumulated sick leave. Family as used in this subsection is limited to any relation by blood, marriage or adoption who is a member of the employee’s household (under the same roof); and any parent, substitute parent, parent-inlaw, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, regardless of residence. Part-time benefited employees are allowed to use up to one-half of their annual accrual of sick leave for family leave purposes.

F. Bereavement Leave. Regular full-time employees shall be entitled to take up to five (5) days of paid City bereavement leave per incident. The following terms and conditions apply:
1) Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household; and any parent, legal guardian, parentin-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, or sister of the employee regardless of residence.
905
14 2) Days of absence due to bereavement leave shall not exceed five (5) working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons therefor as soon as possible. Failure to inform the immediate supervisor within a reasonable period of time may be cause for denial of bereavement leave with pay for the period of absence.

G. Workers’ Compensation Leave for Safety Employees. For the classifications of Fire Chief and Police Chief, salary continuance, including Labor Code Section 4850 leave, will be provided in accordance with current State Workers’ Compensation laws and regulations.

H. Workers’ Compensation Leave for Non-Safety Employees. For the remaining classifications described in Appendices A and B herein, Workers’ Compensation leave shall be granted as follows:
1) A regular employee shall be granted temporary disability leave in accordance with the current State Workers’ Compensation laws and regulations. When a City employee is entitled to receive temporary disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first 365 days starting from the date of injury.

Temporary disability leave in excess of 365 days will be provided subject to current State Workers’ Compensation laws and regulations.
2) Should it be determined by the employee’s doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers’ Compensation Appeals Board that an employee's illness or injury did not arise in the course of the employee's employment with the City and/or that the employee is not temporarily incapacitated, then the employee's accrued, or if insufficient, future sick leave, shall be charged to reimburse the City for any payments made to the employee pursuant to above. 3) An employee receiving benefits pursuant to Workers’ Compensation Temporary Disability will continue to receive the City’s contribution to the employee’s medical, dental, vision and other applicable insurances. All authorized deductions will continue as though the employee is on regular work status. If the employee has exhausted Temporary Disability benefits, the employee shall be responsible for paying the full premium for the employee’s medical, dental, vision, and other applicable insurances. 4) Temporary Disability leave shall expire when the first of any of the following conditions occur:
(a) The employee is able to return to work and assume the duties of the regular position.
(b) The employee is able to return to work to another position designated by the City.
(c) The day before the employee is retired or separated for disability. The employee's "retirement date" shall be determined by CalPERS. 906
15 5) Before a work-related injury, an employee may elect to pre-designate a qualified medical provider if done in accordance with Workers’ Compensation laws and regulations.

I. Family Care and Medical Leave (FCML). State and Federal laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director.
1) Amount of Leave. Eligible employees are entitled to a total of 12 work weeks of leave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12-month period to determine how much leave has been used in determining how much leave a member is entitled to.
2) Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee must exhaust all accrued leaves (except sick leave) in connection with the leave. This includes vacation, holiday, and other compensatory accruals. If an employee requests leave for the employee’s own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with the Family Care and Medical Leave.
3) Required Forms. Employees must fill out required forms, available in the Human Resources Department, including: Request for Family or Medical Leave; Medical Certification; Authorization for Payroll Deductions for benefit plan coverages (if applicable); and Fitness-for-Duty to return from leave.

SECTION 22. HEALTH INSURANCE.

The City contracts with CalPERS to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA).

A. Retired Annuitant. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS to the extent required by law, a contribution of $157.00 per month ($158.00 for 2025). This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.
907
16 B. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full-time and part-time eligible employees and pay the following monthly amounts to provide funds for optional health plans, dental plans, vision plans, health care reimbursement, dependent care, or cash as established by the Internal Revenue Service. The following amounts include the minimum amount required under PEMCHA, which is $157.00 per month ($158.00 for 2025). This contribution shall be adjusted annually on January 1 st to the amount set by the
CalPERS Board of Administration.

C. Any cost(s) in excess of the amount designated in Section 22B necessary to maintain benefits under any benefits plan selected by the employee shall be borne by the employee.

D. An employee cannot be enrolled in a CalPERS Health Benefits Plan if a spouse is enrolled in the City or enrolled in an agency with CalPERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose not to be enrolled in the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan, the employee must provide proof, as approved by the Human Resources Director, that comparable medical insurance is in full force and effect. Insurance obtained through the State of California marketplace or a County health system will not be deemed comparable medical insurance. Based on determination that insurance is in full force and effect, eligible employees shall receive the amount designated below as taxable income:
1) Employees who were members of Executive Management and Senior Management on or before December 31, 2020, or have a hire date prior to July 1, 2019 (with the exception of the Police Chief and Fire Chief), shall receive: Executive Management $2,265.00 per month, and Senior Management $1,955.00 per month.

Effective January 1, 2025, the cash in lieu waiver amount for employees promoting into this group will not increase/change from what the employee is receiving prior to the promotion.
2) Employees in the classifications of Police Chief or Fire Chief with a hire date prior to March 29, 2020, shall receive $2,265.00 per month.
3) For employees that do not meet the criteria of paragraphs 1 or 2 above, Executive Management employees shall receive $750.00 per month, and Senior Management employees shall receive $500.00 per month.

In the event the employee loses eligibility (with documentation), the employee must enroll in a CalPERS Health Benefits Plan pursuant to their rules and regulations. Failure to do so within sixty (60) days shall result in the City seeking reimbursement of said contributions.

Effective Date Executive
Management
Senior
Management
January 1, 2024 $2,340.00 $2,030.00
January 1, 2025 $2,440.00 $2,130.00
908
17 SECTION 23. OTHER INSURANCES.

A. Life Insurance.
1) For Executive Management, the City shall contribute the full premium towards a $200,000.00 life insurance benefit.
2) For Senior Management, the City shall contribute the full premium towards a $100,000.00 life insurance benefit.

B. Disability Insurance. The City shall provide a long-term disability plan with a long-term disability benefit of two-thirds of salary, after a 60-day elimination period, to a maximum of $12,000.00 per month for Executive Management, and a maximum of $10,000.00 per month for Senior Management.

C. Medicare Insurance. The City shall pay for the employee's portion of the contribution for Medicare coverage for all employees hired after March 31, 1986.

SECTION 24. RETIREMENT.

A. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to, the following retirement benefits:
1) Miscellaneous Retirement Formula – New Members. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subject to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pretax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of Public Employees’ Pension Reform Act (PEPRA).
2) Miscellaneous Retirement Formula – Classic Members. Miscellaneous employees who are not defined as New Members as outlined in Subsection 1 above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute 8% of their compensation earnable, on a pre-tax basis. 3) Safety Retirement Formula – New Members. Safety employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2.7% @ age 57 retirement formula as set forth in California Government Code Section 7522.25(d). These New Members are subject to the three (3) year final compensation measurement period set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre-tax basis, as 909
18 set forth in California Government Code Section 7522.30(c). In all other respects, New Members shall be subject to the terms and requirements of PEPRA. 4) Safety Retirement Formula – Classic Members. Safety employees who are not defined as New Members as outlined in Subsection 3 above are defined as Classic Members of CalPERS and are subject to the 3% @ age 50 retirement formula as set forth in Section 21362.2 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period as set forth in California Government Code Section 20042. These Classic Members shall contribute 9% of their compensation earnable, on a pre-tax basis.
5) 1959 CalPERS Survivor Benefit. The City provides the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: in the event the employer portion exceeds $6.00 monthly, employees shall pay any portion of the employer portion that exceeds $6.00 monthly.

B. Money Purchase Retirement Plan. The City provides a Money Purchase Retirement Plan for employees covered by this Resolution. The City shall contribute an amount equal to three percent (3.0%) of the employees' base salary as shown in Appendices A and B toward an IRS Section 401(a) account. In lieu of this City provided benefit, the employee may elect to have added to the employee’s base salary an additional three percent (3.0%), however this three percent (3.0%) is not reported to CalPERS as pensionable compensation. This election can be made only upon initial employment or promotion into the group and is irrevocable.

C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a Retirement Health Savings Plan for employees covered by this Resolution. Effective January 1, 2008, all Top Management employees are required to participate in the plan by making the following tax-deferred contributions to the plan:
1) The cash value of the employee’s unused floating holiday hours at the end of each calendar year or upon separation from City service;
2) The cash value of the employee’s unused administrative leave balance at the end of each calendar year or upon retirement from City service and entering CalPERS as a retired annuitant; and
3) The full cash value of the employee’s unused sick leave payout upon retirement from City service (i.e., 50% of all unused sick leave hours for qualified employees) and entering CalPERS as a retired annuitant.

SECTION 25. OTHER FRINGE BENEFITS.

A. Wellness Program. Senior Management employees may receive up to $550.00 per fiscal year, and Executive Management employees may receive up to $850.00, towards reimbursement for items 1, 2, 3, and/or 4 below. Requests for the items below must be approved, prior to purchase or participation, by the Human Resources Director.
910
19 1) Membership in a health/fitness club.
2) Participation in a weight loss/smoking cessation/wellness/fitness program. 3) Fitness equipment (home gym equipment).
4) An annual medical examination/scan where the content and extent of the examination of each individual shall be determined by the physician in charge and shall be tailored to the individual's particular needs.

