Agenda packet — Orange City Council, February 10, 2026 (part 2 of 4)

FOR CASH ACCOUNT: 998-0000-10000- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 12829 2025/10-3000-63 100-3121-57101- 45.09

DOC INVOICE NO ACCOUNT AMOUNT 12830 2025/10-3000-64 100-3121-53101- 189.06 12831 2025/10-3000-65 100-3121-57101- 539.43 12832 2025/10-3000-66 100-3121-53101- 99.00 12821 2025/10-3000-55 100-3121-57101- 15.00 12822 2025/10-3000-56 100-3121-53101- 118.51 12823 2025/10-3000-57 100-3121-54101- 106.67 12824 2025/10-3000-58 100-3121-54101- 83.39 12825 2025/10-3000-59 100-3121-54101- 72.11 12826 2025/10-3000-60 100-3121-54101- 29.59 12814 2025/10-3000-48 105-3124-57109- 14.18 12815 2025/10-3000-49 105-3124-57109- 25.35 12816 2025/10-3000-50 105-3124-57109- 105.70 12817 2025/10-3000-51 105-3124-57109- 99.76 12819 2025/10-3000-53 100-3121-57101- 45.09 12820 2025/10-3000-54 225-3122-57104- 75.00 12808 2025/10-3000-42 100-3121-57101- 360.48 12809 2025/10-3000-43 100-3011-55999- 306.00 12810 2025/10-3000-44 100-3011-55999- 796.00 12811 2025/10-3000-45 225-3215-55999- 97.12 12812 2025/10-3000-46 100-3121-53201- 390.07 12813 2025/10-3000-47 105-3124-57109- 50.00 12802 2025/10-3000-36 100-3121-53201- 43.06 12803 2025/10-3000-37 100-3121-53101- 145.43 12804 2025/10-3000-38 225-3122-57104- 300.00 12805 2025/10-3000-39 225-3122-57104- 250.00 12806 2025/10-3000-40 100-3001-57101- 34.81 12807 2025/10-3000-41 100-3001-57101- 30.06 12796 2025/10-3000-30 100-3112-57101- 133.21 12797 2025/10-3000-31 100-3112-57101- 146.46 12798 2025/10-3000-32 100-3112-53199- 10.54 12799 2025/10-3000-33 100-3112-57101- 5.87 12800 2025/10-3000-34 100-3112-57101- 191.37 12801 2025/10-3000-35 100-3112-53199- 16.37 12790 2025/10-3000-24 100-3112-57101- 18.00 12791 2025/10-3000-25 100-3112-57101- 1.78 12792 2025/10-3000-26 100-3112-57101- 9.56 12793 2025/10-3000-27 100-3112-57101- 18.00 12794 2025/10-3000-28 100-3112-57101- 7.33 12795 2025/10-3000-29 100-3112-57101- 14.59 12784 2025/10-3000-18 100-3121-57101- 25.17 12785 2025/10-3000-19 100-3011-55104- 48.25 12786 2025/10-3000-20 100-3011-53101- 17.19 12787 2025/10-3000-21 225-3122-57104- 250.00 12788 2025/10-3000-22 100-3112-57101- 18.00 12789 2025/10-3000-23 100-3112-57101- 18.00 12778 2025/10-3000-12 100-3123-57101- 234.00 12779 2025/10-3000-13 100-3011-56301- 220.46 12780 2025/10-3000-14 100-3011-56301- 285.66 88 City of Orange

AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 13:47
User: jmendez
Program ID: apchkrcn

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FOR CASH ACCOUNT: 998-0000-10000- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 12781 2025/10-3000-15 100-3011-56301- 44.71

DOC INVOICE NO ACCOUNT AMOUNT 12782 2025/10-3000-16 100-1401-57101- 65.49 12783 2025/10-3000-17 100-1401-57101- 28.23 12772 2025/10-3000-06 100-3121-57101- 265.39 12773 2025/10-3000-07 100-3121-57101- -265.39 12774 2025/10-3000-08 100-1401-57101- 349.91 12775 2025/10-3000-09 100-3121-57101- 405.24 12776 2025/10-3000-10 100-3121-57101- 314.18 12777 2025/10-3000-11 100-1401-57101- 296.92 12766 2025/10-7000-66 100-1401-55103- -110.00 12767 2025/10-3000-01 100-3011-55104- 50.73 12768 2025/10-3000-02 100-3011-55104- 133.55 12769 2025/10-3000-03 100-3011-53199- 27.99 12770 2025/10-3000-04 100-3011-56301- 191.48 12771 2025/10-3000-05 100-3123-57101- -36.00 12760 2025/10-7000-60 100-7203-53201- 296.29 12761 2025/10-7000-61 100-7203-53201- 612.47 12762 2025/10-7000-62 100-7203-53201- 366.88 12763 2025/10-7000-63 100-7203-53201- 61.27 12764 2025/10-7000-64 100-1201-55999- 1,185.20 12765 2025/10-7000-65 100-1401-55103- 460.00 12754 2025/10-7000-54 100-7203-53201- 328.62 12755 2025/10-7000-55 100-7203-53201- 61.29 12756 2025/10-7000-56 100-7203-53201- 208.53 12757 2025/10-7000-57 100-7203-53201- 96.98 12758 2025/10-7000-58 100-7203-53201- 221.66 12759 2025/10-7000-59 100-7203-53201- 87.21 12748 2025/10-7000-48 100-7203-53201- 137.68 12749 2025/10-7000-49 100-7203-53201- 266.06 12750 2025/10-7000-50 100-7203-53201- 165.57 12751 2025/10-7000-51 100-7203-53201- 142.60 12752 2025/10-7000-52 100-7203-53201- 340.40 12753 2025/10-7000-53 100-7203-53201- 74.09 12741 2025/10-7000-41 100-7203-53201- 298.80 12742 2025/10-7000-42 100-7203-53201- 105.06 12743 2025/10-7000-43 100-7203-53201- 6.57 12744 2025/10-7000-44 100-7203-53201- 96.93 12745 2025/10-7000-45 100-7203-53201- 37.20 12746 2025/10-7000-46 100-7203-53201- 165.88 12735 2025/10-7000-35 100-7203-53201- 111.93 12736 2025/10-7000-36 100-7203-53201- 53.82 12737 2025/10-7000-37 100-7203-53201- 66.21 12738 2025/10-7000-38 100-7203-53201- 46.19 12739 2025/10-7000-39 100-7203-53201- 49.75 12740 2025/10-7000-40 100-7203-53201- 184.22 12729 2025/10-7000-29 100-7203-53201- 49.05 12730 2025/10-7000-30 100-7203-53201- 74.57 12731 2025/10-7000-31 100-7203-53201- 104.10 12732 2025/10-7000-32 100-7203-53201- 297.81 89 City of Orange

AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 13:47
User: jmendez
Program ID: apchkrcn

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FOR CASH ACCOUNT: 998-0000-10000- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 12733 2025/10-7000-33 100-7203-53201- 21.86

DOC INVOICE NO ACCOUNT AMOUNT 12734 2025/10-7000-34 100-7203-53201- 45.15 12723 2025/10-7000-23 100-7203-57101- 10.00 12724 2025/10-7000-24 100-7203-57101- 10.00 12725 2025/10-7000-25 100-7203-53102- 872.57 12726 2025/10-7000-26 100-7203-53201- 577.52 12727 2025/10-7000-27 100-7203-53201- 215.41 12728 2025/10-7000-28 100-7203-53201- 80.78 12717 2025/10-7000-17 100-7203-53201- 85.93 12718 2025/10-7000-18 100-7203-53201- 87.15 12719 2025/10-7000-19 100-7203-53201- 112.76 12720 2025/10-7000-20 100-7203-53201- 64.64 12721 2025/10-7000-21 100-7203-57101- 10.00 12722 2025/10-7000-22 100-7203-57101- 10.00 12711 2025/10-7000-11 100-7203-53201- 1,535.31 12712 2025/10-7000-12 100-7203-53201- 7.66 12713 2025/10-7000-13 100-7203-53201- 65.57 12714 2025/10-7000-14 100-7203-53201- 102.31 12715 2025/10-7000-15 100-7203-53201- 225.98 12716 2025/10-7000-16 100-7203-53201- 64.63 12705 2025/10-7000-05 100-7203-53201- 231.62 12706 2025/10-7000-06 100-7203-53201- 96.87 12707 2025/10-7000-07 100-7203-53201- 153.81 12708 2025/10-7000-08 100-7203-53201- 211.89 12709 2025/10-7000-09 510-7201-84101- 700.38 12710 2025/10-7000-10 100-7203-53201- 95.96 12699 2025/10-6000-15 100-6301-53102- 142.23 12700 2025/10-6000-16 100-6301-57104- 50.00 12701 2025/10-7000-01 100-7203-53201- 62.24 12702 2025/10-7000-02 100-7203-53201- 166.67 12703 2025/10-7000-03 100-7203-53201- 432.86 12704 2025/10-7000-04 100-7203-53201- 260.54 12693 2025/10-6000-09 100-6001-53101- 144.70 12694 2025/10-6000-10 310-6410-55103- 324.77 12695 2025/10-6000-11 100-6001-55105- 26.00 12696 2025/10-6000-12 232-6401-80201- 23.50 12697 2025/10-6000-13 310-6410-57101- 119.99 12698 2025/10-6000-14 100-6001-55105- 50.00 12687 2025/10-6000-03 100-6201-57101- 240.00 12688 2025/10-6000-04 100-6201-57101- 240.00 12689 2025/10-6000-05 100-6103-57101- 993.00 12690 2025/10-6000-06 100-6301-53101- 29.10 12691 2025/10-6000-07 100-6001-53101- 139.00 12692 2025/10-6000-08 100-6001-53101- -139.00 12681 2025/10-0201-04 100-1201-53199- 93.74 12682 2025/10-0201-05 100-1201-53199- 26.00 12683 2025/10-0201-06 100-1201-53199- 37.69 12684 2025/10-0201-07 100-1218-55104- 761.44 12685 2025/10-6000-01 210-6001-55105- 69.99 90 City of Orange

AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 13:47
User: jmendez
Program ID: apchkrcn

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FOR CASH ACCOUNT: 998-0000-10000- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 12686 2025/10-6000-02 100-6201-57101- 240.00

DOC INVOICE NO ACCOUNT AMOUNT 12675 2025/10-0401-15 100-1502-55105- .99 12676 2025/10-0401-16 100-1502-55105- .99 12677 2025/10-0401-17 100-1502-55105- -.99 12678 2025/10-0201-01 100-1201-53199- 16.15 12679 2025/10-0201-02 100-1201-53199- 3.00 12680 2025/10-0201-03 100-1201-53199- 6.45 12669 2025/10-0401-09 100-1502-53101- 5.38 12670 2025/10-0401-10 100-1501-50999- 49.55 12671 2025/10-0401-11 100-1502-55105- 23.40 12672 2025/10-0401-12 100-1502-53101- 12.48 12673 2025/10-0401-13 100-1502-53101- 26.00 12674 2025/10-0401-14 100-1502-55105- .99 12663 2025/10-0401-03 100-1502-57101- 1,350.00 12664 2025/10-0401-04 100-0000-53104- 53.20 12665 2025/10-0401-05 100-1502-53101- 12.92 12666 2025/10-0401-06 100-1502-55105- 14.00 12667 2025/10-0401-07 100-1502-55105- 16.15 12668 2025/10-0401-08 100-1502-53101- 10.73 FOR CASH ACCOUNT: 998-0000-10000- FOR: All CHECK # CHECK DATE TPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DAT 10222025 10/22/2025 WIRE 004255 US BANK NATIONAL ASSOC ND 8,040.81 10861 2025/10-4000 100-4011-57101- 323.85 10861 2025/10-4000 100-4121-53199- 300.94 10861 2025/10-4000 100-4134-53199- 89.43 10861 2025/10-4000 100-4213-53101- 32.31 10861 2025/10-4000 100-4011-56201- 165.99 10861 2025/10-4000 100-4011-53199- 371.13 10861 2025/10-4000 100-4011-55999- 478.09 10861 2025/10-4000 100-4212-53199- 67.20 10861 2025/10-4000 100-4011-53102- 188.25 10861 2025/10-4000 100-4121-53101- 51.49 10861 2025/10-4000 100-4011-57101- 3,554.33 10861 2025/10-4000 100-4011-57101- 1,672.16 10861 2025/10-4000 100-4001-53199- 91.69 10861 2025/10-4000 100-4133-57101- 653.95

DOC INVOICE NO ACCOUNT AMOUNT 91 City of Orange

AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 13:47
User: jmendez
Program ID: apchkrcn

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UNCLEARED CLEARED
4 CHECKS CASH ACCOUNT TOTAL 7,312,522.76 . 0 0
5588 01/28/2026 WIRE 000299 ORANGE COUNTY WATER DISTR 7,106,160.60

DOC INVOICE NO ACCOUNT AMOUNT 12628 Pump Tax July-Dec 25 600-5802-53105- 7,106,160.60 12826 01/28/2026 WIRE 000384 SOUTHERN CALIF EDISON CO 116,022.61 13219 01/28/26 100-0000-56205- 62,961.24 13219 01/28/26 601-5301-56205- 175.15 13219 01/28/26 600-5802-56205- 52,866.50 13219 01/28/26 600-5802-56205- 19.72 92 City of Orange

AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 14:05
User: jmendez
Program ID: apchkrcn

Page 12 ends

UNCLEARED CLEARED
138 CHECKS FINAL TOTAL 8,363,622.53 .00 ** END OF REPORT - Generated by Jocelin Mendez **
93 Date:

Date:

TOTAL AMOUNT (CHECKS & DIRECT DEPOSIT) :

Total Employees Paid:

Trang Nguyen,
Finance Director
Comments:

Pamela Coleman,
City Clerk
Requestor Signature:

In accordance with Government Code Section 37202, I hereby certify and attest that the referenced demand conforms with the approved budget. I also certify and attest to the accuracy of the demands and the availability of funds for payment thereof.

Please review and approve before:

Comments:

Total Vendors Paid :

City of Orange
Finance Department - PAYROLL

PAYROLL WARRANT INFORMATION
PAY PERIOD:

PAYCHECK DATE:
94 Date:

Date:

TOTAL AMOUNT (CHECKS & DIRECT DEPOSIT) :

Total Employees Paid:

Trang Nguyen,
Finance Director
Comments:

Pamela Coleman,
City Clerk
Requestor Signature:

Please review and approve before:

Comments:

Total Vendors Paid :

City of Orange
Finance Department - PAYROLL

PAYROLL WARRANT INFORMATION
PAY PERIOD:

PAYCHECK DATE:
95 Date:

Date:

TOTAL AMOUNT (CHECKS & DIRECT DEPOSIT) :

Total Employees Paid:

Trang Nguyen,
Finance Director
Comments:

Pamela Coleman,
City Clerk
Requestor Signature:

Please review and approve before:

Comments:

Total Vendors Paid :

City of Orange
Finance Department - PAYROLL

PAYROLL WARRANT INFORMATION
PAY PERIOD:

PAYCHECK DATE:
96 Agenda Item
Orange City Council
Item #: 3.3. 2/10/2026 File #: 26-0005
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meetings held on January 13 and January 27, 2026.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· January 13, 2026 - Regular Meeting minutes
· January 27, 2026 - Regular Meeting minutes
City of Orange Printed on 2/5/2026Page 1 of 1
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97 Agenda Item
Orange City Council
Item #: 3.3. 2/10/2026 File #: 26-0005
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meetings held on January 13 and January 27, 2026.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· January 13, 2026 - Regular Meeting minutes
· January 27, 2026 - Regular Meeting minutes
City of Orange Printed on 2/5/2026Page 1 of 1
powered by Legistar™
98 City of Orange
Orange City Council
January 13, 2026

MINUTES
The City Council of the City of Orange, California convened on Tuesday, January 13, 2026, at 5:00 p.m. in a joint Regular Meeting with the Successor Agency to the Orange Redevelopment Agency 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 5:01 p.m.

1.1 ROLL CALL

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

Absent: None

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Public Comments
Megan Penn, Executive Director, Orange Home Grown, spoke in favor of fair negotiations for the properties on Cypress Street.

Glory Johnson, President, Orange Home Grown, discussed potential plans should the group acquire the properties on Cypress.

Sharon Zimmerman highlighted potential opportunities for Orange Home Grown.

Robert Boice spoke in support of fair negotiations with Orange Home Grown.

Diana Zdenek spoke in support of fair negotiations with Orange Home Grown.

Annalisa Goode spoke in support of fair negotiations with Orange Home Grown.

Written Comments
Kath Voss submitted an ecomment in favor of fair negotiations for the properties on Cypress Street.

Renee Canuso submitted an ecomment in favor of fair negotiations for the properties on Cypress Street.

Emily Atwood submitted an ecomment in favor of fair negotiations for the properties on Cypress Street.

Christine Clarke submitted an ecomment to express appreciation for efforts by Orange Home Grown to support the community.

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99 Orange City Council Minutes January 13, 2026

ITEM TO BE ADDED TO CLOSED SESSION AGENDA
In accordance with Government Code Section 54954.2(b)(2), City Attorney Adourian requested an urgency item be added on the Closed Session agenda as there is a need to take immediate action and the need for action came to the attention of the City subsequent to the agenda being posted.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9. ( One potential case)
A motion was made by Councilmember Tavoularis, seconded by Councilmember Gutierrez to add an urgency item to Closed Session, Conference with Legal Counsel - Anticipated Litigation. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:16 p.m. with all members present to discuss the following including the urgency item added earlier:
a. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)1.

Title: Fire Chief
b. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6.

City Negotiator: Jarad Hildenbrand, City Manager; Cody Kleen, Acting Human Resources Director
Employee Organizations: Top Management, Orange Management Association, Orange Municipal Employees’ Association, and International Brotherhood of Electrical Workers (IBEW) Local 47 (Maintenance and Crafts and Water Division ), Orange City Firefighters, Orange Fire Management Association, City of Orange Police Association, City of Orange Police Management Association
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property Location: 171 & 177 North Cypress Street, Orange, CA 92866 APN 039-172-04 and APN 039-172-03
Agency Negotiator: Jarad Hildenbrand, City Manager
Negotiating Parties: Orange Home Grown Foundation, Inc.

Under Negotiation: Price and terms of payment
d. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9. ( One potential case)

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Orange City Council Minutes January 13, 2026

4. CLOSED SESSION REPORT
None.

5. ADJOURNMENT
Closed Session was adjourned at 6:22 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the joint meeting of the City Council and Successor Agency to the Orange Redevelopment Agency to order at 6:26 p.m.
(Note: Hereinafter the titles of Mayor, Mayor pro tem, Councilmember, City Attorney, and City Clerk shall be used to indicate Mayor /Chair, Mayor pro tem /Vice Chair, Councilmember /Agency Member, City/Agency Attorney, City Clerk/Agency Secretary.)

1.1 INVOCATION
Provided by Rabbi Elizer Gurary from Chabad at Chapman University.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.

1.3 ROLL CALL

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

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Introduction of Miss Orange 2026 contestants

1.5 REPORT ON CLOSED SESSION ACTIONS
None.

2. PUBLIC COMMENTS
Public Comments
Dick Reed, IBOW Representative, spoke about upcoming negotiations with labor groups.

Greg Arrowsmith highlighted community outreach programs in Orange, Texas.

Josh B encouraged the Council to consider competitive wages to retain a qualified workforce.

Reggie Mundekis suggested steps the City could take to address the structural deficit.

Mel Vernon spoke against federal immigration actions in the country.

Craig Attanasio encouraged Council to advocate safety in all communities.

Paul Sargeant discussed how Orange Home Grown supports the community.

Mary Oberschlake encouraged Council to advocate safety in all communities.

Megan Penn encouraged continued support for Orange Home Grown.

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Orange City Council Minutes January 13, 2026
Doug Turner discussed the Education Farm hosted by Orange Home Grown.

Nikki Patino appreciates City support of the weekly Farmer's Market hosted by Orange Home Grown.

Jordan Robles appreciates efforts by Orange Home Grown to support the community.

Richelle Kalman appreciates efforts by Orange Home Grown to support the community.

Suzanne Tani spoke on the importance of community outreach for compliance with new solid waste laws.

Written Comments
Janice Brownfield encouraged reusing any type of grocery bag as many times as possible to reduce the impact on the environment.

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.

ACTION: Approved.

3.2. Confirmation of accounts payable warrant registers dated December 4, 10, and 18, 2025 and payroll check warrants dated December 5 and 19, 2025.

ACTION: Ratified the accompanying registers.

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on December 09, 2025.

ACTION: Approved minutes as presented.

3.4. Agreement with Bucknam Infrastructure Group, Inc for Pavement Management Consulting Services for Fiscal Year 2025-2026 through Fiscal Year 2029-2030.

Item 3.4 was removed from the Consent Calendar for separate consideration by Councilmember Gyllenhammer.

Responding to Council inquiry, Director of Public Works Chris Cash confirmed the PCI has remained consistent due to consistent funding.

ACTION: A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Dumitru to approve the agreement with Bucknam Infrastructure Group, Inc in the amount of $ 139,067.00 for Pavement Management Consulting Services; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

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Orange City Council Minutes January 13, 2026

3.5. Agreement with the City of Anaheim for the administration of the 2024 Fiscal Year Urban Areas Security Initiative Grant Program.

Note: Councilmember Dumitru abstained from the vote on this item due to a potential conflict of interest with employment.

ACTION: Approved the agreement with the City of Anaheim for the administration of the 2024 Urban Areas Security Initiative Grant Program; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.6. Agreement with the State of California Department of Justice to participate in and receive funding from the Tobacco Grant Program from November 21, 2025, through June 30, 2029. Resolution No. 11652.

ACTION: 1) Approved agreement with the State of California Department of Justice to participate in and receive funding in the amount of $ 301,440 for the Tobacco Grant Program and authorized the City Manager to execute on behalf of the City. 2) Adopted Resolution No. 11652. A Resolution of the City Council of the City of Orange accepting funds in the amount of $ 301,440 from the State of California Department of Justice, Office of Attorney General, Tobacco Grant Program, and authorizing the City Manager or Community Development Director to execute the grant program Memorandum of Understanding and related documents. 3) Authorized the appropriation of $ 70,253 in grant funds from the State of California Department of Justice into revenue account number 499-6301-43201 - Tobacco Grant.

4. Authorized the appropriation of $70,253 into the following expenditure accounts. a. 499-6301-51002 Regular Salaries - Tobacco Grant $41,501 b. 499-6301-51004 Overtime - Tobacco Grant $19,799
c. 499-6301-57101 Travel and Conference - Tobacco Grant $5,608 d. 499-6301-53101 General Office Supplies, and Equipment - Tobacco Grant $3,345

3.7. Second Amendment to Attorney Services Agreement with Bordin Semmer, LLP to provide legal services relating to litigation defense in the matter of Brandon Jacob Hull v. City of Orange, et al.

ACTION: Approved a Second Amendment to Attorney Services Agreement with Bordin Semmer, LLP in the amount of $ 250,000; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.8. Approval of plans and specifications for Replacement of Rolling Garage Doors at Fire Station 7 and Corporation Yard; authorization to advertise for bids; and finding of California Environmental Quality Act (CEQA) exemption.

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

Staff confirmed the locations scheduled for replacement of rolling garage doors.

ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer to:
1) Approve the plans and specifications and authorize advertising for Bid No. 25-26.12, Replacement of Rolling Garage Doors at Fire Station 7 and Corporation Yard (SP-4321)

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

The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.9. Appropriation of an amount not to exceed $ 1,500,000 from the Emergency Transport fund to the California Department of Health Care Services for participation in a one -time Public Provider Ground Emergency Medical Transportation Intergovernmental Transfer Program.

ACTION: Authorized the appropriation from the Emergency Transport Fund (225) for an amount not to exceed $ 1,500,000 to the California Department of Health Care Services, along with a $ 150,000 assessment fee to the California Department of Health Care Services for managing the Public Provider Ground Emergency Medical Transportation program, payable in quarterly Intergovernmental Transfers.

3.10. Agreements with C 3 Office Solutions, LLC, dba C 3 Tech for copier lease and managed print services. (Continued from December 9, 2025) ACTION: 1) Approved the agreement with C 3 Office Solutions, LLC as supplier and Wells Fargo Bank, National Association as lessor in the amount of $ 39,030.24 for copier equipment leasing; and authorized the Mayor and City Clerk to execute on behalf of the City.
2) Approved the agreement with C 3 Office Solutions, LLC dba C 3 Tech for managed print services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.11. Approval of temporary street closures for approved special events. Resolution No.11654.

ACTION: 1) Adopted Resolution No .11654. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.
2) Approved closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in calendar year 2026.

SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY

3.12. Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2026, through June 30, 2027; and last and final Recognized Obligation Payment Schedule for Fiscal Year 2026-37. Resolution No. SAORA-039 and Resolution No .

SAORA-040.
1) Adopted Resolution No. SAORA-039. A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule (ROPS) for the fiscal period covering July 1, 2026, through June 30, 2027, pursuant to Health and Safety Code Section 34177 and taking certain related actions.
2) Directed staff to transmit Fiscal Years 2026-27 ROPS and related Administrative

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Budgets to the Orange Countywide Oversight Board of the Successor Agency to the Orange Redevelopment Agency.
3) Adopted Resolution No. SAORA-40. A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving the Last and Final Recognized Obligation Payment Schedule for the Fiscal Period from July 1, 2026, through June 30, 2027, subject to submittal to, and review by the Orange Countywide Oversight Board and the State Department of Finance pursuant to Dissolution Law, authorizing the posting and transmittal thereof.
4) Directed staff to transmit Last and Final ROPS to the Orange Countywide Oversight Board of the Successor Agency to the Orange Redevelopment Agency.

