Agenda packet — Orange City Council, November 26, 2024 (part 1 of 4)

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

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
November 26, 2024
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

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

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

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

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

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

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

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

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

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

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2 City Council Agenda November 26, 2024
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Orlando Barela, Household of Faith Family Church

1.2 PLEDGE OF ALLEGIANCE
Mayor pro tem Arianna Barrios

1.3 ROLL CALL

1.4 ANNOUNCEMENTS

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

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

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

Approve.

Recommended Action:

Attachments: Staff Report

3.2. Approval of minutes of the City of Orange City Council Regular Meeting held on November 12, 2024.

Approve minutes as presented.

Recommended Action:

Staff Report
November 12, 2024, Regular Meeting minutes
Attachments:

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3 City Council Agenda November 26, 2024

3.3. Agreement with Municipal Water District of Orange County for sharing the consultant cost for completion of Orange County Water and Wastewater Multi-jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects.

Approve agreement with the Municipal Water District of Orange County in the amount of $89,700; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with Municipal Water District of Orange County Scope and Fee
Attachments:

3.4. First Amendment to Agreement with OpenGov, Inc. for the City’s budgeting and planning financial program.

Approve the first amendment to agreement with OpenGov, Inc. for budget and planning, organizational performance, and citizen engagement software tools and; authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to agreement with OpenGov (AGR 6838)
Attachments:

3.5. Second Amendment to Attorney Services Agreement with McCune & Harber, LLP to provide legal services relating to litigation defense in the matter of Terrence Velasquez v. City of Orange.

Approve a Second Amendment to Attorney Services Agreement with McCune & Harber, LLP in the amount of $30,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment to Attorney Services Agreement
Attachments:

3.6. Approval of plans and specifications for Annual Concrete Replacement at Various Locations Fiscal Year 2024-2025; authorization to advertise for Bid No. 24-25.11 (SP-4297); and finding of CEQA exemption.

1. Approve the plans and specifications and authorize advertising for bids for Annual Concrete Replacement at Various Locations Fiscal Year 2024-2025.

2. Authorize the following budget transfer in Citywide TSIP (287):

From: 287.5011.56330.11328 ADA Improvements $200,000
To: 287.5011.56330.13120 Pavement Management Program $200,000

3. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 Recommended Action:

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4 City Council Agenda November 26, 2024
(Class 1(c) - Existing Facilities).

Staff Report
Location Maps
Attachments:

3.7. Rejection of all bids for Steel Streetlight Replacement Fiscal Year 2024-2025 Project; Bid No. 24-25.03 (SP-4271).

Reject all bids received for Steel Streetlight Replacement Fiscal Year 2024-2025 Project.

Recommended Action:

Staff Report
Bid Abstract
Attachments:

3.8. Award of Contract to Bear Electrical Solutions, LLC for area lighting replacement at Grijalva Park, Bid No. 24-25.06; and finding of CEQA exemption.

1. Approve the contract to Bear Electrical Solutions, LLC in the total amount of $693,000 for the Area Lighting Replacement at Grijalva Park project (20477); and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $58,354 from the Park Acquisition (Infill) Fund (510) unreserved fund balance to:
510.7021.56015.20477 CIP - Reno - Area Lighting Replacement.

3. Find the project Categorically Exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines 15302 (Class 2 - Replacement or Reconstruction).

Recommended Action:

Staff Report
Contract with Bear Electrical Solution, LLC
Attachments:

3.9. Notice of Completion and Acceptance for Police Headquarters Lobby Roof and Heating, Ventilation, and Air Conditioning Rehabilitation Project; Bid No. 21-22.13 (SP-4130).

1. Accept Police Headquarters Lobby Roof and Heating, Ventilation, and Air Conditioning Rehabilitation Project as complete.

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

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.10. Notice of Completion and Acceptance for Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project - Intersection Improvements; Bid No. 22-23.41 (SP-4199).

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5 City Council Agenda November 26, 2024

1. Accept Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project - Intersection Improvements as complete.

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

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.11. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Chapter 8.37 of the Orange Municipal Code pertaining to graffiti. Ordinance No. 29-24.

Adopt Ordinance No. 29-24.

Recommended Action:

Staff Report
Ordinance No. 29-24
Attachments:

3.12. Authorize the purchase of thirteen vehicles from the National Auto Fleet Group and Republic EVS for the Orange Police, Public Works, and Fire Departments using a Cooperative Purchasing Agreement and equipment installation with Hi-Standard Automotive, LLC, as a single source provider.

1. Approve the purchase of eleven vehicles from National Auto Fleet Group for a total amount of $588,763.

2. Approve the purchase of two vehicles from Republic EVS, LLC, for a total amount of $596,766.

3. Approve the purchase and installation of safety equipment from Hi-Standard Automotive, LLC, a single-source vendor, for a total of $154,220.

4. Approve the carryover of the following Fiscal Year 2023-2024 account balance to Fiscal Year 2024-2025:
550.5023.55212.19999 Motor Vehicle Replacement $130,985 Recommended Action:

Attachments: Staff Report

3.13. Water rate pass-through notice for Calendar Year 2025.

Receive and file.

Recommended Action:

Staff Report
Notice of pass through Increase
Attachments:

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

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6 City Council Agenda November 26, 2024

4. REPORTS FROM MAYOR SLATER

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

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

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

7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

7.1. Appointments to the Audit Advisory Committee.

Confirm Mayor Slater’s recommendation to appoint: Jeff Grampp, Chris Horton, Andrew Li, Larry Sallinger, Jack Schroeder, Doug Vogel, and Brian Wilterink to the Audit Advisory Committee for two-year terms respectively ending June 30, 2026.

Recommended Action:

Attachments: Staff Report

8. REPORTS FROM CITY MANAGER

9. PUBLIC HEARINGS

9.1. Public Hearing to consider introduction and First Reading of Ordinance No. 31-24 establishing Objective Design Standards for certain qualifying housing projects and finding of CEQA exemption.

1. Conduct and close Public hearing.

2. Introduce and conduct First Reading of Ordinance No. 31-24. An Ordinance of the City Council of the City of Orange adopting Objective Design Standards by reference in Title 17 for qualified housing projects.

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

Recommended Action:

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7 City Council Agenda November 26, 2024
Staff Report
Attachment 1 Ordinance No. 31-24
Attachment 2 Planning Commission Staff Report Dated October 21, 2024
Attachment 3 Planning Commission Hot File Memo Dated October 21, 2024
Attachment 4 Planning Commission Draft Minutes Dated October 21, 2024
Attachment 5 Design Review Committee Staff Report Dated March 20, 2024
Attachment 6 Design Review Committee Minutes Dated March 20, 2024
Attachments:

10. ADMINISTRATIVE REPORTS

10.1. Implementation of permit parking on both sides of Trenton Avenue from Shaffer Street to Cleveland Street, within Permit Parking Opportunity Area #4, and on the south side of Meats Avenue from Cambridge Street to Greengrove Street, within Permit Parking Opportunity Area #5. Resolution Nos. 11584, 11585, or 11586.

Approve one of the following options: Option 1, 2, or 3.

1. Option 1. Approve permit parking on Trenton Avenue and Meats Avenue and adopt Resolution No. 11584. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas and established permit parking opportunity areas within the City of Orange.