The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses. Employees with a future separation date on file are ineligible for this benefit.

B. Educational Assistance. The City will reimburse employees for the cost of tuition, textbooks, parking fees, and health fees required for approved community college and college courses, as well as job-required licensing, testing, renewal, and registration fees. An approved course is one designated to directly improve the knowledge of the employee relative to their specific job, and must be approved by the Department Head and the Human Resources Director prior to registration. Full reimbursement up to the amount specified below will be provided based upon completion of the approved course(s) with a final grade of C or better.

Educational assistance payments to an employee shall not exceed $1,500.00 in any one fiscal year and the employee must still be employed by the City when the course is completed.

The City agrees to allow reimbursement to Executive Management up to $1,000.00, and Senior Management up to $800.00 of the $1,500.00 allotted per fiscal year for activities which aid in their professional development. Reimbursable activities include the following:
1) Attendance at job-related professional conferences and seminars; 2) Payment of membership dues in community and professional organizations; and 3) Purchase of job-related professional journals, books, and other written materials which further their knowledge and improve their effectiveness in their duties.

Participation and/or purchase must be approved in advance by the Department Head and the Human Resources Director.

The above reimbursable activities are made to recognize and encourage staff to pursue educational and public relations-oriented activities beyond those normally budgeted for them by their departments and in which they are directed to participate. Approved activities are those which may be expected to further their knowledge of their jobs and the Orange community and which contribute to their improved effectiveness. Employees with a future separation date on file are ineligible for this benefit.

Individual departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials which enhance the staff's knowledge. 911
20 C. Uniforms. The City shall pay and report to CalPERS the following values for uniform expenses:
$1,000.00 per year for the Fire Chief, $1,000.00 per year for the Police Chief, and $400.00 per year for the Emergency Medical Services Manager and $400.00 per year for the Senior Emergency Medical Services Manager. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5). This uniform expenditure will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by PEPRA.

D. Rideshare Incentive Program. An employee may receive $30.00 per month and eight (8) hours compensatory time every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to and from the work-site. To qualify for these incentives, an employee must use one of the above forms of transportation 70% of commuting time. This $30.00 per month compensation is not pension reportable pursuant to CalPERS Regulations.

E. Technology Stipend. In lieu of being provided a City-issued cell phone pursuant to Section

1.63 of the City’s Administrative Policy Manual, designated employees shall receive $50.00 per month as reimbursement for any and all cost related to the purchase and use of a cell phone for City-related business. For purposes of this section, designated employees are those that the Department Head have determined are required to carry cell phones so that they may be contacted when they are away from their office phone or computer. This $50.00 per month compensation is not pension reportable pursuant to CalPERS Regulations.

SECTION 26. DIRECT DEPOSIT.

All employees must participate in the City’s direct deposit paycheck program.

SECTION 27. TRAVEL EXPENSE ALLOWED.

A. Mileage Reimbursement. Expense claims for the use of private automobiles must be authorized by the Department Head, and submitted to the Accounts Payable Division of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS regulations.

B. Out-of-City Travel. If the estimated expense of contemplated travel outside of the City is too great to expect the employee to finance the trip and be reimbursed upon the employee’s return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee.

C. Economy class airfare will be considered standard for out-of-town travel.

D. Use of personal cars for out-of-City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use a personal car, the employee may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation. 912
21 E. Transportation and Expense Charges. Expenses for air, rail, or public transportation will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for the conduct of City business.
1) Expenses will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip and must be approved by the Department Head. 2) Telephone charges will be allowed for official calls. 3) Expenses for meals will be reimbursed according to Administrative Policy 4.13.

SECTION 28. GRIEVANCE PROCEDURE.

Any employee covered by this Resolution who wishes to file a grievance should follow the procedures outlined in the City’s Employee Handbook.

SECTION 29. EFFECTIVE DATES.

This Resolution and Appendices hereto shall be effective as of July 1, 2024 and shall continue in full force and effect until June 30, 2025 unless otherwise amended. [Remainder of page intentionally left blank.]
913
22 APPENDIX A

EXECUTIVE MANAGEMENT

MONTHLY SALARY RANGES
EFFECTIVE JULY 16, 2023

4.0% Across the Board Salary Increase

5.0% Salary Increase for Fire Chief and Police Chief

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director 748 14873 15634 16428 17268 18148 19073 Assistant City Manager 757 15557 16352 17183 18061 18982 19950 City Clerk Services Director 652 9214 9686 10178 10697 11244 11816 Community Development Director 738 14150 14873 15629 16427 17265 18145 Community Services Director 733 13801 14507 15244 16023 16840 17699 Finance Director 738 14150 14873 15629 16427 17265 18145 Fire Chief 763 16030 16849 17706 18610 19560 20557
Human Resources Director 733 13801 14507 15244 16023 16840 17699 Library Services Director 703 11883 12491 13126 13796 14500 15239 Police Chief 784 17802 18712 19664 20668 21722 22830
Public Works Director 738 14150 14873 15629 16427 17265 18145 EFFECTIVE AUGUST 25, 2024

3.0% Cost-of-Living Adjustment

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director 754 15325 16109 16928 17793 18700 19653 Assistant City Manager 763 16030 16849 17706 18610 19560 20557 City Clerk Services Director 658 9494 9980 10487 11022 11585 12175 Community Development Director 744 14579 15325 16104 16927 17790 18697 Community Services Director 739 14220 14947 15707 16510 17352 18236 Finance Director 744 14579 15325 16104 16927 17790 18697 Fire Chief 769 16517 17362 18245 19177 20155 21182
Human Resources Director 739 14220 14947 15707 16510 17352 18236 Library Services Director 709 12244 12870 13524 14215 14940 15702 Police Chief 790 18344 19282 20262 21297 22383 23524
Public Works Director 744 14579 15325 16104 16927 17790 18697 914
23 APPENDIX B

SENIOR MANAGEMENT

MONTHLY SALARY RANGES
EFFECTIVE JULY 16, 2023

4.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager1 642 8766 9215 9682 10177 10696 11242 Administrative Analyst I 562 5882 6182 6498 6829 7177 7543 Administrative Analyst II 582 6499 6831 7179 7545 7930 8335 Administrative Manager2 632 8340 8766 9211 9682 10176 10694 Assistant City Attorney I 688 11027 11590 12180 12802 13455 14140 Assistant City Attorney II 698 11590 12183 12802 13456 14143 14864 Assistant Community Devel. Director 696 11475 12062 12675 13323 14002 14716 Assistant Community Services Director 683 10755 11305 11880 12486 13123 13792 Assistant Field Services Manager 663 9734 10232 10752 11300 11878 12482 Assistant Finance Director 683 10755 11305 11880 12486 13123 13792 Assistant Human Resources Director 683 10755 11305 11880 12486 13123 13792 Assistant Library Services Director 642 8766 9215 9682 10177 10696 11242 Assistant Public Works Director 708 12183 12806 13457 14145 14866 15624 Assistant to the City Manager 632 8340 8766 9211 9682 10176 10694 Assistant Water Manager 663 9734 10232 10752 11300 11878 12482 Budget Manager 632 8340 8766 9211 9682 10176 10694
Budget Officer 622 7934 8340 8763 9211 9681 10174
Building and Safety Manager 663 9734 10232 10752 11300 11878 12482 Chief Building Official 683 10755 11305 11880 12486 13123 13792 Crime Analyst 580 6435 6763 7108 7470 7851 8252
Deputy City Clerk 584 6564 6899 7251 7621 8009 8418
Deputy City Manager 696 11475 12062 12675 13323 14002 14716 Deputy Public Works Director 698 11590 12183 12802 13456 14143 14864 Economic Development Manager 683 10755 11305 11880 12486 13123 13792 Economic Development Project Manager 632 8340 8766 9211 9682 10176 10694 Emergency Manager 647 8987 9447 9927 10434 10967 11525
Emergency Medical Services Manager 647 8987 9447 9927 10434 10967 11525 Employee Benefits Analyst 575 6276 6596 6933 7286 7658 8049 Equipment Maint. Superintendent 635 8465 8898 9351 9828 10330 10856 Executive Assistant 529 4990 5244 5512 5793 6088 6399
Executive Assistant to the Chief 549 5513 5795 6089 6401 6727 7070 Field Services Manager 683 10755 11305 11880 12486 13123 13792 Finance Manager 614 7624 8014 8421 8851 9302 9776
Financial Analyst 586 6630 6969 7324 7697 8090 8503
Housing Manager 632 8340 8766 9211 9682 10176 10694
915
24 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst I 567 6031 6338 6662 7001 7358 7734 Human Resources Analyst II 594 6900 7253 7621 8010 8419 8848 Human Resources Manager 663 9734 10232 10752 11300 11878 12482 Information Technology Manager 683 10755 11305 11880 12486 13123 13792 Information Technology Project Manager 663 9734 10232 10752 11300 11878 12482 Intergovernmental & Comm Affairs Mgr 674 10283 10809 11359 11938 12547 13187 Internal Audit Manager 632 8340 8766 9211 9682 10176 10694 Investment/Revenue Officer 602 7181 7548 7931 8336 8762 9208 Manager of Trans Svcs/City Traffic Eng 683 10755 11305 11880 12486 13123 13792 Network/Security Analyst 613 7586 7974 8379 8807 9256 9727 Parks and Facilities Manager 663 9734 10232 10752 11300 11878 12482 Payroll Manager 632 8340 8766 9211 9682 10176 10694
Planning Manager 683 10755 11305 11880 12486 13123 13792 Principal Civil Engineer 663 9734 10232 10752 11300 11878 12482 Principal Planner 652 9214 9686 10178 10697 11244 11816 Public Affairs & Information Manager 632 8340 8766 9211 9682 10176 10694 Public Works Administrator4 632 8340 8766 9211 9682 10176 10694 Purchasing Officer 614 7624 8014 8421 8851 9302 9776
Records Manager3 562 5882 6182 6498 6829 7177 7543
Recreation Services Manager 653 9261 9734 10229 10751 11300 11875 Risk Management Analyst 565 5971 6275 6596 6931 7285 7657 Risk Manager 667 9930 10438 10969 11528 12117 12734
Senior Administrative Analyst 612 7548 7934 8337 8763 9210 9679 Senior Assistant City Attorney 718 12806 13461 14145 14868 15626 16423 Senior Assistant to the City Manager 663 9734 10232 10752 11300 11878 12482 Senior Econ Development Project Mgr 658 9494 9980 10487 11022 11585 12175 Senior Emergency Medical Svcs Mgr 683 10755 11305 11880 12486 13123 13792 Senior Executive Assistant to the City
Council and the City Manager
579 6403 6729 7073 7433 7812 8211
Senior Housing Manager 658 9494 9980 10487 11022 11585 12175 Senior Human Resources Analyst 624 8014 8423 8851 9303 9779 10276 Senior Library Manager 622 7934 8340 8763 9211 9681 10174 Systems Analyst 613 7586 7974 8379 8807 9256 9727
Water Manager 683 10755 11305 11880 12486 13123 13792