Approval of the Consent Calendar
Items 3.4 and 3.8 were removed from the Consent Calendar and heard separately .

Councilmember Dumitru abstained on Item 3.5. All other items were approved as recommended.

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

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

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

4. REPORTS FROM MAYOR SLATER

4.1. Orange Sustainability Group Update
Jake Comer provided an update on the activities of the Orange Sustainability Group and suggested finding economical ways to implement portions of the Sustainability Plan.

Public Comments
Susan Keefe spoke on the importance of community outreach for compliance with new solid waste laws.

Written Public Comment
Vickie Laughlin submitted an ecomment encouraging the City to be a leader in reducing the use of plastics.

RECESS: The City Council recessed at 7:27 p.m. and reconvened at 7:43 p.m. with all members present.

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following business: Better Buzz Coffee She announced the inaugural Santiago Creek Community Bike Ride would take place

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January 17.

5.2. Other Councilmember Reports
Councilmember Barrios received consensus to direct staff to report on a drone program to locate illegal fireworks. She suggested adjourning the meeting in honor of Renee Good.

Councilmember Tavoularis accounced an adopt -a street- clean up through Trinity Church on January 17. She received consensus to direct staff to report on becoming a charter city.

6. AB 1234 REPORTS
None.

7. REPORTS FROM CITY MANAGER
None.

Item 9.1 was reordered and heard before Item 8.1.

ADMINISTRATIVE REPORTS

9.1. Dirt hauling permit for the development of Tract 18163, currently owned by Milan REI X, LLC.

Entered into the record: Correspondence received from the LEA (OC Health Care Agency) referencing concurrence with the Regional Water Quality Control Board's approval of a workplan to relocate Stockpile "H".

City Manager Hildenbrand briefly reviewed the history of the project, the conditions of approval and the objective feasibility determination. Traffic Engineer Larry Tay reviewed a Powerpoint presentation.

Public Speakers
Kelly Herbeck spoke in opposition to a haul route going through the Mabury Ranch community.

Adam Howard spoke in opposition to a haul route going through the Mabury Ranch community.

Dru Whitefeather suggested additional regulatory approvals were needed for a haul route.

Nathan Swanek spoke in opposition to a haul route going through the Mabury Ranch community.

Dan Swolsh spoke in opposition to a haul route going through the Mabury Ranch community.

Robert Frackelton, Villa Park Mayor Pro Tem, asked to continue the item so the City of Villa Park can be included in conversations about the project.

Jordan Wu, Villa Park Mayor, asked that Milan consult directly with Villa Park when intending to frequently travel roads located in Villa Park to complete a project.

Charles Curry expressed safety concerns with the proposed hauling routes.

Bonnie Robinson spoke in opposition to a haul route going through the Mabury Ranch

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community.

Kirk McMullin spoke in opposition to a haul route going through the Mabury Ranch community.

Toula Thompson spoke in opposition to a haul route going through the Mabury Ranch community.

Reggie Mundekis highlighted the safeguards in place for all hauling routes and encouraged approval of the permit.

Written Public Comments
Joel Robinson emailed to highlight the environmental impacts of the development and encouraged denying the hauling permit.

Laura Thomas emailed to express safety concerns and encouraged approval of a hauling route that utilizes Santiago Canyon Road.

Ron Priddy submitted an ecomment in opposition to a haul route going through the Mabury Ranch community.

Ilyse Davidoff submitted an ecomment in opposition to a haul route going through the Mabury Ranch community.

City Attorney Adourian confirmed the issuance of the permit is ministerial in nature.

Mr. Tay confirmed the City has approved the traffic control plan submitted by the applicant.

In response to Council inquiry, Chris Nicholson, President of Milan, agreed to match the cash bond provided to Orange for the City of Villa Park to ensure any necessary pavement rehabilitation.

Daniel Boyd, Vice -President, D .R. Horton, spoke about the company's history of building in south Orange County and the importance of adhering to local regulations in order to maintain a relationship with the community. He confirmed the hauling route through Mabury Ranch is a contingency.

Staff was directed to add a specific module to the Orange 24/7 app related to any problems with the project.

A motion was made by Councilmember Dumitru, seconded by Mayor Pro Tem Bilodeau, to approve the hauling operation, route, and conditions established during City Council discussion including matching provisions to the City of Villa Park and adding a separate module on the Orange 24/7 app; and authorize staff to issue a haul permit and approve minor adjustments, including, but not limited to, extending the duration, if necessary. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

RECESS: The City Council recessed at 9:13 p.m. and reconvened at 9:24 p.m. with all members present.

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8. PUBLIC HEARINGS

8.1. Public Hearing to consider revision of the Master Schedule of Fees and Charges to adopt revised administrative fees as a result of the Cost Allocation Plan and User Fee Study.

Staff received direction to eliminate the Aviation Facility Fee and to ensure the False Alarm Fees for Fire and Police mirror each other.

Mayor Slater opened the Public Hearing at 9:36 p.m.; there being no public speakers, Mayor Slater closed the Public Hearing at 9:36 p.m..

A motion was made by Councilmember Dumitru, seconded by Mayor Pro Tem Bilodeau, to adopt Resolution No .11653. A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges for various services. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

9. ADMINISTRATIVE REPORTS

9.1. Dirt hauling permit for the development of Tract 18163, currently owned by Milan REI X, LLC.

This item was previously reordered and heard before Item 8.1.

Item 9.3 was reordered and heard before Item 9.2.

9.3. Approval of speed cushion installation on Maple Avenue between Main Street and Batavia Street.

City Traffic Engineer Larry Tay reviewed a Powerpoint presentation.

Public Speakers
Lindsay Zothneck, Alicia Perez, Phil Christian, Gigi Case, Bill Gallagher, Lorraine Gonzales and Paige Thompson spoke in favor of approval.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to: 1) Approve the installation of speed cushions on Maple Avenue between Main Street and Batavia Street; and 2) Direct staff to conduct a before -and-after study as part of a pilot program.

The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

9.2. Approval of dedication agreement with Milan REI X, LLC; and acceptance of the dedication of 30.75 acres of open space to the City of Orange from Milan REI X, LLC. Resolution No. 11649.

Public Works Director Chris Cash gave a brief presentation.

Public Speakers

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Adrienne Gladson highlighted the benefit of increasing open space in the City.

Theresa Sears spoke in support of the dedication agreement.

A motion was made by Councilmember Barrios, seconded by Councilmember Gyllenhammer, to:
1) Adopt Resolution No. 11649. A Resolution of the City Council of the City of Orange accepting a dedication from Milan REI X, LLC of a 30.75 acres parcel (parcel map no . 2021-187 parcel no. 2) (APNs 370-141-19. 370-041-12, 370-011-08, 370-011-18, 093-280-30, 370-213-01, and 370-011-21) for inclusion in the City's open space reserve.
2) Approve dedication agreement with Milan REI, LLC which dedicates 30.75 acres of land to the City to be used for open space purposes; and authorize the Mayor and City Clerk to execute on behalf of the City.
3) Authorize the City Manager to approve additional agreements and /or easements related to this dedication.

The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

9.3. Approval of speed cushion installation on Maple Avenue between Main Street and Batavia Street.

This item was previously reordered and heard before Item 9.2.

9.4. Authorize the lease -purchase of a Pierce Enforcer Urban Search and Rescue apparatus through the Houston -Galveston Area Council HGACBuy Cooperative Purchasing Program, Contract No. FS 12-23.

Responding to Council inquiry, staff confirmed the delivery schedule of 3-4 years for the apparatus.

A motion was made by Councilmember Dumitru, seconded by Councilmember Barrios, to:
1) Approve the lease -purchase agreement with PNC Bank in the amount of $2,171,284.64 for financing for the purchase of one Pierce Enforcer Urban Search and Rescue apparatus; and authorize the Mayor and City Clerk to execute on behalf of the City.
2) Approve the lease -purchase of one Pierce Enforcer Urban Search and Rescue apparatus from South Coast Fire Equipment for $2,171,284.64. 3) Authorize the appropriation of $ 434,257 from Vehicle Replacement (720) unreserved fund balance to: 720-5401-80301 - Vehicle Capitalization The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

9.5. Agreement with Townsend Public Affairs, Inc. for legislative advocacy and grant writing services.

Mayor Slater requested Townsend present a quarterly, in person update at a public meeting.

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Elisa Arcidiacono, Senior Associate and Jake Leischner, Associate, reviewed a Powerpoint presentation and addressed Council questions regarding regulations affecting local control and grant opportunities.

A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to approve a three -year professional services agreement with Townsend Public Affairs, Inc. in the amount of $ 333,000 for legislative advocacy and grant writing services; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

10. LEGAL AFFAIRS

10.1. Introduction and First Reading of Ordinance No. 20-25 amending various sections of Chapter 3.08 of the Orange Municipal Code relating to the City ’s purchasing system. (Continued from December 9, 2025)
A motion was made by Councilmember Gutierrez, seconded by Mayor Pro Tem Bilodeau, to introduce and conduct First Reading of Ordinance No. 20-25. An Ordinance of the City Council of the City of Orange amending various sections of Orange Municipal Code Chapter 3.08. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

10.2. Introduction and First Reading of Ordinance No. 01-26 adding Chapter 9.45 to the Orange Municipal Code prohibiting the sale and distribution of kratom products.

Code Compliance Manager Rafael Perez reviewed a powerpoint presentation and confirmed kratom does not have a recognized use in the medical community.

Public Speakers
Allison Smith requested access to natural kratom be permitted.

Stephen McIntosh requested access to natural kratom be permitted.

Written Public Comments
Venus Usher submitted an ecomment opposing an outright ban and suggesting reasonable regulation.

Allisun Sturges submitted an ecomment opposing an outright ban and suggesting reasonable regulation.

Jennifer Gillis submitted an ecomment highlighting benefits of natural kratom and suggested banning synthetic 7-OH products.

Esdie Rowell submitted an ecomment highlighting benefits of natural kratom and suggested banning synthetic 7-OH products.

Abdullah Mamun submitted an ecomment highlighting benefits of natural kratom and suggested banning synthetic 7-OH products.

Misty Brown submitted an ecomment highlighting benefits of natural kratom and is opposed to an outright ban.

Devin Chase, President, California Narcotic Officers' Association, submitted a letter in support of banning synthetic 7-OH products and regulations for natural kratom sales.

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The Council engaged briefly with Ms. Smith for more information about kratom uses.

A motion was made by Councilmember Barrios, seconded by Councilmember Gyllenhammer, to introduce and conduct First Reading of Ordinance No. 01-26. An Ordinance of the City Council of the City of Orange adding Chapter 9.45 of the Orange Municipal Code prohibiting the sale and distribution of kratom products. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

11. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:41 p.m. in memory of Renee Good of Minneapolis, Minnesota.

The next Regular City Council meeting will be held on Tuesday, January 27, 2026, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

____________________ ____________________ JENNIFER CONNALLY DANIEL R. SLATER

DEPUTY CITY CLERK MAYOR

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Orange City Council
January 27, 2026

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, January 27, 2026, 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: Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, 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 5:04 p.m. with all Members present to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) – One case Name of Case: John Nelson, et al. v. City of Orange
Orange County Superior Court Case No. 30-2025-01531627
b. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6.

City Negotiator: Jarad Hildenbrand, City Manager; Monica Espinoza, Human Resources Director; Cody Kleen, Assistant Human Resources Director Employee Organizations: Top Management, Orange Management Association, Orange Municipal Employees’ Association, and International Brotherhood of Electrical Workers (IBEW) Local 47 (Maintenance and Crafts and Water Division ), Orange City Firefighters, Orange Fire Management Association, City of Orange Police Association, City of Orange Police Management Association

4. CLOSED SESSION REPORT
None

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5. ADJOURNMENT
Closed Session was adjourned at 6:05 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:07 p.m.

1.1 INVOCATION
Given by Pastor John Manzewitsch from Grace at the Circle.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.

1.3 ROLL CALL

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

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Orange Police Department Presentation of Life Saving Medal to Corporal Greggory Cates.

Orange High School Student Liaison Jacob Gonzalez provided Council with a brief update on school happenings.

El Modena High School Student Liaison Dylan Platfoot provided Council with a brief update on school happenings.

Orange Public Library Foundation Presentation to the Orange Public Library.

Proclamation honoring City of Orange Fire Chief Sean deMetropolis for more than 30 years of dedicated service.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Greg Arrowsmith spoke about fraud in California.

Reggie Mundekis thanked City staff for recent street repairs and commented on the need for increased revenue to maintain a standard of living in the City.

Michael Ristig referenced an article regarding federal immigration issues.

Mary Oberschlake spoke about federal immigration issues.

Kimberly O'Neill spoke about the need for accountability related to recent fatal incidents in Minnesota.

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Mel Vernon spoke about violence surrounding federal immigration issues.

Grace Hills spoke about pedestrian safety issues in the Plaza and at the traffic light on Almond and Maple.

Written Public Comments
Janice Brownfield emailed about the importance of Santiago Creek and surrounding trails.

Leslie Manderscheid submitted an eComment about including fiscal impact information on the agenda.

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

ACTION: Approved.

3.2. Agreement with Hinderliter, DeLlamas & Associates for Tax Administration Services.

ACTION: Approved the agreement with Hinderliter, De Llamas & Associates for the Business License Administration and Discovery & Compliance, Transient Occupancy Tax Administration and Audit, and Short -Term Rental Administration Services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.3. Appropriation of $ 5,000 in designated donation funding received from the Orange Public Library Foundation.

ACTION: 1) Accepted into the City ’s General Fund (100) revenue budget $ 5,000 in donation funds from the Orange Public Library Foundation to:
100-2101-48101-262102-48 Donations
2) Authorized the appropriation of $5,000 to General Fund (100):
100-2101-53101-262106-20 Operating Materials & Supplies Literacy Program

3.4. Appropriation of $ 10,000 in designated donation funding received from Carnegie Corporation of New York.

ACTION: 1) Accepted into the City ’s General Fund (100) revenue budget $ 10,000 in donation funds from Carnegie Corporation of New York to:
100-2101-48101-262103-48 Donations
2) Authorized the appropriation of $10,000 to General Fund (100):
100-2101-80101-262103-20 Furniture, Fixtures & Equipment

3.5. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections of Orange Municipal Code Chapter 3.08.

Ordinance No. 20-25.

ACTION: Adopted Ordinance No. 20-25.

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3.6. Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 9.45 of the Orange Municipal Code prohibiting the sale and distribution of kratom products. Ordinance No. 01-26.

A speaker card was submitted for Item 3.6; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speakers:

Abdullah Mamon spoke in opposition of adoption and recommended further review before approval.

Christina Bramson spoke in opposition of adoption.

Written Public Comments
The following submitted eComments opposing adoption of the ordinance as currently written: Mariana Otero, Paul Todisco, Jordan Richard, Bunny Baker, Christopher Deaney, Anthony Rosa, Lora Romney, Michelle Eagan -White, Jeff Michaels, Justin Wolf, David Woolf, Marcelle, Stephen McIntosh, Jennifer Gillis, and Misty Brown.

The following submitted eComments in support of adopting the ordinance: DeNae Jones, Dan Gibbs, Susan Cave, Susan Eppard, Holly Trouville, Tia, and Wendy Chamberlain.

During discussion, staff confirmed there currently are no regulations in California for any form of kratom.

ACTION: A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Tavoularis, to adopt Ordinance No. 01-26. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.7. City Traffic Commission Activity Report for 2025.

ACTION: Received and filed.

3.8. Adoption of a finding of exemption from the California Environmental Quality Act for a grant application package submitted by the Orange County Water District for the City of Orange Well 29 per- and polyfluoroalkyl substances Treatment Plant Project. Resolution No. 11655.

ACTION: Adopted Resolution No. 11655. A Resolution of the City Council of the City of Orange adopting the exemption from the California Environmental Quality Act (CEQA) for Well 29 PFOA and PFOS Treatment Plants Construction and Operation.

Approval of the Consent Calendar
Item 3.6 was 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:

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Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

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

4. REPORTS FROM MAYOR SLATER
None

5. REPORTS FROM COUNCILMEMBERS
Councilmember Gutierrez spoke about recent incidents involving federal immigration agencies, and thanked Orange Police Department for allowing residents to protest peacefully. She requested the Council adjourn the meeting in memory of Alex Pretti.

6. AB 1234 REPORTS
None

7. REPORTS FROM CITY MANAGER

7.1. Open Finance Transparency Platform Presentation
City Manager Hildenbrand introduced the item. Finance Director Trang Nguyen provided a brief presentation showcasing the new finance transparency platform that will be live on the City's website in a few weeks.

8. ADMINISTRATIVE REPORTS

8.1. Discussion of potential traffic modifications and safety enhancements to the Orange Plaza.

Larry Tay provided a staff report utilizing a PowerPoint presentation.

Public Speaker:

Reggie Mundekis spoke in support of adding bollards and any other physical barriers.

Council discussed adding enhanced bollards and modifying the lighting in the Plaza to protect innocent life. They discussed phasing in other safety measures in the future such as splitter islands and raised crosswalks if funding becomes available.

A motion was made by Councilmember Barrios, seconded by Councilmember Gyllenhammer, to move forward with lighting adjustments and addition of bollards as recommended by staff. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Gyllenhammer, and SlaterAyes:

TavoularisNoes:

NoneAbsent:

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9. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:27 p.m. in Memory of Alex Pretti of Minneapolis, Minnesota.

The next Regular City Council meeting will be held on Tuesday, February 10, 2026, 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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Agenda Item
Orange City Council
Item #: 3.4. 2/10/2026 File #: 26-0022
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with AGA Engineers, Inc. for Traffic Engineering Services to validate and reestablish speed limits citywide based on the provisions of Assembly Bill 43.

2. SUMMARY
The California Vehicle Code requires that local agencies conduct engineering studies to periodically validate or establish non-statutory speed limits on certain roadways. State Assembly Bill 43 allows for more flexibility and local control in setting those speed limits. This agreement would allow the consultant to assist the city in performing the work necessary to exercise the provisions of the assembly bill and reduce speed limits on city streets.

3. RECOMMENDED ACTION
Approve the agreement with AGA Engineers, Inc. in the total amount of $150,000, representing the cost of traffic engineering services of $82,252, plus a 22% contingency of $17,748, plus $50,000 for the purposes of exercising Optional Task 5 as set forth in Exhibit A of the professional services agreement; and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $150,000 and will be funded through Transportation System (TSIP) (287):
287-5703-56999- Other Repair/Maint Services

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
Purpose
The California Vehicle Code (CVC) requires that local agencies conduct engineering studies to periodically validate or reestablish non-statutory speed limits on certain types of (non-local) roadways. These engineering studies are critical to ensure that posted speed limits are enforceable.

The City has a large network of arterial, secondary and collector streets with non-statutory posted speed limits. Approximately 186 roadway segments (speed zones) in the City require the periodic conduct of engineering and traffic surveys (E&TS) for speed limit validation. With many E&TS set to City of Orange Printed on 2/5/2026Page 1 of 3
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Item #: 3.4. 2/10/2026 File #: 26-0022
conduct of engineering and traffic surveys (E&TS) for speed limit validation. With many E&TS set to expire soon and AB 43 now in full effect, there is an opportunity to take advantage of the provisions of the legislation, including reducing posted speed limits and reducing the frequency of revalidation (and the staffing resources required to do so.)
State law dictates that speed surveys (effectively the speed at which motorists drive) determine a street’sposted speed limit, with limited ability to adjust downward based on local conditions. Prior to AB 43, streets also had to be resurveyed and revalidated every five to ten years. While the conduct of speed surveys will still be the basis of establishing non-statutory posted speed limits, AB 43 provides for more opportunities for downward speed adjustments, consideration of bicycle and pedestrian activity, and the designation of certain safety corridors - which are eligible for further speed reductions. Moreover, speed surveys can now be valid for up to 14 years if certain conditions are satisfied, reducing the frequency with which staff needs to conduct E&TS.

Procurement:

The City requested proposals for a consultant to prepare E&TS’s under the new state laws, recommend speed limits for each of the 186 speed zones citywide, and prepare a report. City staff issued a request for proposals (RFP) for traffic engineering services to qualified consultants on the City’s“bench”of on-call engineering consultants related to the project on December 9, 2025, with a submittal deadline of January 6, 2026. Three consultants submitted their proposals for consideration, all demonstrating qualifying experience.

A three-member selection committee was assembled to evaluate the consultants’proposals based on project understanding and approach, relevant experience, project schedule, and cost. After evaluation of the three proposals, the selection committee selected AGA Engineers, Inc. as the top firm. AGA Engineers, Inc.’sproposal consistently demonstrated their experience with citywide speed limit assessments for many neighboring cities. Additionally, the cost proposal for AGA Engineers, Inc. was the lowest of the proposals submitted by the three firms for both the base scope of work and optional supplemental tasks. City Staff verified the qualifications of the AGA Engineers, Inc., with references provided for similar projects and received positive responses.

Scope of Work:

The work scope includes conducting a citywide E&TS for all 186 speed zones. It covers comprehensive data collection, field reviews, and analysis to develop speed limit recommendations in full compliance with all applicable guidelines and recent changes in law, including AB 43. The proposal also includes identifying and applying AB 43 opportunities such as MUTCD-compliant Safety Corridors and bicycle and pedestrian generators and preparing a stamped engineers report.

Lastly, the proposal includes an Optional Task 5 to prepare signing and striping installation diagrams for any new signage and pavement markings in the field, if requested. Payment for Optional Task 5 will be made according to the actual cost of services requested (number of diagrams) by the City.

Staff recommends award of the agreement to AGA Engineers, Inc. The agreement includes a 22% contingency in the amount of $17,748 for unforeseen conditions which may arise, plus $50,000 for the purposes of exercising Optional Task 5 as set forth in Exhibit A of the professional services agreement. The total agreement amount is $150,000.

Funding for this contract is included in the adopted Fiscal Year 2025-26 Traffic Operations and Projects budget. No appropriation is being requested at this time.

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7. ATTACHMENTS
· Professional Services Agreement
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Agenda Item
Orange City Council
Item #: 3.4. 2/10/2026 File #: 26-0022
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with AGA Engineers, Inc. for Traffic Engineering Services to validate and reestablish speed limits citywide based on the provisions of Assembly Bill 43.

4. FISCAL IMPACT
The expense for this agreement is $150,000 and will be funded through Transportation System (TSIP) (287):
287-5703-56999- Other Repair/Maint Services

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

The City has a large network of arterial, secondary and collector streets with non-statutory posted speed limits. Approximately 186 roadway segments (speed zones) in the City require the periodic conduct of engineering and traffic surveys (E&TS) for speed limit validation. With many E&TS set to City of Orange Printed on 2/5/2026Page 1 of 3
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conduct of engineering and traffic surveys (E&TS) for speed limit validation. With many E&TS set to expire soon and AB 43 now in full effect, there is an opportunity to take advantage of the provisions of the legislation, including reducing posted speed limits and reducing the frequency of revalidation (and the staffing resources required to do so.)
State law dictates that speed surveys (effectively the speed at which motorists drive) determine a street’sposted speed limit, with limited ability to adjust downward based on local conditions. Prior to AB 43, streets also had to be resurveyed and revalidated every five to ten years. While the conduct of speed surveys will still be the basis of establishing non-statutory posted speed limits, AB 43 provides for more opportunities for downward speed adjustments, consideration of bicycle and pedestrian activity, and the designation of certain safety corridors - which are eligible for further speed reductions. Moreover, speed surveys can now be valid for up to 14 years if certain conditions are satisfied, reducing the frequency with which staff needs to conduct E&TS.

Procurement:

Scope of Work:

Funding for this contract is included in the adopted Fiscal Year 2025-26 Traffic Operations and Projects budget. No appropriation is being requested at this time.

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7. ATTACHMENTS
· Professional Services Agreement
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SCOPE OF WORK

GENERAL:

The Scope of Work is not definitive and is intended only as a guide to illustrate the minimum project requirements.

The selected Consultant shall do the Engineering and Traffic Survey work in accordance with the State of California Department of Transportation Manual for Setting Speed Limits, CA MUTCD, CVC, and any other applicable guidance, including all recent changes in law and best speed management practices. The Consultant shall prepare speed limit recommendations for all roadway segments. This recommendation shall consider all recent legal (including AB 43) and best practice guidance for establishing speed limits and shall consider opportunities to reduce speed limits where appropriate. Any recommendations for speed limit reductions under AB 43 shall be identified and subject to approval by the City.

Each radar gun used for speed surveys shall be certified that it meets and/or exceeds all of the manufacturer's specifications by an authorized entity, distributor, or repair facility acceptable to the City. Proof of certification must be included in the proposal.

