Agenda packet — Orange City Council, March 8, 2022 (part 3 of 4)

ATTACHMENT NO. 1

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

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

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the aw arding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under th is section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 389

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistere d contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public w ork pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalt y or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the require ments of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 390

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibit ing the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the orde r with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appe al, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 391

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

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

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

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been a ssessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 393

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

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

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 394

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

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a mu ltiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full socia l security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on th e Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 395

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

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

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the requ ired preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agre ement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 396

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

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprentices hip standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the con tract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are empl oyed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 397

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

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

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 399

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

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contra ct pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
400

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or pena lties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commen cing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a s tate agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 401

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return recei pt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days afte r the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 402

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet t he time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on b ehalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcon tractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this secti on or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 403
Agenda Item
City Council
Item #: 3.27. 3/8/2022 File #: 22-0128
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to New Dynasty Construction Co. for Police Headquarters (HQ) Lobby Roof and Heating, Ventilation and Air Conditioning (HVAC) Rehabilitation; Bid No. 21-22.13

2. SUMMARY
Bids for SP-4130, Police HQ Lobby Roof and HVAC Rehabilitation, were received and opened on February 15, 2022. Six bidders responded to the notice inviting bids. The apparent low bidder is New Dynasty Construction Co. of Tustin, CA for $3,475,221.

3. RECOMMENDED ACTION

1. Approve the contract with New Dynasty Construction Co. in the total amount of $3,822,744, representing an original amount of $3,475,221 plus a 10% contingency of $347,523 for Police HQ Lobby Roof and HVAC Rehabilitation, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $2,500,000 from the Capital Bond Proceeds unreserved fund balance to expenditure account number 553.5028.56020.20444, Capital Bond Proceeds - Police Atrium.

4. FISCAL IMPACT
The total expenditure for this contract is $3,822,744 and will be funded in Police HQ Atrium Rehabilitation (20444) through Capital Bond Proceeds (553).

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

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

6. DISCUSSION AND BACKGROUND
The City Council previously authorized advertisement of bids for the Police HQ Lobby Roof and HVAC Rehabilitation project on October 13, 2021. The bid solicitation was advertised on January 13, 2022 for a period of 34 calendar days and bids were opened on February 15, 2022. Six bids were received as follows:

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1. New Dynasty Construction Co., Tustin, CA $3,475,221

2. Far Electric Inc. dba Far Builders, Anaheim, CA $3,516,280

3. Bon Air Inc., Los Angeles, CA $3,526,000

4. RT Contractor Corp., Garden Grove, CA $4,150,000

5. S&H Construction, Inc., Fremont, CA $4,468,600

6. Robert Clapper Construction Services, Inc., Rialto, CA $4,783,000 (dba R.C. Construction Services)
The apparent low bid is about 3% higher than the engineer’sestimate. City staff performed reference and qualification checks for New Dynasty Construction Co. and determined that they were acceptable. New Dynasty Construction Co. has sufficient years of experience as a general contractor delivering construction contracts of similar size and scope of work. Therefore, staff recommends that New Dynasty Construction Co. be awarded the contract in the amount of $3,822,744, representing an original amount of $3,475,221 plus a 10% contingency of $347,523.

The total estimated construction cost, including 10% for contingencies and 5% for construction management is $4,000,000.

The project includes the replacement of the building lobby skylight roof system, which has had continual leaking issues, with a new standing metal seam roof system. Major components of the buildings HVAC system, including the air handlers, chiller and intake/exhaust fans will be replaced as they have reached the end of their useful life and have had recurrent maintenance issues. A photovoltaic (solar) panel system will be installed on the building’sroof and is estimated to have the capability to provide 16% of the building’sannual energy use. Lastly, the lobby interior will be painted as well as the entryway arch and corresponding accent columns on the south-facing and west-facing building exterior.