1. Classification of Accounting Manager received an equity adjustment of 5.0% pursuant to Resolution No. 11480.

2. Classification of Public Works Administrative Manager retitled to Administrative Manager effective June 18, 2023 pursuant to City Council FY 24 budget adoption and Resolution No.11480.

3. Classification of Records Manager established effective June 18, 2023 pursuant to City Council FY 24 budget adoption and Resolution No.11480.

4. Classification of Public Works Administrator established effective March 10, 2024 pursuant to City Council FY 24 midyear budget adoption and Resolution No 11532. 916
25 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES
EFFECTIVE AUGUST 25, 2024

3.0% Cost-of-Living Adjustment

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager 648 9032 9495 9977 10486 11022 11583 Administrative Analyst I 568 6061 6370 6695 7036 7395 7772 Administrative Analyst II 588 6696 7039 7397 7774 8171 8588 Administrative Manager 638 8593 9033 9491 9976 10485 11020 Assistant City Attorney I 694 11362 11942 12550 13191 13863 14570 Assistant City Attorney II 704 11943 12553 13191 13865 14572 15315 Assistant Community Devel. Director 702 11824 12429 13060 13728 14428 15163 Assistant Community Services Director 689 11082 11648 12240 12866 13522 14211 Assistant Field Services Manager 669 10030 10542 11078 11644 12239 12862 Assistant Finance Director 689 11082 11648 12240 12866 13522 14211 Assistant Human Resources Director 689 11082 11648 12240 12866 13522 14211 Assistant Library Services Director 648 9032 9495 9977 10486 11022 11583 Assistant Public Works Director 714 12553 13195 13866 14574 15318 16098 Assistant to the City Manager 638 8593 9033 9491 9976 10485 11020 Assistant Water Manager 669 10030 10542 11078 11644 12239 12862 Budget Manager 638 8593 9033 9491 9976 10485 11020
Budget Officer 628 8175 8593 9029 9491 9975 10483
Building and Safety Manager 669 10030 10542 11078 11644 12239 12862 Chief Building Official 689 11082 11648 12240 12866 13522 14211 Crime Analyst 586 6630 6969 7324 7697 8090 8503
Deputy City Clerk 590 6764 7109 7470 7852 8253 8673
Deputy City Manager 702 11824 12429 13060 13728 14428 15163 Deputy Public Works Director 704 11943 12553 13191 13865 14572 15315 Economic Development Manager 689 11082 11648 12240 12866 13522 14211 Economic Development Project Manager 638 8593 9033 9491 9976 10485 11020 Emergency Manager 653 9261 9734 10229 10751 11300 11875 Emergency Medical Services Manager 653 9261 9734 10229 10751 11300 11875 Employee Benefits Analyst 581 6467 6796 7144 7508 7890 8293 Executive Assistant 535 5141 5403 5679 5969 6273 6593
Executive Assistant to the Chief 555 5680 5970 6274 6595 6930 7284 Field Services Manager 689 11082 11648 12240 12866 13522 14211 Finance Manager 620 7856 8257 8676 9119 9585 10074
Financial Analyst 592 6831 7181 7545 7931 8336 8760
Housing Manager 638 8593 9033 9491 9976 10485 11020
917
26 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst I 573 6214 6530 6864 7214 7582 7969 Human Resources Analyst II 600 7110 7473 7853 8254 8675 9116 Human Resources Manager 669 10030 10542 11078 11644 12239 12862 Information Technology Manager 689 11082 11648 12240 12866 13522 14211 Information Technology Project Manager 669 10030 10542 11078 11644 12239 12862 Intergovernmental & Comm Affairs Mgr 680 10595 11137 11703 12301 12928 13587 Internal Audit Manager 638 8593 9033 9491 9976 10485 11020 Investment/Revenue Officer 608 7399 7778 8172 8590 9028 9488 Manager of Trans Svcs/City Traffic Eng 689 11082 11648 12240 12866 13522 14211 Network/Security Analyst 619 7817 8216 8633 9074 9538 10023 Parks and Facilities Manager 669 10030 10542 11078 11644 12239 12862 Payroll Manager 638 8593 9033 9491 9976 10485 11020
Planning Manager 689 11082 11648 12240 12866 13522 14211 Principal Civil Engineer 669 10030 10542 11078 11644 12239 12862 Principal Planner 658 9494 9980 10487 11022 11585 12175 Public Affairs & Information Manager 638 8593 9033 9491 9976 10485 11020 Public Works Administrator 638 8593 9033 9491 9976 10485 11020 Purchasing Officer 620 7856 8257 8676 9119 9585 10074
Recreation Services Manager 659 9541 10030 10539 11077 11643 12236 Risk Management Analyst 571 6152 6466 6795 7143 7507 7889 Risk Manager 673 10232 10755 11302 11879 12485 13121
Senior Administrative Analyst 618 7778 8175 8590 9029 9490 9974 Senior Assistant City Attorney 724 13195 13870 14575 15320 16101 16922 Senior Assistant to the City Manager 669 10030 10542 11078 11644 12239 12862 Senior Econ Development Project Mgr 664 9782 10283 10806 11357 11937 12545 Senior Emergency Medical Svcs Mgr 689 11082 11648 12240 12866 13522 14211 Senior Executive Assistant to the City
Council and the City Manager 585 6597 6934 7287 7659 8050 8461 Senior Housing Manager 664 9782 10283 10806 11357 11937 12545 Senior Human Resources Analyst 630 8257 8679 9120 9586 10075 10588 Senior Library Manager 628 8175 8593 9029 9491 9975 10483 Systems Analyst 619 7817 8216 8633 9074 9538 10023
Water Manager 689 11082 11648 12240 12866 13522 14211
918
RESOLUTION NO. 11578

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11562 AND AMENDING THE CITYWIDE PAY

SCHEDULE IN ACCORDANCE WITH THE

REQUIREMENTS OF CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City of Orange, (“City”), contracts with the California Public Employees’ Retirement System to provide retirement benefits for its employees; and WHEREAS, per California Code of Regulations, Title 2, Section 570.5 (“Regulation 570.5”), the amount of “compensation earnable” pursuant to the Government Code is limited to the payrate listed on a pay schedule that meets certain requirements; and WHEREAS, the attached Citywide Pay Schedule meets the following requirements of Regulation 570.5: (1) is duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws; (2) identifies the position title of every employee; (3) shows the pay rate for each position; (4) indicates the time base for each pay rate; (5) is posted at the office of the employer or immediately accessible for public review during normal business hours or posted on the employer’s internet website; (6) indicates an effective date and date of any revisions; (7) is retained by the employer and available for public inspection for a period not less than five years; and (8) does not reference another document in lieu of disclosing the pay rate; and
WHEREAS, on November 26, 2024, the City Council approved Resolution No. 11577, relating to the classification, compensation, and terms of employment of Executive Management and Senior Management Employees, with an effective date of August 25, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Resolution No. 11562 is here by rescinded and the attached revised Citywide Pay Schedules are approved and incorporated.

ADOPTED this 26th day of November 2024.