PROJECT TASKS:

The Consultant shall provide all necessary services to perform the following tasks:
1) Kick-off Meeting
2) Data Collection
a. The Consultant shall conduct bi-directional vehicle speed (radar) surveys for 186 speed zones within the City of Orange. The number of speed zones shall be confirmed according to the City's Master Plan of Streets and Highways and the latest California Road System (CRS) Map. While taking the speed measurements, the traffic speeds should not be altered by law enforcement, the surveyor and equipment, or any other means. Radar that is capable of accurately distinguishing and measuring unimpeded speed of free-flowing vehicles may be used. Surveys shall not be conducted on Fridays, weekends, Mondays, or during peak traffic hours. Speed measurements should be taken in periods in which the pavement is dry and the weather is fair. The minimum sample size should be at least 100 vehicles per location. For the two-way streets, at least 50 counts for each direction at each location shall be collected. No specific vehicle combination is required. Provide the radar speed survey field sheets (with raw data) and preliminary radar speed survey analysis sheets for each surveyed speed zone. Please Note: If speed survey data seems either unusually high or low, the City may require such locations to be resurveyed at no additional cost to the City. b. The City will be collecting average daily traffic (ADT) volume counts for all speed zones and will provide this data to the Consultant.
c. The Consultant shall collect and analyze collision data as required in the California Manual for Setting Speed Limits and CA MUTCD for the most recent five (5) years available.

Property Damage Only (PDO) crashes shall be included in the collision data collection and analysis. The Consultant shall coordinate with Crossroads Software Traffic Collision Database, as needed, to obtain collision data. Collision data shall be reported as total collisions, annual collision rate, as well as actual collisions per million vehicle miles and 136
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average. The actual collision rates shall be calculated and compared with the State of California average collision rates for similar roadways and street segments. d. Conduct field reviews of each of the 186 speed zones. The field reviews for traffic factors shall be conducted while school is in session. Provide a field review summary sheet for traffic factors, roadway factors, roadway geometry, and adjacent land uses, etc. 3) Speed Limit Recommendation
a. Determine the appropriate speed limit for each speed zone following the latest requirements from the CA MUTCD and the CVC. When determining the speed limits, the Consultant must also review the latest methodologies. If any reduction from the 85th percentile speed is recommended, these shall be fully documented and follow the procedures required by the State of California in setting speed limits. The Consultant shall provide radar speed survey analysis sheets signed by a qualified Registered Civil Engineer/Traffic Engineer licensed in the State of California for each surveyed speed zone.

Consultant shall prepare a summary of recommendations in Microsoft Excel form to include the street name, street segment, existing speed limit, recommended speed limit, 85th percentile speed, mean speed, 10 mph pace range, percent of vehicles in pace, date of survey, and reason for speed limit change from the 85th percentile. The summary of recommendations shall include all speed zones studied, unless otherwise specified by City staff.
b. Consultant shall provide a frequency histogram and a cumulative frequency curve diagram for each speed zone.
4) Project Report
a. Prepare a report which includes the following:
i. Radar speed survey operational procedures,
ii. A description of the purpose and methodology of speed zone establishment, iii. A description of the statistical analysis factors, iv. A traffic collision data summary table by street segment, v. Results and recommendations, and
vi. The summary of recommendations in Microsoft Excel form. vii. The final report shall be stamped and signed by a qualified Registered Civil Engineer/Traffic Engineer licensed in the State of California. viii. As part of the report preparation the selected Consultant may present at two (2) public meetings to report out the study findings and recommendations. All procedures and speed limit recommendations shall be per the latest requirements in CA MUTCD plus the latest law in the most current version of the CVC. 5) Sign Change Sketch Preparation (Optional Task)
a. Consultant shall prepares sketches for sign changes. This task is based on the number of sign-posting locations where changes are recommended by the Consultant. Once all recommendations are confirmed by the City, this task may or may not be required by the City. In the fee proposal, please list the unit price to identify each sign location at a specific distance from the nearest curb extension. These changes will indicate if the sign is new, a replacement, and/or removal and if a new sign (only) or a new sign and post will be 137
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required. City staff would then use such sketches to write-up each work order for sign change. Sketches shall be done in a manner acceptable to the City and using the City's formats. Sketches shall be done by attaching digital aerials photos into AutoCAD files and showing the sign post changes from the nearest curb return extension. This task (No. 6) needs to be listed in Fee Proposal as a separate item with a price per unit cost listed for the recommended locations. The City reserves the right to issue or not issue this task or a portion of it.

DELIVERABLES:

Deliverable shall include the following:
1) Task 1: Kick-off Meeting
a. Meeting agenda, to be provided to the City at least three (3) business days prior to the kick- off meeting.
b. Meeting notes
2) Task 2: Data Collection
a. Radar speed survey field sheets containing raw data for each of the 186 speed zones. b. Collision data (past five (5) years) for each speed zone. Collision data shall include PDO crashes. The Consultant shall coordinate with Crossroads to obtain collision data. c. Documentation of any locations that required resurveying and associated results. d. Field review summary sheets for each of the 186 speed zones documenting survey locations and field conditions, including observed traffic factors, roadway characteristics, adjacent land uses, and other relevant data collected.
3) Task 3: Speed Limit Recommendation
a. Radar speed survey analysis sheets with frequency histogram and cumulative frequency curve diagram for each speed zone. Each sheet shall be stamped and signed by a qualified Registered Civil Engineer/Traffic Engineer licensed in the State of California. i. A meeting shall be held with City staff for review prior to the finalization of all 186 analysis sheets.
b. A Microsoft Excel summary of recommendations (sample attached) that includes:
i. Street name and segment
ii. Existing and recommended speed limits
iii. 85th percentile speed, mean speed, 10 mph pace range, and percent of vehicles in pace
iv. Date of survey
v. Reason for any change from the 85th percentile speed c. Documentation of applied methodology, including any changes from prior studies and compliance with the CA MUTCD and the CVC.
4) Task 4: Project Report
a. 90% Draft Report
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Proposal
Traffic Engineering Services:

Citywide Speed Limit Assessment
January 6, 2026
211 Imperial Highway, Suite 208, Fullerton, CA 92835 || (714) 992-4592 || [email protected] 139

AGA Engineers, Inc.
211 Imperial Highway, Suite 208, Fullerton, CA 92835
(714) 992-4592 Email: [email protected]
January 6, 2026

Mr. Jose A La Torre
Transportation Analyst
City of Orange
300 East Chapman Avenue
Orange, California 92866

RE: Proposal to Conduct Engineering & Traffic Surveys for 186 Segments in the City of Orange

Dear Mr. A La Torre:

In response to the City’s Request for Proposal (RFP) dated December 9, 2025, AGA Engineers, Inc. (AGA) is pleased to present to you this proposal to provide an Engineering and Traffic Survey (E&TS) for 186 locations in the City of Orange. Our Proposal is being submitted via email as directed in the RFP.

It is understood that the City will provide Average Daily Traffic (ADT) counts. Radar speed survey data will be collected by our data collection subconsultant, National Data & Surveying (NDS).

AGA acknowledges that our proposal is in accordance with the Terms and Conditions of the previously executed On-Call Professional Services Agreement No. AGR-7488.C between the City and AGA.

The AGA Project Team looks forward to working with the City of Orange on this important project. If you have any questions on any aspect of this proposal, please feel free to contact me at [email protected] or (714) 992-4592.

Respectfully submitted,

AGA Engineers, Inc.

Ruben Perales, P.E., T.E.

Vice President

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Table of Contents

1. Project Understanding and Approach .................................................................................................... 1 Project Understanding ..................................................................................................................... 1 Project Approach ............................................................................................................................. 1

2. Relevant Project Experience, Qualifications, and References ................................................................ 5 Previous E&TS Experience ............................................................................................................... 5 Project Team .................................................................................................................................... 6 References ....................................................................................................................................... 7

3. W
ork Progress Activity Schedule ............................................................................................................ 7

4.Cost Proposal .......................................................................................................................................... 8 A
ppendix – Resumes of the AGA Team
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1. Project Understanding and Approach

Project Understanding

The objective of Engineering and Traffic Surveys (E&TS) is to review the City’s existing speed limits to validate and/or recommend changes (increase, decrease, or no change) in accordance with the requirements of the State of California, Department of Transportation, California Manual on Uniform Traffic Control Devices (CA MUTCD), Part 2B.13 (Speed Limit Sign), and CVC 627 and 40802, and sections 22348 through 22413. The study will provide sufficient information to document that the conditions of the latest edition of CVC Section 627 have been satisfied and that other conditions not readily apparent to a motorist are properly identified.

Assembly Bill No. 43 (AB 43) amended and added sections to both the CVC and the latest version of the CA MUTCD related to traffic safety and speed limits. The following are key highlights:
• Allows prima facie speed limit of 25 mph on State highways located in any business or residential district.
• Authorizes Caltrans and a local authority to declare a speed of 20 or 15 mph on State highways. • Authorizes a lower speed limit on a section of highway contiguous to a business activity district.

Definition of “business activity district” is identified in AB 43 text. • Authorizes a local authority to further reduce the speed limit beyond the 5 -mph reduction after June 30, 2024, if certain conditions are met.
• Extends the validity of speed surveys from 10 years to 14 years if evaluated by registered engineer. • Local authority may, by ordinance, retain the current speed limit or restore the immediately prior speed limit if that speed limit was: (1) established with an engineering and traffic survey, and (2) if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.
• Review City’s Local Roadway Safety Plan ( LRSP), SCAG’s High Injury Network (HIN), and Transportation Injury Mapping System (TIMS) to determine designated “Safety Corridors”.

The product of the study will be a legal document which will be acted on by the City Council to formally adopt and/or change specific speed limits at the surveyed locations. The report will be the document used by both the Police Department and the local courts in the day -to-day legal defense activities of the established speed limit.

Project Approach

Based on our extensive experience in conducting E&TS for various agencies throughout the years, the following is the AGA Team’s scope of work for the project. All work under this contract will be performed under the direction and supervision of a qualified Registered Civil Engineer/Traffic Engineer licensed in the State of California.

Task 1.Kick-Off Meeting

AGA will coordinate and conduct a kick-off meeting at City Hall with both City and Police Department staff.

At this meeting, the project objectives will be clarified, the project schedule will be finalized, and specific requirements will be discussed. The City will provide any pertinent data needed for analysis. AGA will 142
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prepare and distribute an agenda three days prior to the meeting and submit meeting minutes and a participant list within a week after the meeting.

 Deliverables:
• Meeting agenda
• Meeting minutes

Task 2. Data Collection and Field Review

The vehicle speed surveys will be conducted in accordance with the 2020 California Manual for Setting Speed Limits published by the Division of Traffic Operations of the California Department of Transportation, the CVC, and the CA MUTCD. AGA’s subconsultant, National Data & Surveying (NDS), will be conducting the radar speed surveys . We understand that the ADT counts for all segments will be provided by the City . As an added value to the City of Orange , AGA will prepare a citywide ADT map to summarize the ADT counts provided by the City.

A minimum of 100 bidirectional speed observations, with a minimum of 50 observations for each direction of travel will be obtained for the designated c ity street segments. Obtaining a minimum of 100 speed samples for each street segment will ensure that there will be a 95% probability that the sample data represents the population data for this type of study and the actual behavior of the majority of motorists.

The studies will only be conducted during “good weather” conditions on weekdays (Tuesday – Thursday) during the off -peak hours of 9:00 AM to 4:00 PM when school is in session, unless other specific time limits are specified by the City. Each speed zone will be surveyed for representative free flow speeds; that is, speeds not influenced by inclement weather, temporary conditions, or construction work. The survey will utilize a traffic radar gun which is calibrated and certified periodically to achieve and maintain accuracy.

The field survey data will be marked on a radar speed survey field sheet and will contain the following roadway segment information:
• Adjacent land use types • Lane configuration
• Roadway geometrics • Median type
• On-Street Parking • No Parking/Stopping restrictions
• School Zone • Truck Route
• Bike Route • Bike lane facilities
• Pedestrian and bicycle activity • General Comments

Collect Traffic Collision Data and Calculate Collision Rates The AGA Team will evaluate the most current mid -block collision history ( five years) for each of the segments. AGA will coordinate with City staff and the Crossroads Software Traffic Collision Database to obtain the collision data. For collision history analysis purposes, mid-block collisions are defined as those occurring outside of the 150 -foot radius of signalized intersections of the roadway segment being analyzed. This criterion excludes collisions that may be traffic signal related in nature. The mid -block collision rate in terms of “collisions per 1,000,000 vehicle miles of travel” for each segment surveyed will be calculated and shown on the Engineering and Traffic Survey summary sheets.

The following shows the collision rate calculation:
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Collision Rate = Number of midblock collisions x 106
24-hour volume x 365 x segment length x number of years Where:
• Number of mid-block collisions based on a minimum of five years • 24-hour volume (both directions) for the survey segment • Segment length in miles

A minimum of five years of collision data will be utilized to develop Actual Collision Rates for comparison to the Average Expected Collision Rates which is detailed in the 20 23 Crash Data on California State Highways published by the California Department of Transportation. The Average Expected Collision Rates per roadway type are summarized below. Average Daily Traffic (ADT) counts will be used to determine collisions rates per vehicle miles traveled.

Roadway Type Average Expected
Collision Rate
Conventional 2 lanes or less (< 45 mph) 1.07
Conventional 2 lanes or less (> 45 mph) 0.61
Undivided 4 lanes (<45 mph) 0.66
Undivided 4 lanes (> 45 mph) 0.77
Divided 4 lanes (< 45 mph) 0.64
Divided 4 lanes (> 45 mph) 0.93
Divided 5 lanes or more (< 45 mph) 0.75
Divided 5 lanes or more(> 45 mph) 0.87

Field Review of Roadway Segments
A licensed Traffic Engineer will review all project segments to determine any roadway conditions not readily apparent to motorist s which would justify changing the proposed speed limit to the maximum permitted under State established guidelines. These characteristics include the following:
• Street width and alignment • Traffic flow
• Channelization and striping patterns • Frequency of driveways • Reversed super elevation • Visibility obstructions
• Roadside land use • Roadway grade
• Heavy pedestrians and/or trucks • On-street parking

The product of this review will be a summary of each of the segments and identification of the segments which justify consideration for maximum increase/decrease of the recommended speed limits. In addition to reviewing the roadway conditions not readily apparent to motorists, the AGA team will review the locations of existing speed limit signs and will provide recommendations on any relocations or additions of speed limit signs.

 Deliverables:
• Radar Speed Survey Sheets with raw data for all segments • Collision data from the Crossroads database
• Documentation of locations needing resurveying
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• Engineering & Traffic Survey Summary Sheets for all segments

Task 3. Speed Limit Recommendations

The speed survey data will be summarized in a Segment Spot Speed Summary Table. This table includes the recommended speed limit for the street segment based on the 85 th percentile speed and any justifications for setting the speed limit lower than the recommended 85 th percentile speed. A City approved Engineering and Traffic Survey template will be utilized to summarize our findings and document all data collected and calculated. At a minimum, this table will include the following:
• 85th percentile speed (critical speed)
• 15th percentile speed
• 10 mph pace speed range
• Number of vehicles in the 10-mph pace speed range
• Percentage of vehicles in the pace speed range
• Mean speed
• Median speed
• Mode speed
• Average vehicle speed
• Standard deviation

 Deliverables:
• Radar speed survey sheets
• Summary sheets in Microsoft Excel
• Documentation of applied methodology and compliance with CA MUTCD and CVC

Task 4. Project Report and Presentations

After compiling all pertinent data on the Segment Spot Speed Summary Table, and the Engineering & Traffic Survey Sheets for all project segments, AGA will submit all survey sheets to the City of Orange for review. AGA will discuss the findings with City staff and will review any comments/questions City staff may have on recommendations shown on the survey sheets. As part of this discussion, AGA will identify corridors that may be designated as “Safety C orridors” and/or “Business Activity District” corridors . The latest edition of the CA MUTCD (Revision 9 ) includes guidelines to assist with the designation of such corridors.

A draft report documenting the Engineering and Traffic Study will be submitted to the City for review. It will summarize the existing speed limits and the recommended changes (increase, decrease, or no change) in accordance with the requirements of CVC Sec tions 627, 40802(b), 22357, 22358, and AB 43 (included in the CVC and CA MUTCD). AGA will also document any changes in the guidelines based on the current California Manual for Setting Speed Limits and the current California Manual on Uniform Traffic Contr ol Devices, if any.

The report will be a legal document to formally adopt or change speed limits at the surveyed locations. It will include an executive summary, a summary of recommendations in a tabular format for ease of reference, specific recommendations with a descriptio n of the basis for that recommendation for each roadway segment surveyed, and all other supporting data.

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At a minimum, the report will include the following:
• Radar speed survey operational procedures
• Description of the purpose and methodology of Speed Zone establishment, including a discussion of realistic speed zoning, speed traps, CVC requirements, etc. • Description of the statistical analysis factors
• Description of the field data used in analyzing related roadway characteristics • Collision history for the street segments
• Results and recommendations
• Summary of recommendations in both narrative and table form

A meeting with City staff will be held to discuss the analysis results presented in the Draft E&TS Report.

AGA will address and incorporate the City’s consolidated comments on the draft report into the final report which will be provided to the City in both hardcopy and electronic formats. Another meeting with City staff will be conducted for the presentation of the Final E&TS Report.

Traffic Commission and City Council Meetings
AGA will be available to attend one Traffic Commission meeting and one City Council Meeting to assist the City of Orange staff with presenting the speed survey results. We will also respond to any questions that Commission/Council members may have.

 Deliverables:
• 90% draft report
• Final report
• Public meetings (up to two meetings)

Task 5. Sign Change Sketch Preparation (Optional Task)

As part of the field review in Task 2, the AGA team will assess the existing speed limit signs and provide recommendations on any relocations, additions, and/or changes. If authorized by the City, we will design the sign-posting at the locations which are confirmed by the City. The plans will indicate the distance from the curb extension, whether the sign is new, a replacement, or a removal, and if a post will be needed.

Aerial photos of each location will be included on the sketches. The sketches will be completed in AutoCAD using the City’s preferred format.

 Deliverables:
• Sign change sketches with aerial photos

2. Relevant Project Experience, Qualifications, and References

Previous E&TS Experience

We fully understand the importance of dealing with traffic -related situations, including determining the appropriate posted speeds along the City’s corridors. Staff at AGA have completed many tasks similar or identical to those anticipated under this contract, and have completed such tasks on time, within budget, and in a manner that meets all the requirements of the agency for which the work was completed, while at the same time placing minimal time and effort requirements on agency staff.

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The AGA Team possesses all of the necessary capabilities and experience to complete the proposed project in a professional, timely, and cost-effective manner. The AGA Team has a long history of conducting E&TS projects for cities throughout Southern California. Within the last five years, the AGA Team has conducted speed surveys for the following cities:

Buena Park Burbank Costa Mesa Fountain Valley Garden Grove Gardena Huntington Beach Laguna Niguel Redondo Beach Santa Ana Seal Beach Tustin Westminster Whittier

Additionally, we are currently finalizing speed surveys for the cities of:
• Santa Clarita
• Yorba Linda

Project Team

Strong results-oriented leadership is a key element of AGA’s management approach to fully leverage the expertise and experience of our team members. Mr. Ruben Perales, P.E., T.E., as the Project Manager will be responsible for the day -to-day direction
and management of each element of work
being completed as a part of the project.

Project team meetings will be held regularly
to ensure that work is proceeding
appropriately in a timely fashion. Mr.

Perales will be responsible for adherence to
the project schedule and for maintaining
quality control of all project work products.

In short, Mr. Perales will do everything
necessary to ensure that the project is
completed on time, within budget, and in a
manner that fulfills all the goals and
objectives of the City of Orange. AGA
proposes to utilize experienced senior staff
members to conduct this project. Our
Organizational Chart is to the right.

Resumes are included in the Appendix.

Our subconsultant responsible for data collection will be National Data and Surveying Services (NDS).

Founded in 1989, NDS leads the industry as the largest traffic data collection firm, transit data collection firm, and GIS data collection firm in the nation. NDS has an incredibly large capacity to conduct well over two thousand traffic counts every sin gle day and unparalleled technical expertise in their industry. NDS clientele includes private engineering firms, public agencies, regional planning organizations, retail outlets, private companies, and private cit izens. NDS has been part of our team for many of the E&TS projects we have conducted.

Our experienced QA/QC Manager will conduct an objective review of the work product. When several disciplines are involved in a project, the QC Manager may also seek review assistance when needed from Ruben Perales, P.E., T.E.

Vice President
Project Manager
Engineer of Record
Support Staﬀ
Jessica Reyes, P.E.

Sr Transportation Engineer
Jorge Sanchez, E.I.T.

Associate Transportation
Engineer I
Giselle Hernandez
Associate Transportation
Engineer I
Na�onal Data & Surveying
Ruben Gallegos
Data Collec�on
Chalap Sadam, P.E., T.E.

President

QA / QC
Manager
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other individuals specializing in those disciplines to verify that all project concepts are being met and all constructability issues are addressed prior to delivery of the project.

Quality assurance defines the process utilized for each project to guarantee that the design deliverables are accomplished in accordance with the project objectives. To achieve the desired quality of deliverables and services, quality assurance consists of several systems including initial implementation of a Quality Control Program, conducting quality audits to verify conformance with policies and procedures, and quality assurance reports.

The independent senior staff assigned to the project will identify problems, recommend solutions, and verify implementation of corrective action. The Project Manager will ensure that quality is achieved and fully supports the verification efforts by independent personnel. The Project Manager will interface with the project staff members for resolution of matters related to quality.

Client satisfaction is a key project goal. We emphasize client satisfaction throughout all phases of work.

We monitor client feedback and satisfaction as a corporate objective. Document control, records control, and corrective/preventative actions are the minimum procedures we provide for every project.

References

The following is project information and references for E&TS studies our team has conducted within the last five years. All the projects listed below included the following tasks: radar surveys conducted under free flow conditions, evaluation of the accident history, field review by a licensed engineer, and recommendations for changes in speed limits developed. The survey data was then compiled into summary tables and a report prepared to be used as a legal document by cities and courts.

City of Santa Ana
Mr. Zdenek “Zed” Kekula, Principal Civil Engineer
20 Civic Center Plaza, Santa Ana, CA 92702
(714) 647-5606 || [email protected]
November 2022 – March 2023
177 segments surveyed

City of Fountain Valley
Mr. Temo Galvez
Deputy Director of Public Works/City Engineer
10200 Slater Avenue, Fountain Valley, CA 92708
(714) 593-4517 || [email protected]
March – June 2024
92 segments surveyed

3. Work Progress Activity Schedule

Our proposed schedule is shown on the following page. A detailed schedule will be provided at the Project Kick-Off Meeting.

City of Garden Grove
Mr. Juan Navarro, City Traffic Engineer
11222 Acacia Parkway, Garden Grove, CA 92842
(714) 741-5186 || [email protected]
August – December 2021
143 segments surveyed
City of Buena Park
Mr. Nader M. Alqam, Principal Engineer
6650 Beach Boulevard, Buena Park, CA 90622
(714) 562-3698 || [email protected]
January – August 2025
81 segments surveyed
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4. Cost Proposal

Our Cost Proposal is included below . The table shows a detailed breakdown of staff hours by task and classification, hourly rates, and any subconsultant costs. Our rates are all inclusive. All direct and indirect costs (i.e., mileage, equipment, materials, reproduction and printing, etc.) are included in our fees.

149
Agenda Item
Orange City Council
Item #: 3.5. 2/10/2026 File #: 26-0045
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Nathalie Adourian, City Attorney

1. SUBJECT
Attorney Services Agreement with Bordin Semmer, LLP to provide legal services relating to litigation defense in the matter of Ayoleone Amani Bufkin, et al. v. Vista Del Rio Housing Partners LP, et al.

2. SUMMARY
The agreement with Bordin Semmer, LLP for an amount not to exceed $350,000 is for legal services for the City’sdefense in the matter of Ayoleone Amani Bufkin, et al. v. Vista Del Rio Housing Partners LP, et al.

The City has self-insured retention in the amount of $350,000, including costs, attorney fees, and damages associated with the litigation. After this amount is expended, the City’sinsurance with the California Insurance Pool Authority will reimburse the City for any additional costs and expenses, including any damages after the case has been concluded.

3. RECOMMENDED ACTION
Approve the Attorney Services Agreement with Bordin Semmer, LLP in the amount of $350,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $350,000 and will be funded through:
731-1301-55102 Legal Services.

This money has already been budgeted for in the City Attorney’sbudget and will not constitute any new money costs for the City.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

6. DISCUSSION AND BACKGROUND
Plaintiffs Ayoleone Amani Bufkin and Leslie Howard allege that on May 1, 2023, Defendant Irvin Garcia was operating a vehicle driving southbound on the City Drive South, entered the parking lot of the Vista Del Rio Apartment complex at a high rate of speed and collided head-on into an unprotected ground floor apartment causing injuries to both Plaintiffs. In their complaint, Plaintiffs allege a dangerous condition of public property. Plaintiffs claim there was inadequate speed limit reduction signage and/or other warning signage on the roadway at the entrance to the subject property as well as concerns about the traffic signal at the intersection and roadway markings.

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property as well as concerns about the traffic signal at the intersection and roadway markings.

Plaintiffs allege they both suffered significant injuries, loss of income, and emotional damage.

Plaintiff Leslie Howard had multiple lacerations and abrasions and is seeking $25,275,000 in damages. Plaintiff Bufkin fractured her arm, shoulder pelvis, shattered her hip, had a massive leg/foot injury resulting in amputation, and bladder/kidney damage. She was hospitalized for over 4 months and underwent 15 surgeries and is seeking $76,000,000 in damages. Both Plaintiffs are represented by The Homampour Law Firm.