2. Option 2. Approve permit parking on Trenton Avenue only and adopt Resolution No. 11585. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas and established permit parking opportunity areas within the City of Orange.

3. Option 3. Approve permit parking on Meats Avenue only and adopt Resolution No. 11586. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas and established permit parking opportunity areas within the City of Orange.

Recommended Action:

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8 City Council Agenda November 26, 2024
Staff Report
Attachment 1 Resolution No. 11584 (Option 1)
Attachment 2 Resolution No. 11585 (Option 2)
Attachment 3 Resolution No. 11586 (Option 3)
Attachment 4 Activation Map PPOA #4
Attachment 5 Activation Map PPOA #5
Attachment 6 City Traffic Commission Report October 9, 2024 (Trenton Avenue)
Attachment 7 City Traffic Commission Report October 9, 2024 (Meats Avenue)
Attachment 8 Draft City Traffic Commission Minutes October 9, 2024 Attachment 9 Notification Letter Trenton Avenue
Attachment 10 Notification Letter Meats Avenue
Attachments:

10.2. Historic Property Preservation Agreements (Mills Act Contracts) for 17 qualified historic properties.

1. Approve 17 Mills Act Contracts between the City of Orange and the identified property owners for the preservation and rehabilitation of qualified historic properties; and authorize the Mayor and City Clerk to execute the contracts on behalf of the City.

2. Provide staff with direction on accepting applications in calendar year 2025 for the Mills Act Program.

Recommended Action:

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9 City Council Agenda November 26, 2024
Attachment 1 Summary of 2024 Mills Act Applications, November 26, 2024
Attachment 2 Mills Act Contract MAC 446.0-24 with Photographs Attachment 3 Mills Act Contract MAC 447.0-24 with Photographs Attachment 4 Mills Act Contract MAC 448.0-24 with Photographs Attachment 5 Mills Act Contract MAC 449.0-24 with Photographs Attachment 6 Mills Act Contract MAC 450.0-24 with Photographs Attachment 7 Mills Act Contract MAC 451.0-24 with Photographs Attachment 8 Mills Act Contract MAC 452.0-24 with Photographs Attachment 9 Mills Act Contract MAC 453.0-24 with Photographs Attachment 10 Mills Act Contract MAC 454.0-24 with Photographs Attachment 11 Mills Act Contract MAC 455.0-24 with Photographs Attachment 12 Mills Act Contract MAC 456.0-24 with Photographs Attachment 13 Mills Act Contract MAC 458.0-24 with Photographs Attachment 15 Mills Act Contract MAC 460.0-24 with Photographs Attachment 14 Mills Act Contract MAC 459.0-24 with Photographs Attachment 16 Mills Act Contract MAC 461.0-24 with Photographs Attachment 17 Mills Act Contract MAC 462.0-24 with Photographs Attachment 18 Mills Act Contract MAC 463.0-24 with Photographs Attachments:

10.3. Fiscal Year 2025-2030 Citywide Strategic Plan.

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

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

Recommended Action:

Staff Report
Fiscal Year 2025-2030 Citywide Strategic Plan
Attachments:

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

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.

Recommended Action:

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10 City Council Agenda November 26, 2024
Staff Report
Resolution No. 11577
Resolution No. 11578
Attachments:

11. LEGAL AFFAIRS

11.1. 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.

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.

Recommended Action:

Staff Report
Ordinance No. 30-24 - CLEAN
Ordinance No. 30-24 - REDLINED
Attachments:

11.2. Introduction and First Reading of Ordinance No. 32-24 prohibiting unlicensed or unpermitted bicycle sales and repairs on public property.

Introduce and conduct First Reading of Ordinance No. 32-24. An Ordinance of the City Council of the City of Orange amending Chapter 10.10 of the Orange Municipal Code Pertaining to Prohibition on Repairs and Sales of Bicycles and Bicycle Parts on Public Property.

Recommended Action:

Staff Report
Ordinance No. 32-24 - CLEAN
Ordinance No. 32-24 - REDLINED
Attachments:

12. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, December 10, 2024, at 6:00 p.m., in the Council Chamber, for the Oath of Office Ceremony, with Closed Session beginning at 5:00 p.m., if necessary.

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

Date posted: November 21, 2024

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11 Agenda Item
City Council
Item #: 3.1. 11/26/2024 File #: 24-0683
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk\City Clerk Services Director

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
City of Orange Page 1 of 1 Printed on 11/20/2024
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Agenda Item
City Council
Item #: 3.1. 11/26/2024 File #: 24-0683
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk\City Clerk Services Director

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
City of Orange Page 1 of 1 Printed on 11/20/2024
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Agenda Item
City Council
Item #: 3.2. 11/26/2024 File #: 24-0681
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on November 12, 2024.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· November 12, 2024, Regular Meeting minutes
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Agenda Item
City Council
Item #: 3.2. 11/26/2024 File #: 24-0681
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on November 12, 2024.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· November 12, 2024, Regular Meeting minutes
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City of Orange
City Council
November 12, 2024

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

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:02 p.m.

1.1 ROLL CALL

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

Absent: None

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m. with all Members present to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)
b. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6:

City Negotiator: Tom Kisela, City Manager
Employee Organization: Top Management, Part-Time and Limited Duration Employees

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:55 p.m.

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16 City Council Minutes - Draft November 12, 2024
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:03 p.m.

1.1 INVOCATION
Given by Father Martin Nguyen from La Purisima Catholic Church.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember John Gyllenhammer.

1.3 ROLL CALL

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

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation honoring the 100th Anniversary of La Purisima Catholic Church.

Orange High School Student Liaison Nadia Flores provided Council with a brief update on school happenings.

El Modena High School Student Liaison Ximena Quijano Espinoza provided Council with a brief update on school happenings.

The following City of Orange employees were recognized: Assistant Community Services Director Emily Bustamante and IT Project Manager Thomas Tran.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
None

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

ACTION: Approved.

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17 City Council Minutes - Draft November 12, 2024

3.2. Confirmation of accounts payable warrant registers dated October 3, 10, 17, 24, and 31, 2024 and payroll check warrants dated October 11, and 25, 2024.

ACTION: Ratified the accompanying registers.

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on October 22, 2024.

ACTION: Approved minutes as presented.

3.4. Agreement with Tesco Controls, LLC for technical support services for the Water Utility’s Supervisory Control and Data Acquisition system.

ACTION: Approved agreement with Tesco Controls, LLC in the amount of $50,000 for the technical support services to the Supervisory Control and Data Acquisition system; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.5. Agreement with the City of Santa Ana for Fiscal Year 2022-2023 Urban Areas Security Initiative grant.

ACTION: Approved the agreement with the City of Santa Ana for Fiscal Year 2022-2023 Urban Areas Security Initiative grant; and authorized the City Manager and City Clerk to execute on behalf of the City.

3.6. Agreement with Kimley-Horn and Associates, Inc. for traffic engineering services for the School Crossing Guard Warrant Study.

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

Staff responded to Council's questions about sharing the cost with the Orange Unified School District and about the criteria that will be used in the warrant study. During discussion, staff was directed to reach out to the school board about sharing the cost of the study.