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

Pamela Coleman, City Clerk, City of Orange
919
2 APPROVED AS TO FORM:

Mike J. Vigliotta, City Attorney, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
Attachments:

Attachment A - Citywide Pay Schedule – August 25, 2024
920
Attachment A
City of Orange
Citywide Pay Schedule – Revision Effective August 25, 2024 Approved by City Council on November 26, 2024
Classification Title Group Effective Salary Type Range Step A Step B Step C Step D Step E Step F Step G Step H Accountant OMEA 12/31/2023 Monthly 573 6,214 6,530 6,864 7,214 7,582 7,969 Accounting Manager SM 8/25/2024 Monthly 648 9,032 9,495 9,977 10,486 11,022 11,583 Administrative Analyst I SM 8/25/2024 Monthly 568 6,061 6,370 6,695 7,036 7,395 7,772 Administrative Analyst II SM 8/25/2024 Monthly 588 6,696 7,039 7,397 7,774 8,171 8,588 Administrative Assistant OMEA 12/31/2023 Monthly 521 4,794 5,039 5,296 5,566 5,850 6,148 Administrative Manager SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Administrative Services Director EM 8/25/2024 Monthly 754 15,325 16,109 16,928 17,793 18,700 19,653 Administrative Specialist OMEA 12/31/2023 Monthly 519 4,747 4,989 5,243 5,510 5,792 6,087 Ambulance Operator PT&LD 7/1/2022 Monthly 412 2,783 2,926 3,075 Assistant City Attorney I SM 8/25/2024 Monthly 694 11,362 11,942 12,550 13,191 13,863 14,570 Assistant City Attorney II SM 8/25/2024 Monthly 704 11,943 12,553 13,191 13,865 14,572 15,315 Assistant City Manager EM 8/25/2024 Monthly 763 16,030 16,849 17,706 18,610 19,560 20,557 Assistant Community Devel. Director SM 8/25/2024 Monthly 702 11,824 12,429 13,060 13,728 14,428 15,163 Assistant Community Services Director SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Assistant Engineer OMEA 12/31/2023 Monthly 602 7,181 7,548 7,931 8,336 8,762 9,208 Assistant Field Services Manager SM 8/25/2024 Monthly 669 10,030 10,542 11,078 11,644 12,239 12,862 Assistant Finance Director SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Assistant Human Resources Director SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Assistant Library Services Director SM 8/25/2024 Monthly 648 9,032 9,495 9,977 10,486 11,022 11,583 Assistant Planner OMEA 12/31/2023 Monthly 560 5,824 6,121 6,433 6,761 7,106 7,468 Assistant Pool Manager PT&LD 12/4/2022 Hourly 482 22.77 23.93 25.15 Assistant Public Works Director SM 8/25/2024 Monthly 714 12,553 13,195 13,866 14,574 15,318 16,098 Assistant Recreation Services Coordinator PT&LD 7/1/2022 Hourly 509 26.05 27.38 28.78 Assistant to the City Manager SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Assistant Water Manager SM 8/25/2024 Monthly 669 10,030 10,542 11,078 11,644 12,239 12,862 Associate Civil Engineer OMEA 12/31/2023 Monthly 625 8,054 8,465 8,895 9,350 9,828 10,328 Associate Engineer OMEA 12/31/2023 Monthly 625 8,054 8,465 8,895 9,350 9,828 10,328 Associate Planner OMEA 12/31/2023 Monthly 595 6,935 7,289 7,659 8,050 8,461 8,892 Budget Manager SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Budget Officer SM 8/25/2024 Monthly 628 8,175 8,593 9,029 9,491 9,975 10,483 Building and Safety Manager SM 8/25/2024 Monthly 669 10,030 10,542 11,078 11,644 12,239 12,862 Building Inspection Supervisor OMA 12/31/2023 Monthly 601 7,145 7,510 7,892 8,295 8,718 9,162 Building Inspector OMEA 12/31/2023 Monthly 561 5,853 6,152 6,465 6,795 7,142 7,505 Business License Inspector OMEA 12/31/2023 Monthly 549 5,513 5,795 6,089 6,401 6,727 7,070 Buyer OMEA 12/31/2023 Monthly 557 5,737 6,030 6,338 6,661 7,000 7,357 Chemical Sprayer OMCEA 12/31/2023 Monthly 503 4,383 4,606 4,841 5,088 5,348 5,620 Chief Building Official SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 City Attorney EM 8/25/2024 Monthly N/A 20,978
City Clerk Services Director EM 8/25/2024 Monthly 658 9,494 9,980 10,487 11,022 11,585 12,175 City Council/ Mayor - Elected N/A 12/15/2022 Monthly N/A 600 City Manager EM 8/25/2024 Monthly N/A 26,155
Civilian Investigative Officer COPA 6/30/2024 Monthly 539P 5,245 5,512 5,794 6,089 6,400 6,725 6,995 Code Compliance Manager OMA 12/31/2023 Monthly 645 8,898 9,354 9,829 10,330 10,858 11,411 Code Compliance Officer OMEA 12/31/2023 Monthly 555 5,680 5,970 6,274 6,595 6,930 7,284 Code Compliance Supervisor OMA 12/31/2023 Monthly 601 7,145 7,510 7,892 8,295 8,718 9,162 Combination Building Inspector OMEA 12/31/2023 Monthly 571 6,152 6,466 6,795 7,143 7,507 7,889 Community Development Director EM 8/25/2024 Monthly 744 14,579 15,325 16,104 16,927 17,790 18,697 Community Services Director EM 8/25/2024 Monthly 739 14,220 14,947 15,707 16,510 17,352 18,236 Construction Inspection Supervisor OMA 12/31/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Construction Inspector I OMEA 12/31/2023 Monthly 542 5,324 5,595 5,881 6,181 6,496 6,827 Construction Inspector II OMEA 12/31/2023 Monthly 562 5,882 6,182 6,498 6,829 7,177 7,543 Contract Administrator OMEA 12/31/2023 Monthly 602 7,181 7,548 7,931 8,336 8,762 9,208 Court Liaison Officer COPA 6/30/2024 Monthly 529P 4,990 5,244 5,512 5,793 6,088 6,399 6,654 Crime Analyst SM 8/25/2024 Monthly 586 6,630 6,969 7,324 7,697 8,090 8,503 Crime Prevention Specialist COPA 6/30/2024 Monthly 547P 5,458 5,737 6,029 6,337 6,660 7,000 7,279 Custodian OMCEA 12/31/2023 Monthly 461 3,554 3,736 3,926 4,127 4,337 4,558 Deputy City Clerk SM 8/25/2024 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Deputy City Manager SM 8/25/2024 Monthly 702 11,824 12,429 13,060 13,728 14,428 15,163 Deputy Public Works Director SM 8/25/2024 Monthly 704 11,943 12,553 13,191 13,865 14,572 15,315 Development Project Manager OMA 12/31/2023 Monthly 602 7,181 7,548 7,931 8,336 8,762 9,208 Digital Marketing Coordinator OMA 12/31/2023 Monthly 576 6,308 6,629 6,968 7,323 7,696 8,089 Economic Development Manager SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Economic Development Project Manager SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Emergency Manager SM 8/25/2024 Monthly 653 9,261 9,734 10,229 10,751 11,300 11,875 Emergency Medical Services Manager SM 8/25/2024 Monthly 653 9,261 9,734 10,229 10,751 11,300 11,875 Employee Benefits Analyst SM 8/25/2024 Monthly 581 6,467 6,796 7,144 7,508 7,890 8,293 Engineering Intern PT&LD 12/3/2023 Hourly 456 20.00 21.02 22.09 Engineering Technician I OMEA 12/31/2023 Monthly 531 5,040 5,297 5,567 5,851 6,149 6,463 Engineering Technician II OMEA 12/31/2023 Monthly 551 5,569 5,852 6,151 6,464 6,794 7,141 921
Attachment A (Continued)
City of Orange
Citywide Pay Schedule – Revision Effective August 25, 2024 Approved by City Council on November 26, 2024
Classification Title Group Effective Salary Type Range Step A Step B Step C Step D Step E Step F Step G Step H Environmental Compliance Specialist OMEA 12/31/2023 Monthly 555 5,680 5,970 6,274 6,595 6,930 7,284 Environmental Program Manager OMA 12/31/2023 Monthly 654 9,307 9,783 10,280 10,805 11,357 11,934 Environmental Scientist OMEA 12/31/2023 Monthly 625 8,054 8,465 8,895 9,350 9,828 10,328 Equipment Maint Leadworker OMCEA 12/31/2023 Monthly 548 5,485 5,766 6,059 6,369 6,693 7,035 Equipment Maintenance Supervisor OMA 12/31/2023 Monthly 600 7,110 7,473 7,853 8,254 8,675 9,116 Equipment Mechanic I OMCEA 12/31/2023 Monthly 518 4,723 4,964 5,217 5,483 5,763 6,057 Equipment Mechanic II OMCEA 12/31/2023 Monthly 538 5,219 5,485 5,765 6,059 6,368 6,692 Equipment Operator OMCEA 12/31/2023 Monthly 530 5,015 5,270 5,540 5,822 6,118 6,431 Equipment Parts Technician OMCEA 12/31/2023 Monthly 518 4,723 4,964 5,217 5,483 5,763 6,057 Executive Assistant SM 8/25/2024 Monthly 535 5,141 5,403 5,679 5,969 6,273 6,593 Executive Assistant to the Chief SM 8/25/2024 Monthly 555 5,680 5,970 6,274 6,595 6,930 7,284 Facilities Maintenance Supervisor OMA 12/31/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Field Services Manager SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Finance Assistant OMEA 12/31/2023 Monthly 534 5,116 5,376 5,651 5,939 6,242 6,560 Finance Clerk OMEA 12/31/2023 Monthly 499 4,296 4,515 4,746 4,988 5,242 5,509 Finance Coordinator OMA 12/31/2023 Monthly 577 6,339 6,663 7,002 7,359 7,735 8,129 Finance Director EM 8/25/2024 Monthly 744 14,579 15,325 16,104 16,927 17,790 18,697 Finance Manager SM 8/25/2024 Monthly 620 7,856 8,257 8,676 9,119 9,585 10,074 Finance Supervisor OMA 12/31/2023 Monthly 597 7,004 7,362 7,736 8,131 8,546 8,981 Financial Analyst SM 8/25/2024 Monthly 592 6,831 7,181 7,545 7,931 8,336 8,760 Fire Battalion Chief OFMA 6/30/2024 Monthly 714.5 12,585 13,228 13,901 14,611 15,356 16,139 Fire Captain Local 2384 6/30/2024 Monthly F665.5 11,738 11,738 11,738 11,738 11,738 Fire Chief EM 8/25/2024 Monthly 769 16,517 17,362 18,245 19,177 20,155 21,182 Fire Engineer Local 2384 6/30/2024 Monthly F634.5 8,272 8,685 9,120 9,576 10,055 Fire Inspector/Investigator Local 2384 6/30/2024 Monthly F653.5 11,055 11,055 11,055 11,055 11,055 Fire Safety Specialist Local 2384 6/30/2024 Monthly F615.5 7,523 7,899 8,294 8,709 9,144 Firefighter Local 2384 6/30/2024 Monthly F609.5 7,301 7,666 8,049 8,452 8,874 Forensic Services Specialist COPA 6/30/2024 Monthly 539P 5,245 5,512 5,794 6,089 6,400 6,725 6,995 GIS Analyst OMEA 12/31/2023 Monthly 625 8,054 8,465 8,895 9,350 9,828 10,328 Hazardous Materials Spec Local 2384 6/30/2024 Monthly F635.5 8,313 8,729 9,165 9,624 10,105 Historic Preservation Planner OMA 12/31/2023 Monthly 625 8,054 8,465 8,895 9,350 9,828 10,328 Homeless Outreach Specialist COPA 6/30/2024 Monthly 535P 5,141 5,403 5,679 5,969 6,273 6,593 6,856 Housing Manager SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Housing Specialist OMEA 12/31/2023 Monthly 555 5,680 