Defendants and Cross-Complainants Vista Del Rio Housing Partners and A Community of Friends filed a cross-complaint against the City of Orange and City of Santa Ana.

While the City Attorney’sOffice 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. Due to the extensive nature of damages claimed in this case, the City contracted the defense to Bordin Semmer, LLP.

The Attorney Services Agreement is necessary to carry out the defense of the City in this case.

7. ATTACHMENTS
· Attorney Services Agreement with Bordin Semmer, LLP
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Agenda Item
Orange City Council
Item #: 3.5. 2/10/2026 File #: 26-0045
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Nathalie Adourian, City Attorney

3. RECOMMENDED ACTION
Approve the Attorney Services Agreement with Bordin Semmer, LLP in the amount of $350,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $350,000 and will be funded through:
731-1301-55102 Legal Services.

This money has already been budgeted for in the City Attorney’sbudget and will not constitute any new money costs for the City.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

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property as well as concerns about the traffic signal at the intersection and roadway markings.

Plaintiffs allege they both suffered significant injuries, loss of income, and emotional damage.

Defendants and Cross-Complainants Vista Del Rio Housing Partners and A Community of Friends filed a cross-complaint against the City of Orange and City of Santa Ana.

The Attorney Services Agreement is necessary to carry out the defense of the City in this case.

7. ATTACHMENTS
· Attorney Services Agreement with Bordin Semmer, LLP
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ATTORNEY SERVICES AGREEMENT

THIS AGREEMENT is entered into by and between the CITY OF ORANGE , a m unicipal corporation (“City”) and BORDIN SEMMER, LLP, a limited liability partnership ("Law Firm") to be effective as of this day of , 2026 (“Agreement”).

RECITALS

WHEREAS, the City Attorney of the City of Orange (“City Attorney”) is the chief legal advisor and litigator for City and is charged with the responsibility of protecting the interest of City in any or all actions or proceedings to which City or its officers or employees are parties by reason of any act allegedly arising out of their official capacity with City, and to advise the City Council and/or City staff on legal matters involving the City; and

WHEREAS, City, acting through its City Attorney, has, on occasion, need of assistance from outside counsel in maintaining or defending said actions and proceedings or in otherwise seeking legal advice or services related to protecting the interests of City; and

WHEREAS, Law Firm represents that it possesses the skill, qualifications, experience, and resources necessary to render said assistance as hereinafter provided.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

SECTION 1: SERVICES

A. Law Firm is being retained by the City to provide specialized legal services related to the defense of Orange County Superior Court case entitled Ayoleone Amani Bufkin, et al. v. Vista Del Rio Housing Partners LP, et al., case no. 30-2024-01406584. This representation may involve the interest of City, its officers, employees, former officers or former employees as directed by City Attorney.

B. Law Firm has assigned Joshua Bordin- Wosk as lead counsel primarily responsible for this matter. It is anticipated that Law Firm may utilize other lawyers in the firm to assist in performing these services, but Law Firm shall not assign other lawyers for such primary responsibility without prior approval of City Attorney.

C. Law Firm shall not, and is not, authorized to enter into any agreements other than relating to routine procedural matters without first obtaining authority from City Attorney or the City Council .

Such authority may be provided orally.

D. Law Firm is not authorized to accept service of any summons and complaint or summons and cross-complaint on behalf of City, its officers, employees, former officers, or former employees without prior approval of City.

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2 E. Law Firm shall not incur any expenses or costs for experts, or consultants or specialists without first obtaining authorization from City Attorney. Such authority may be provided orally.

F. Law Firm's service pursuant to this Agreement shall be performed in a professional, ethical manner and to the satisfaction of City Attorney and City Council.

SECTION 2: PAYMENT

A. City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to this Agreement at the hourly rates set forth in Exhibit “ A,” attached and incorporated herein by this reference. Total payments for services performed pursuant to this Agreement shall not exceed THREE HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($350,000.00) without prior written approval of City Council. A condition precedent to any payment to Law Firm shall be that Law Firm submit a statement which clearly sets forth, by dates, the designated items of work, the work time of each item and amount charged for said work time.

B. City shall pay invoices within thirty-five (35) days of approval of the invoice.

C. City shall compensate Law Firm in accordance with the attached “Guidelines for Billing of Legal Services” set forth in Exhibit “B,” attached and incorporated herein by this reference, and Law Firm agrees that it shall not be entitled to compensation for services or billing not rendered in accordance with such guidelines.

SECTION 3: AMENDMENT

The terms of this Agreement can only be amended by written Agreement signed by the parties hereto.

SECTION 4: ASSIGNMENT

Law Firm shall not assign or transfer its interest in this Agreement without the written consent of City Attorney.

SECTION 5: COMPLIANCE WITH APPLICABLE LAWS

In performance of this Agreement, Law Firm shall abide by and conform to any and all applicable laws of the United States, State of California, and ordinances and policies of City.

SECTION 6: CAPACITY AS AN INDEPENDENT CONTRACTOR

Performance of Law Firm's services pursuant to this Agreement shall be in the capacity of an independent contractor and not as an officer, agent, or employee of City.

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3 SECTION 7: CONFLICT OF INTEREST

It is recognized that Law Firm may have clients who may, from time to time, have interests adverse to City, and Law Firm reserves the right to represent such clients in matters not connected with case(s) assigned Law Firm by City. Should Law Firm represent a client who may have interests adverse to City during performance of this Agreement, Law Firm shall immediately, but in no event fewer than ten (10) days, after becoming aware of said possible adverse interest provide written notice to City of the possible adverse interest. Law Firm agrees to comply with any obligations pursuant to California Government Code §87100 et seq. The parties agree that the scope of this engagement does not confer “consultant” status on any of the attorneys or other firm personnel providing services to City, and Law Firm enters this A greement on condition that, under City’s conflict code, neither Law Firm not its attorneys or other personnel qualify as public officials.

SECTION 8: TERMINATION

This Agreement and all legal services to be rendered hereunder may be terminated at any time by City Attorney with or without cause. Upon such termination, or upon the conclusion of such services by Law Firm, all finished and unfinished documents, case data and reports, both originals and all copies, relating to such matter and then in the possession of Law Firm shall be deemed the property of City and shall immediately be placed in the physical possession of City by Law Firm. In the event of such termination, Law Firm shall be paid for all satisfactory services rendered, unless such termination is for cause, in which event compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

SECTION 9: INDEMNIFICATION

Law Firm agrees to indemnify, defend and hold harmless City, its officers, agents, employees, representatives, and volunteers for damage to property and for injury to or death of any person and from all claims, demands, actions, purported liability, or consequential damages of any kind or nature arising out of or in connection with Law Firm's negligent performances of services under the terms of this Agreement or exercising any rights granted herein, except those claims, demands, purported liability or consequential damages which arise out of the misconduct or negligence of City.

SECTION 10: INSURANCE

A. Law Firm shall carry and maintain during the course of this Agreement, and include City as an additional insured, the following insurance coverage with limits as specified for each type of insurance:

1. Workers' compensation insurance as required by California law;

2. Professional liability (errors and omissions) insurance coverage in an amount not less than one million dollars ($1,000,000) to protect from negligent acts, errors or omissions of a professional nature. A ny insurance maintained by City shall apply in excess of and not contribute with insurance provided by this policy.

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4 B. As a condition precedent to City’s obligation to pay Law Firm any compensation hereunder, Law Firm shall deliver to City insurance certificates, in such form as may be acceptable to City Attorney, evidencing the existence of the insurance required by this Agreement.

SECTION 11: NOTICES

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

City Law Firm

City of Orange Bordin Semmer, LLP
300 East Chapman Avenue 6100 Center Drive, Suite 1100 Orange, CA 92866 Los Angeles, CA 90045
Attn: Kirsten B. Shea Attn: Joshua Bordin-Wosk
Email: [email protected] Email: [email protected]

SECTION 12: ENTIRE AGREEMENT

This writing constitutes the entire Agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written Agreements which may have been entered into between the parties. No modificati on or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the parties hereto.

SECTION 13: EFFECTIVE DATE AND AUTHORITY

Law Firm represents that the signatories hold the positions set forth below their signatures and that the signatories are authorized to execute this Agreement on behalf of Law Firm and to bind Law Firm hereto.

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

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the first date written herein above.

CITY OF ORANGE, a municipal corporation,
By: ____________ _
Daniel R. Slater, Mayor
BORDIN SEMMER, LLP, a limited liability partnership
Title: ______ {2._ ..... _r_�_r--_o...,,-______ _
ATTEST:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Nathalie Adourian, City Attorney
5 ✓
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EXHIBIT “A”

HOURLY RATES

[Beneath this sheet.]

159

January 22, 2026

VIA EMAIL
Kirsten Shea
Gaby Seveilla
City of Orange
[email protected]
[email protected]

Re: Bordin Semmer

Dear Kirsten and Gaby,

As part of our year end process, we performed a review of our billing rates. In order to continue to provide top notch service and facilitate similar results across the board, our non-employment rate will be increasing from $240 per hour to a rate of $285 per hour commencing February 1, 2026. This rate, which CIPA is aware of, remains competitive compared to similar attorneys/firms and other JPAs that we work with in the southern California area.

Thank you in advance for your consideration and support. As always, we are happy to discuss if there are any questions.

Sincerely,

BORDIN SEMMER LLP

Joshua Bordin-Wosk
[email protected]

BORDIN I SEMMER

TRIAL COUNSEL
Howard Hughes Center, 6100 Center Drive, Suite ll00, Los Angeles, CA 90045 TEL 323.457.2ll0 I FAX 323.457.2120 I www.bordinsemmer.com 160

EXHIBIT “B”

GUIDELINES FOR BILLING

OF LEGAL SERVICES

1. All cases shall be billed monthly.

2. All billing shall be done in .10-hour increments.

3. Each month’s bill shall include the total fees and costs incurred to date for the legal services.

4. Monthly billing entries shall be by date and task. Entries shall list the names or initials of each attorney or paralegal working on the matter and full descriptions of tasks performed. Each task performed shall be listed separately.

5. The City will not pay for new attorneys to “get up to speed” on a file unless approved in advance by the City Attorney.

6. City encourages the use of paralegals for any task that can be appropriately delegated.

7. Billing shall include photocopying charges on a per-copy basis. The maximum charge is 25¢ per copy. If copying charges exceed 15¢ per copy, the City encourages use of City staff for copying services.

8. Messenger and outside charges are billable at actual cost.

9. Law Firm may charge a maximum of one hour each way or actual time for travel, whichever is less.

10. Research support services (e.g., Westlaw, LEXIS or computer time or services), long distance telephone, cellular phone, and postage charges are billable at actual cost. Where charges are made for research time, the specific issue being researched shall be identified on the bill.

11. Except for actual travel costs (plane ticket, taxi, hotel room, etc.) associated with meetings and events Law Firm personnel are expected to attend, or must attend, such as City Council meetings, depositions, and court appearances, meals and costs of travel, e.g. mileage charges, are not billable to the City and must be approved in advance by the City Attorney.

12. Expert witness fees are not automatically authorized and must be approved in advance by the City Attorney.

13. City will not pay for secretarial time or secretarial overtime. City will not pay attorneys or paralegals for secretarial tasks or tasks that should be included in your overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges.

14. City will not pay for word processing charges.
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2 15. City will not pay for billing or discussion of bills. If we have questions about billing or need additional information on bills, time spent on such questions shall not constitute a chargeable event.

16. City will not pay for billing relating to the attorney contract or insurance.

17. City will not pay for minimum billing charges other than the 0.1 hours listed above.

18. City will not pay for file opening or file closing.

19. The City has retained you because of your past experience but will not pay for research performed or forms developed and billed to prior clients.

20. Unilateral raises of hourly rates or contingency rates, if applicable, will not be honored. Any increases in such rates must be reduced to writing and approved in advance by the City Attorney.

21. Any costs in excess of $500 must be approved in advance by the City Attorney.

22. If you are provided with a new case directly from staff, or if a matter arises that requires you to open a new file, the City Attorney shall be informed immediately.

23. City accountants will send a request for an auditor response letter annually. Please respond promptly. The response should not take longer than one hour per case. In complicated cases where more than 2.0 hours is required, please contact the City Attorney before drafting your response.

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Agenda Item
Orange City Council
Item #: 3.6. 2/10/2026 File #: 25-0651
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
First Amendment to Agreement with MNS Engineers, Inc. for Community Development Block Grant, Home Investment Partnership Act Program, and Housing Set-Aside Administration Support.

2. SUMMARY
First Amendment with MNS Engineers, Inc. to provide continued support services for Community Development Block Grant, Home Investment Partnership Act Program, and Housing Set-Aside Administration Support.

3. RECOMMENDED ACTION
Approve the amendment to agreement with MNS Engineers, Inc. for $40,000, for a total not to exceed compensation of $70,000, for Community Development Block Grant, Home Investment Partnership Act Program, and Housing Set-Aside Administration Support; and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The expense for this amendment is $40,000 and will be funded through CDBG/HUD (Fund 310), HOME-HUD (Fund 317), and Low- & Moderate Income Housing Fund (Fund 232) respectively:
310-6410-55999-256001 Other Professional & Consulting Services $17,000 317-6411-50102-266027 Business Assistance $10,000
317-6431-55999-256001 Other Professional & Consulting Services $3,000 232-6401-55999 Other Professional & Consulting Services $10,000

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life

6. DISCUSSION AND BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) provides grants, including the Community Development Block Grant (CDBG), to states, cities, and counties on an annual basis to City of Orange Printed on 2/5/2026Page 1 of 2
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Item #: 3.6. 2/10/2026 File #: 25-0651
Community Development Block Grant (CDBG), to states, cities, and counties on an annual basis to provide housing support and uplift communities. CDBG funds are used to provide suitable environments through economic opportunities for low- and moderate-income people. In addition, the HOME Investment Partnerships Program (HOME) is used to implement housing strategies designed to increase homeownership and affordable housing.

Consultant Support
Due to the stringent requirements for the use of CDBG and HOME funds, MNS Engineers, Inc. (MNS) was retained in August 2024 to assist in the reporting, monitoring, and compliance of HUD rules. MNS’s support has functioned as staff augmentation to:

1. Ensure that any updates to HUD rules continue to be followed.

2. Inform staff of changes in program regulations and funding opportunities.

3. Meet deadlines during peak times of the year when workload is higher.

4. Support during City audits that occur 2-3 times a year.

5. Provide labor compliance assistance and support of Public Works funded projects.

6. Develop subsidy layering analysis for proposals related to new proposed projects requesting gap funding.

7. Develop specialized documents such as the CDBG eligibility maps; and

8. Develop National Environmental Policy Act (NEPA) clearance documents that are required with every federally funded activity and require specialized technical knowledge.

Additionally, with the development of the Business Assistance Façade Program under the CDBG program, staff is requesting support from MNS staff knowledgeable of the program to assist with implementation while Housing Division staff becomes familiarized with the program requirements and applicable regulations.

Furthermore, MNS provides ongoing technical assistance to staff for new and existing housing developments utilizing housing set-aside funding, including evaluating project eligibility through gap funding financial analysis and providing support with determining ongoing compliance, including rent evaluations.

Staff recommends an increase in compensation for MNS to maintain service continuity, reduce implementation risk, and support the timely and effective delivery of critical community development initiatives.

7. ATTACHMENTS
· First Amendment to Agreement with MNS Engineers, Inc.

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Agenda Item
Orange City Council
Item #: 3.6. 2/10/2026 File #: 25-0651
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
First Amendment to Agreement with MNS Engineers, Inc. for Community Development Block Grant, Home Investment Partnership Act Program, and Housing Set-Aside Administration Support.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life

6. DISCUSSION AND BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) provides grants, including the Community Development Block Grant (CDBG), to states, cities, and counties on an annual basis to City of Orange Printed on 2/5/2026Page 1 of 2
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Item #: 3.6. 2/10/2026 File #: 25-0651
Community Development Block Grant (CDBG), to states, cities, and counties on an annual basis to provide housing support and uplift communities. CDBG funds are used to provide suitable environments through economic opportunities for low- and moderate-income people. In addition, the HOME Investment Partnerships Program (HOME) is used to implement housing strategies designed to increase homeownership and affordable housing.

1. Ensure that any updates to HUD rules continue to be followed.

2. Inform staff of changes in program regulations and funding opportunities.

3. Meet deadlines during peak times of the year when workload is higher.

4. Support during City audits that occur 2-3 times a year.

5. Provide labor compliance assistance and support of Public Works funded projects.

6. Develop subsidy layering analysis for proposals related to new proposed projects requesting gap funding.

7. Develop specialized documents such as the CDBG eligibility maps; and

8. Develop National Environmental Policy Act (NEPA) clearance documents that are required with every federally funded activity and require specialized technical knowledge.

7. ATTACHMENTS
· First Amendment to Agreement with MNS Engineers, Inc.

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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[CDBG, HOME, and Housing Consultant Services]

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _______________, 2026, by and between the CITY OF ORANGE, a municipal corporation (“City”), and MNS ENGINEERS, INC., a California corporation (“Consultant”), with reference to the following:

A. City and Consultant entered into a Professional Services Agreement (Agreement No. 7727.A) dated as of August 12, 2025 , which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by updating the Scope of Services and increasing 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 Consultant agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.

Section 3. Updated Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby updated to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4. Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by FORTY THOUSAND DOLLARS and 00/100 ($ 40,000.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Consultant's total compensation for all services performed under this Agreement, shall not exceed SEVENTY THOUSAND DOLLARS and 00/100 ($ 70,000.00) 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 167

2 Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

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

“CONSULTANT” “CITY”

MNS ENGINEERS, INC., CITY OF ORANGE, a municipal corporation a California corporation

By:
*By: Daniel R. Slater, Mayor
Printed Name: Peter Minegar
Title: Vice President

ATTEST:
*By:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian, 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.

√

168

2 Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

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

“CONSULTANT” “CITY”

MNS ENGINEERS, INC., CITY OF ORANGE, a municipal corporation a California corporation

By:
*By: Daniel R. Slater, Mayor
Printed Name: Peter Minegar
Title: Vice President

ATTEST:
*By:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney

√

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EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

170

CITY OF ORANGE

CDBG AND HOME PROGRAM ADMINISTRATION SERVICES

June 25, 2025

City of Orange
Russell Bunim, Community Development Director
Community Development Department
300 E. Chapman Ave.

Orange, CA 92866

SUBJECT: Proposal for Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program Administration, City of Orange, California
Dear Mr. Bunim,
MNS Engineers (MNS) is pleased to submit a proposal for CDBG and HOME Program Administration Services for the City of Orange, California.

MNS understands the scope of work includes CDBG and HOME program administration services including assistance with project close-outs, the 2025-26 CAPER, environmental reviews as needed, and as-needed staff support and technical assistance. These services are reflected in the attached scope of work.

Our Housing team is familiar and experienced with the City’s programs and are available to begin work at the City’s convenience.

Should you have any questions about the proposed scope of work, do not hesitate to contact Monika Troncoso, Housing Manager via email ([email protected]) or phone (714-403-4879).

Sincerely,
MNS Engineers, Inc.

Peter Minegar, AICP
Vice President – Planning

MNS Engineers, Inc.

YEAR FIRM ESTABLISHED

Santa Barbara, CA 93103
805.692.6921 Office/Fax

Riverside, CA 92507

Peter Minegar, AICP
Vice President - Planning

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CITY OF ORANGE

CDBG AND HOME PROGRAM ADMINISTRATION SERVICES

Scope of Work
MNS has prepared a scope of work to support the City of Orange’s Housing Division. This scope of work is based on our current understanding of the services needed based on our discussions with the city.

TASK 1 – General CDBG/HOME Grant Administration
a. Assist with the completion of monthly task items as assigned by staff to ensure all are on track through end of fiscal year.
b. Provide technical assistance to staff as requested with overall program administration and take corrective actions as necessary.

TASK 2 – 2024-25 CAPER
a. Prepare close out reports and assist staff with CAPER reports. b. Assist with public participation/notices.

TASK 3 – Environmental Review
a. MNS will prepare environmental reviews for public service projects, capital projects, and additional projects associated with the Annual Action Plan as needed.

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CITY OF ORANGE

CDBG AND HOME PROGRAM ADMINISTRATION SERVICES

Fee Proposal
This proposal is not to exceed $30,000 , see rates as indicated. MNS will notify the client when the budget has been 80% expended.

Task Subtotal
Task 1 – General CDBG/HOME Grant Administration See Rates Task 2 – 2024-2025 CAPER See Rates
Task 3 – Environmental Review See Rates

Rate Schedule
Name/Title Rate
Damien Delany/Practice Lead $270
Monika Troncoso/Housing Manager $185
Noor Jafar/Project Manager $100

DIRECT EXPENSES. Reimbursable direct costs, such as reproduction, supplies, and messenger service will be billed at cost.
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Agenda Item
Orange City Council
Item #: 3.7. 2/10/2026 File #: 26-0026
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize increase of purchase order to Ferguson Waterworks for the Neptune 360 annual maintenance subscription for remote read water meters and miscellaneous parts needed for water system maintenance operations.

2. SUMMARY
Neptune meters have been approved as the standard water meters in the City of Orange based on their accuracy, reliability and compatibility with our water billing system. Neptune Technologies 360 platform is needed to enhance remote meter accuracy and capabilities. Staff is requesting the authorization of an increase to the existing purchase order for Ferguson Waterworks in the amount of $85,000 for the Neptune 360 annual maintenance subscription.

3. RECOMMENDED ACTION
Approve the increase to the existing purchase order with Ferguson Waterworks in the amount of $85,000, for the Neptune 360 annual maintenance subscription.

4. FISCAL IMPACT
The expense for this increase to the existing Purchase Order is $ 85,000 and will be funded through Water (600):
600-5803-80101 Furniture Fixture Equipment

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology.

6. DISCUSSION AND BACKGROUND
The City of Orange Public Works Department Water Division uses mobile (radio read) water meters to gather water consumption data for the various water users in the City.

Neptune Technology Group, Inc. recently rolled out the Neptune 360 Data Management Platform to enhance the mobile meter reading capability. The platform allows the Water Division to collect more accurate water metering data faster while also enabling identification of potential leaks, excessive consumption, and reverse flow at the meters.

Ferguson Waterworks is the sole Neptune Water Meters distributor who has been supplying meters to the City and will also be handling the Neptune 360 subscription. In June 2025, City Council City of Orange Printed on 2/5/2026Page 1 of 2
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Item #: 3.7. 2/10/2026 File #: 26-0026
to the City and will also be handling the Neptune 360 subscription. In June 2025, City Council approved the original purchase order to Ferguson in the amount of $700,000. This request will authorize additional funding for the Neptune 360 subscription and bring the total PO amount to $785,000.

7. ATTACHMENTS
· None
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Agenda Item
Orange City Council
Item #: 3.7. 2/10/2026 File #: 26-0026
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION
Approve the increase to the existing purchase order with Ferguson Waterworks in the amount of $85,000, for the Neptune 360 annual maintenance subscription.

4. FISCAL IMPACT
The expense for this increase to the existing Purchase Order is $ 85,000 and will be funded through Water (600):
600-5803-80101 Furniture Fixture Equipment

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology.

6. DISCUSSION AND BACKGROUND
The City of Orange Public Works Department Water Division uses mobile (radio read) water meters to gather water consumption data for the various water users in the City.

Ferguson Waterworks is the sole Neptune Water Meters distributor who has been supplying meters to the City and will also be handling the Neptune 360 subscription. In June 2025, City Council City of Orange Printed on 2/5/2026Page 1 of 2
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Item #: 3.7. 2/10/2026 File #: 26-0026
to the City and will also be handling the Neptune 360 subscription. In June 2025, City Council approved the original purchase order to Ferguson in the amount of $700,000. This request will authorize additional funding for the Neptune 360 subscription and bring the total PO amount to $785,000.

7. ATTACHMENTS
· None
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Agenda Item
Orange City Council
Item #: 3.8. 2/10/2026 File #: 26-0048
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk / City Clerk Services Director

1. SUBJECT
Establish the order of business for all Regular, Adjourned, and Special City Council Meetings.

Resolution No. 11656.

2. SUMMARY
Adoption of Resolution No. 11656 will establish the City’scurrent order of business for all Regular, Adjourned, and Special City Council meetings and repeal Resolution No. 8946.

3. RECOMMENDED ACTION
Adopt Resolution No. 11656. A Resolution of the City Council of the City of Orange, establishing a new agenda format for all Regular, Adjourned, and Special City Council Meetings and repealing Resolution No. 8946.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life.

6. DISCUSSION AND BACKGROUND
On May 26, 1998, the City Council adopted Resolution No. 8946 which established the order of business for all City Council Meetings. Resolution No. 8946 no longer reflects the City’scurrent order of business; therefore, it is requested Resolution No. 8946 be repealed and Resolution No. 11656 be adopted establishing the current order of business at all Regular, Adjourned, and Special City Council Meetings.

7. ATTACHMENTS
· Resolution No. 11656
· Resolution No. 8946
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Agenda Item
Orange City Council
Item #: 3.8. 2/10/2026 File #: 26-0048
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk / City Clerk Services Director

1. SUBJECT
Establish the order of business for all Regular, Adjourned, and Special City Council Meetings.

Resolution No. 11656.