ACTION: A motion was made by Councilmember Bilodeau, seconded by Councilmember Tavoularis, to:
1) Approve the agreement with Kimley-Horn and Associates, Inc. in the total amount of $50,546.10, representing the cost of traffic engineering services of $45,951.00, plus a 10% contingency of $4,595.10; and authorize the Mayor and City Clerk to execute on behalf of the City.
2) Authorize the one-time appropriation of $50,550 from the General Fund (100) unreserved fund balance to:
100.5031.51670.00000 Other Professional & Consulting Services The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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18 City Council Minutes - Draft November 12, 2024

3.7. Traffic Signal Reimbursement Agreement with Chapman University for the design and construction of a new traffic signal at the intersection of Walnut Avenue and Orange Street, and future intersection modifications to the intersection of Walnut Avenue and Glassell Street.

ACTION: 1) Approved the agreement with Chapman University to reimburse the City for a new traffic signal and intersection modifications; and authorized the Mayor and City Clerk to execute on behalf of the City.
2) Accepted into the City’s Reimbursable Capital Projects (550) revenue budget $800,000 in reimbursement from Chapman University to:
550.5031.45570.30259 Walnut Avenue and Orange Street Traffic Signal Installation 3) Authorized the appropriation of $800,000 in to Reimbursable Capital Projects (550):
550.5031.56100.30259 Walnut Avenue and Orange Street Traffic Signal Installation

3.8. Acceptance of $112,159.88 in revenue received from the Recreation class program, 2024 Special Events donations, User Group field costs, and various other donations; and appropriation of $89,812.52 of the revenue to support corresponding programs.

Item 3.8 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

Staff clarified the Kinder Morgan donation of $7,600 could only be used at Grijalva Park. The funds will be used for the area lighting project at Grijalva Park.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to:
1) Accept into the City's General Fund revenue budget $112,159.88 in Recreation class program revenue, various donations, and User Group maintenance fees to:
100.7001.46540.00000 Recreation Classes $41,157.88
100.7015.48390.20543 Donations - 2024 Special Event Season $10,000 105.7015.48390.30254 Donations - Movies in the Park $11,000 105.7015.48380.17552 Other Misc Revenue - Tree Lighting $19,610 100.7001.48390.00000 Donations $7,600
100.7022.42480.00000 User Group Maintenance Fees $20,794 105.7022.42480.00000 User Group Maintenance Fees $1,998 2) Authorize the appropriation of $ 89,812.52 into the General Fund:
100.7011.51670.00000 Other Prof & Consulting Services $28,810.52 105.7015.51670.30254 Other Prof & Consulting Services Movies in the Park $11,000
105.7015.51670.17552 Special Events $19,610
100.7022.51401.00000 Repairs to Buildings and Fixed Equipment $7,600 100.7022.51424.00000 User Group Maintenance $20,794
100.7022.51424.00000 User Group Maintenance $1,998
The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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19 City Council Minutes - Draft November 12, 2024

3.9. Appropriation of $38,508 from the Old Towne West Metrolink Parking Structure parking revenue collected during the Orange International Street Fair to be used for maintenance costs.

ACTION: 1) Accepted into the City’s revenue budget $38,508 in Metrolink Parking Structure funds from the parking fees into revenue account 100.0000.48380.17006, General Fund - Street Fair Metrolink Parking; and 2) Authorized the appropriation of $38,508 into expenditure account number 100.5028.51450.20421, General Fund - Other Maintenance Metrolink Parking Structure.

3.10. Appropriation of $121,699 from the Orange County Board of Supervisors Chair Don Wagner and Supervisor Vicente Sarmiento.

ACTION: 1) Accepted into the City’s General Fund revenue budget $121,699 from the Orange County Board of Supervisors to:
100.4041.45460.00000 General Fund County Grant
2) Authorized the appropriation of $121,699 into the General Fund:
100.4041.51670.00000 General Fund Professional/Consulting Services

3.11. Award of Contract to Ramona, Inc. for Annual Sewer Replacement/Maintenance Fiscal Year 2024-2025; Bid No. 24-25.04 (S-252).

ACTION: 1) Approved the contract with Ramona, Inc. in the total amount of $1,941,720, representing an original bid amount of $1,765,200, plus a 10% contingency of $176,520, for Annual Sewer Replacement/Maintenance Fiscal Year 2024-2025; and authorized the Mayor and City Clerk to execute on behalf of the City. 2) Authorized the carryover of the Fiscal Year 2023-2024 account balance of $2,282,088 to Fiscal Year 2024-2025 to:
220.5011.56200.15508 Sewer Line Maintenance/Replacement

3.12. Historic Property Preservation Agreements (Mills Act Contracts) for 14 qualified historic properties.

Speaker cards were submitted for Item 3.12; therefore, the item was removed from the Consent Calendar for separate consideration.

Mayor Slater recused himself from the following applications due to a potential conflict of interest with nearby properties: 633 E. Maple, 222 Pine St., 374 & 378 N. Pine St., and 186 S. Cambridge. Mayor pro tem Barrios recused herself from the following applications due to a potential conflict of interest with nearby properties: 374 & 378 N.

Pine St. and 127 Grand.

Public Speakers:

Reggie Mundekis raised concerns with the impact to the general fund and opposed approval of the contracts at this time.

Carol Fox spoke in support of approval.

Ben Mayberry and Matthew McKinney, owners of The Hobbit, spoke in support of approval.

Don St. Jean spoke in support of approval.

Kathleen Voss, applicant, spoke in support of approval.

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20 City Council Minutes - Draft November 12, 2024
Council briefly discussed the status and enforcement of the Mills Act program and the possibility of continuing the item until staff can update Council on the FY 25-26 budget forecast.

During discussion, staff verified there are additional applications scheduled for consideration at the next Council meeting. After further deliberation, Council discussed voting on the one commercial property located at 2932 E. Chapman Avenue and considering the residential applications separately.

ACTION: A motion was made by Mayor Slater, seconded by Councilmember Gutierrez, to approve Mills Act Contract No. 457.0-24 (Historic Property Preservation Agreement), 2932 E. Chapman Avenue, between the City of Orange and identified property owner(s) for the preservation and rehabilitation of a qualified historic property; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Ayes: Barrios, Tavoularis, Gutierrez, and Slater
Noes: Dumitru, Bilodeau, and Gyllenhammer

Absent: None
Mayor Slater suggested voting on the residential properties that he and Mayor pro tem Barrios did not recuse from before voting on the others.

ACTION: A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to approve Mills Act Contract Nos. 446.0-24, 448.0-24, 450.0-24, 452.0-24, 453.0-24, 455.0-24, 459.0-24, and 460.0-24 (Historic Property Preservation Agreements) between the City of Orange and identified property owner(s) for the preservation and rehabilitation of a qualified historic property; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion failed by the following vote:

Ayes: Barrios, Gutierrez, and Slater
Noes: Dumitru, Tavoularis, Bilodeau, and Gyllenhammer

Absent: None
Council discussed receiving a clear picture of the budget before approving any other Mills Act contracts.

ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to continue the remaining 13 qualified Mills Act Contracts (Historic Property Preservation Agreements) to the November 26, 2024, Regular City Council meeting and direct staff to provide Council with an update on the FY 25-26 budget forecast. The motion carried by the following vote:

Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater Noes: Barrios, and Gyllenhammer

Absent: None

3.13. Authorize the purchase of various annual hardware and software maintenances from Sidepath, Inc.

ACTION: Approved the purchase of various annual hardware and software maintenances from Sidepath, Inc. for a total amount of $247,308.56.