5,970 6,274 6,595 6,930 7,284 Human Resources Analyst I SM 8/25/2024 Monthly 573 6,214 6,530 6,864 7,214 7,582 7,969 Human Resources Analyst II SM 8/25/2024 Monthly 600 7,110 7,473 7,853 8,254 8,675 9,116 Human Resources Director EM 8/25/2024 Monthly 739 14,220 14,947 15,707 16,510 17,352 18,236 Human Resources Manager SM 8/25/2024 Monthly 669 10,030 10,542 11,078 11,644 12,239 12,862 Human Resources Technician OMEA 12/31/2023 Monthly 529 4,990 5,244 5,512 5,793 6,088 6,399 Information Technology Manager SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Information Technology Project Manager SM 8/25/2024 Monthly 669 10,030 10,542 11,078 11,644 12,239 12,862 Information Technology Specialist OMA 12/31/2023 Monthly 576 6,308 6,629 6,968 7,323 7,696 8,089 Information Technology Supervisor OMA 12/31/2023 Monthly 601 7,145 7,510 7,892 8,295 8,718 9,162 Intergovernmental & Comm Affairs Mgr SM 8/25/2024 Monthly 680 10,595 11,137 11,703 12,301 12,928 13,587 Internal Audit Manager SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Investment/Revenue Officer SM 8/25/2024 Monthly 608 7,399 7,778 8,172 8,590 9,028 9,488 Landscape Coordinator OMA 12/31/2023 Monthly 602 7,181 7,548 7,931 8,336 8,762 9,208 Lead Business License Inspector OMEA 12/31/2023 Monthly 559 5,795 6,090 6,401 6,727 7,070 7,431 Lead Custodian OMCEA 12/31/2023 Monthly 491 4,129 4,339 4,560 4,793 5,037 5,293 Lead Finance Clerk OMEA 12/31/2023 Monthly 559 5,795 6,090 6,401 6,727 7,070 7,431 Legal Assistant OMA 12/31/2023 Monthly 549 5,513 5,795 6,089 6,401 6,727 7,070 Librarian I OMEA 12/31/2023 Monthly 537 5,193 5,458 5,736 6,028 6,336 6,659 Librarian II OMEA 12/31/2023 Monthly 557 5,737 6,030 6,338 6,661 7,000 7,357 Librarian III OMEA 12/31/2023 Monthly 577 6,339 6,663 7,002 7,359 7,735 8,129 Library Assistant OMEA 12/31/2023 Monthly 497 4,254 4,470 4,698 4,938 5,190 5,455 Library Clerk OMEA 12/31/2023 Monthly 451 3,382 3,554 3,735 3,926 4,126 4,336 Library Literacy Coordinator OMEA 12/31/2023 Monthly 537 5,193 5,458 5,736 6,028 6,336 6,659 Library Manager I OMA 12/31/2023 Monthly 605 7,289 7,662 8,051 8,462 8,894 9,347 Library Manager II OMA 12/31/2023 Monthly 615 7,662 8,054 8,463 8,895 9,349 9,825 Library Page OMEA 12/31/2023 Monthly 422 2,926 3,076 3,232 3,397 3,571 3,752 Library Services Director EM 8/25/2024 Monthly 709 12,244 12,870 13,524 14,215 14,940 15,702 Library Support Services Assistant OMEA 12/31/2023 Monthly 497 4,254 4,470 4,698 4,938 5,190 5,455 Library Tech & Support Services Mgr OMA 12/31/2023 Monthly 615 7,662 8,054 8,463 8,895 9,349 9,825 Library Technology Assistant OMEA 12/31/2023 Monthly 497 4,254 4,470 4,698 4,938 5,190 5,455 Library Technology Coordinator OMEA 12/31/2023 Monthly 557 5,737 6,030 6,338 6,661 7,000 7,357 Library Technology Specialist OMEA 12/31/2023 Monthly 537 5,193 5,458 5,736 6,028 6,336 6,659 Library Volunteer Coordinator OMEA 12/31/2023 Monthly 521 4,794 5,039 5,296 5,566 5,850 6,148 Lifeguard/Swim Instructor PT&LD 12/4/2022 Hourly 462 20.61 21.66 22.76 Maintenance Worker OMCEA 12/31/2023 Monthly 480 3,907 4,107 4,316 4,537 4,768 5,011 Management Intern PT&LD 12/3/2023 Hourly 456 20.00 21.02 22.09 922
Attachment A (Continued)
City of Orange
Citywide Pay Schedule – Revision Effective August 25, 2024 Approved by City Council on November 26, 2024
Classification Title Group Effective Salary Type Range Step A Step B Step C Step D Step E Step F Step G Step H Manager of Trans Svcs/City Traffic Eng SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Network/Security Analyst SM 8/25/2024 Monthly 619 7,817 8,216 8,633 9,074 9,538 10,023 Office Assistant OMEA 12/31/2023 Monthly 471 3,736 3,927 4,127 4,338 4,559 4,791 Parking Control Officer I PT&LD 12/4/2022 Hourly 442 18.65 19.60 20.61 Parking Control Officer II COPA 6/30/2024 Monthly 506P 4,449 4,675 4,914 5,165 5,428 5,705 5,933 Parks and Facilities Attendant PT&LD 12/4/2022 Hourly 460 20.40 21.45 22.54 Parks and Facilities Manager SM 8/25/2024 Monthly 669 10,030 10,542 11,078 11,644 12,239 12,862 Parks Maint Leadworker OMCEA 12/31/2023 Monthly 538 5,219 5,485 5,765 6,059 6,368 6,692 Parks Maintenance Supervisor OMA 12/31/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Parks Maintenance Worker I OMCEA 12/31/2023 Monthly 480 3,907 4,107 4,316 4,537 4,768 5,011 Parks Maintenance Worker II OMCEA 12/31/2023 Monthly 500 4,317 4,538 4,770 5,013 5,268 5,537 Payroll Manager SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Payroll Specialist OMA 12/31/2023 Monthly 569 6,091 6,402 6,728 7,072 7,432 7,811 Payroll Technician OMEA 12/31/2023 Monthly 559 5,795 6,090 6,401 6,727 7,070 7,431 Permit Supervisor OMA 12/31/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Permit Technician OMEA 12/31/2023 Monthly 521 4,794 5,039 5,296 5,566 5,850 6,148 Plan Check Engineer OMEA 12/31/2023 Monthly 602 7,181 7,548 7,931 8,336 8,762 9,208 Plan Examiner Local 2384 6/30/2024 Monthly F635.5 8,313 8,729 9,165 9,624 10,105 Planning Aide OMEA 12/31/2023 Monthly 530 5,015 5,270 5,540 5,822 6,118 6,431 Planning Manager SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Police Academy Trainee PT&LD 12/4/2022 Monthly 574 6,245 Police Administrative Assistant COPA 6/30/2024 Monthly 519P 4,747 4,989 5,243 5,510 5,792 6,087 6,331 Police Armorer COPA 6/30/2024 Monthly 519P 4,747 4,989 5,243 5,510 5,792 6,087 6,331 Police Cadet I PT&LD 12/4/2022 Hourly 430 17.57 18.47 19.40 Police Cadet II PT&LD 12/4/2022 Hourly 450 19.41 20.40 21.44 Police Captain PMA 6/30/2024 Monthly 759C 15,712 16,515 17,355 18,241 19,172 20,149 20,955 Police Chief EM 8/25/2024 Monthly 790 18,344 19,282 20,262 21,297 22,383 23,524 Police Clerk COPA 6/30/2024 Monthly 498P 4,275 4,493 4,722 4,963 5,216 5,482 5,701 Police Code Enforcement Officer COPA 6/30/2024 Monthly 572P 6,183 6,498 6,830 7,178 7,544 7,929 8,246 Police Communications Manager PMA 6/30/2024 Monthly 627PM 8,134 8,550 8,985 9,444 9,925 10,431 10,796 Police Dispatch Shift Supervisor COPA 6/30/2024 Monthly 576P 6,308 6,629 6,968 7,323 7,696 8,089 8,412 Police Dispatcher COPA 6/30/2024 Monthly 558P 5,766 6,060 6,369 6,694 7,035 7,394 7,690 Police Jailer COPA 6/30/2024 Monthly 519P 4,747 4,989 5,243 5,510 5,792 6,087 6,331 Police Lieutenant PMA 6/30/2024 Monthly 719SL 12,870 13,529 14,217 14,942 15,705 16,504 17,494 18,194 Police Officer COPA 6/30/2024 Monthly 623P 7,974 8,381 8,807 9,257 9,730 10,225 10,634 Police Records Clerk COPA 6/30/2024 Monthly 498P 4,275 4,493 4,722 4,963 5,216 5,482 5,701 Police Records Manager PMA 6/30/2024 Monthly 626PM 8,094 8,508 8,940 9,397 9,876 10,379 10,743 Police Records Shift Supervisor COPA 6/30/2024 Monthly 558P 5,766 6,060 6,369 6,694 7,035 7,394 7,690 Police Reserve Officer I PT&LD 12/3/2023 Hourly 466 21.02 22.10 23.22 Police Reserve Officer II PT&LD 12/3/2023 Hourly 426 17.22 18.10 19.02 Police Reserve Officer III PT&LD 12/3/2023 Hourly 412 16.06 16.88 17.74 Police Sergeant PMA 6/30/2024 Monthly 677SL 10,438 10,972 11,530 12,118 12,737 13,385 14,188 14,756 Police Services Officer COPA 6/30/2024 Monthly 519P 4,747 4,989 5,243 5,510 5,792 6,087 6,331 Police Subpoenas & Warrants Specialist COPA 6/30/2024 Monthly 519P 4,747 4,989 5,243 5,510 5,792 6,087 6,331 Police Training Coordinator COPA 6/30/2024 Monthly 529P 4,990 5,244 5,512 5,793 6,088 6,399 6,654 Police Volunteer Coordinator COPA 6/30/2024 Monthly 547P 5,458 5,737 6,029 6,337 6,660 7,000 7,279 Pool Manager PT&LD 12/4/2022 Hourly 502 25.16 26.45 27.79 Principal Civil Engineer SM 8/25/2024 Monthly 669 10,030 10,542 11,078 11,644 12,239 12,862 Principal Planner SM 8/25/2024 Monthly 658 9,494 9,980 10,487 11,022 11,585 12,175 Project Development Coordinator OMA 12/31/2023 Monthly 602 7,181 7,548 7,931 8,336 8,762 9,208 Project Engineer OMEA 12/31/2023 Monthly 612 7,548 7,934 8,337 8,763 9,210 9,679 Property Officer COPA 6/30/2024 Monthly 533P 5,090 5,350 5,623 5,909 6,211 6,527 6,788 Public Affairs & Information Manager SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Public Works Administrator SM 8/25/2024 Monthly 638 8,593 9,033 9,491 9,976 10,485 11,020 Public Works Director EM 8/25/2024 Monthly 744 14,579 15,325 16,104 16,927 17,790 18,697 Public Works Maintenance Leadworker OMCEA 12/31/2023 Monthly 538 5,219 5,485 5,765 6,059 6,368 6,692 Public Works Maintenance Supervisor OMA 12/31/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Public Works Maintenance Worker I OMCEA 12/31/2023 Monthly 480 3,907 4,107 4,316 4,537 4,768 5,011 Public Works Maintenance Worker II OMCEA 12/31/2023 Monthly 500 4,317 4,538 4,770 5,013 5,268 5,537 Purchasing Officer SM 8/25/2024 Monthly 620 7,856 8,257 8,676 9,119 9,585 10,074 Records Coordinator OMA 3/10/2024 Monthly 562 5,882 6,182 6,498 6,829 7,177 7,543 Recreation Services Activity Specialist PT&LD 7/1/2022 Hourly 489 23.58 24.78 26.05 Recreation Services Coordinator OMEA 12/31/2023 Monthly 538 5,219 5,485 5,765 6,059 6,368 6,692 Recreation Services Leader I PT&LD 12/4/2022 Hourly 412 16.06 16.88 17.74 Recreation Services Leader II PT&LD 12/4/2022 Hourly 432 17.74 18.65 19.60 Recreation Services Leader III PT&LD 12/4/2022 Hourly 452 19.61 20.61 21.66 Recreation Services Manager SM 8/25/2024 Monthly 659 9,541 10,030 10,539 11,077 11,643 12,236 Recreation Services Supervisor OMA 12/31/2023 Monthly 595 6,935 7,289 7,659 8,050 8,461 8,892 Risk Management Analyst SM 8/25/2024 Monthly 571 6,152 6,466 6,795 7,143 7,507 7,889 Risk Manager SM 8/25/2024 Monthly 673 10,232 10,755 11,302 11,879 12,485 13,121 923
Attachment A (Continued)
City of Orange
Citywide Pay Schedule – Revision Effective August 25, 2024 Approved by City Council on November 26, 2024
Group Key:

COPA: City of Orange Police Association
EM: Executive Management
IBEW 47: International Brotherhood of Electrical Workers Local 47 Local 2384: Orange City Firefighters, Inc. Local 2384
OFMA: Orange City Fire Management Association
OMA: Orange Management Association
OMCEA: Orange Maintenance and Crafts Employees' Association OMEA: Orange Municipal Employees' Association
PMA: Police Management Association
PT&LD: Part-Time & Limited Duration Employees
SM: Senior Management
Classification Title Group Effective Salary Type Range Step A Step B Step C Step D Step E Step F Step G Step H School Crossing Guard PT&LD 12/4/2022 Hourly 430 17.57 18.47 19.40 School Crossing Guard Supervisor PT&LD 12/4/2022 Hourly 470 21.45 22.54 23.69 Senior Accountant OMA 12/31/2023 Monthly 593 6,865 7,217 7,583 7,971 8,378 8,804 Senior Administrative Analyst SM 8/25/2024 Monthly 618 7,778 8,175 8,590 9,029 9,490 9,974 Senior Assistant City Attorney SM 8/25/2024 Monthly 724 13,195 13,870 14,575 15,320 16,101 16,922 Senior Assistant to the City Manager SM 8/25/2024 Monthly 669 10,030 10,542 11,078 11,644 12,239 12,862 Senior Buyer OMA 12/31/2023 Monthly 577 6,339 6,663 7,002 7,359 7,735 8,129 Senior Civil Engineer OMA 12/31/2023 Monthly 654 9,307 9,783 10,280 10,805 11,357 11,934 Senior Code Compliance Officer OMEA 12/31/2023 Monthly 575 6,276 6,596 6,933 7,286 7,658 8,049 Senior Combo. Building Inspector OMEA 12/31/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Senior Contract Administrator OMA 12/31/2023 Monthly 622 7,934 8,340 8,763 9,211 9,681 10,174 Senior Econ Development Project Mgr SM 8/25/2024 Monthly 664 9,782 10,283 10,806 11,357 11,937 12,545 Senior Emergency Medical Svcs Mgr SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Senior Executive Assistant to the City Council
and the City Manager
SM 8/25/2024 Monthly 585 6,597 6,934 7,287 7,659 8,050 8,461 Senior Finance Clerk OMEA 12/31/2023 Monthly 519 4,747 4,989 5,243 5,510 5,792 6,087 Senior Fire Inspection Specialist OMA 12/31/2023 Monthly 611 7,510 7,895 8,296 8,719 9,164 9,631 Senior GIS Analyst OMA 12/31/2023 Monthly 645 8,898 9,354 9,829 10,330 10,858 11,411 Senior Housing Manager SM 8/25/2024 Monthly 664 9,782 10,283 10,806 11,357 11,937 12,545 Senior Human Resources Analyst SM 8/25/2024 Monthly 630 8,257 8,679 9,120 9,586 10,075 10,588 Senior Landscape Coordinator OMA 12/31/2023 Monthly 622 7,934 8,340 8,763 9,211 9,681 10,174 Senior Legal Assistant OMA 12/31/2023 Monthly 569 6,091 6,402 6,728 7,072 7,432 7,811 Senior Library Clerk OMEA 12/31/2023 Monthly 481 3,927 4,128 4,338 4,559 4,792 5,036 Senior Library Manager SM 8/25/2024 Monthly 628 8,175 8,593 9,029 9,491 9,975 10,483 Senior Office Assistant OMEA 12/31/2023 Monthly 491 4,129 4,339 4,560 4,793 5,037 5,293 Senior Payroll Specialist OMA 12/31/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Senior Permit Technician OMEA 12/31/2023 Monthly 541 5,297 5,568 5,851 6,150 6,463 6,793 Senior Plan Check Engineer OMA 12/31/2023 Monthly 654 9,307 9,783 10,280 10,805 11,357 11,934 Senior Planner OMA 12/31/2023 Monthly 625 8,054 8,465 8,895 9,350 9,828 10,328 Senior Police Clerk COPA 6/30/2024 Monthly 518P 4,723 4,964 5,217 5,483 5,763 6,057 6,299 Senior Traffic Signal Technician OMEA 12/31/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Senior Water Meter Service Wkr IBEW 47 12/31/2023 Monthly 536 5,167 5,430 5,707 5,998 6,304 6,626 Senior Water Quality Inspector OMA 12/31/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Skilled Maint Leadworker OMCEA 12/31/2023 Monthly 543 5,351 5,623 5,910 6,212 6,528 6,861 Skilled Maintenance Wkr -Water IBEW 47 12/31/2023 Monthly 533 5,090 5,350 5,623 5,909 6,211 6,527 Skilled Maintenance Worker – Facilities OMCEA 12/31/2023 Monthly 523 4,842 5,089 5,349 5,622 5,908 6,210 Skilled Maintenance Worker – Parks OMCEA 12/31/2023 Monthly 523 4,842 5,089 5,349 5,622 5,908 6,210 Skilled Maintenance Worker – Public Works OMCEA 12/31/2023 Monthly 523 4,842 5,089 5,349 5,622 5,908 6,210 Stock Clerk OMEA 12/31/2023 Monthly 480 3,907 4,107 4,316 4,537 4,768 5,011 Swimming Attendant PT&LD 12/4/2022 Hourly 412 16.06 16.88 17.74 Systems Analyst SM 8/25/2024 Monthly 619 7,817 8,216 8,633 9,074 9,538 10,023 Traffic Management Center Tech OMEA 12/31/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Traffic Operations Superintendent OMA 12/31/2023 Monthly 610 7,473 7,855 8,254 8,676 9,119 9,583 Traffic Signal Technician I OMEA 12/31/2023 Monthly 531 5,040 5,297 5,567 5,851 6,149 6,463 Traffic Signal Technician II OMEA 12/31/2023 Monthly 551 5,569 5,852 6,151 6,464 6,794 7,141 Transportation Analyst OMEA 12/31/2023 Monthly 625 8,054 8,465 8,895 9,350 9,828 10,328 Tree Services Coordinator OMA 12/31/2023 Monthly 602 7,181 7,548 7,931 8,336 8,762 9,208 Warehouse/Inventory Specialist OMEA 12/31/2023 Monthly 538 5,219 5,485 5,765 6,059 6,368 6,692 Water Maintenance Leadworker IBEW 47 12/31/2023 Monthly 553 5,624 5,911 6,212 6,529 6,862 7,212 Water Maintenance Supervisor OMA 12/31/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Water Maintenance Worker I IBEW 47 12/31/2023 Monthly 494 4,191 4,404 4,629 4,865 5,112 5,374 Water Maintenance Worker II IBEW 47 12/31/2023 Monthly 514 4,629 4,866 5,114 5,375 5,650 5,937 Water Manager SM 8/25/2024 Monthly 689 11,082 11,648 12,240 12,866 13,522 14,211 Water Meter Service Worker I IBEW 47 12/31/2023 Monthly 502 4,361 4,584 4,817 5,063 5,321 5,593 Water Meter Service Worker II IBEW 47 12/31/2023 Monthly 522 4,818 5,064 5,322 5,594 5,879 6,179 Water Plant Operator I IBEW 47 12/31/2023 Monthly 532 5,065 5,323 5,595 5,880 6,180 6,495 Water Plant Operator II IBEW 47 12/31/2023 Monthly 552 5,596 5,882 6,181 6,497 6,828 7,176 Water Quality Inspector OMA 12/31/2023 Monthly 570 6,121 6,434 6,762 7,107 7,469 7,850 Water Yard Storekeeper IBEW 47 12/31/2023 Monthly 524 4,867 5,115 5,376 5,650 5,938 6,241 924
Agenda Item
City Council
Item #: 11.1. 11/26/2024 File #: 24-0660
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 30-24 amending Chapter 8.06 of the Orange Municipal Code establishing mandatory shopping cart retrieval plan and containment system.