As the demolition of the existing roof and subsequent construction of the new roof system will disrupt the normal police operations and services offered to the public from the building lobby, a temporary trailer will be placed in the existing surface parking lot on Struck Avenue. During construction, this parking lot will be closed and fenced off to the public as roughly half of the lot will be designated for construction operations and the other half will be used to house the temporary trailer. During business hours, the trailer will be accessible to the public by way of a temporary gate entryway. At the end of each day, the gate will be locked and closed to the public. As part of the project, the Struck Ave. on-street parking in front of the building frontage, between Batavia Street and the Corporation Yard entrance, will be temporarily changed to One (1) Hour Parking to provide adequate parking for public use.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines section 15301 “Existing Facilities” Class 1. The proposed project is also categorically exempt from the provisions of the National Environmental Policy Act (NEPA) under 24 CFR Section 58.35. The CEQA Notice of Exemption was filed with the County Clerk’s office and posted on January 14, 2022.

Early material procurement will begin in March 2022 with construction commencement anticipated in June 2022 and completion expected 100 calendar days thereafter.

7. ATTACHMENTS
· Bid Abstract
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· Public Works Contract with New Dynasty Construction Co.

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Agenda Item
City Council
Item #: 3.27. 3/8/2022 File #: 22-0128
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to New Dynasty Construction Co. for Police Headquarters (HQ) Lobby Roof and Heating, Ventilation and Air Conditioning (HVAC) Rehabilitation; Bid No. 21-22.13

3. RECOMMENDED ACTION

2. Authorize the appropriation of $2,500,000 from the Capital Bond Proceeds unreserved fund balance to expenditure account number 553.5028.56020.20444, Capital Bond Proceeds - Police Atrium.

4. FISCAL IMPACT
The total expenditure for this contract is $3,822,744 and will be funded in Police HQ Atrium Rehabilitation (20444) through Capital Bond Proceeds (553).

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

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

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Item #: 3.27. 3/8/2022 File #: 22-0128

1. New Dynasty Construction Co., Tustin, CA $3,475,221

2. Far Electric Inc. dba Far Builders, Anaheim, CA $3,516,280

3. Bon Air Inc., Los Angeles, CA $3,526,000

4. RT Contractor Corp., Garden Grove, CA $4,150,000

5. S&H Construction, Inc., Fremont, CA $4,468,600

The total estimated construction cost, including 10% for contingencies and 5% for construction management is $4,000,000.

Early material procurement will begin in March 2022 with construction commencement anticipated in June 2022 and completion expected 100 calendar days thereafter.

7. ATTACHMENTS
· Bid Abstract
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· Public Works Contract with New Dynasty Construction Co.

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City of Orange: Summary of Bid Abstracts for:
1 2 3 4 5 6
Bid No. 21-22.13; Project No. SP-4130
Date of Bid Opening: 2/15/2022
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Remove Existing Roof Glazing and Roof
Glazing Framing and Intall Structural
Steel Beams, New Metal Standing Seam
Roofing Over NEW Rigid Insulation and
New Metal Decking and Associated
Curtain Wall System, Interior, Exterior
Improvements, HVAC System
Improvements, and Temporary Office
Facility
1 LS 2,845,525.00$ $2,845,525.00 $2,960,940.00 $2,960,940.00 $3,122,333.00 $3,122,333.00 $3,176,000.00 $3,176,000.00 $3,690,000.00 $3,690,000.00 $4,068,600.00 $4,068,600.00 $4,037,000.00 $4,037,000.00 2 Install New Photovoltaic Panels and
Associated Equipment
1 LS 540,000.00$ $540,000.00 $514,281.00 $514,281.00 $393,947.00 $393,947.00 $350,000.00 $350,000.00 $460,000.00 $460,000.00 $400,000.00 $400,000.00 $746,000.00 $746,000.00 $3,385,525.00 $3,475,221.00 $3,516,280.00 $3,526,000.00 $4,150,000.00 $4,468,600.00 $4,783,000.00 $3,385,525.00 $3,475,221.00 $3,516,280.00 $3,526,000.00 $4,150,000.00 $4,468,600.00 $4,783,000.00 (Rialto, CA)

ENGINEER'S ESTIMATE
Police HQ Lobby Roof and HVAC Rehabilitation
New Dynasty Construction Co.
(Tustin, CA)
Far Electric Inc, dba Far Builders
(Anaheim, CA)
Robert Clapper Const. Serv.,Inc.
dba R.C. Construction Services
Bon Air Inc.
(Los Angeles, CA)
RT Contractor Corp.
(Garden Grove, CA)
S&H Construction, Inc.
(Fremont, CA)
Grand Total
Sub-Total
Building Improvements