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21 City Council Minutes - Draft November 12, 2024

3.14. Accept donation of a Police Support Canine and required training from the Orange Police Foundation.

ACTION: Accepted donation of a Police Support Canine and training from the Orange Police Foundation to the Orange Police Department.

3.15. Adoption of Fiscal Year Ended June 30, 2024, Measure M2 Expenditure Report.

Resolution No. 11582.

ACTION: Adopted Resolution No. 11582. A Resolution of the City Council of the City of Orange concerning the Fiscal Year ended June 30, 2024, Measure M2 Expenditure Report for the City of Orange.

Approval of the Consent Calendar
Items 3.6, 3.8, and 3.12 were removed from the Consent Calendar and heard separately. All other items were approved as recommended.

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

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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

4. REPORTS FROM MAYOR SLATER

4.1. Updates on Measure Z and Measure AA
Mayor Slater reported Measure Z (1/2 cent sales tax increase) is still too close to call.

He acknowledged City Treasurer-Elect Garrett Smith. It appears Measure AA (safe and sane fireworks) will pass. City Manager Kisela provided an update on the process for implementing the sale of safe and sane fireworks permits.

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: Orange County Farm Supply.

5.2. Other Councilmember Reports
Councilmember Tavoularis remarked on the success of the Treats in the Streets event sponsored by Old Towne Preservation Association.

6. AB 1234 REPORTS
Councilmember Bilodeau clarified the trip to Washington D.C. he reported on at the September 24, 2024, Regular City Council meeting was at no expense to the City; and he was not reimbursed for travel.

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22 City Council Minutes - Draft November 12, 2024

7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

7.1. Appointment to the Design Review Committee.

Council discussed waiting to appoint someone to the vacancy on the Design Review Committee as the committee's number, qualifications, duties, and purpose is currently being reviewed.

A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to appoint Adrienne Gladson to the Design Review Committee for a four-year term ending on June 30, 2028. The motion carried by the following vote:

Ayes: Barrios, Tavoularis, Gutierrez, Gyllenhammer, and Slater Noes: None

Absent: None
Abstain: Dumitru, and Bilodeau

8. REPORTS FROM CITY MANAGER

8.1. Fiscal Year 2024-25 General Fund First Quarter Report.

Report was received and filed.

9. ADMINISTRATIVE REPORTS

9.1. Implementation of permit parking on both sides of Fairway Drive from Cambridge Street to Tustin Street; both sides of Young Circle south of Fairway Drive; and both sides of Greenview Drive south of Fairway Drive, within Permit Parking Opportunity Area #2. Resolution No. 11581.

Public Speaker:

Andy Martinez inquired about permits for his tenants (as he owns an apartment building within the permit parking area). Staff informed Mr. Martinez on the process for obtaining permits for his tenants.

In response to Council's questions, staff indicated they are working on implementing an update to the Permit Parking Program policy that was adopted in 2022. Staff is processing the remaining applications that existed before that policy was approved.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to:
1) Modify the easterly boundary of Permit Parking Opportunity Area #2 to coincide with the west side of Tustin Street.
2) Approve permit parking in Permit Parking Opportunity Area #2: on both sides of E.

Fairway Drive from S. Cambridge Street to S. Tustin Street; both sides of Young Circle, south of E. Fairway Drive; and both sides of E. Greenview Drive, south of E. Fairway Drive.
3) Adopt Resolution No. 11581. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas and established permit parking opportunity areas within the City of Orange.

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23 City Council Minutes - Draft November 12, 2024
The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

9.2. Monthly Treasurer’s Reports for July, August, and September 2024.

The report was received and filed.

10. LEGAL AFFAIRS

10.1. Introduction and First Reading of Ordinance No. 29-24 amending Chapter 8.37 of the Orange Municipal Code pertaining to graffiti.

During discussion, Councilmember Gyllenhammer requested to amend the motion to strike "criminal" citations from Section 8.37.100(A). Mayor pro tem dissented.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to introduce and conduct First Reading of Ordinance No. 29.24. An Ordinance of the City Council of the City of Orange amending Chapter 8.37 of the Orange Municipal Code pertaining to graffiti. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater Noes: Gyllenhammer

Absent: None

11. ITEMS RELATED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY

11.1. Industrial Development Authority of the City of Orange Report.

The IDA report was received and filed.

12. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:17 p.m.

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

CITY CLERK MAYOR

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Draft
24 Agenda Item
City Council
Item #: 3.3. 11/26/2024 File #: 24-0657
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Municipal Water District of Orange County for sharing the consultant cost for completion of Orange County Water and Wastewater Multi-jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects.

2. SUMMARY
To ensure compliance with America’s Water Infrastructure Act, an agreement with the Municipal Water District of Orange County for sharing consultant costs for completion of Orange County Water and Wastewater Multi-jurisdictional Hazard Mitigation Plan is needed. The cost sharing portion for the City of Orange is $89,700.

3. RECOMMENDED ACTION
Approve agreement with the Municipal Water District of Orange County in the amount of $89,700; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $89,700 and will be funded through Water Fund (600):
600.8011.53420.00000 Water Fund Purchase Water for Resale

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

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

6. DISCUSSION AND BACKGROUND
On October 23, 2018, America’s Water Infrastructure Act (AWIA) was signed into law. AWIA section 2013, which amended section 1433 of the Safe Drinking Water Act, requires community water systems serving more than 3,300 people to develop or update risk and resilience assessments and emergency response plans.

On October 8, 2019, City Council approved an agreement with Municipal Water District Orange County for the preparation of the 2019 AWIA Risk and Resiliency Assessments (RRA) and City of Orange Page 1 of 2 Printed on 11/20/2024
powered by Legistar™ 25
Item #: 3.3. 11/26/2024 File #: 24-0657
Emergency Response Plan (ERP). This plan must be updated every five years.

Based on the successful history of collaboration and cost sharing programs such as Urban Water Management Plans, MWDOC and local water utilities have jointly prepared and agreed to an agreement. The joint effort helps to increase cost effectiveness for participating agencies through economies of scale and reduces preparation time.

The scope of the Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) and AWIA of 2018 Required Components was incorporated into a Request for Proposals.

Partner agencies assisted with the development of the scope of work. In response, consulting firms submitted proposals, which resulted in the selection of HSG, LLC (d/b/a (Herndon Solutions Group) as the consultant to prepare Orange County MJHMP and the AWIA Update Projects for the Participating Agencies
The work will consist of an update to a regional hazard mitigation assessment and consequently develop an Orange County MJHMP that meets the Federal Emergency Management Agency guidelines for approval with the goal of updating each Participating Agency’s vulnerabilities and apply those to a regional concept of emergency mitigation, to have a regional water and wastewater utility plan.

Staff is recommending approval and execution of the shared consultant cost agreement with MWDOC in the amount of $89,700.