2. SUMMARY
Ordinance No. 30-24 establishes regulations requiring retail establishments to implement a shopping cart retrieval plan and containment system in accordance with State law to prevent the abandonment of unattended shopping carts on public and private property.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 30-24. An Ordinance of the City Council of the City of Orange amending Chapter 8.06 of the Orange Municipal Code establishing mandatory shopping cart retrieval plan and containment system.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The City Council and community members have raised concerns about the persistent issue of unattended or abandoned shopping carts throughout the City given their significant impacts to public health, safety, and the welfare of residents, visitors, and businesses. A proliferation of shopping carts also diminishes the visual appeal and economic development potential of the City’s major commercial corridors and hubs.

Unattended or abandoned shopping carts negatively affect the community in the following ways:
· Impede pedestrian, cycling, and vehicular traffic including emergency services; · Create hazardous conditions for users of sidewalks, parking lots and other public rightsCity of Orange Page 1 of 3 Printed on 11/21/2024 powered by Legistar™925
Item #: 11.1. 11/26/2024 File #: 24-0660
of-way such as citizens with disabilities;
· Erode residents' sense of safety within the community; and · Increase demand for city resources needed to remove them from the public right-of-way.

Implementing effective solutions to address these problems is crucial to maintaining a safe, attractive, and thriving community.

The current provisions of the Orange Municipal Code (OMC) fail to hold retail establishments accountable for retrieving or securing their carts after business hours. Consequently, the City's Public Works staff routinely removes dozens of carts from public property, incurring costs without any recovery of resources. The California Business and Professions Code (CBPC) authorizes cities to impose regulations and enforcement mechanisms to prevent the removal of shopping carts from the retail premises or parking areas.

The proposed ordinance addresses the issue of unattended or abandoned shopping carts by incorporating provisions of the CBPC. Key components of the ordinance include:

1. Requirements for cart identification and store signage.

2. Mandatory submission of a Shopping Cart Retrieval and Containment Plan, including:
o Contact information for notifications;
o Prompt retrieval from public property;
o Daily cart confinement at the end of the business day; o Cart inventory;
o Description of retrieval plan; and
o Details of the physical containment measures.

The physical containment measures may include, without limitation, electronic or other disabling devices installed on the carts; bollards or other structures installed on the perimeter of the store premises; use of a contracted cart retrieval company; employees accompanying customers to their vehicles and returning carts to the store; or a security deposit for customer's use of a cart.

Code Enforcement will work with new and existing retail establishments with ten or more carts to comply with the specified timeframes upon the effective date of the ordinance:
· 60 days to submit the Retrieval and Containment Plan. · Six months to install a physical containment system (extensions possible under certain conditions).

Business owners will be responsible for paying the City's actual costs for retrieving and storing their shopping carts, with one exception: if the owner or their authorized agent reclaims the cart(s) within three business days of receiving notice of the cart(s)' discovery, location, or impoundment, all fines, costs, and fees will be waived, as required by State law. If the cart(s) are not reclaimed within this period, then fines and retrieval costs will be assessed against the responsible retail establishment.

Staff plans to collaborate with property owners and retail establishments to achieve the goals of the City of Orange Page 2 of 3 Printed on 11/21/2024
powered by Legistar™926
Item #: 11.1. 11/26/2024 File #: 24-0660
Staff plans to collaborate with property owners and retail establishments to achieve the goals of the proposed ordinance, prioritizing compliance over punitive or abatement measures. However, punitive or abatement actions will be reserved for special cases where there is a lack of cooperation or a failure to comply with the Code.

7. ATTACHMENTS
· Ordinance No. 30-24 - CLEAN
· Ordinance No. 30-24 - REDLINED
City of Orange Page 3 of 3 Printed on 11/21/2024
powered by Legistar™927
Agenda Item
City Council
Item #: 11.1. 11/26/2024 File #: 24-0660
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 30-24 amending Chapter 8.06 of the Orange Municipal Code establishing mandatory shopping cart retrieval plan and containment system.

4. FISCAL IMPACT
None.

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

Unattended or abandoned shopping carts negatively affect the community in the following ways:
· Impede pedestrian, cycling, and vehicular traffic including emergency services; · Create hazardous conditions for users of sidewalks, parking lots and other public rightsCity of Orange Page 1 of 3 Printed on 11/21/2024 powered by Legistar™928
Item #: 11.1. 11/26/2024 File #: 24-0660
of-way such as citizens with disabilities;
· Erode residents' sense of safety within the community; and · Increase demand for city resources needed to remove them from the public right-of-way.

Implementing effective solutions to address these problems is crucial to maintaining a safe, attractive, and thriving community.