2. SUMMARY
Adoption of Resolution No. 11656 will establish the City’scurrent order of business for all Regular, Adjourned, and Special City Council meetings and repeal Resolution No. 8946.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life.

7. ATTACHMENTS
· Resolution No. 11656
· Resolution No. 8946
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RESOLUTION NO. 11656

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE ESTABLISHING A NEW AGENDA

FORMAT FOR ALL REGULAR, ADJOURNED, AND

SPECIAL COUNCIL MEETINGS AND REPEALING
RESOLUTION NO. 8946

WHEREAS, the City Council has determined that the thereinafter described revised agenda format should be adopted and the Resolution No. 8946 setting forth the order of business of the City Council should be repealed.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the following agenda format be established as the order of business to be considered at all regular, adjourned, regular, and special Council meetings:

5:00 P.M. CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

3. RECESS TO CLOSED SESSION

4. CLOSED SESSION REPORT

5. ADJOURNMENT

6:00 P.M. REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS

1.5 REPORT ON CLOSED SESSION ACTIONS

180
2 2. PUBLIC COMMENTS

3. CONSENT CALENDAR

4. REPORTS FROM MAYOR SLATER

5. REPORTS FROM COUNCILMEMBERS

6. AB 1234 REPORTS

7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

8. REPORTS FROM CITY MANAGER

9. PUBLIC HEARINGS

10. ADMINISTRATIVE REPORTS

11. LEGAL AFFAIRS

12. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE

REDEVELOPMENT AGENCY

13. ITEMS RELATING TO THE INDUSTRIAL DEVELOPMENT AUTHORITY

14. ITEMS RELATING TO THEORANGE CITY PUBLIC FACILITIES

FINANCING AUTHORITY

15. ADJOURNMENT

ADOPTED this 10th day of February, 2026.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

181
3 APPROVED AS TO FORM:

Nathalie Adourian, 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 10th day of February 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
182
RESOLUTION NO. 8946

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ORANGE ESTABLISHING A NEW AGENDA FORMAT

FOR ALL REGULAR, ADJOURNED, AND SPECIAL COUNCIL
MEETINGS AND REPEALING RESOLUTION NO. 3862
WHEREAS, the City Council has determined that the hereinafter described revised agendaformat should be adopted and that Resolution No. 3862 setting forth the order of business ofthe City Council should be repealed.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the following agendaformat be established as the order of business to be considered at all regular, adjourned regular and special Council meetings:
4: 30 P, M, SESSION
I. OPENING

1. 1 INVOCATION

1. 2 PLEDGE OF ALLEGIANCE TO THE FLAG
I. 3 ROLL CALL
PRESENT:

ABSENT:

1.4 PRESENTATIONS/ ANNOUNCEMENTS/PROCLAMATIONS
2, PUBLIC COMMENTS
At this time, members of the public may address the Council on any off- agenda items withinthe subject matter jurisdictionof the Council providedthat NO action maybe taken on off- agenda items unlessauthorizedby law.

Commentsare limited to threeminutes
per person. 3.

CONSENTCALENDAR 4. REPORTS
FROM MAYOR 5. REPORTS
FROM COUNCILMEMBERS6, REPORTS FROM BOARDS, COMMITTEES
AND
183

7. REPORTS FROM CITY MANAGER
8, ADMINISTRATIVE REPORTS

9. LEGAL AFFAIRS

10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY

11. RECESS TO CLOSED SESSION
7: 00 P, M. SESSION
12, PUBLIC COMMENTS
At this time, members of the public may address the Council on any off- agendaitems withinthe subject matter jurisdictionof the Council providedthat NO action maybe taken on off- agenda items unlessauthorizedby law.

Commentsare limited to threeminutes
per person. 13.

PUBLICHEARINGS
Staff Report Open
Public Hearing
Applicant Report CouncilComments
and Questions
Public CommentClose
Public Hearing
Council Action 14, PLANNING

AND ENVIRONMENT
IS. ADJOURNMENTADOPTEDTHIS26thday of
May,
1998.

II
v'
184
ATTEST:

A. U~~ ~~ p~
Cassandra J. Cat
City Clerk ofthe City of Orange
I hereby certifY that the foregoing Resolution was duly and regularly adoptedby the City Council of the City of Orange at a regular meeting thereof held on the 26th day of May, 1998 by the following vote:

AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON

ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
A-
1Afcf'/~~~
4- CassandraJ.
cart City Clerkof the Cityof
Orange
185
Agenda Item
Orange City Council
Item #: 3.9. 2/10/2026 File #: 26-0018
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Side Letter Agreement between the City of Orange and the City of Orange Police Association.

Resolution No. 11657.

2. SUMMARY
Resolution No. 11657. A Side Letter Agreement between the City of Orange and the City of Orange Police Association to retroactively change language and administration of the existing Holidays provision within Resolution No. 11516.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11657. A Resolution of the City Council of the City of Orange establishing side letter agreement between the City of Orange and the City of Orange Police Association, effective January 1, 2021 through and including June 30, 2026.

2. Authorize staff to implement terms and incorporate the Side Letter Agreement into a future Memorandum of Understanding.

4. FISCAL IMPACT
This language clean up action has very minimal fiscal impact.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

6. DISCUSSION AND BACKGROUND
The City recently became aware that the California Public Employees' Retirement System (CalPERS) reviewed the Memorandum of Understanding (MOU) for the City of Orange Police Association as part of a compensation review for a retiree. As part of this review, CalPERS determined that the Association’sHolidays provision language and application is not compliant with the California Public Employees’ Retirement Law (PERL) and the California Code of Regulations (CCR), and not in alignment with the intent of the benefit.

In order to rectify this matter, modifications to the language and administration of this benefit must be made and approved by City Council. CalPERS recommends retroactively applying these changes five (5) years to ensure the pensions of current and future retirees from this bargaining group are not City of Orange Printed on 2/5/2026Page 1 of 2
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Item #: 3.9. 2/10/2026 File #: 26-0018
impacted.

7. ATTACHMENTS
· Resolution No. 11657
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Agenda Item
Orange City Council
Item #: 3.9. 2/10/2026 File #: 26-0018
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Side Letter Agreement between the City of Orange and the City of Orange Police Association.

Resolution No. 11657.

3. RECOMMENDED ACTION

2. Authorize staff to implement terms and incorporate the Side Letter Agreement into a future Memorandum of Understanding.

4. FISCAL IMPACT
This language clean up action has very minimal fiscal impact.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

7. ATTACHMENTS
· Resolution No. 11657
City of Orange Printed on 2/5/2026Page 2 of 2
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RESOLUTION NO. 11657

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ESTABLISHING SIDE

LETTER AGREEMENT BETWEEN THE CITY OF

ORANGE AND THE CITY OF ORANGE POLICE
ASSOCIATION, EFFECTIVE JANUARY 1, 2021
THROUGH AND INCLUDING JUNE 30, 2026

WHEREAS, the City of Orange, hereinafter “City”, and the City of Orange Police Association, hereinafter “ Association”, are covered by the terms of a Memorandum of Understanding (MOU), adopted via Resolution No. 11516; and

WHEREAS, the City recently became aware that the California Public Employees' Retirement System (CalPERS) reviewed the MOU for the Association as part of a compensation review for a City of Orange retiree; and

WHEREAS, as part of this review, CalPERS determined that the Association’s Holidays provision language and application is not compliant with the California Public Employees’ Retirement Law (PERL) and the California Code of Regulations (CCR).

WHEREAS, in order to rectify this matter, a Side Letter Agreement is required by CalPERS.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached Side Letter Agreement is approved and incorporated by reference as Exhibit A.

ADOPTED this 10th day of February 2026.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney, City of Orange
190
2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

Attachment: Exhibit A
191

EXHIBIT A

A SIDE LETTER AGREEMENT

BETWEEN THE CITY OF ORANGE AND

THE CITY OF ORANGE POLICE ASSOCIATION
EFFECTIVE JANUARY 1, 2021 THROUGH AND INCLUDING JUNE 30, 2026

This Side Letter Agreement is entered into by and between the City of Orange and the City of Orange Police Association.

Recitals

A. The City of Orange, hereinafter “City”, and the City of Orange Police Association, hereinafter “Association”, hereby enter into this Side Letter Agreement with an effective date of January 1, 2021.

B. All references to the “MOU” in this Side Letter Agreement shall be to that Memorandum of Understanding by and between the City and the Association adopted by City Council Resolution No. 11516, or as amended. Except as to those provisions which expressly addressed by this Side Letter Agreement, the terms and conditions of the MOU remain operative.

Agreement

The Holidays provision (MOU Article XIII) is hereby modified in its entirety as follows:

SECTION 1.

A. All classifications in this Association (sworn and non -sworn) work without regard to holidays and all three (3) sections of this Article apply to all classifications (sworn and non-sworn).

B. Each January 1st, all employees in this Association shall receive 105 hours of holiday pay.

New employees shall receive a prorated amount of holiday pay hours at the rate of one - twelfth (1/12) of the hours per month employment begins and the remaining months in the calendar year. For example, an employee who is new to the Association on August 2 7th shall receive five-twelfths (5/12) of 105 hours upon hire.

C. Sworn PEPRA CalPERS Members:

a. These employees shall receive their hours of holiday pay as time off or convert it to cash within the calendar year it is earned. Unused holiday pay hours may be cashed out at any time, upon request by the employee. Holiday pay hours not used or cashed out shall automatically be paid out in the final paycheck in December.

192

b. Holiday pay hours taken as time off shall be taken at the convenience of the City with the approval of the Police Chief or a duly authorized designee.

c. Holiday pay hours shall not be reported to CalPERS as special compensation and is not compensation earnable for Classic M embers pursuant to CalPERS Regulations, Section 571.1(b)(3).

d. Effective January 1, 2026, these employees shall only receive their hours of holiday pay in equal bi-weekly payments.

e. Effective January 1, 2026, holiday pay hours shall be reported to CalPERS as special compensation and is pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

D. Sworn Classic CalPERS Members:

a. These employees shall receive their hours of holiday pay as time off or convert it to cash within the calendar year it is earned. Unused holiday pay hours may be cashed out within the calendar year it is accrued, upon request by the employee.

Holiday pay hours not used or cashed out shall automatically be paid out in the final paycheck in December.

b. Holiday pay hours taken as time off shall be taken at the convenience of the City with the approval of the Police Chief or a duly authorized designee.

c. Holiday pay hours shall be reported to CalPERS as special compensation and is compensation earnable for Classic M embers pursuant to CalPERS Regulations, Section 571(a)(5).

E. Non-sworn PEPRA CalPERS Members:

b. Holiday pay hours taken as time off shall be taken at the convenience of the City with the approval of the Police Chief or a duly authorized designee.

c. Holiday pay hours shall not be reported CalPERS as special compensation and is not pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

F. Non-sworn Classic CalPERS Members:

a. These employees shall receive their hours of holiday pay as time off or convert it to cash within the calendar year it is earned. Unused holiday pay hours may be 193

cashed out at any time, upon request by the employee. Holiday pay hours not used or cashed out shall automatically be paid out in the final paycheck in December.

b. Holiday pay hours taken as time off shall be taken at the convenience of the City with the approval of the Police Chief or a duly authorized designee.

c. Holiday pay hours shall be reported to CalPERS as special compensation and is compensation earnable for Classic M embers pursuant to CalPERS Regulations, Section 571(a)(5).

SECTION 2. The 105 holiday pay hours all employees in this Association receive each January 1st are for the designated holidays below. Employees working on holidays designated below shall receive their regular straight time hourly pay for hours worked within their regular schedule.

Hours worked on a holiday in excess of an employee’s regularly scheduled hours shall be paid in accordance with the applicable Overtime provision within this MOU.

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 25th (Christmas Day)

SECTION 3. Upon separation from the City, an employee covered by this MOU shall receive all remaining holiday pay in cash.

CITY OF ORANGE CITY OF ORANGE POLICE ASSOCIATION

Dated: Dated:

By: By:

Monica Espinoza, Human Resources Director Yash Patel, President

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney
194
Agenda Item
Orange City Council
Item #: 8.1. 2/10/2026 File #: 25-0700
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Fiscal Year 2024-2025 General Fund Report.

2. SUMMARY
The Fiscal Year 2024-25 annual audit is near completion, and staff are prepared to report on the unaudited actuals, focusing on the General Fund. The Annual Comprehensive Financial Report is being finalized and tentatively scheduled to be received and filed with the City Council next month.

3. RECOMMENDED ACTION

1. Receive and file the Fiscal Year 2024-25 Year-end Financial Report, focusing on the General Fund.

2. Approve the Purchase Order carryover requests of $14,746,733 and continuing appropriations of $4,312,319.49 for all funds.

4. FISCAL IMPACT
The appropriations are from unspent funding in Fiscal Year 2024-25.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

6. DISCUSSION AND BACKGROUND

BACKGROUND
Fiscal Year 2025 Summary
The City’sannual audit started in late October and the field work was completed early January 2026.

The Annual Comprehensive Financial Report (ACFR) is being finalized, and staff has prepared the unaudited actuals, focusing on the General Fund. Staff will present the ACFR and audited results to the Audit Committee in February before returning to the City Council for receive and file.

The Fiscal Year 2024-25 (FY25) General Fund Adopted Budget for revenue was $153.7 million and expenditure of $159.7 million. The General Fund closed FY25 with a total revenue of just over $158.7 million and expenditure of over $159.4 million, resulting in a deficit of almost $700,000. The ending fund balance at June 30, 2025 was $28.5 million, of which $26.4 million is catastrophic reserve and just over $169,000 in undesignated fund balance.

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Item #: 8.1. 2/10/2026 File #: 25-0700
Accounting Changes
Internal Service Funds (ISFs) are commonly used as a financial planning tool to smooth large and irregular expenditure over time and to support reporting compliance with actuarial requirements for self-insurance programs. The City historically maintained nine ISF’s to account for equipment maintenance, vehicle and computer replacement, major building improvements, self-insurance, and information systems operations, with the General Fund serving as the primary funding source.

At the close of Fiscal Year 2025, four of the ISF’swere consolidated into the General Fund for two primary reasons. First, these programs incur routine, recurring annual operating expenses rather than intermittent or long-term costs typically suited for ISF. Second, the Equipment Maintenance Fund has experienced an ongoing structural deficit since Fiscal Year 2016.

The consolidation of the Equipment Maintenance, Major Building Improvements, Dental Insurance, and Information Systems Operations funds into the General Fund improves transparency by fully reflecting the City’strue operating costs and eliminating the need for interfund transfers to subsidize ongoing deficits. Details for revenue and expenditure, combining the General Fund and ISFs, will be discussed later in the report.

DISCUSSION
General Fund Revenue
The FY25 General Fund revenue is approximately $158.7 million, including transfers and 1-time revenues. Actuals were slightly more than the FY25 revised budget by almost $120,000 or 0.1%.

While actuals were consistent with what was budgeted, details on the variance comparing the Fiscal Year 2023-24 (FY24) within various categories are summarized in Table 1.

Compared to FY24, the General Fund total revenue, including transfers in, increased by over $12 million or 8%. The three largest contributors to the increases from FY24 were the consolidation of the ISFs, Property Tax, and Fine and Forfeitures.
· Revenues in the Internal Service Revenues category increased by about $11.8 million or over 325% compared to FY24. However, $8.4 million is the result of the consolidation of the ISFs, including funds previously designated for fleet maintenance, IT operations, and major building repairs. The remaining $3.4 million is attributed to the new cost allocation plan. · Property tax revenues increased by approximately $3.1 million, or 5.7%, compared to FY24 actuals. This increase is primarily attributable to the annual 2% CPI adjustment, with the remaining growth resulting from higher property transfer tax activity. · Revenue from Fines and Forfeitures increased by almost $881,000 or 50.4% compared to the FY24 actuals. This is mostly due to increased parking violation enforcement for street sweeping related violations.

Table 1: FY25 Unaudited General Fund - Revenues
FY24 Actual FY25
Revised
Budget
FY25 Actual Changes
from FY24
Property Tax $54,579,940 $55,710,900 $57,658,841 $3,078,901 Sales Tax 50,610,366 51,617,688 49,355,015 -1,255,351 Transient Occupancy Tax
(TOT)
6,092,658 5,850,000 6,150,976 58,318
Franchise 2,981,298 3,220,194 2,753,299 -227,999
License & Permit 7,206,692 7,106,173 6,396,387 -810,305 Fine & Forfeiture 1,747,538 1,655,800 2,628,786 881,248 Use of Money & Property 4,794,620 3,076,751 3,815,519 -979,101 Revenue from Other
Agencies
3,570,197 2,051,915 3,002,532 -567,665
Fee for Services 6,851,807 6,061,669 6,602,124 -249,683 Miscellaneous Revenue 1,958,560 3,222,295 1,870,906 -87,654 Internal Service Charges 3,635,631 16,015,328 15,474,265 11,838,634 Total Operating Revenues
144,029,307
155,588,713
155,708,650
8,375,692
Transfers in 2,629,049 3,000,000 3,000,000 370,951
Total Revenues $146,658,469 $158,588,713 $158,708,650 12,050,181 City of Orange Printed on 2/5/2026Page 2 of 5
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Item #: 8.1. 2/10/2026 File #: 25-0700
FY24 Actual FY25
Revised
Budget
FY25 Actual Changes
from FY24
Property Tax $54,579,940 $55,710,900 $57,658,841 $3,078,901 Sales Tax 50,610,366 51,617,688 49,355,015 -1,255,351 Transient Occupancy Tax
(TOT)
6,092,658 5,850,000 6,150,976 58,318
Franchise 2,981,298 3,220,194 2,753,299 -227,999
License & Permit 7,206,692 7,106,173 6,396,387 -810,305 Fine & Forfeiture 1,747,538 1,655,800 2,628,786 881,248 Use of Money & Property 4,794,620 3,076,751 3,815,519 -979,101 Revenue from Other
Agencies
3,570,197 2,051,915 3,002,532 -567,665
Fee for Services 6,851,807 6,061,669 6,602,124 -249,683 Miscellaneous Revenue 1,958,560 3,222,295 1,870,906 -87,654 Internal Service Charges 3,635,631 16,015,328 15,474,265 11,838,634 Total Operating Revenues
144,029,307
155,588,713
155,708,650
8,375,692
Transfers in 2,629,049 3,000,000 3,000,000 370,951
Total Revenues $146,658,469 $158,588,713 $158,708,650 12,050,181 General Fund Expenditure
The FY25 General Fund expenditure is $159.4 million, leaving an unspent budget of $9.7 million. The two largest unspent budget categories are in salaries and benefits and miscellaneous expenditure for $5.9 million and $1.6 million, respectively. However, it is important to note that some of the unspent budget has been committed and/or restricted, and will need to be carried over to Fiscal Year 2025-26 (FY26).

When comparing the General Fund expenditure to FY24, total expenditure, including transfers, increased by approximately $15.5 million or 10.8%. The increase is mostly attributed to the consolidation of ISFs contributing to more than $10.6 million or 69% of the increase compared to the previous year. Salaries and benefits increased by about $3 million and accounted for 19% of the increase. The Details on the variance compared the FY24 are summarized in Table 2.

Table 2: FY25 Unaudited General Fund - Expenditure
FY24 Actual FY 25 Revised
Budget
FY 25 Actual Changes
from FY24
Salaries & Benefits $100,385,131 $110,288,544 $104,365,095 $3,979,964 Contractual Services 15,545,853 6,002,855 6,141,942 -9,403,911 Materials & Supplies 2,227,988 6,296,969 4,851,803 2,623,815 Repair & Maintenance - 8,087,496 6,865,145 6,865,145
Utility Charges - 3,044,524 3,321,195 3,321,195
Capital Outlay 135,064 1,306,375 1,006,636 871,572
Misc. Expenses 282,313 2,532,872 961,385 679,072
Debt Services 1,711,460 17,519,111 17,377,333 15,665,873 Internal Service Costs 23,636,031 14,029,588 14,029,588 -9,606,443 Total Operating
Expenses
143,923,840 169,108,334 159,407,802 15,483,962
Transfers Out - - 487,680 487,680
Total Expenses 143,923,840 169,108,334 159,407,802 15,483,962 City of Orange Printed on 2/5/2026Page 3 of 5
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Item #: 8.1. 2/10/2026 File #: 25-0700
FY24 Actual FY 25 Revised
Budget
FY 25 Actual Changes
from FY24
Salaries & Benefits $100,385,131 $110,288,544 $104,365,095 $3,979,964 Contractual Services 15,545,853 6,002,855 6,141,942 -9,403,911 Materials & Supplies 2,227,988 6,296,969 4,851,803 2,623,815 Repair & Maintenance - 8,087,496 6,865,145 6,865,145
Utility Charges - 3,044,524 3,321,195 3,321,195
Capital Outlay 135,064 1,306,375 1,006,636 871,572
Misc. Expenses 282,313 2,532,872 961,385 679,072
Debt Services 1,711,460 17,519,111 17,377,333 15,665,873 Internal Service Costs 23,636,031 14,029,588 14,029,588 -9,606,443 Total Operating
Expenses
143,923,840 169,108,334 159,407,802 15,483,962
Transfers Out - - 487,680 487,680
Total Expenses 143,923,840 169,108,334 159,407,802 15,483,962 General Fund Carryover
Staff are requesting $2,003,807 to be carried over to FY25 for ongoing projects that have been committed and for grants and/or donations that were received for a specific purpose. At the end of FY25, staff are requesting $787,103 or 8% of the unspent General Fund balance be carried over to FY25 for ongoing projects and commitments (attached). Staff are also requesting a continuing appropriation of $1.2 million for grants and donations that were received in FY25 but have not been spent (attached).

Other Funds Carryover
In addition to the General Fund carryovers, year-end closing for FY25 identified a total of $17.1 million in continuing appropriations and purchase order carryovers, as detailed in the attached schedules. This amount reflects purchase orders and appropriations that remained open at fiscal year-end and determined to be justified obligations at fiscal year end. While these balances are identified for carryover purposes, not all amounts will ultimately be carried forward into the subsequent fiscal year.

General Fund - Fund Balance
At the end of FY25, the General Fund had an operating deficit of approximately $700,000, including transfers. Total revenue of $158.7 million and expenditure of $159.4 million. However, it is important to note that the deficit was not a direct result of the General Fund’sunderperformance, but rather from the consolidation of four ISFs that the General Fund supports almost exclusively. After setting aside for catastrophic reserve and carryover, the General Fund closed FY25 with an undesignated fund balance $169,174, a decrease of $1.4 million from FY24.

Table 3: FY25 Unaudited General Fund - Fund Balance
FY24 Actual FY25 Actual Variance to
FY24
Beginning Fund Balance $24,228,416 $29,252,874 $5,024,458 Operating Revenues 144,029,307 155,708,650 11,679,343
Transfers in 2,629,162 3,000,000 370,838
Total Revenues 146,658,469 158,705,650 12,050,181
Operating Expenditures 143,923,841 158,920,122 14,996,281 Transfers out - 487,680 487,680
Total Expenditures 143,923,841 159,407,802 15,483,961
Surplus/(Deficit) 2,734,628 -699,152 -3,433,780
Ending Fund Balance 26,963,044 28,553,772 1,590,678
Catastrophic Reserve 23,891,358 26,380,740 2,489,383
Committed/Carryover 1,477,565 2,003,807 526,242
Undesignated Fund Balance $1,594,121 169,174 -$1,424,947 City of Orange Printed on 2/5/2026Page 4 of 5
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Item #: 8.1. 2/10/2026 File #: 25-0700
FY24 Actual FY25 Actual Variance to
FY24
Beginning Fund Balance $24,228,416 $29,252,874 $5,024,458 Operating Revenues 144,029,307 155,708,650 11,679,343
Transfers in 2,629,162 3,000,000 370,838
Total Revenues 146,658,469 158,705,650 12,050,181
Operating Expenditures 143,923,841 158,920,122 14,996,281 Transfers out - 487,680 487,680
Total Expenditures 143,923,841 159,407,802 15,483,961
Surplus/(Deficit) 2,734,628 -699,152 -3,433,780
Ending Fund Balance 26,963,044 28,553,772 1,590,678
Catastrophic Reserve 23,891,358 26,380,740 2,489,383
Committed/Carryover 1,477,565 2,003,807 526,242
Undesignated Fund Balance $1,594,121 169,174 -$1,424,947 In closing, the City’s unaudited General Fund continued to display slow revenue growth and controlled expenditures through position vacancies, with year-over-year changes largely driven by the strategic consolidation of ISF’sthat had previously been fully supported by the General Fund.

While the consolidation resulted in a modest operating deficit and an undesignated fund balance at year-end, this outcome improves long-term transparency and more accurately reflects the City’strue operating costs within the General Fund.

7. ATTACHMENTS
· Purchase Order Carryover Listing
· Continuing Appropriation Listing
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Agenda Item
Orange City Council
Item #: 8.1. 2/10/2026 File #: 25-0700
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Fiscal Year 2024-2025 General Fund Report.

3. RECOMMENDED ACTION

1. Receive and file the Fiscal Year 2024-25 Year-end Financial Report, focusing on the General Fund.

2. Approve the Purchase Order carryover requests of $14,746, 733 and continuing appropriations of $4,312,319.49 for all funds.

4. FISCAL IMPACT
The appropriations are from unspent funding in Fiscal Year 2024-25.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

6. DISCUSSION AND BACKGROUND

BACKGROUND
Fiscal Year 2025 Summary
The City’sannual audit started in late October and the field work was completed early January 2026.