7. ATTACHMENTS
· Agreement with Municipal Water District of Orange County · Scope and Fee
City of Orange Page 2 of 2 Printed on 11/20/2024
powered by Legistar™ 26
Agenda Item
City Council
Item #: 3.3. 11/26/2024 File #: 24-0657
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION
Approve agreement with the Municipal Water District of Orange County in the amount of $89,700; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $89,700 and will be funded through Water Fund (600):
600.8011.53420.00000 Water Fund Purchase Water for Resale

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

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

On October 8, 2019, City Council approved an agreement with Municipal Water District Orange County for the preparation of the 2019 AWIA Risk and Resiliency Assessments (RRA) and City of Orange Page 1 of 2 Printed on 11/20/2024
powered by Legistar™ 27
Item #: 3.3. 11/26/2024 File #: 24-0657
Emergency Response Plan (ERP). This plan must be updated every five years.

The scope of the Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) and AWIA of 2018 Required Components was incorporated into a Request for Proposals.

Staff is recommending approval and execution of the shared consultant cost agreement with MWDOC in the amount of $89,700.

7. ATTACHMENTS
· Agreement with Municipal Water District of Orange County · Scope and Fee
City of Orange Page 2 of 2 Printed on 11/20/2024
powered by Legistar™ 28
55401.00000\42564077.1

Page 1 of 8 ends

AGREEMENT FOR SHARING CONSULTANT COSTS FOR COMPLETION OF

ORANGE COUNTY WATER AND WASTEWATER MULTI-JURISDICTIONAL

HAZARD MITIGATION PLAN AND AMERICA WATER INFRASTRUCTURE ACT OF 2018 PROJECTS
This Agreement for Sharing Consultant Costs for Completion of Joint Hazard Mitigation Plans DQGWKH$PHULFD¶V:DWHU,QIUDVWUXFWXUHAct of 2018 (AWIA) Update Projects ³$JUHHPHQW¥
is
made and entered into as of August 15, 2024, by and between the City of Orange (³Participating Agency¥) and the Municipal Water District of Orange County (³MWDOC¥). The Participating Agency and MWDOC are collectively referred to as ³Parties.¥

RECITALS
WHEREAS, MWDOC is the administrator of the Water Emergency Response Organization of Orange County (WEROC), providing countywide emergency preparedness for water and wastewater agencies, which includes essential resources, trainings, and exercises to member agencies and coordination partners throughout Orange County; WHEREAS, as WEROC administrator, MWDOC ensures compliance with $PHULFD¶V :DWHU Infrastructure Act (AWIA) and managing the Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP);
WHEREAS, numerous retail and wholesale agencies in Orange County that share infrastructure and are similarly situated with regard to emergency preparedness, including the Participating Agency (collectively ³3DUWLFLSDWLQJ $JHQFLHV¥
, enter into cost-sharing agreements with
MWDOC;
WHEREAS, the Participating Agencies and MWDOC have a successful history of collaboration and cost sharing and now desire to coordinate in the preparation of Orange County MultiJurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) and the AWIA Update Projects to ensure consistency and obtain economies of scale thereby reducing preparation time and costs for each the Participating Agency; and
WHEREAS, a Scope of Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) and AWIA of 2018 Required Components (Risk/Resiliency Assessment (RRA) and Emergency Response Plans (ERP) was incorporated into a Request for Proposals. Partner agencies assisted with the development of the scope of work. In response, consulting firms submitted proposals, which resulted in the selection of HSG, LLC (d/b/a (Herndon Solutions Group) (³HSG¥ or ³Consultant¥) as the consultant to prepare Orange County MultiJurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) and the AWIA Update Projects for the Participating Agencies (the ³:RUN¥

WHEREAS, the Work will consist of an update to a regional hazard mitigation assessment and consequently develop an Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) that meets the Federal Emergency Management Agency (FEMA) guidelines for approval with the goal of updating each Participating AJHQF\¶VYXOQHUDELOLWLHVDQG apply those to a regional concept of emergency mitigation, in order to have a regional water & wastewater utilities plan;
Docusign Envelope ID: C3661955-26C8-4738-A7FD-9F966FD23E5D 29 55401.00000\42564077.1

Page 2 of 8 ends

WHEREAS, each participating water utility has conducted security threat vulnerability DVVHVVPHQWVDQGKDYHDJHQHUDOHPHUJHQF\SODQVWKDWDUHFRPSOLDQWZLWK&DOLIRUQLD¶V Standardized Emergency Management System, the National Incident Management System, and the AWIA; WHEREAS, AWIA requires community water systems that serve more than 3,300 people to identify, manage, and minimize organizational risks and update their RRAs and ERPs at least every five years;
WHEREAS, to maximize resources, MWDOC included the update of agency MJHMPs, as required by the Disaster Mitigation Act of 2000, which will ensure alignment of these planning processes by leveraging the same data sets and collaboration activities, such as hazard identification and mitigation workshops;
WHEREAS, HSG previously supported MWDOC with its initial AWIA compliance submittal, completing 23 RRAs and ERPs from 2019 through 2021, which included coordination with 0:'2&¶VHMP and Urban Water Management Plan (UWMP) planning teams; WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the Consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed:

1. Engagement of Consultant and Administration of Consultant Agreement

1.1 MWDOC shall award a professional services agreement for the work identified in the Request for Proposals (³Consultant Agreement¥) to HSG. MWDOC shall use its standard professional services agreement form for the Consultant Agreement, including any minor negotiated deviations approved by MWDOC General Manager and Legal Counsel, and require appropriate types and limits of insurance coverage and indemnification as required by this Agreement. Each CGL policy shall identify MWDOC, the Participating Agency, and their directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement will require the Consultant's insurer(s) to waive all rights of subrogation against MWDOC, the Participating Agency, and their directors, officers, agents, employees, attorneys, consultants and volunteers.

The Consultant Agreement will further require the Consultant to indemnify, defend and hold harmless MWDOC, the Participating Agency, and its elected officials, officers and employees, and each of them from and against all third party actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, including reasonable legal fees and costs, arising out of, resulting from, or on account of &RQVXOWDQW¶V negligent acts or willful misconduct in the performance of the work under this agreement, provided, however, that &RQVXOWDQW¶V liability under this indemnity shall not apply to the extent of the contributory negligence of the MWDOC, the Participating Agency, its Docusign Envelope ID: C3661955-26C8-4738-A7FD-9F966FD23E5D 30 55401.00000\42564077.1

Page 3 of 8 ends

employees and contractors. The Consultant Agreement will require Consultant to ensure that its sub-consultants, if any, provide similar insurance coverage.

1.2 MWDOC shall coordinate all aspects of the proposed work with the selected Consultant and communicate with the Participating Agency, and upon request of the Participating Agency, regarding the status and substance of completion and submission of the MJHMP and AWIA Update Projects.

1.3 HSG has organized participating agencies into three groups: (1) Participating Agencies that need only MJHMP support, (2) Participating Agencies that need both MJHMP and AWIA RRA and ERP support, and (3) Participating Agencies that need only AWIA RRA and ERP support.

1.4 Following notice to proceed, HSG will further group the Participating Agencies based on geography, agency-specific due dates, and previously assigned assistant project managers.

1.5 The Participating Agency shall, within a reasonable timeframe, provide all documents, information, and assistance requested by the selected Consultant during the performance of the Consultant Agreement.