The proposed ordinance addresses the issue of unattended or abandoned shopping carts by incorporating provisions of the CBPC. Key components of the ordinance include:

1. Requirements for cart identification and store signage.

Staff plans to collaborate with property owners and retail establishments to achieve the goals of the City of Orange Page 2 of 3 Printed on 11/21/2024
powered by Legistar™929
Item #: 11.1. 11/26/2024 File #: 24-0660
Staff plans to collaborate with property owners and retail establishments to achieve the goals of the proposed ordinance, prioritizing compliance over punitive or abatement measures. However, punitive or abatement actions will be reserved for special cases where there is a lack of cooperation or a failure to comply with the Code.

7. ATTACHMENTS
· Ordinance No. 30-24 - CLEAN
· Ordinance No. 30-24 - REDLINED
City of Orange Page 3 of 3 Printed on 11/21/2024
powered by Legistar™930
ORDINANCE NO. 30-24

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE AMENDING CHAPTER

8.06 OF THE ORANGE MUNICIPAL CODE

ESTABLISHING MANDATORY SHOPPING

CART RETRIEVAL PLAN AND CONTAINMENT
SYSTEM
WHEREAS, California Business and Professions Code sections 22435 et seq set forth procedures for retrieval and abatement of shopping carts and cost recovery for such abatement; and
WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws; and
WHEREAS, the City has received numerous complaints from members of the public regarding unattended or abandoned shopping carts throughout the city that significantly impact public health, safety, and the welfare of residents, visitors, and businesses, while also diminishing the City’s aesthetic appeal, resources, and economic development; and WHEREAS, it is the intent of the City Council, in amending Chapter 8.06 of the Orange Municipal Code, to require retail establishments to prevent abandoned shopping carts by implementing a retrieval plan and containment system.

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

SECTION I:

1. The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact of the Ordinance demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" as defined in Guideline 15378.

2. The subject Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certainty, after review and evaluation of the facts regarding the Zoning Code administrative amendments, that there is substantial evidence that adoption of this Ordinance would not have a significant effect on the environment and the commonsense exemption applies.

SECTION II.

Section 8.06.010 of the Orange Municipal Code, “Health and Safety – Abatement of Unattended Shopping Carts – Purpose,” is hereby amended to read as follows:
931
2 8.06.010 - Purpose.

The proliferation of shopping carts abandoned on public and private property is causing blighted conditions in some areas of the City and results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways and therefore are declared by the City to be a nuisance. Shopping carts left on public streets and sidewalks present a danger to persons attempting to use such public ways especially the disabled and can also impede emergency services. The purpose of this chapter is to establish regulations for the removal of abandoned shopping carts which are consistent with State law, to encourage retail establishments to adopt programs to retrieve and/or prevent the theft of shopping carts, to recoup the City's costs associated with abatement of the nuisance and to alleviate obstructions on public ways.

SECTION III.

Section 8.06.015 of the Orange Municipal Code, “Health and Safety – Abatement of Unattended Shopping Carts – Definitions,” is hereby added to read as follows:

8.06.015 - Definitions.
“Cart/Shopping Cart” means a wheeled basket or device used in retail for transporting goods, including laundry carts.
“Cart Retrieval” means the act of retrieving and returning a cart removed from a retail establishment.
“Laundry Cart” means a wheeled basket used in laundries or dry-cleaners for transporting fabrics and supplies.
“Parking Area” means a lot or property designated for customer parking by a retail establishment. “Physical Containment” means a device that locks, disables, or prevents the movement of shopping carts from business premises.
“Premises” means any building or area used for retail business in the City, including customer parking areas.
“Retail Establishment” means any business providing shopping carts in the City, regardless of its operational status (retail, wholesale, or membership-based). “Shopping Cart Owner” means the owner, manager, or operator of a retail establishment that provides shopping carts.
“Unattended Shopping Cart” means a cart taken without permission or left on public/private property, whether lost, stolen, discarded, or abandoned. 932
3 SECTION IV.

Section 8.06.020 of the Orange Municipal Code, “Health and Safety – Abatement of Unattended Shopping Carts – Enforcement,” is hereby amended to read as follows:

8.06.020 - Retrieval and Containment Plan Requirements.

A retail establishment that provides more than ten shopping carts to customers for use on the premises, shall develop, implement, and comply with the provisions of a written retrieval and containment plan (“Plan”). The Plan, accompanied by a non-refundable processing fee set by resolution of the City Council, must be submitted to the City and approved by the Director of Community Development or designee, prior to the issuance or renewal of a City business license.

The Plan, at a minimum, shall include the following data:

1. Owner/Business Information: Name of the Retail Establishment, Shopping Cart Owner details, physical address, and manager contact information.

2. Cart Inventory: A complete inventory of all shopping carts.

3. Retrieval Personnel: A staffing plan for cart retrieval, including employee hours or contracts with retrieval services.

4. Prompt Retrieval: A detailed patrol procedure regarding removal of carts from public streets and bus stops.

5. Daily Cart Confinement: Evidence that carts are collected and secured at the end of the business day or at specified times for 24-hour establishments.

6. Signs on Carts: Evidence that each cart displays the owner's name, address, phone number, and warnings against unauthorized removal.

7. Notice to Customers: Evidence that a notice, in English and Spanish about the prohibition on cart removal, is posted near entrances and exits.

8. Monthly Reports: Evidence that monthly reports detailing the number of carts retrieved are generated.

9. Physical Containment Measures: Evidence that measures to prevent cart removal, such as disabling devices and employee oversight, are implemented. Any retail establishment with ten or more shopping carts that begins operation after this ordinance takes effect and/or after the retail establishment expands the business by more than 25%, shall provide as part of the Plan a implementation process for a shopping cart wheel locking mechanism.

The mechanism shall lock one or more wheels of the shopping cart if the cart passes a certain defined space outside the retail establishment parking lot perimeter.

10. Employee Training: Evidence that employees are regularly trained regarding the Plan. 933
4 Collaboration with Other Retail Establishments. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single Plan.

SECTION V.

Section 8.06.110 of the Orange Municipal Code, “Health and Safety – Abatement of Unattended Shopping Carts – Violations,” is hereby amended to read as follows:

8.06.110 – Enforcement
Unattended shopping carts are a public nuisance and safety hazard. They obstruct sidewalks, streets, and parking lots, interfere with traffic and emergency services, and cause blight. This Chapter shall be enforced by Community Development Department, Public Works Department and/or Police Department.

Nothing in this Chapter shall limit the City from pursuing administrative, civil, or criminal citations or to abate public nuisances or violations of this Chapter in accordance with 1.08 and

1.10 of the Orange Municipal Code.

SECTION VI:

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 VII:

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.
934
5 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, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
935
ORDINANCE NO. 30-24

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE AMENDING CHAPTER

8.06 OF THE ORANGE MUNICIPAL CODE

ESTABLISHING MANDATORY SHOPPING

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

SECTION I:

SECTION II.

Section 8.06.010 of the Orange Municipal Code, “Health and Safety – Abatement of Unattended Shopping Carts – Purpose,” is hereby amended to read as follows:
936
2 8.06.010 - Purpose.

The proliferation of shopping carts abandoned on public and private property is causing blighted conditions in some areas of the City and results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways and therefore are declared by the City to be a nuisance. Shopping carts left on public streets and sidewalks present a danger to persons attempting to use such public ways especially the disabled and can also impede emergency services. The purpose of this chapter is to set forth reasonable establish regulations for the removal of abandoned shopping carts which are consistent with the State law, to encourage store owners retail establishments to adopt programs to retrieve and/or prevent the theft of shopping carts, to recoup the City's costs associated with abatement of the nuisance and to alleviate obstructions on public ways. The term "shopping carts" shall be read to include laundry carts and other similar devices. The term "abandoned" or "unattended" shall mean a shopping cart not located on the premises of the owner. Premises shall include parking lots adjoining the owner's business.

SECTION III.

Section 8.06.015 of the Orange Municipal Code, “Health and Safety – Abatement of Unattended Shopping Carts – Definitions,” is hereby added to read as follows:

8.06.015 - Definitions.
“Cart/Shopping Cart” means a wheeled basket or device used in retail for transporting goods, including laundry carts.
“Cart Retrieval” means the act of retrieving and returning a cart removed from a retail establishment.
“Laundry Cart” means a wheeled basket used in laundries or dry-cleaners for transporting fabrics and supplies.
“Parking Area” means a lot or property designated for customer parking by a retail establishment. “Physical Containment” means a device that locks, disables, or prevents the movement of shopping carts from business premises.
“Premises” means any building or area used for retail business in the City, including customer parking areas.
“Retail Establishment” means any business providing shopping carts in the City, regardless of its operational status (retail, wholesale, or membership-based). “Shopping Cart Owner” means the owner, manager, or operator of a retail establishment that provides shopping carts.
937
3 “Unattended Shopping Cart” means a cart taken without permission or left on public/private property, whether lost, stolen, discarded, or abandoned.

SECTION IV.

Section 8.06.020 of the Orange Municipal Code, “Health and Safety – Abatement of Unattended Shopping Carts – Enforcement,” is hereby amended to read as follows:

8.06.020 – Enforcement Retrieval and Containment Plan Requirements.

The provisions of this chapter shall be enforced by designated representatives in the Community Development Department, Public Works Department and Police Department. To the extent provided in this chapter, such representatives may enter onto any public or private property to remove, store and dispose of any unattended shopping cart or part thereof.