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Item #: 8.1. 2/10/2026 File #: 25-0700
Accounting Changes
Internal Service Funds (ISFs) are commonly used as a financial planning tool to smooth large and irregular expenditure over time and to support reporting compliance with actuarial requirements for self-insurance programs. The City historically maintained nine ISF’s to account for equipment maintenance, vehicle and computer replacement, major building improvements, self-insurance, and information systems operations, with the General Fund serving as the primary funding source.

While actuals were consistent with what was budgeted, details on the variance comparing the Fiscal Year 2023-24 (FY24) within various categories are summarized in Table 1.

Table 1: FY25 Unaudited General Fund - Revenues
FY24 Actual FY25
Revised
Budget
FY25 Actual Changes
from FY24
Property Tax $54,579,940 $55,710,900 $57,658,841 $3,078,901 Sales Tax 50,610,366 51,617,688 49,355,015 -1,255,351 Transient Occupancy Tax
(TOT)
6,092,658 5,850,000 6,150,976 58,318
Franchise 2,981,298 3,220,194 2,753,299 -227,999
License & Permit 7,206,692 7,106,173 6,396,387 -810,305 Fine & Forfeiture 1,747,538 1,655,800 2,628,786 881,248 Use of Money & Property 4,794,620 3,076,751 3,815,519 -979,101 Revenue from Other
Agencies
3,570,197 2,051,915 3,002,532 -567,665
Fee for Services 6,851,807 6,061,669 6,602,124 -249,683 Miscellaneous Revenue 1,958,560 3,222,295 1,870,906 -87,654 Internal Service Charges 3,635,631 16,015,328 15,474,265 11,838,634 Total Operating Revenues
144,029,307
155,588,713
155,708,650
8,375,692
Transfers in 2,629,049 3,000,000 3,000,000 370,951
Total Revenues $146,658,469 $158,588,713 $158,708,650 12,050,181 City of Orange Printed on 2/5/2026Page 2 of 5
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Item #: 8.1. 2/10/2026 File #: 25-0700
FY24 Actual FY25
Revised
Budget
FY25 Actual Changes
from FY24
Property Tax $54,579,940 $55,710,900 $57,658,841 $3,078,901 Sales Tax 50,610,366 51,617,688 49,355,015 -1,255,351 Transient Occupancy Tax
(TOT)
6,092,658 5,850,000 6,150,976 58,318
Franchise 2,981,298 3,220,194 2,753,299 -227,999
License & Permit 7,206,692 7,106,173 6,396,387 -810,305 Fine & Forfeiture 1,747,538 1,655,800 2,628,786 881,248 Use of Money & Property 4,794,620 3,076,751 3,815,519 -979,101 Revenue from Other
Agencies
3,570,197 2,051,915 3,002,532 -567,665
Fee for Services 6,851,807 6,061,669 6,602,124 -249,683 Miscellaneous Revenue 1,958,560 3,222,295 1,870,906 -87,654 Internal Service Charges 3,635,631 16,015,328 15,474,265 11,838,634 Total Operating Revenues
144,029,307
155,588,713
155,708,650
8,375,692
Transfers in 2,629,049 3,000,000 3,000,000 370,951
Total Revenues $146,658,469 $158,588,713 $158,708,650 12,050,181 General Fund Expenditure
The FY25 General Fund expenditure is $159.4 million, leaving an unspent budget of $9.7 million. The two largest unspent budget categories are in salaries and benefits and miscellaneous expenditure for $5.9 million and $1.6 million, respectively. However, it is important to note that some of the unspent budget has been committed and/or restricted, and will need to be carried over to Fiscal Year 2025-26 (FY26).

Table 2: FY25 Unaudited General Fund - Expenditure
FY24 Actual FY 25 Revised
Budget
FY 25 Actual Changes
from FY24
Salaries & Benefits $100,385,131 $110,288,544 $104,365,095 $3,979,964 Contractual Services 15,545,853 6,002,855 6,141,942 -9,403,911 Materials & Supplies 2,227,988 6,296,969 4,851,803 2,623,815 Repair & Maintenance - 8,087,496 6,865,145 6,865,145
Utility Charges - 3,044,524 3,321,195 3,321,195
Capital Outlay 135,064 1,306,375 1,006,636 871,572
Misc. Expenses 282,313 2,532,872 961,385 679,072
Debt Services 1,711,460 17,519,111 17,377,333 15,665,873 Internal Service Costs 23,636,031 14,029,588 14,029,588 -9,606,443 Total Operating
Expenses
143,923,840 169,108,334 159,407,802 15,483,962
Transfers Out - - 487,680 487,680
Total Expenses 143,923,840 169,108,334 159,407,802 15,483,962 City of Orange Printed on 2/5/2026Page 3 of 5
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Item #: 8.1. 2/10/2026 File #: 25-0700
FY24 Actual FY 25 Revised
Budget
FY 25 Actual Changes
from FY24
Salaries & Benefits $100,385,131 $110,288,544 $104,365,095 $3,979,964 Contractual Services 15,545,853 6,002,855 6,141,942 -9,403,911 Materials & Supplies 2,227,988 6,296,969 4,851,803 2,623,815 Repair & Maintenance - 8,087,496 6,865,145 6,865,145
Utility Charges - 3,044,524 3,321,195 3,321,195
Capital Outlay 135,064 1,306,375 1,006,636 871,572
Misc. Expenses 282,313 2,532,872 961,385 679,072
Debt Services 1,711,460 17,519,111 17,377,333 15,665,873 Internal Service Costs 23,636,031 14,029,588 14,029,588 -9,606,443 Total Operating
Expenses
143,923,840 169,108,334 159,407,802 15,483,962
Transfers Out - - 487,680 487,680
Total Expenses 143,923,840 169,108,334 159,407,802 15,483,962 General Fund Carryover
Staff are requesting $2,003,807 to be carried over to FY25 for ongoing projects that have been committed and for grants and/or donations that were received for a specific purpose. At the end of FY25, staff are requesting $787,103 or 8% of the unspent General Fund balance be carried over to FY25 for ongoing projects and commitments (attached). Staff are also requesting a continuing appropriation of $1.2 million for grants and donations that were received in FY25 but have not been spent (attached).

Table 3: FY25 Unaudited General Fund - Fund Balance
FY24 Actual FY25 Actual Variance to
FY24
Beginning Fund Balance $24,228,416 $29,252,874 $5,024,458 Operating Revenues 144,029,307 155,708,650 11,679,343
Transfers in 2,629,162 3,000,000 370,838
Total Revenues 146,658,469 158,705,650 12,050,181
Operating Expenditures 143,923,841 158,920,122 14,996,281 Transfers out - 487,680 487,680
Total Expenditures 143,923,841 159,407,802 15,483,961
Surplus/(Deficit) 2,734,628 -699,152 -3,433,780
Ending Fund Balance 26,963,044 28,553,772 1,590,678
Catastrophic Reserve 23,891,358 26,380,740 2,489,383
Committed/Carryover 1,477,565 2,003,807 526,242
Undesignated Fund Balance $1,594,121 169,174 -$1,424,947 City of Orange Printed on 2/5/2026Page 4 of 5
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Item #: 8.1. 2/10/2026 File #: 25-0700
FY24 Actual FY25 Actual Variance to
FY24
Beginning Fund Balance $24,228,416 $29,252,874 $5,024,458 Operating Revenues 144,029,307 155,708,650 11,679,343
Transfers in 2,629,162 3,000,000 370,838
Total Revenues 146,658,469 158,705,650 12,050,181
Operating Expenditures 143,923,841 158,920,122 14,996,281 Transfers out - 487,680 487,680
Total Expenditures 143,923,841 159,407,802 15,483,961
Surplus/(Deficit) 2,734,628 -699,152 -3,433,780
Ending Fund Balance 26,963,044 28,553,772 1,590,678
Catastrophic Reserve 23,891,358 26,380,740 2,489,383
Committed/Carryover 1,477,565 2,003,807 526,242
Undesignated Fund Balance $1,594,121 169,174 -$1,424,947 In closing, the City’s unaudited General Fund continued to display slow revenue growth and controlled expenditures through position vacancies, with year-over-year changes largely driven by the strategic consolidation of ISF’sthat had previously been fully supported by the General Fund.

7. ATTACHMENTS
· Purchase Order Carryover Listing
· Continuing Appropriation Listing
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FY 2024-25 YEAR END REPORT
Fund Fund Name Fund Total Amount
100 GENERAL FUND 732,845 $
105 REIMBURSABLE 195
200 1% PEG PROGRAM 14,160
210 GENERAL PLAN UPDATE 54,063
226 OPIOD SETTLEMENT 50,912
263 MEASURE M - TRAFFIC IMPROVEMENT 978,552
270 GAS TAX 25,265
287 TRANSPORATION SYSTEM (TSIP) 210,581
291 SANITAGO HILLS LANDSCAPE 9,500
310 CDBG/HUD 532,040
353 FEDERAL POLICE GRANTS 11,805
355 ASSET SEIZURE - FEDERAL 31,632
412 STATE FUNDING - HCD 1,826,836
454 AB3229 COPS STATE 206,843
500 CAPITAL PROJECTS 283,495
510 DEVELOPER IMPACT FEES - PARKS 172,897
512 EL MODENA PARK CELL TOWER 2,750
550 REIMBURSABLE CAPITAL PROJECTS 899,387
555 PARKING IN LIEU 5,541
560 DEVELOPER IMPACT FEES - FIRE 81,190
570 DEVELOPER IMPACT FEES - POLICE 25,000
600 WATER 3,569,100
601 SEWER 1,924,419
720 VEHICLE REPLACEMENT 1,667,586
731 GENERAL LIABILITY 13,274
790 COMPUTER REPLACEMENT 1,283,336
902 LEASE REVENUE BOND 52,212
952 NW&SW MERGED 2003 TAXABLE BOND 59,081
954 MERGED 2008 TAX EXEMPT BOND 22,235
Total 14,746,733$

PURCHASE ORDER CARRYOVER LIST - FUND TOTALS
205
FY 2024-25 YEAR END REPORT
Fund Activity Account
Number Vendor Name Amount
Requested Department Total
Non-Departmental
100 0000 55999 GRANT THORNTON ADVISORS LLC 21,600$
550 0000 55999 TANDEM SOLUTIONS 13,440 $
35,040$
City Manager
100 1201 55999 THE LEW EDWARDS GROUP 30,000 $
100 1201 55999 TOWNSEND PUBLIC AFFAIRS INC 9,000$
39,000$
City Attorney
100 1301 55102 BURKE WILLIAMS AND SORENSEN 16,281$
100 1301 55102 COLANTUONO HIGHSMITH AND 14,288 $
731 1301 55102 KIMLEY-HORN AND ASSOCIATES INC 6,115$
731 1301 55102 BORDIN SEMMER LLP 7,159 $
43,843$
Information Technology
200 1601 80299 GRANICUS LLC 14,160 $
600 1601 80299 MAINTSTAR INC 98,049 $
601 1601 80299 MAINTSTAR INC 98,049 $
790 1601 80299 TYLER TECHNOLOGIES INC 495,322 $
790 1601 80299 MAINTSTAR INC 98,049 $
790 1601 80299 CPAC INC 603,855 $
1,407,485$
Finance
100 1801 55101 MATRIX CONSULTING GROUP LTD 2,600$
100 1801 55999 MGT IMPACT SOLUTIONS LLC 10,500 $
790 1801 55999 INTELLITIME SYSTEMS CORP 30,000 $
100 1842 56999 HINDERLITER, DE LLAMAS & ASSOC 6,359$
100 1842 53104 INFOSEND INC 6,028 $
100 1842 55104 INFOSEND INC 2,803 $
600 1843 80201 TYLER TECHNOLOGIES INC 162,172 $
600 1843 53104 INFOSEND INC 16,376 $
600 1843 55104 INFOSEND INC 10,242 $
100 1844 56999 MATRIX CONSULTING GROUP LTD 8,900$
255,980$
Library
100 2102 56101 33 LOCK INC 5,309 $
5,309$
Fire
560 3121 80101 MES SERVICE COMPANY LLC 81,190 $
81,190$
Police
100 4011 56101 CPAC INC 4,312 $
100 4011 55101 PREMIER FIRST RESPONDER PSYCH 17,850$
226 4011 54101 HIGH THREAT INNOVATIONS 50,912 $
353 4011 80101 PATRIOT3 INC 11,805 $
355 4011 80101 INSIGHT PUBLIC SECTOR INC 12,000 $
355 4011 80101 CDCE INC 9,250 $
454 4011 80101 LINEAR SYSTEMS 6,200 $
454 4011 53102 GALLS LLC 83,956 $
454 4011 53102 BPS TACTICAL INC 116,688 $
550 4011 80101 CENTRALSQUARE TECHNOLOGIES LLC 375,961$
570 4011 84101 MDJ MANAGEMENT LLC 25,000 $
790 4011 80101 LINEAR SYSTEMS 13,800 $

PURCHASE ORDER CARRYOVER LIST - BY DEPARTMENT
206
FY 2024-25 YEAR END REPORT
Fund Activity Account
Number Vendor Name Amount
Requested Department Total
Police Cont.
790 4011 80101 CENTRALSQUARE TECHNOLOGIES LLC 42,310$
355 4121 53199 FSOC LLC 5,915 $
355 4121 53199 PATRIOT3 INC 4,467 $
780,425$
Public Works
100 5001 55999 H F AND H CONSULTANTS LLC 34,230 $
100 5001 55999 TRIPEPI SMITH AND ASSOCIATES 65,076$
263 5101 87102 EAGLE AERIAL SOLUTIONS 4,800 $
263 5101 87102 CJ CONCRETE CONSTRUCTION INC 609,213$
287 5101 87102 MARK THOMAS & COMPANY INC 43,013$
287 5101 87102 CJ CONCRETE CONSTRUCTION INC 141,551$
500 5101 88101 AECOM TECHNICAL SERVICES INC 12,849$
550 5101 87102 AECOM TECHNICAL SERVICES INC 37,348$
550 5101 87102 MARK THOMAS & COMPANY INC 85,717$
601 5101 85101 RAMONA INC 1,049,345 $
601 5101 85101 EAGLE AERIAL SOLUTIONS 5,000 $
601 5101 85101 CEM CONSTRUCTION CORP 767,660 $
263 5201 56103 CJ CONCRETE CONSTRUCTION INC 54,851$
263 5201 56999 CJ CONCRETE CONSTRUCTION INC 39,169$
270 5201 56101 KENNEDY EQUIPMENT CO INC 132 $
100 5401 56999 IRV SEAVER MOTORCYCLES 2,395 $
720 5401 80301 HI-STANDARD AUTOMOTIVE, LLC 174,848$
720 5401 80301 MOTOROLA SOLUTIONS INC 6,447 $
720 5401 80301 NATIONAL AUTO FLEET GROUP 889,525$
720 5401 80301 REPUBLIC EVS LLC 596,766 $
291 5501 56103 ACADEMY ELECTRIC INC 9,500 $
100 5601 56101 DIVERSIFIED THERMAL SERVICES 10,000$
100 5601 56999 DIVERSIFIED THERMAL SERVICES 1,550$
270 5601 83101 GILLIS + PANICHAPAN ARCHITECTS 4,365$
500 5601 83101 GILLIS + PANICHAPAN ARCHITECTS 4,365$
500 5601 83101 DCSE ASSOCIATES INC 2,475 $
500 5601 84101 MDJ MANAGEMENT LLC 110,810 $
601 5601 83101 GILLIS + PANICHAPAN ARCHITECTS 4,365$
902 5601 84101 NEW DYNASTY CONSTRUCTION CO 52,212$
954 5601 84101 PBK ARCHITECTS 22,235 $
100 5702 53201 JTB SUPPLY CO 2,153 $
100 5703 55999 AGA ENGINEERS INC 6,110 $
263 5703 87101 FEHR & PEERS 96 $
287 5703 87101 ITERIS INC 7,346 $
550 5703 87101 ITERIS INC 61,300 $
550 5703 87102 ITERIS INC 7,979 $
550 5703 87101 FEHR & PEERS 862 $
555 5703 87101 DIXON RESOURCES UNLIMITED 5,541 $
263 5704 87101 CROSSTOWN ELECTRICAL & DATA 2,937$
263 5704 87101 AGA ENGINEERS INC 19,930 $
263 5704 87101 HILL&SMITH GROUP 14,979 $
263 5704 87101 REXEL USA INC 30,000 $
270 5704 87101 ECONOLITE CONTROL PRODUCTS INC 20,767$
287 5704 87101 ADVANTEC CONSULTING ENGINEERS 18,671$
500 5704 87101 JTB SUPPLY CO 9,000 $
500 5704 87101 FORTEL TRAFFIC INC 39,405 $
500 5704 87102 SOUTH COAST LIGHTING & DESIGN 30,000$
500 5704 87101 NEXTECH SYSTEMS INC 27,984 $
500 5704 87101 YUNEX LLC 17,437 $

PURCHASE ORDER CARRYOVER LIST - BY DEPARTMENT
207
FY 2024-25 YEAR END REPORT
Fund Activity Account
Number Vendor Name Amount
Requested Department Total
Public Works cont.
500 5704 87102 YUNEX LLC 9,185 $
500 5704 87101 CUBIC ITS INC 19,039 $
500 5704 87101 JMDIAZ INC 945 $
550 5704 87101 JMDIAZ INC 8,508 $
550 5802 85107 ENVIRONMENTAL CONSTRUCTION INC 308,273$
600 5802 53101 MUNICIPAL WATER DISTRICT OF ORANGE COUNTY18,544$ 600 5802 56102 GENERAL PUMP COMPANY 19,563 $
600 5802 85107 GENERAL PUMP COMPANY 9,206 $
600 5802 56102 GENERAL PUMP COMPANY 48,514 $
600 5802 85107 TETRA TECH INC 216,892 $
600 5802 87102 SOUTH COAST AUTOMATION 11,255 $
600 5802 55101 EAGLE AERIAL SOLUTIONS 5,000 $
600 5802 56101 LEVERAGE INFORMATION SYSTEMS 27,290$
600 5802 55101 TETRA TECH BAS INC 53,480 $
600 5802 56102 PURE PROCESS FILTRATION INC 63,977$
600 5802 85107 ENVIRONMENTAL CONSTRUCTION INC 549,746$
600 5802 55999 ALS GROUP USA INC 7,626 $
600 5802 55101 SOCAL SCADA SOLUTIONS LLC 11,588 $
600 5802 55101 RICHARD C SLADE AND ASSOC LLC 11,639$
600 5802 55101 JOHN ROBINSON CONSULTING INC 2,340$
600 5802 85107 BEST DRILLING AND PUMP INC 2,049,633$
600 5803 56102 UNDERGROUND SERVICE ALERT 723 $
600 5803 85106 CORRPRO COMPANIES INC 10,707 $
600 5803 56101 BAY CITY ELECTRIC WORKS INC 4,982 $
600 5803 85103 CEM CONSTRUCTION CORP 159,557 $
8,792,523$
Community Development
100 6001 53101 KUSTOM IMPRINTS 1,529 $
210 6001 55999 DOCUMENT & MICROFILM CONV 54,063$
100 6102 55999 CHATTEL INC 30,000 $
100 6102 55999 SAGECREST PLANNING&ENVIRONMNTL 14,990$
100 6103 various AMBER GREGG INC 60,900 $
100 6103 55101 SAGECREST PLANNING&ENVIRONMNTL 39,300$
100 6103 55999 SAGECREST PLANNING&ENVIRONMNTL 2,460$
100 6201 53102 KUSTOM IMPRINTS 1,000 $
100 6201 55999 WILLDAN ENGINEERING 192,440 $
100 6301 53102 KUSTOM IMPRINTS 420 $
310 6410 55999 FAIR HOUSING FOUNDATION 7,269 $
310 6411 50102 THE HUB OC 31,277 $
310 6411 50102 FAMILIES FORWARD 5,995 $
310 6411 89999 CALMEX ENGINEERING INC 487,499 $
412 6431 55999 THE HUB OC 1,826,836 $
2,755,978$
Community Services
100 7101 55999 CIVICPLUS INC 595 $
100 7104 55000 ORANGE ELDERLY SERVICES INC 8,274$
263 7104 55000 ORANGE ELDERLY SERVICES INC 202,577$
510 7201 84101 MOORE IACOFANO GOLTSMAN 101,303$
510 7201 84101 ICON SIGNS / RKSK GROUP INC 15,923 $
510 7201 84101 RHA LANDSCAPE ARCHITECTS 47,678 $
510 7201 84101 MICHAEL BAKER INTERNATIONAL 3,652$
510 7201 84101 TRUELINE CONSTRUCTION & 4,341 $
512 7201 84101 VERDE DESIGN INC 2,750 $
100 7203 56999 BIO AQUATICS LAKE MANAGEMENT 3,033$

PURCHASE ORDER CARRYOVER LIST - BY DEPARTMENT
208
FY 2024-25 YEAR END REPORT
Fund Activity Account
Number Vendor Name Amount
Requested Department Total
Community Services Cont.
100 7203 53201 CALIFORNIA POTTERY & TILE 13,427 $
100 7203 56999 CALIFORNIA WATERS DEVELOPMENT 3,353$
100 7203 56999 CAM SERVICES 562 $
100 7203 56999 DIVERSIFIED THERMAL SERVICES 67,862$
100 7203 56999 GRANITE MASTERS 750 $
100 7203 56999 MAJOR LEAGUE SOFTBALL INC 4,150 $
100 7203 55999 RHA LANDSCAPE ARCHITECTS 8,500 $
100 7203 56999 WEST COAST ARBORISTS INC 1,955 $
105 7203 56999 CAM SERVICES 195 $
490,879$
Economic Development
952 8001 various KOSMONT AND ASSOCIATES INC 58,646$
952 8001 55999 CITYTHINKERS INC 436 $
59,081$
TOTAL PURCHASE ORDER CARRYOVER 14,746,733$

PURCHASE ORDER CARRYOVER LIST - BY DEPARTMENT
209
FY 2024-25 YEAR END REPORT
Fund Fund Name Fund Total
100 GENERAL FUND 1,216,703.66$
310 CDBG/HUD 104,010.43
317 HOME - HUD 2,919,825.13
412 STATE FUNDING - HCD 157.41
550 REIMBURSABLE CAPITAL PROJECTS 71,622.86
4,312,319.49$

CONTINUING APPROPRIATION LIST - BY FUND
210
FY 2024-25 YEAR END REPORT

CONTINUING APPROPRIATION LISTING - OPERATING BY DEPARTMENT Fund Activity
Account
Number Project Decription Amount Requested
Department
Total
Library
100 various various 252102 Library Foundation 32,758.41$ 100 various 53101 252103 Patron Donations 14,795.24
100 2101 53101 252104 Libr Bks - Santiago Library System (SLS) 11,043.10 100 various various 252105 Friends of the Library (Donations) 49,072.78 100 2101 53101 252106 Materials Supplies - Literacy Program Supp 23,583.62 100 2316 53101 252110 Craft Supplies - Lunch at the Library 20,173.69 100 2101 53101 Library Books 1,052.23
Total Library 152,479.07$
Fire
100 3123 57101 253009 Santa Ana College Training 85,038.74$ 100 3121 54101 253012 Safety Equipment - CalOES Admin Recovery 167,966.43 Total Fire 253,005.17$
Police
100 4011 various 254064 BSCC 22-23 32,169.81$
100 4121 51003 254062 Safety North OC Public Safety - Overtime 54,429.64 100 4121 81999 254004 Canine/SWAT Donations 426.75
100 4131 51003 254024 OT - Misc Post Release Comm Super 36,805.64 100 4133 various 254031 Safety Tobacco Grant FY 23-24 99,484.93 100 4133 various 254032 Safety Tobacco Grant FY 24-25 4,949.02 100 4141 various 254030 Safety OTS Grant FY 23-24 10,741.07 100 4141 various 254034 Safety OTS Grant FY 24-25 112,873.00 100 4141 various 254033 Cannabis Tax Grant FY 24-25 114,541.72 Total Police 466,421.58$
Public Works
100 5001 56301 255092 Equipment Rental-Compactor Rentals-Plaza 29,461.69$ Total Public Works 29,461.69$
Community Development
550 6102 55999 256020 Other Prof & Consulting Svc - Obj Design 22,280.25 550 6102 55999 256006 Other Prof Consulting Serv-Housing Element 49,342.61 Total Community Development 71,622.86$
Community Services
100 7001 56999 257008 Garden Plots 9,736.58$
100 7001 55999 257007 Military Banners 3,782.80
100 7301 59999 255103 Special Event 1,816.77
Total Community Services 15,336.15$
Economic Development
310 6410 51002 256001 CDBG - Regular Salaries 73,687.39$ 310 6410 55101 256001 Accounting and Auditing Services 1,229.38 310 6410 55103 256001 Publicity and Advertising Services 659.48 310 6410 55999 256001 Other Professional and Consulting Services 24,670.79 310 6411 50102 256021 CDBG Project Costs - OUPSF 3,763.39 317 6431 55999 256013 Other Prof Consult Svcs-Hub Resource Ctr 2,919,825.13 412 6431 55999 256013 Other Prof Consult Svcs-Hub Resource Ctr 157.41 Total Economic Development 3,023,992.97$
Non-Departmental
100 0000 various various Ongoing City Contracts 300,000.00 300,000.00$
TOTAL OPERATING CARRYOVERS 4,312,319.49$
211
Agenda Item
Orange City Council
Item #: 8.2. 2/10/2026 File #: 26-0033
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
Leslie Hardy, Community and Library Services Director

1. SUBJECT
Land lease option and land lease agreements with the County of Orange for OC Riverwalk Project and Rampart St. Park Project respectively and appropriation of $10,000 in Developer Impact Fees - Park for the administration of these agreements.