2. Cost Sharing Obligations

2.1 MWDOC shall:

2.1.1 7UDFNWKH3DUWLFLSDWLQJ$JHQF\¶VFRVWVIRUeach plan (HMP, RRA, and ERP) as described in ([KLELW$
³2025 MJHMP and AWIA Participating
Agency Cost :RUNVKHHW¥
which includes the 3DUWLFLSDWLQJ $JHQF\¶V
estimated base cost for each plan and is attached hereto and incorporated herein by this reference;

2.1.2 Be responsible for receiving Consultant invoices by the 10th day of the month pursuant to the Consultant Agreement;

2.1.3 Be responsible for billing the Participating Agency for the costs due on the payment date as described in Exhibit A, including additional amounts owed for any approved changes to the Work;

2.1.4 Be responsible for making payments directly to Consultant from funds paid to MWDOC by the Participating Agency;

2.1.5 Inform the Participating Agency of any proposed changes to the estimated costs in Exhibit A that would result in an increase or decrease in that Participating Agency's payment under this Agreement and seek WKH3DUWLFLSDWLQJ$JHQF\¶VDSSURYDO IRU VXFKFKDQJHVEHIRUHnotifying the Consultant to proceed with the work;
Docusign Envelope ID: C3661955-26C8-4738-A7FD-9F966FD23E5D 31 55401.00000\42564077.1

Page 4 of 8 ends

2.1.6 Prepare a final accounting at the end of each fiscal year and either distribute any remaining funds collected from the Participating Agency back to the Participating Agency or issue a final bill to Participating Agency where there are funds due;

2.1.7 Share information relative to adjustments in costs with Participating Agency on a periodic basis if decisions to participate by the various Participating Agencies affect the costs in Exhibit A.

2.2 Each Participating Agency shall:

2.2.1 Pay to MWDOC the costs due for each plan on each payment date as described in Exhibit A;

2.2.2 Within 60 days of each invoice date, pay to MWDOC the amount invoiced in accordance with , Exhibit A;

2.2.3 If the Participating Agency requests or requires additional work that was not included in the cost calculation in Exhibit A, MWDOC will assist with coordination with the Consultant and develop the change order for any contract changes if both Participating Agency and Consultant approves such work. Participating Agency agrees to pay to MWDOC, the full amount owed for the additional work within 60 days of the invoice date;

2.2.4 Acknowledge that costs may vary as Participating Agencies decide whether or not to participate and/or as additional work is completed ZLWKWKH3DUWLFLSDWLQJ$JHQF\¶VDSSURYDO.

3. Accounting

3.1 Upon request of the Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records.

4. Non-Appropriation of Funds

4.1 Payments to be made by the Participating Agency under Section 2.2 to MWDOC for any Work performed by the selected Consultant within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that the Participating Agency does not appropriate sufficient funds for SD\PHQW RI WKH VHOHFWHG &RQWUDFWRU¶V Work beyond the current fiscal year, this Agreement shall cover payment for such Work only to the conclusion of the last fiscal year in which the Participating Agency appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

4.2 The Participating Agency agrees to use reasonable efforts to ensure appropriated funds are available and acknowledge that MWDOC is facilitating payment to the Docusign Envelope ID: C3661955-26C8-4738-A7FD-9F966FD23E5D 32 55401.00000\42564077.1

Page 5 of 8 ends

Consultant under this Agreement for benefit of and cost-savings for the Participating Agency.

5. Independent Contractor

5.1 Any consultant engaged by MWDOC on behalf of the Participating Agency as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or the Participating Agency, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the Consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC.

6. Warranty, Indemnification, and Defense

6.1 MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agency as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement.

6.2 All losses or liabilities resulting from any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any work contemplated by this Agreement shall be subject to the indemnification described in this Section 6.3.

6.3 Subject to Sections 6.1, 6.2, and 6.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed or occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to any other Parties under this Agreement.

6.4 As between Participating Agencies, any costs associated with the defense and indemnity obligations set forth in Section 6.3 shall be the financial responsibility of each Participating Agency based on their proportionate share of fault, as determined by final arbitration or court decision or by the agreement of the Participating Agencies.

Docusign Envelope ID: C3661955-26C8-4738-A7FD-9F966FD23E5D 33 55401.00000\42564077.1

Page 6 of 8 ends

7. Notice

7.1 Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid with the United States Postal Service addressed to the contracting Parties as follows:

Notice to Parties

1. MWDOC Harvey De La Torre, General Manager
Municipal Water District of Orange County
18700 Ward St.

P.O. Box 20895
Fountain Valley, CA 92728
With copy to:

Vicki Osborn
Director of Emergency Management
Water Emergency Response Organization of
Orange County (WEROC)
[email protected]

2. City of Orange Jose Diaz, Water Manager
City of Orange
189 S. Water Street
Orange, CA 92866

8. Jurisdiction and Venue

8.1 In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California.

9. Counterparts and Facsimile

9.1 This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by Docusign Envelope ID: C3661955-26C8-4738-A7FD-9F966FD23E5D 34 55401.00000\42564077.1

Page 7 of 8 ends

facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement.

10. Severability

10.1 If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

11. Term

11.1 This Agreement shall commence upon the date of execution by the Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to the Participating Agency.

11.2 MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 11, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement.