2. SUMMARY
The City responded to a Request for Proposal from the Orange County Flood Control District for ground leases along the Santa Ana River Trail on District property. The County bundled two properties together including a property that is integral to the City of Orange’svision for the OC Riverwalk project. The second property, also along the Santa Ana River, is complementary to other planned open space projects along the river in both Orange and Anaheim and would be intended as a passive park that includes a dog park amenity. The City submitted a proposal for the development of the two properties. The County accepted the proposal and is offering a lease and a lease option agreement for the respective parcels.

3. RECOMMENDED ACTION

1. Approve the land lease option and lease with the County of Orange for the OC Riverwalk Project and Rampart St. Park Project respectively; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $10,000 from the Developer Impact Fees - Park (510) unreserved fund balance to:
510-7201-84101-267005-40 - Rampart St. Park

4. FISCAL IMPACT
The expense for these agreements is $10,000 and will be funded through Developer Impact Fees - Park (510):
510-7201-84101-267005-40 Rampart St. Park

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
The City responded to a Request for Proposal (RFP) from the Orange County Flood Control District City of Orange Printed on 2/5/2026Page 1 of 3
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Item #: 8.2. 2/10/2026 File #: 26-0033
The City responded to a Request for Proposal (RFP) from the Orange County Flood Control District (County) for ground leases for two properties along the Santa Ana River Trail. These properties are currently undeveloped.

The County issued the RFP last year, which included a property that is critical for the City’s participation in the OC Riverwalk project. The OC Riverwalk is a multi-jurisdictional project that will transform approximately two miles of the Santa Ana River corridor from Orangewood Avenue to approximately Taft Avenue/Ball Road. The project improvements will provide many public benefits including recreation, active transportation, habitat restoration and protection, and water supply augmentation. The City has been an active participant in the OC Riverwalk project including participation in the establishment of a master plan for the project in 2021 and execution of a cooperative agreement for the project with the City of Anaheim in 2023. Specifically, the cornerstone for the City of Orange’sparticipation in the project is the development of improvements contemplated in the OC Riverwalk Master Plan on property, north of Katella Avenue, directly adjacent to the Stadium Prominade Shopping Center. This property is directly across the Santa Ana River from the Honda Center and the OC Vibe project. This project also has significance for the City’sefforts on economic revitalization for the West Katella Avenue area.

The County also included a second piece of property along the Santa Ana River meant to be taken as a package with the Katella property when considering responses to the RFP. The second piece of property is approximately one acre located along Rampart Street, north of Chapman Avenue, directly adjacent to the North Net Training Center. A conceptual design of the park has been completed and includes a proposed walking path, seating areas, landscape, a dog amenity area, and a water bottle filling station, while preserving the existing mature shade trees (Attachment). The project is estimated to cost approximately $1.5 million and has been identified as a Community Services Capital Improvement Project funded through Fund 510.

The terms of the agreement with the County are framed as a lease option that the City would exercise at the time that the City were ready to commence improvements to the properties. In the case of the Katella Avenue property, staff are still assembling funding to proceed with the project, and staff are not seeking a lease at this time. The City is in the final stages of consideration for approximately $1.5 million to fund design work for the project from the California Coastal Conservancy. Should the City be successful with receiving funding, we anticipate exercising the lease option for the Katella property later this year. The lease option has a 36-month term for exercise of a lease. For the Rampart Street property, staff have identified a project and funding source for a potential park project and as a result will bypass the lease option and move directly to a lease agreement.

The lease agreement for the Rampart Street property is for a term of 30 years. There is no rent for the property, however, the County has asked for a $10,000 administrative fee to process the lease.

Staff will request that the County waive the fee. In the meantime, an appropriation for the administrative fee is being requested; however, the fee would only be paid if the waiver process resulted in a delay to the project. If the fee is paid and the fee is later waived, the City would seek reimbursement. The lease also includes language reflecting that the City would be responsible for any improvements on the site, although the County reserves the right to approve the improvements.

Additionally, all maintenance of the property would be the City’sresponsibility, and the agreement includes standard language for insurance and indemnification of the County.

Should the City Council approve the agreements, the agreements will be forwarded to the County for City of Orange Printed on 2/5/2026Page 2 of 3
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213
Item #: 8.2. 2/10/2026 File #: 26-0033
consideration by the Board of Supervisors and final execution.

7. ATTACHMENTS
· Option agreement with Orange County Flood Control District · Lease agreement with Orange County Flood Control District · Rampart St. Park Conceptual Plan
City of Orange Printed on 2/5/2026Page 3 of 3
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214
Agenda Item
Orange City Council
Item #: 8.2. 2/10/2026 File #: 26-0033
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
Leslie Hardy, Community and Library Services Director

3. RECOMMENDED ACTION

2. Authorize the appropriation of $10,000 from the Developer Impact Fees - Park (510) unreserved fund balance to:
510-7201-84101-267005-40 - Rampart St. Park

4. FISCAL IMPACT
The expense for these agreements is $10,000 and will be funded through Developer Impact Fees - Park (510):
510-7201-84101-267005-40 Rampart St. Park

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
The City responded to a Request for Proposal (RFP) from the Orange County Flood Control District City of Orange Printed on 2/5/2026Page 1 of 3
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215
Item #: 8.2. 2/10/2026 File #: 26-0033
The City responded to a Request for Proposal (RFP) from the Orange County Flood Control District (County) for ground leases for two properties along the Santa Ana River Trail. These properties are currently undeveloped.

The lease agreement for the Rampart Street property is for a term of 30 years. There is no rent for the property, however, the County has asked for a $10,000 administrative fee to process the lease.

Additionally, all maintenance of the property would be the City’sresponsibility, and the agreement includes standard language for insurance and indemnification of the County.

Should the City Council approve the agreements, the agreements will be forwarded to the County for City of Orange Printed on 2/5/2026Page 2 of 3
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216
Item #: 8.2. 2/10/2026 File #: 26-0033
consideration by the Board of Supervisors and final execution.

Orange County Flood Control District Parcel
Santa Ana River RFP – Segment 2
City of Orange – Katella Segment

OPTION AGREEMENT

THIS OPTION AGREEMENT (“ Option Agreement”) is made _______________, 2026, (“ Effective Date”) by and between the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (hereinafter called “ District”) and CITY OF ORANGE , a California municipal corporation organized and existing under the laws of the State of California (hereinafter called “Optionee”). County and Optionee may sometimes hereinafter individually be referred to as “Party” or jointly as “Parties.”

Recitals

A. Optionee desires to obtain an option to lease certain real property depicted as the “Premises” in Exhibit A to that certain ground lease, attached hereto as Attachment I and made a part hereof (“Lease”), for the purposes and uses provided in the Lease.

B. District is the fee owner of the Premises and is willing to enter into an option to lease said Premises for such purposes and uses as set forth herein and in the Lease.

NOW, THEREFORE the Parties agree as follows:

1. DEFINITIONS (PM02.1 S)

a. “Board of Supervisors ” means the Board of Supervisors of the County of Orange, a political subdivision of the State of California.

b. “Chief Real Estate Officer” means the Chief Real Estate Officer, County Executive Office, County of Orange, or designee, or upon written notice to Optionee , such other person as may be designated by the Board of Supervisors.

c. “City” means the City of Orange, State of California, within which the Premises is located.

d. “County” means the County of Orange, a political subdivision of the State of California, and shall include its Board of Supervisors, its elected and appointed officials, officers, agents, employees, and contractors

e. “District” means the Orange County Flood Control District, a body corporate and politic.

Any reference to the District herein, unless expressly stated to the contrary, shall refer to the District solely in its capacity as owner of the Premises and not the District in its capacity as a land use or other governmental approval authority.

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OPTION AGREEMENT
SART – Katella Segment
City of Orange

f. “Lease” means that certain Ground Lease attached hereto as Attachment I, including any and all addenda, amendments and exhibits hereto.

g. “Premises” means that certain real property containing approximately 7.3 acres with Assessor Parcel Nos: portion of 375- 311-13, and portion of 375- 301-01 in the City, together with all easements, rights and privileges appurtenant thereto, to be leased to Optionee pursuant to the Lease for the uses and purposes as set forth therein. The legal description of the Premises is attached to the Lease as Exhibit A . A rendering showing the approximate boundaries of the Premises is also attached to the Lease as Exhibit A-1.

2. OPTION (PM03.1 S)
District hereby grants Optionee the option (“ Option”) to lease said Premises in accordance with the covenants and conditions set forth herein and in the Lease.

3. TERM (PM05.1 S)
The term of this Option Agreement shall be thirty-six (36) months (“Option Term”) and shall commence on the Effective Date shown above. This Term is conditioned upon the District’s termination rights set forth in Section 16.

4. OPTION PRICE (PM04.2 N)
The price of the Option granted herein is $1.00 (“ Option Price”), which shall be paid District in full upon execution of this Option Agreement.

The Option Price shall be retained by District in consideration for the granting of the Option. No portion of the Option Price shall be refunded or credited to rent payments under the Lease regardless of whether Optionee exercises the Option prior to the expiration of the Option Term.

5. OPTION TERM EXTENSION (PM06.1 N)
Optionee may request an additional extension to the Option Term and the County will have sole discretion to accept or reject the Optionee’s extension request, which may additionally require Board of Supervisors approval. During the Option Term, the Optionee will fulfill the conditions precedent to the execution of the Ground Lease.

Optionee may request one (1) one (1)-year option to extend the Option Term, however the County retains sole discretion to accept or reject this request. To exercise an Option Term extension, the Optionee must submit written notification to the Chief Real Estate Officer and notification must be delivered a minimum of thirty (30) days prior to the expiration of the current Option Term and should clearly specify the desired duration of the requested extension.

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OPTION AGREEMENT
SART – Katella Segment
City of Orange

6. CONDITIONS (PM07.1 N)
The Optionee may exercise its option to enter into the Ground Lease at any time during the Option Term, including any extensions, provided that all of the following conditions have been satisfied to the District’s reasonable satisfaction:

1. Insurance Requirements: Optionee shall have provided the District with evidence of insurance coverage fully complying with the requirements set forth in Section 11 (Insurance) of the Option.

2. Verification of Project Funding : Optionee shall provide the District and Chief Real Estate Officer verification of the availability of secured funding to fully fund the development of the park, construction improvements and recreational facilities on the Premises . The District shall have no obligation to enter into a long-term lease unless and until Optionee has demonstrated, to the District’s satisfaction, that such funding has been secured.

3. Preliminary Plan Approval: Optionee shall have submitted preliminary development plans to the District and received written approval from the District and Chief Real Estate Officer . The Preliminary Plans shall be prepared by an architect licensed in the State of California and who is adequately insured.

4. Environmental Compliance: Optionee shall have completed all required environmental reviews and obtained all necessary approvals and environmental clearances under all appropriate authorities and governmental agencies having jurisdiction over the Premises and complied with all applicable laws including but not limited to the California Environmental Quality Act (CEQA) or any other applicable environmental regulations, and delivered written confirmation of same to the Chief Real Estate Officer.

5. Construction Readiness: Optionee shall demonstrate its readiness to commence construction of the improvements necessary for the development of the park and recreational facilities.

6. Permits and Clearances : Optionee shall have obtained all applicable permits, licenses, and regulatory approvals required to initiate construction and development activities on the Premises.

Optionee shall have obtained and provided Chief Real Estate Officer with satisfactory evidence of, all necessary clearances and permits from the City and any other applicable governmental or regulatory agencies. If District’s consent on any application for such permits is required by any governmental or regulatory agency as a condition to the issuance of permits for the Project, then Chief Real Estate Officer shall not unreasonably withhold such consent.

7. Maintenance: Optionee is responsible for maintaining the Parcel in good condition during the Option and Ground Lease terms, including ordinary maintenance and repair activities. The maintenance obligations of the Optionee includes landscaping, trash removal, and minor repairs as necessary. Optionee is responsible for maintaining the Parcels, keeping parcels in good order, condition, and repair throughout the Option Term. Optionee must conduct regular inspections, keep records of inspections, and make these records available to the County upon request. No 220

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OPTION AGREEMENT
SART – Katella Segment
City of Orange
construction or alterations to the property is permitted during the Option Term. Any proposed alterations to the parcels require prior written approval from the Chief Real Estate Officer. The Optionee must bear the cost of all due diligence work and ensur e compliance with applicable laws.

Upon satisfaction of the above conditions, the District and Optionee shall execute the Ground Lease in substantially the form attached to this Agreement.

7. REVIEW BY DISTRICT (PM08.1 N)
Optionee hereby acknowledges that one of the purposes of this Option Agreement is to afford Optionee and District the opportunity to determine whether Optionee is able to meet the various conditions of this Option Agreement and is able to obtain the requir ed approvals as set forth in this Option Agreement.

Several of those conditions involve obtaining reviews and approvals from officers, employees or agents of the District, and/or the City. Each of those reviews shall be conducted in an independent manner and nothing contained herein shall be deemed to limit the jurisdiction or authority otherwise possessed by said officers, employees or agents in the conduct of such review.

Nothing contained in this Option Agreement shall be deemed to imply that required approvals will be forthcoming, and the failure to issue any such approval or permit by any officer, employee or agent of the District, and/or the City shall not be deemed in any manner a breach of this Option Agreement, nor shall any such denial give rise to any claim, liability, obligation, or cause of action with respect to this Option Agreement or the attached Lease.

No permit, approval, or consent given by the District, and/or the City, or their officers, employees, or agents, acting in its/their governmental capacity, shall affect or limit Optionee’s obligations under this Option Agreement or under the Lease, nor sha ll any approvals or consents given under this Option Agreement by District, as a Party hereto, or by the Chief Real Estate Officer be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, and/or regulations.

8. DISCLAIMER OF REPRESENTATIONS OF WARRANTIES (PM015.1 N) Optionee agrees that District has made no representations, warranties, or agreements as to any matters concerning the Premises, including, but without being limited to, the land, marketability of title, topography, climate, air, water, water rights, utilit ies, present or future zoning, soil, subsoil, hazardous substances, waste or materials, the purposes for which the Premises is suited, drainage, access to public roads, proposed routes of roads or extensions thereof or the availability of governmental perm its or approvals of any kind. Optionee represents and warrants to District that it and its representatives and employees have made or will make their own independent inspection and investigation of such matters concerning the Premises.

9. OPTIONEE’S RIGHT TO ENTER PREMISES, INDEMNIFICATION (PM09.1.1 S) Subject to prior written approval and conditions as may be specified by the Chief Real Estate Officer, Optionee and its authorized representatives shall have the right to enter upon, to pass and to repass over and along said Premises. Optionee hereby agrees to indemnify District and hold District, its officers, and 221

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OPTION AGREEMENT
SART – Katella Segment
City of Orange
employees harmless from any loss, claims, liability, or costs arising out of or incurred by reason of such investigation. Whether or not this option terminates or expires, Optionee agrees to repair any and all damages caused to the Premises by reason of any such investigation or investigations.

10. HOLD HARMLESS (PMGE10.1 S)
Optionee hereby releases and waives all claims and recourse against District, including the right of contribution for loss or damage of persons or property, arising from, growing out of or in any way connected with or related to this Option Agreement except claims arising from the concurrent active or sole negligence of District, its officers, agents, employees and contractors. Optionee hereby agrees to indemnify, defend (with counsel approved in writing by District), and hold harmless, District, the County and its elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the Optionee’s exercise of the rights under this Option Agreement, except for liability arising out of the concurrent active or sole negligence of District, the County and its elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom.

If District is named as co -defendant in a lawsuit, Optionee shall notify District of such fact and shall represent District in such legal action unless District undertakes to represent itself as co-defendant in such legal action, in which event, Optionee shall pay to District its litigation costs, expenses, and attorneys' fees. If judgment is entered against District and Optionee by a court of competent jurisdiction because of the concurrent active negligence of District and Optionee, District and Optionee agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

Optionee acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Optionee, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this paragraph.

11. INSURANCE (PM09.2.2S)
A. General Requirements
Optionee agrees to purchase all required insurance at Optionee’s expense and to deposit with District certificates of insurance, including all endorsements required herein, necessary to satisfy District that the insurance provisions of this Option Agreeme nt have been complied with and to keep such insurance coverage and the certificates and endorsements therefor on deposit with District during the entire term of this Option Agreement and any extension thereof.

The Option shall automatically terminate at the same time Optionee’s insurance coverage is terminated. If within ten (10) business days after termination under this Section, Optionee obtains and provides evidence of the required insurance coverage acceptable to Chief Real Estate Officer, this Option Agreement may be reinstated at the sole discretion of Chief Real Estate Officer. 222

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OPTION AGREEMENT
SART – Katella Segment
City of Orange
Optionee shall pay District Seven Hundred Fifty Dollars ($750.00) for processing the reinstatement of this Option Agreement.

Optionee agrees that Optionee shall not operate on the Premises at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of Chief Real Estate Officer. In no cases shall assurances by Optionee, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. Chief Real Estate Officer will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. Optionee also agrees that upon cancellation, termination, or expiration of Optionee’s insurance, District may take whatever steps are necessary to interrupt an y operation from or on the Premises until such time as the Chief Real Estate Officer reinstates the Option.

If Optionee fails to provide Chief Real Estate Officer with a valid certificate of insurance and endorsements, or binder at any time during the term of the Option, District and Optionee agree that this shall constitute a material breach of this Option Agr eement. Whether or not a notice of default has or has not been sent to Optionee, said material breach shall permit District to take whatever steps necessary to interrupt any operation from or on the Premises, and to prevent any persons, including, but not limited to, members of the general public, and Optionee’s employees and agents, from entering the Premises until such time as Chief Real Estate Officer is provided with adequate evidence of insurance required herein. Optionee further agrees to hold Distr ict harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from District's action.

All contractors performing work on behalf of Optionee pursuant to this Option Agreement shall obtain insurance subject to the same terms and conditions as set forth herein for Optionee.

Optionee shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by District from the Optionee under this Option Agreement. It is the obligation of the Optionee to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the Premises. Such proof of insurance must be maintained by Optionee through the entirety of this Option Agreement and be available for inspection by a District representative at any reasonable time.

All self -insured retentions (SIRs) and deductibles shall be clearly stated on the Certificate of Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a zero (0) by the appropriate line of coverage. Any self -insured retention (SIR) or deductible in excess of $25,000 ($5,000 for automobile liability), shall specifically be approved by County Executive Office/Office of Risk Management, or designee (“Risk Manager”).

If the Optionee fails to maintain insurance acceptable to District for the full term of this Option Agreement, District may terminate this Option Agreement.

B. Qualified Insurer
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OPTION AGREEMENT
SART – Katella Segment
City of Orange
The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier) or have a minimum rating of A - (Secure A.M.

Best’s Rating) and VIII (Financial Size Category) as determined by the most current edition of the Best’s key Rating Guide/Property-Casualty/United States or ambest.com.

If the insurance carrier is not an admitted carrier in the state of California and does not have an A.M. Best rating of A-/VIII, the Risk Manager retains the right to approve or reject a carrier after a review of the company’s performance and financial ratings.

C. Minimum Limits
The policy or policies of insurance maintained by the Optionee shall provide the minimum limits and coverage as set forth below:

Coverages Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate
Automobile Liability including coverag
for owned, non-owned and hired vehicle
$1,000,000 limit per occurrence
Workers' Compensation Statutory
Employers' Liability Insurance $1,000,000 per occurrence D. Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad.

E. Required Endorsements
1) The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance:

a. an Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming the District, County of Orange its elected and appointed officials, officers, employees, agents as Additional Insureds;

b. a primary non-contributing endorsement evidencing that the Optionee’s insurance is primary and any insurance or self -insurance maintained by District shall be excess and non-contributing; and

2) All insurance policies required by this contract shall waive all rights of subrogation 224

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OPTION AGREEMENT
SART – Katella Segment
City of Orange
against the District, County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment.

3) The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the District, County of Orange, and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees.

4) All insurance policies required by this contract shall give DISTRICT thirty (30) days’ notice in the event of cancellation and ten (10) days for non- payment of premium.

This shall be evidenced by policy provisions or an endorsement separate from the Certificate of Insurance.

F. Severability of Interest Clause - Commercial General Liability The Commercial General Liability policy shall contain a severability of interests clause, also known as a “separation of insureds” clause (standard in the ISO CG 001 policy).

G. Delivery
Insurance certificates should be forwarded to District address provided in Section 17 (Notices) below or to an address provided by the Chief Real Estate Officer. Optionee has ten (10) business days to provide adequate evidence of insurance or this Option Agreement may be cancelled.

H. Insurance Requirement Changes
District expressly retains the right to require Optionee to increase or decrease insurance of any of the above insurance types throughout the term of this Option Agreement. Any increase or decrease in insurance will be as deemed by the Risk Manager as appropriate to adequately protect District.

Chief Real Estate Officer shall notify Optionee in writing of changes in the insurance requirements. If Optionee does not deposit copies of acceptable certificates of insurance and endorsements with District incorporating such changes within thirty (30) days of receipt of such notice, this Option Agreement may be in breach without further notice to Optionee, and District shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Optionee’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Option Agreement, nor in any way to reduce the policy coverage and limits available from the insurer.

12. ASSIGNMENT (PM010.1 S)
This Option shall not be sold, assigned, or otherwise transferred without the prior written consent of District, which consent may be withheld in the District’s sole and absolute discretion. Failure to obtain District’s required written consent shall render said sale, assignment, or transfer void. 225

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OPTION AGREEMENT
SART – Katella Segment
City of Orange

If Optionee hereunder is a corporation or an unincorporated association or partnership, the sale, transfer, or assignment of any stock or interest in said corporation, association, or partnership in the aggregate exceeding twenty-five percent (25%) shall be deemed an assignment within the meaning of this clause.

13. EXERCISE OF OPTION TO LEASE (PM011.1 S)
At any time during the Option Term that Optionee shall have performed all conditions as set forth in Section 6 (Conditions) of this Option Agreement to the satisfaction of Chief Real Estate Officer, Optionee may exercise the Option by giving Chief Real Estate Officer written notice of election do so, accompanied by properly executed copies of the Lease in triplicate.

14. EXECUTION OF LEASE (PM012.1 N)
Acting as District’s representative, Chief Real Estate Officer shall execute the Lease within fifteen (15) days of receipt of Optionee’s notice of election to exercise the Option and the Lease executed by Optionee.

15. LEASE DATE (PM013.1 S)
It is understood and agreed by the Parties hereto that the effective date of the Lease shall be the date of execution of the Lease by District.

16. TERMINATION (PM014.1 S)
Failure of Optionee to fully and satisfactorily meet the terms and conditions of this Option Agreement within the time limits stated shall absolutely and conclusively terminate Optionee’s rights hereunder, notwithstanding the fact that District may choose to negotiate a lease with Optionee within a reasonable time after the expiration of this Option Agreement.

Upon execution of this Option Agreement, the Optionee shall execute, acknowledge, and deliver to the Chief Real Estate Officer a quitclaim deed, in a form as approved by the Chief Real Estate Officer, quitclaiming all right title and interest created by this Option Agreement back to the District (“Quitclaim Deed”). The Quitclaim Deed shall be retained by the Chief Real Estate Officer for the duration of this Option Agreement and shall be recorded in the event of the termination of this Option Agreement for any reason to remove any cloud on title created by this Option Agreement.

17. NOTICES (PM018.1 N)
All notices, documents, correspondence and communications concerning this Option Agreement shall be addressed as set forth in this Section 17, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail, return receipt requested or with other proof of delivery, with postage prepaid, by personal delivery, Federal Express or similar courier service, or by facsimile. Notices so given shall be deemed to have been given upon receipt with the exception of transmittals via facsimile which shall be deemed delivered on the day transmitted provided transmitted by 4:30 P.M. (PT) on the receiving Party’s regular business day, otherwise delivery shall be deemed to have been given on the next business day.
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OPTION AGREEMENT
SART – Katella Segment
City of Orange

To DISTRICT:

Orange County Flood Control District
c/o CEO Real Estate
Attn: Chief Real Estate Officer
400 W. Santa Ana Blvd, 5th Floor
Santa Ana, CA 92701

With a copy to:

Orange County Flood Control District
c/o OC Public Works
Attn: Director
601 N. Ross Street, 4th Floor
Santa Ana, CA 92701
To OPTIONEE:

City of Orange
c/o Public Works Department
RE: Katella Park
300 E. Chapman Ave.

Orange, CA 92866
Attn: Director, Public Works Dept.

Either Party may change the address for notices by giving the other Party at least ten (10) calendar days’ prior written notice of the new address.

18. VENUE (PMES13.1S)
The Parties hereto agree that this Option Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Option Agree ment, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.

Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county.

19. SEVERABILITY (PMES15.1S)
If any term, covenant, condition, or provision of this Option Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

20. ATTORNEYS' FEES (PMES16.1S)
In any action or proceeding brought to enforce or interpret any provision of this Option Agreement, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.

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OPTION AGREEMENT
SART – Katella Segment
City of Orange

21. SUCCESSORS AND ASSIGNS (PMES18.1S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the Parties hereto.

22. AUTHORITY (PMES20.1S)
The Parties to this Option Agreement represent and warrant that it has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.

23. ENTIRE AGREEMENT (PM017.1 S)
This instrument contains the entire agreement between the Parties relating to the Option granted herein and all negotiations and agreements between the Parties hereto or their agents with respect to this transaction are merged herein. Any oral representat ions, modifications, or waivers concerning this instrument shall be of no force and effect, except in a subsequent instrument made in writing and signed by both Parties. Time is of the essence in the performance of the Parties' respective obligations here in contained. Subject to the restrictions against sale, assignment, or other transfer above, this Option Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, successors, and assigns.

24. ATTACHMENTS TO OPTION

This Option includes the following, which are attached hereto and made a part hereof:

I. Exhibit A -1-2 – Description of Property
II. Exhibit B – Depiction of Premises
III. Attachment I – Ground Lease

Intentionally left blank

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OPTION AGREEMENT
SART – Katella Segment
City of Orange
IN WITNESS WHEREOF, the Parties have executed this Option Agreement the day and year first above written.

OPTIONEE

CITY OF ORANGE
a municipal corporation

By:

Name:

Title:

By:

Name:

Title:

APPROVED AS TO FORM:

COUNTY COUNSEL

By:

Deputy

Date

DISTRICT

ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic

By: _________________________________

Thomas A. Miller, Chief Real Estate Officer
By Delegated Authority
Per Minute Order Dated August 27, 2024.

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OPTION AGREEMENT
SART – Katella Segment
City of Orange
EXHIBIT A-1

LEGAL DESCRIPTION OF THE PREMISES

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OPTION AGREEMENT
SART – Katella Segment
City of Orange
EXHIBIT A-2

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OPTION AGREEMENT
SART – Katella Segment
City of Orange

EXHIBIT B

DEPICTION OF PREMISES

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OPTION AGREEMENT
SART – Katella Segment
City of Orange

ATTACHMENT I

GROUND LEASE

ATTACHMENT
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Orange County Flood Control District Parcel-SART
Santa Ana River RFP – Segment 1
City of Orange - Rampart Park

MA# 080-_____

LEASE AGREEMENT

THIS LEASE (“ Lease”) is made ________, 2026 ("Effective Date "), by and between the ORANGE COUNTY FLOOD CONTROL DISTRICT , a body corporate and politic, (hereinafter referred to as "DISTRICT") and the CITY OF ORANGE, a municipal corporation (hereinafter referred to as "TENANT"). DISTRICT and TENANT may sometimes hereinafter individually be referred to as “Party,” or jointly as “Parties.”

RECITALS
A. DISTRICT is the fee owner of an approximately 0.9- acre parcel of land, comprised of portions of Assessor Parcel Numbers (APN) 232-062-06 and 232-062-04, and portions of the District-owned property for which a separate Assessor’s Parcel Number has not been assigned (the “Parcel”), as more particularly described in Exhibit B attached hereto and incorporated herein by reference. The Parcel is generally located along Rampart Street, south of East Orangewood Avenue and north of West Chapman Avenue, adjacent to the eastern border of the Santa Ana River Flood Control Channel (“ Channel”), at approximately Mile 12 of the Santa Ana River Trail (“SART”), within the City of Orange.

B. The Parcel is used by the DISTRICT for purposes of flood control operation and maintenance in accordance with the Orange County Flood Control Act, as set forth in California Uncodified Water Code, Act 5682, Section 2, also cited as Water Code Appendix Sections 36- 1 et seq., and also referr ed to as Chapter 723 of the Statutes of 1927 (the “Flood Control Act”).

C. In conformance with the City of Orange’s General Plan, TENANT proposes to develop and operate a passive park on approximately 0.9 acres along the western boundary of the Parcel. The proposed improvements include a walkway, monumentation and/or trail signage, and landscaping.

D. The DISTRICT and TENANT desire to enter into this Lease to accommodate the City’s development and operation of a passive park on a portion of the DISTRICT’s Parcel, provided such use does not interfere with the DISTRICT’s flood control purposes or its use of the land.

NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

1. DEFINITIONS (PMA2.1 S)
The terms described hereinabove in the Recitals are incorporated herein by this reference and the following words in this Lease have the significance attached to them in this section , unless otherwise apparent from context:
"Board of Supervisors" means the Board of Supervisors of the County of Orange acting as the governing board of the Orange County Flood Control District.
"Chief Real Estate Officer" means the Chief Real Estate Officer, County of Orange, or designee. “City” means the City of Orange, State of California.
"County" means the County of Orange, a political subdivision of the State of California. 234

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“Director of OCPW” means the Director, OC Public Works, County of Orange, or designee. “Tenant Improvements” means and includes all buildings (including above -ground and below ground portions thereof, and all foundations and supports), building systems and equipment (such as HVAC, electrical and plumbing equipment), physical structures, fixtures, hardscape, paving, curbs, gutters, sidewalks, fences, landscaping and all other improvements of any type or nature whatsoever now or hereafter made or constructed on the Premises by TENANT. Under no circumstances shall the TENANT Improvements include a restroom or a structure for human habitation.

2. PREMISES (PMA3.1 N)
Commencing with the Effective Date of this Lease, DISTRICT leases to TENANT a portion of the Parcel, as more particularly described in Exhibit A and depicted in Exhibit B , which are attached hereto, incorporated by this reference, and hereinafter referred to as the "Premises."

3. TERMINATION OF PRIOR AGREEMENTS (PMA4.1 S) – Intentionally omitted

4. LIMITATION OF THE LEASEHOLD & DISTRICT’S RESERVED RIGHTS (PMA5.1 S) This Lease and the rights and privileges granted TENANT to use the Premises are subject to all easements, covenants, conditions, restrictions, and exceptions of record, or apparent. Nothing contained in this Lease or in any document related hereto shall be construed to imply the conveyance to TENANT of rights in the Premises which exceed those owned by DISTRICT , or any representation or warranty, either express or implied, relating to the nature or condition of the Premises or DISTRICT 's interest therein. TENANT acknowledges that TENANT has conducted a complete and adequate investigation of the Premises and that TENANT has accepted the Premises in its "where is-as is" condition.

DISTRICT reserves the right for DISTRICT and DISTRICT’s authorized representatives to enter the Premises and perform work or take other actions in accordance with the Flood Control Act, including but not limited to improving, construction, reconstructing, rehabilitating, operating, and maintaining the Channel and/or SART. At any reasonable time, DISTRICT may also enter the Premises to (i) determine whether TENANT is complying with TENANT’s obligations hereunder, or (ii) enforce any rights held by DISTRICT in said Premises. DISTRICT shall take care not to unreasonably interfere with TENANT’s use of the Premises in exercising its rights under this Section.

Further, DISTRICT’s reserved rights to enter onto, over, or under the Premises and participate fully in any flood control operations related thereto shall be superior to TENANT’s leasehold rights contained herein.

DISTRICT further reserves a right to utilize a portion of the Parcel and Premises for revenue generation in its sole and absolute discretion. TENANT agrees to cooperate with DISTRICT to accommodate any future DISTRICT desire to facilitate revenue generation on this Parcel and Premises, provided TENANT does not incur costs related to such DISTRICT endeavors and TENANT operation of a passive park is allowed to continue on the remaining portion of the Parcel rent-free. The Parties agree to amend this Lease as necessary to reflect the area utilized by the TENANT as a passive park.

5. USE (PMB1.2 N)
TENANT’s use of the Premises shall be limited to the operation of a passive public recreational park, including access to and from the Premises for its use, maintenance, repair, and upkeep related thereto. The Premises and its amenities and Tenant Improvements shall be made available for use by and at no cost to the public, including all Orange County residents. Restroom facilities or any habitable structures shall not be permitted on the Premises. These Tenant Improvements and related costs shall be at the sole expense of TENANT. Notwithstanding the above, there shall be no commercial use of the Premises at any time nor any cultivation or distribution of marijuana allowed thereon. 235

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TENANT may not collect money for use of the Premises. Under no circumstances shall an entrance fee or fee be charged by TENANT to those who use the Premises. Reservations for use of Premises are not permitted. Premises are to remain open to the public during normal operating hours as determined by TENANT. TENANT shall ensure Premises are not utilized for habitation purposes and shall be responsible for taking action to prevent encampments and overnight occupancy.

TENANT agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the Premises, or to commit or permit to be committed any waste, including, but not limited to Hazardous Materials (defined in Section 19), within the Premises, nor shall TENANT engage in or authorize activities within or upon the Premises which are incompatible or interfere with DISTRICT’s flood control activities in, on or about the Premises. TENANT’s use of the Premises for any other purpose without DISTRICT’s prior written approval shall cause this Lease and all TENANT’s rights hereunder to immediately terminate upon written notice from Chief Real Estate Officer, and without further action on the part of DISTRICT.

NO ALCOHOL, TOBACCO, OR MARIJUANA PRODUCTS SHALL BE SOLD FROM OR CONSUMED WITHIN THE PREMISES.

6. TERM (PMB2.1 N)
The term of this Lease shall be thirty (30) years, commencing on the Effective Date of this Lease, unless sooner terminated as a result of non -compliance with any term or condition of this Lease as hereinafter provided.

7. RELOCATION OR TERMINATION BY DISTRICT
TENANT acknowledges that the Premises lie on, over or about a portion of the Channel and TENANT further acknowledges that the primary purpose of the Premises is for flood control purposes per the Flood Control Act. Upon determination by the Chief Real Estate Officer, in the exercise of his/her reasonable discretion, that the TENANT Improvements or uses interfere with DISTRICT’s use of the area or impede a critically important public infrastructure project, TENANT shall, following receipt of written request, relocate or remove the TENANT Improvements pursuant to this Lease (“ Notice to Relocate ”) within 5 days of DISTRICT’s written request.

DISTRICT shall, upon written request of TENANT, have the Chief Real Estate Officer or designee meet and confer with TENANT to determine whether the TENANT Improvements can remain in place or whether modifications to the TENANT Improvements may be made to avoid the need for relocation or removal. To the extent TENANT cannot mitigate interference with DISTRICT ’s operations to the reasonable satisfaction of the Chief Real Estate Officer or Director of OCPW, the Chief Real Estate Officer may terminate this Lea se one hundred (100) days from the date of the Notice to Relocate or as such relocation date may be extended. TENANT agrees this Lease does not create an obligation for DISTRICT to relocate TENANT or find a replacement location for providing a passive park at no cost to the public.

8. RENT (N)
In consideration of TENANT maintaining the Premises to a standard which complies with the Flood Control Act, at no cost to DISTRICT, and performing operations without charging a fee to the public, the Premises are leased to TENANT on a rent-free basis.

TENANT shall pay a one-time non-refundable administrative cost in connection with the negotiation and processing of this Lease in the amount of ten- thousand dollars ($10,000) to DISTRICT prior to, and as a condition of, the Effective Date of this Lease.

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9. CONSTRUCTION AND MAINTENANCE (PMES2.2N)
Should TENANT plan to build, erect, install, or construct any Tenant Improvements or conduct any construction, landscaping, maintenance or excavation activities or otherwise disturb the surface of the Premises, TENANT agrees to notify Chief Real Estate Officer in writing sixty (60) days in advance of such planned activities, obtain Chief Real Estate Officer’s written approval of all related plans, and obtain a permit through Orange County Property Permits (“CPP”) department with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any construction of the facilities in, on, under or about the Premises; and upon completion of any such construction, TENANT shall immediately notify Chief Real Estate Officer in writing of such completion.

DISTRICT approval of TENANT ’s construction, landscaping and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or maintenance, design, assumptions, or accuracy of TENANT ’s construction and/or maintenance plans. DISTRICT will rely on the professional expertise of the Engineer of Record when approving TENANT’s construction and/or maintenance plans. The Engineer of Record is defined as the licensed professional engineer who is in responsible charge for the preparation, signing, dating, sealing and issuing of the engineering documents supporting TENANT’s construction and/or maintenance plans.

Prior DISTRICT approval shall not be necessary in any emergency situation or in conducting routine maintenance activities, which do not involve disturbance of the surface area. However, TENANT shall notify Orange County Operations and Maintenance at 714- 955-0200 w ithin five (5) business days of commencing any emergency repair work and, if so required by the Chief Real Estate Officer, TENANT shall secure a permit through CPP for the purpose of documenting such emergency work.

TENANT acknowledges the Premises are within areas which may be designated as environmentally sensitive or in which cutting roots and other activities may require regulatory agency approval ( e.g., approvals or permits from U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and California Regional Water Quality Control Board). TENANT shall obtain and remain in compliance with all regulations and laws pertaining to its activities under this LEASE and shall make every effort to ensure any cutting of roots or like activities, and any excavation shall be implemented in such a manner as will cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the ground and any improvements and/or landscaping around such excavation, damaged shall be promptly restored by TENANT at its expense to the same condition as existed prior to excavation, to Chief Real Estate Officer’s satisfaction.

TENANT shall, at no cost to DISTRICT, maintain in good repair and in safe condition all facilities constructed, used or placed within the Premises by or on behalf of TENANT pursuant to this Lease.

10. MECHANICS LIENS OR STOP-NOTICES (PMD4.1 S)
In addition to the responsibilities described in Section 21 (Indemnification) below, TENANT shall at all times indemnify, defend with counsel approved in writing by DISTRICT, and save DISTRICT and County harmless from all claims, losses, demands, damages, costs, expenses, or liabilities arising from mechanics liens or stop notices in connection with the use, construction, repair, alteration, or installation of structures, improvements, equipment, or facilities by TENANT over, across, within, upon, or under the Premises, and from the cost of defending against such claims, including attorney fees and costs.

In the event a lien or stop- notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, TENANT shall either:

A. Record a valid Release of Lien, or
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B. Procure and record a bond in accordance with Section 8424 or 9364 of the California Civil Code, which frees the Premises from the claim of the lien or stop-notice and from any action brought to foreclose the lien.

Should TENANT fail to accomplish one of the two actions above within fifteen (15) days after the file of such a lien or stop-notice, this Lease shall be in default and shall be subject to immediate termination. Such termination, however, shall not relieve TENANT from any of its obligations set forth in this section.

11. "AS-BUILT" PLANS (PMD5.2 S)
Within sixty ( 60) days following completion of any substantial improvement within the Premises, TENANT shall furnish Chief Real Estate Officer a complete set of reproducible Mylars and two sets of prints of "As-Built" plans. TENANT shall also furnish the Chief Real Estate Officer with all CAD data stored on compact disc ROM as "read only" files which shall be in one of the following software formats:

AutoCAD DXF format; Microsoft Windows based system.

Other (generic) DXF format; Microsoft Windows based system.

All CAD files are also to be converted to Acrobat Reader (*.pdf format), which shall be included on CD ROM. No other formats are acceptable. Chief Real Estate Officer reserves the right to reject CAD files delivered in any other formats not specified above.

12. CONSTRUCTION AND/OR ALTERATION BY DISTRICT (N)
Except in an emergency found to exist by the Chief Real Estate Officer or the Director of OCPW , if DISTRICT intends to disturb the surface or subsurface of the Premises, then Chief Real Estate Officer shall give TENANT not less than thirty (30) calendar days' prior written notice specifying the date of such entry, the duration thereof, and the nature of the work to be performed by DISTRICT.

In the event DISTRICT finds it necessary to enter on and disturb the surface or subsurface of the Premises in order to maintain, repair, reconstruct, replace, improve or enlarge DISTRICT’s Channel or any flood control facilities (e.g., the Orange Reservoir or Impoundment Area), DISTRICT’s only responsibility under this Lease shall be to backfill the affected portion of the Premises with compacted earth to the grade of the surrounding property following completion of DISTRICT's activity. DISTRICT shall have no responsibility or liability under this Lease for restoring improvements owned, constructed, placed or permitted by TENANT within, upon, under or above the Premises, including but not limited to the Tenant Improvements as defined in Section 13 below. DISTRICT shall endeavor to minimize any damage, disruption or extirpation of any improvements during such DISTRICT activities.

13. OWNERSHIP OF TENANT IMPROVEMENTS (PMD6.1 N)
All Tenant Improvements must, upon completion, be free and clear of all liens, claims, or liability for labor or materials and excepting trade fixtures shall, at DISTRICT’s option, become the property of DISTRICT at the expiration or sooner termination of this Lease. DISTRICT retains the right to require TENANT, at TENANT’s cost, to remove any or all of Tenant Improvements located within, upon, under, or above the Premises at the expiration or termination hereof. TENANT agrees that should DISTRICT require removal of said Tenant Improvements, TENANT shall: (i) remove the Tenant Improvements, including any underground obstructions, at TENANT’s cost within sixty (60) days of being notified by DISTRICT; (ii) leave the Premises in a level, safe, clean, sanitary and neat condition free of weeds and debris; (iii) remove any underground obstructions ; (iv) leave any excavated area compacted to ninety percent (90%) compaction; and (v) replace any erosion control landscaping that may have been destroyed or removed as the result of any of the aforesaid activities.

14. CONDEMNATION
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If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively, “Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. TENANT hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure, or any similar or successor Laws.

15. UTILITIES & TAXES (PME1.1 N)
A. Utilities. TENANT shall construct, or cause to be constructed, all necessary utility facilities to be used by TENANT within the Premises in accordance with the terms of this Lease and shall be responsible for and pay, prior to the delinquency date, all charges, assessments for utilities used by TENANT on the Premises.

B. Taxes. During the Term, TENANT shall pay directly to the taxing authorities all Taxes (as herein defined) at least ten (10) days prior to delinquency thereof. For purposes hereof, “Taxes” shall include any form of assessment, license fee, license tax, business license fee, commercial rental tax, levy, penalty, sewer use fee, real property tax, charge, possessory interest tax, tax or similar imposition (other than inheritance or estate taxes), imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage, flood control, water pollution control, public transit or other special DISTRICT thereof, as against any legal or equitable interest of DISTRICT in the Premises or any payments in lieu of taxes required to be made by DISTRICT, including, but not limited to, the following:
(1) Any assessment, tax, fee, levy, improvement DISTRICT tax, charge or similar imposition in substitution, partially or totally, of any assessment, tax, fee, levy, charge or similar imposition previously included within the definition of Taxes. It is the intention of TENANT and DISTRICT that all such new and increased assessments, taxes, fees, levies, charges and similar impositions be included within the definition of “Taxes” for the purpose of this Lease.
(2) Any assessment, tax, fee, levy, charge or similar imposition allocable to or measured by the area of the Premises or the rent payable hereunder, including, without limitation, any gross income tax or excise tax levied by the city, county, state or federal government, or any political subdivision thereof, with respect to the receipt of such rent, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by TENANT of the Premises, or any portion thereof; (3) Any assessment, tax, fee, levy, charge or similar imposition upon this transaction or any document to which TENANT is a party, creating or transferring an interest or an estate in the Premises, including any possessory interest tax levied on TENANT’s interest under this Lease;
(4) Any assessment, tax, fee, levy, charge or similar imposition by any governmental agency related to any transportation plan, fund or system instituted within the geographic area of which the Premises are a part.

The definition of “Taxes,” including any additional tax the nature of which was previously included within the definition of Taxes, shall include any increases in such taxes, levies, charges or assessments occasioned by increases in tax rates or increases in assessed valuations, whether occurring as a result of a sale or otherwise.

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16. MAINTENANCE OBLIGATIONS OF TENANT (PME2.1 N)
TENANT agrees to maintain the Premises and all Tenant Improvements thereon in good order and repair, and to keep said Premises in a neat, clean, orderly, safe, and sanitary condition to the satisfaction of Chief Real Estate Officer, and in compliance with all applicable laws. TENANT shall keep all Tenant Improvements free from graffiti at its sole cost. TENANT further agrees to provide approved containers for trash and garbage, which shall be emptied by TENANT at frequent and regular intervals, and to keep the Premises free and clear of rubbish, litter, and waste to prevent the accumulation of any refuse or waste materials which might constitute a fire hazard or a public or private nuisance. TENANT agrees to manage and maintain the premises consistent with other parks within the City of Orange, and as such will follow City of Orange park rules. TENANT shall ensure Premises are not utilized for habitation purposes and shall be responsible for taking action to prevent encampments and overnight occupancy.

TENANT shall designate in writing to Chief Real Estate Officer a representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness, and general order of the Premises.

Chief Real Estate Officer shall have the right to enter upon and inspect the Premises anytime for cleanliness and safety and to confirm compliance with terms and conditions of this Lease. If TENANT fails to maintain or make repairs or replacements as required herein, Chief Real Estate Officer shall notify TENANT in writing of said failure. Should TENANT fail to correct the situation within three (3) days after receipt of written notice, Chief Real Estate Officer may make the necessary correction or cause it to be made and the cost thereof, including but not limited to the cost of labor, materials, equipment, and an administrative fee equal to fifteen percent (15%) of the sum of such items, shall be paid by TENANT within ten (10) days of receipt of a statement of said cost from Chief Real Estate Officer. Chief Real Estate Officer may, at Chief Real Estate Officer’s option, choose other remedies available herein, or by law. Failure of TENANT to properly maintain and repair the Premises shall constitute a material breach of the terms of this Lease, upon which the Chief Real Estate Officer may immediately suspend or terminate this Lease.

17. INSURANCE (AML10.1 N)
TENANT agrees to purchase all required insurance at TENANT’s expense and to deposit with the Chief Real Estate Officer certificates of insurance, including all endorsements required herein, or valid evidence of self -insurance necessary to satisfy DISTRICT that the insurance provisions of this Lease have been complied with and to keep such insurance coverage and the evidence, certificates and endorsements therefore on deposit with DISTRICT during the entire term of this Lease.

TENANT agrees that TENANT shall not operate on the Premises at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of Chief Real Estate Officer. In no cases shall assurances by TENANT, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. Chief Real Estate Officer will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. TENANT also agrees that upon cancellation, termination, or expiration of TENANT's insurance, DISTRICT may take whatever steps are necessary to interrupt any operation from or on the Premises until such time as the Chief Real Estate Officer reinstates the Lease.

If TENANT fails to provide Chief Real Estate Officer with a valid certificate of insurance and endorsements, or binder at any time during the term of the Lease, DISTRICT and TENANT agree that this shall constitute a material breach of the Lease. Whether or not a notice of default has or has not been sent to TENANT, said material breach shall permit DISTRICT to take whatever steps necessary to interrupt any operation from or on the Premises, and to prevent any persons, including, but not limited to, members of the general public, and TENANT 's employees and agents, from entering the Premises until such time as Chief Real Estate Officer is provided with adequate evidence of insurance required herein. TENANT 240

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further agrees to hold DISTRICT and County, their elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment, harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from DISTRICT's action.

TENANT may occupy the Premises only upon providing to DISTRICT the required insurance stated herein and maintain such insurance for the entire term of this Lease. DISTRICT reserves the right to terminate this Lease at any time TENANT ’s insurance is canceled or terminated and not reinstated within ten (10) days of said cancellation or termination. TENANT shall pay DISTRICT a fee of One Thousand Five Hundred Dollars ($1,500) for processing the reinstatement of the Lease. TENANT shall provide to DISTRICT immediate notice of said insurance cancellation or termination.

All contractors performing work on behalf of TENANT pursuant to this Lease shall obtain insurance subject to the same terms and conditions as set forth herein for TENANT. TENANT shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by DISTRICT from TENANT under this Lease. It is the obligation of TENANT to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the Premises. Such proof of insurance must be maintained by TENANT through the entirety of this Lease and be available for inspection by a DISTRICT representative at any reasonable time.

All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. If TENANT has an SIR, TENANT, in addition to, and without limitation of, any other indemnity provision(s) in this Lease, agrees to all of the following:
1) In addition to the duty to indemnify and hold DISTRICT harmless against any and all liability, claim, demand or suit resulting from TENANT ’s, its agents, employee’s or subcontractor’s performance of this Agreement, TENANT shall defend DISTRICT at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) TENANT’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and TENANT ’s SIR provision shall be interpreted as though TENANT was an insurer and DISTRICT was the insured.

Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M.

Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).

If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by TENANT shall provide the minimum limits and coverage as set forth below:
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Orange County Flood Control District Parcel-SART
Santa Ana River RFP – Segment 1
City of Orange - Rampart Park

Coverages Minimum Limits
Commercial General Liability $3,000,000 per occurrence $3,000,000 aggregate
Automobile Liability including coverage for
owned, non-owned and hired vehicles
$1,000,000 combined single limit each
accident
Workers' Compensation Statutory
Employers' Liability Insurance $1,000,000 per accident or disease Pollution Liability $1,000,000 per claims made or occurrence Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad.

Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming DISTRICT and the County of Orange, its elected and appointed officials, officers, employees, agents as Additional Insureds. Blanket coverage may also be provided which will state words to the effect of - “As Required By Written Agreement.”
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that TENANT ’s insurance is primary and any insurance or self-insurance maintained by DISTRICT or the County of Orange shall be excess and non-contributing.

The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against DISTRICT and the County of Orange, its elected and appointed officials, officers, agents and employees. Blanket coverage may also be provided which will state words to the effect of – “As Required By Written Agreement.”
The Pollution Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:

1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, employees, and agents as Additional Insureds.

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Orange City CouncilFebruary 10, 2026

Orange City Council
February 10, 2026