12. Entire Agreement

12.1 This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of This Agreement.

Docusign Envelope ID: C3661955-26C8-4738-A7FD-9F966FD23E5D 35 Orange County Water and Wastewater Jurisdictions Tier Hazard
Mitigation Plan
3/9/25
Population
Served
AWIA RRA Deadline
** Note each agency
deadline date is different
based on when they
submitted last cycle
^^ERPs are due 6
months after RRA
Submittal
Risk and Resilience
Assessment
Emergency
Response
Plans
Project
Installation Total
Letter of
Commitment
Received
Signed
Contract
Received
Payment HMP
** Payment
Invoice 100%
Payment
RRA Due
Payment
ERP Due
Anaheim (City) * Tier I 345940 3/31/2025 89700 17250 106950 Y 10/15/2024 9/15/2025 Brea (City) Tier III 47589 6/30/2026 32200 17250 49450 Y 12/15/2025 12/15/2026 Buena Park (City) Tier II
83011 12/31/2025 49450 17250 66700
Y
Total Amount
Allocated to
FY 24/25
**Billing Date
3/31/25
Costa Mesa Sanitary District 11800 11800 Y60 days following contract signature
El Toro WD Tier II 9300 51800 12/31/2025 32200 17250 58750 Y
60 days following
contract signature 6/15/2025 6/15/2026
Emerald Bay **
EOCWD ***
Fountain Valley (City) Tier II 56495 12/31/2025 49450 17250 66700 Y 6/15/2025 6/15/2026 Fullerton (City) Tier I 141874 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Garden Grove (City) Tier I 170488 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Golden State **
Huntington Beach (City) Tier I 196652 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Irvine Ranch WD Tier I 8900 412933 3/31/2025 72450 N/A 81350 Y 60 days following
contract signature 10/15/2024 9/15/2025
La Habra (City) Tier II 62609 12/31/2025 49450 17250 66700 Y 6/15/2025 6/15/2026 La Palma (City) **
Laguna Beach (City) **
Laguna Beach County WD Tier III 9300 23000 6/30/2026 32200 63250 104750 Y60 days following contract signature 12/15/2025 12/15/2026
Mesa WD 11800 11800 Y60 days following
contract signature
Midway City Sanitary District **
Moulton Niguel WD Tier I
8900 171856 3/31/2025 72450 17250 98600
Y
60 days following
contract signature 10/15/2024 9/15/2025
MWDOC/WEROC # Tier I 8900 2300000 3/31/2025 72450 17250 75000 17360060 days following contract signature 10/15/2024 9/15/2025
Newport Beach (City) Tier II 84792 12/31/2025 49450 17250 66700 Y 3/1/2025 6/15/2026 Orange (City) Tier I 137263 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Orange County Sanitation District 11800 11800 Y60 days following contract signature
Orange County Water District 11800 11800
Y
60 days following
contract signature
San Clemente (City) Tier II 63896 12/31/2025 49450 17250 66700 Y 10/15/2024 7/1/2026 Santa Ana (City) Tier I 309441 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Santa Margarita WD Tier I 8900 47442 3/31/2025 72450 17250 98600 Y60 days following contract signature 10/15/2024 9/15/2025
Seal Beach (City) Tier III 24937 6/30/2026 32200 17250 49450 Y 12/15/2025 12/15/2026 Serrano WD Tier III 9300 6641 6/30/2026 32200 17250 58750 y
60 days following
contract signature 12/15/2025 12/15/2026
South Coast Water District Tier I 8900 257386 3/31/2025 72450 17250 98600 Y60 days following contract signature 10/15/2024 9/15/2025
South Orange County Waste Water Authority 11800 11800 Y60 days following contract signature
Trabuco Canyon WD Tier III 9300 12712 6/30/2026 32200 17250 58750 Y60 days following contract signature 12/15/2025 12/15/2026
Tustin (City) Tier II 79430 12/31/2025 49450 17250 66700 Y 6/15/2025 6/15/2026 Westminster (City) Tier II 90195 12/31/2025 49450 17250 66700 Y 6/15/2025 6/15/2026 Yorba Linda WD Tier II 9300 67989 12/31/2025 60950 63250 133500 Y60 days following contract signature 6/15/2025 6/15/2026
Totals 150000 1414500 506000 75000 2145500
* New in 2025
** Not Participating
*** Has own HMP and opted to seek own bids (1/31/24 email) # One time cost for project installation and management (WEROC Reserves Covering) 2025 MJHMP and AWIA Participating Agency Cost Worksheet Docusign Envelope ID: C3661955-26C8-4738-A7FD-9F966FD23E5D 36 Agenda Item
City Council
Item #: 3.4. 11/26/2024 File #: 24-0663
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
First Amendment to Agreement with OpenGov, Inc. for the City’s budgeting and planning financial program.

2. SUMMARY
In September 2019, the City Council awarded a five-year agreement with OpenGov, Inc. for a financial program used to provide budgeting and planning, organizational performance, and citizen engagement software tools. The amendment to the agreement with OpenGov, Inc. will extend the agreement by one year. The cost of the amendment is $82,400, bringing the total agreement not-toexceed amount to $469,270.

3. RECOMMENDED ACTION
Approve the first amendment to agreement with OpenGov, Inc. for budget and planning, organizational performance, and citizen engagement software tools and; authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $82,400 and will be funded through the Information Systems Fund (780).
780.1601.53915.00000 Annual Software Licenses and Maintenance

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

6. DISCUSSION AND BACKGROUND
On September 10, 2019, the City Council approved an agreement with OpenGov, Inc. as a budget module solution to supplement the City’s aging financial system. The system was implemented over the span of 3 months and has since served as the City’s main budgeting module annually.

The main function of OpenGov is management of the City’s budget cycle by generating data and reports from financial systems, such as the City’s current financial system EDEN, to improve salary projections, operational needs, and capital planning by way of performance reporting in a simplified City of Orange Page 1 of 2 Printed on 11/21/2024
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Item #: 3.4. 11/26/2024 File #: 24-0663
projections, operational needs, and capital planning by way of performance reporting in a simplified and streamlined way. OpenGov is a cloud-based solution software for public sector budgeting, which also has the ability to illustrate performance and reporting to the public. The amendment is necessary to support the upcoming Fiscal Year 2025-26 budget development. Staff will evaluate the use of OpenGov after the Go-Live of the City’s new financial system, tentatively scheduled for July 2025.

7. ATTACHMENTS
· First Amendment to agreement with OpenGov (AGR 6838)
City of Orange Page 2 of 2 Printed on 11/21/2024
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Agenda Item
City Council
Item #: 3.4. 11/26/2024 File #: 24-0663
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
First Amendment to Agreement with OpenGov, Inc. for the City’s budgeting and planning financial program.

4. FISCAL IMPACT
The expense for this amendment is $82,400 and will be funded through the Information Systems Fund (780).
780.1601.53915.00000 Annual Software Licenses and Maintenance

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

The main function of OpenGov is management of the City’s budget cycle by generating data and reports from financial systems, such as the City’s current financial system EDEN, to improve salary projections, operational needs, and capital planning by way of performance reporting in a simplified City of Orange Page 1 of 2 Printed on 11/21/2024
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Item #: 3.4. 11/26/2024 File #: 24-0663
projections, operational needs, and capital planning by way of performance reporting in a simplified and streamlined way. OpenGov is a cloud-based solution software for public sector budgeting, which also has the ability to illustrate performance and reporting to the public. The amendment is necessary to support the upcoming Fiscal Year 2025-26 budget development. Staff will evaluate the use of OpenGov after the Go-Live of the City’s new financial system, tentatively scheduled for July 2025.

7. ATTACHMENTS
· First Amendment to agreement with OpenGov (AGR 6838)
City of Orange Page 2 of 2 Printed on 11/21/2024
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FIRST AMENDMENT
TO

SOFTWARE SERVICES AGREEMENT
THIS FIRST AMENDMENT TO SOFTWARE SERVIES AGREEMENT (the “First Amendment to Contract”) is made and entered into as of ______________, 2024 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and OPENGOV, INC., a Delaware corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Software Services Agreement (Agreement No. 6838) dated as of September 19, 2019, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by extending the term and increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Extended Term. Upon expiration of the Initial Term on September 14, 2024, the City exercises its option to extend the term of this Agreement from September 15, 2024 to September 14, 2025.

Section 4. Compensation. Pursuant to Section 6.1(b) of the Original Agreement, the total not-to-exceed compensation for the services to be rendered in the First Extended Term shall not exceed EIGHTY-TWO THOUSAND THREE HUNDRED NINETY-NINE DOLLARS and 20/100 ($82,399.20) without the prior written authorization of City.

Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
[Signatures on next page]
41 2
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
OPENGOV, INC., a Delaware corporation CITY OF ORANGE, a municipal corporation *By: By:

Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. √NA
42 Agenda Item
City Council
Item #: 3.5. 11/26/2024 File #: 24-0670
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Second Amendment to Attorney Services Agreement with McCune & Harber, LLP to provide legal services relating to litigation defense in the matter of Terrence Velasquez v. City of Orange.

2. SUMMARY
The City currently has an agreement with McCune & Harber, LLP to provide litigation services for the City’s defense in the matter of Terrence Velasquez v. City of Orange for an amount not to exceed $60,000, which will soon be expended. The proposed Second Amendment will increase the not to exceed amount by $30,000 for a total amount not to exceed $90,000.

3. RECOMMENDED ACTION
Approve a Second Amendment to Attorney Services Agreement with McCune & Harber, LLP in the amount of $30,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $30,000 and will be funded through Self-Insurance Liability Fund (740):
740.0301.51600.00000 Legal Services

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

6. DISCUSSION AND BACKGROUND
While the City Attorney’s Office handles most litigation matters in-house, the City does contract with outside counsel when the complexity of a case or a significant burden to staff time requires additional staffing expertise.

The Second Amendment of the agreement, increasing the contract by $30,000, will raise the total not to exceed amount to $90,000, and is necessary to carry out further defense of the City in this case.

7. ATTACHMENTS
· Second Amendment to Attorney Services Agreement
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Agenda Item
City Council
Item #: 3.5. 11/26/2024 File #: 24-0670
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Second Amendment to Attorney Services Agreement with McCune & Harber, LLP to provide legal services relating to litigation defense in the matter of Terrence Velasquez v. City of Orange.

4. FISCAL IMPACT
The expense for this amendment is $30,000 and will be funded through Self-Insurance Liability Fund (740):
740.0301.51600.00000 Legal Services

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

7. ATTACHMENTS
· Second Amendment to Attorney Services Agreement
City of Orange Page 1 of 1 Printed on 11/20/2024
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SECOND AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT
THIS SECOND AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of __________________, 2024 by and between the CITY OF ORANGE, a municipal corporation (“City”), and MCCUNE & HARBER, LLP, a limited liability partnership (“Law Firm”), with reference to the following:

A. City and Law Firm entered into an Attorney Services Agreement (Agreement No. 7530) dated as of August 1, 2023, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Law Firm amended the Original Agreement to increase the compensation by a First Amendment to Attorney Services Agreement (Agreement No. 7530.1) dated April 23, 2024, which is incorporated herein by this reference (the “First Amendment”); and C. City and Law Firm desire to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2. Payment -A. of the Original Agreement is increased by THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) and Section 2. Payment -A. is hereby amended in its entirety to read as follows:
“City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to this Agreement at the hourly rates set forth in the attached Exhibit “A”.

Total payments for services performed pursuant to this Agreement shall not exceed Sixty Thousand Dollars ($90,000.00) without prior approval of City Council of City.

A condition precedent to any payment to Law Firm shall be that Law Firm shall submit, at least quarterly, a separate statement of account on each file which clearly sets forth by dates the designated items of work, the work time of each item and amount charged for said work time.”
Section 4. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall 45 remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Agreement, the parties enter into this Second Amendment on the year and day first above written.
"LAW FIRM" "CITY"
MCCUNE & HARBER, LLP CITY OF ORANGE, a municipal corporation *By ~
Printe ~ == =:c'1 /<v C
Title: A±+orof2..y
By: ____________ _
Daniel R. Slater, Mayor
*By:--------------- ATTEST:

Printed Name: __________ _
Title: ____________ _
*NOTE:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney
If Law Firm is a corporation, the City requires the following signature(s):
(1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
✓
2 46
Agenda Item
City Council
Item #: 3.6. 11/26/2024 File #: 24-0665
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Concrete Replacement at Various Locations Fiscal Year 2024-2025; authorization to advertise for Bid No. 24-25.11 (SP-4297); and finding of CEQA exemption.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost, including 10% for contingencies and construction engineering, is $1,428,570.

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for bids for Annual Concrete Replacement at Various Locations Fiscal Year 2024-2025.

2. Authorize the following budget transfer in Citywide TSIP (287):

From: 287.5011.56330.11328 ADA Improvements $200,000
To: 287.5011.56330.13120 Pavement Management Program $200,000

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

4. FISCAL IMPACT
The estimated expense for this project is $1,428,570 and will be funded through Measure M2 (263) and Citywide TSIP (287) respectively:
263.5011.56330.13120 Pavement Management Program $1,095,728 287.5011.56330.13120 Pavement Management Program $200,000 263.5021.51700.00000 Contractual Services $132,842

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

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

City of Orange Page 1 of 2 Printed on 11/21/2024
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Item #: 3.6. 11/26/2024 File #: 24-0665

6. DISCUSSION AND BACKGROUND
The project is part of the annual street maintenance program to replace, at various locations, curb, gutter, sidewalk, driveway, cross gutter, and Americans with Disabilities Act (ADA) sidewalk access ramps. The Annual Concrete Replacement Project, within the Pavement Management Program (13120), includes a component of annual maintenance services on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the operations and the Capital Improvement Project (CIP) budgets previously approved by the City Council.

Utilizing the City’s Pavement Management Plan (PMP) ranking of the current street conditions, city staff prepared a list of streets requiring pavement rehabilitation for Fiscal Year 2024-2025. The pavement rehabilitation project is scheduled for authorization to advertise later this fiscal year, and this project will replace all the needed concrete improvements like the sidewalk repair and ADA ramps reconstruction in preparation for the pavement rehabilitation work.

The total estimated quantities for concrete replacement are as follows:

Item Quantity Unit Description
1 2,600 LF Curb and Gutter
2 13,000 SF Sidewalk
3 92 EA ADA Sidewalk Access Ramps
4 2,000 SF Cross Gutter and Spandrel
5 600 SF Driveways
LF = Linear Feet, SF = Square Foot, EA = Each
The total cost is estimated at $1,428,570, including 10% for contingencies and construction engineering. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

Construction is scheduled to begin in March 2025 and is expected to be completed within 90 calendar days.

Specifications and cost estimates are available for review in the Public Works Department.

7. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 “Existing Facilities” (Class 1) because the project is a maintenance activity performed on existing streets, curbs and gutters that does not create additional capacity. No public review is required.

8. ATTACHMENTS
· Location Maps
City of Orange Page 2 of 2 Printed on 11/21/2024
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Agenda Item
City Council
Item #: 3.6. 11/26/2024 File #: 24-0665
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for bids for Annual Concrete Replacement at Various Locations Fiscal Year 2024-2025.

2. Authorize the following budget transfer in Citywide TSIP (287):

From: 287.5011.56330.11328 ADA Improvements $200,000
To: 287.5011.56330.13120 Pavement Management Program $200,000

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

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

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

6. DISCUSSION AND BACKGROUND
The project is part of the annual street maintenance program to replace, at various locations, curb, City of Orange Page 1 of 2 Printed on 11/20/2024
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Item #: 3.6. 11/26/2024 File #: 24-0665
The project is part of the annual street maintenance program to replace, at various locations, curb, gutter, sidewalk, driveway, cross gutter, and Americans with Disabilities Act (ADA) sidewalk access ramps. The Annual Concrete Replacement Project, within the Pavement Management Program (13120), includes a component of annual maintenance services on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the operations and the Capital Improvement Project (CIP) budgets previously approved by the City Council.

The total estimated quantities for concrete replacement are as follows:

Construction is scheduled to begin in March 2025 and is expected to be completed within 90 calendar days.

Specifications and cost estimates are available for review in the Public Works Department.

8. ATTACHMENTS
· Location Maps
City of Orange Page 2 of 2 Printed on 11/20/2024
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NOTE: Recent data updates may not be reflected on this
map at the time of printing, use at your discretion.