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CONTRACT
[Police HQ Lobby Roof and HVAC Rehabilitation (Bid No. 21-22.13)]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and NEW DYNASTY CONSTRUCTION CO., a California corporation, (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contrac tor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

(1) The Construction Plans for SP-4130, Police HQ Lobby Roof and HVAC Rehabilitation, prepared for City by Wolff/Lang/Christopher Architects, Incorporated , approved by the “Engineer” (as defined herein below) on January 6, 2022, and consisting of sheets numbered 1 through 44, inclusive (the “Plans”);

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

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

(4) The “City of Orange Standard Special Provisions;”

(5) The “Project Special Provisions;”

(6) The “Project Manual (Technical Specifications);”

(7) The Standard Plans; and

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

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

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

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

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

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

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within One Hundred (100) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

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3 ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed THREE MILLION

FOUR HUNDRED SEVENTY -FIVE THOUSAND TWO HUNDRED TWENTY -ONE DOLLARS and 00/100 ($3,475,221.00) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspensio n or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of THREE HUNDRED FORTY- SEVEN THOUSAND FIVE HUNDRED TWENTY-TWO DOLLARS and 10/100 ($347,522.10) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor , up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed THREE MILLION EIGHT HUNDRED TWENTY -TWO THOUSAND SEVEN HUNDRED FORTY-THREE DOLLARS and 10/100 ($3,822,743.10).

ARTICLE 4
Licenses

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

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4 ARTICLE 5
Guarantees

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

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

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

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

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

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

ARTICLE 6
Water Quality

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

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

ARTICLE 7
Independent Contractor; Contractor not Agent

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

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

ARTICLE 8
Public Work; Prevailing Wage

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

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

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed 415
6 and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

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

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prev ailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

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

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

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

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, nationa l origin, mental or physical disability, or any other basis prohibited by applicable law. 416
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.

ARTICLE 11
Indemnity

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

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

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

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
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8 b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

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

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

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

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

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

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

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

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

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

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

f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.

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

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

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

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

ARTICLE 13
Termination

City, acting through its City Manager or his /her designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work , unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in 419
10 compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

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

ARTICLE 15
Compliance with Laws

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

b. Contractor represents and warrants that it:

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

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

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

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

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

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

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

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

ARTICLE 16
Governing Law and Venue

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

ARTICLE 17
Integration and Amendment

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

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

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of 421
12 deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

New Dynasty Construction Co. City of Orange
3002 Dow Avenue, Suite 204 300 E. Chapman Avenue
Tustin, CA 92780 Orange, CA 92866-1591
Attn: Sherwin Chegini Attn: Randy Nguyen

Telephone: 949-502-6400 Telephone: 714-744-5531
E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

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

ARTICLE 20
Counterparts

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

[Remainder of page intentionally left blank; signatures on next page] 422
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Mark A. Murphy
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

NEW DYNASTY CONSTRUCTION CO.,
a California corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

423

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ATTACHMENT NO. 1

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

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

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

Section 1771. Payment of general prevailing rate

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

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently regist ered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public C ontract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand do llars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction a uthorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 426

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contract or or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the un registered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 427

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

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

(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penal ties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 429

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

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

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

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

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preem ployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a c ontractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 432

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

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the publ ic work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as a bove before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in th e same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 433

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

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

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

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of sa id sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
436

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a sepa rate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 437

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undi sputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shal l have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the i ssues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and th e portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall b ear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 438

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subc ontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set f orth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 439
Agenda Item
City Council
Item #: 3.28. 3/8/2022 File #: 22-0116
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Authorize purchase of Dell server maintenance from Sidepath, Inc.

2. SUMMARY
Five of the Dell PowerEdge R740 servers that are hosting VMware are at the end of their warranty period and are due for annual renewal.

3. RECOMMENDED ACTION
Approve the purchase of Dell Server maintenance from Sidepath, Inc. in the amount of $10,749.

4. FISCAL IMPACT
The total expenditure for this purchase is $10,749 and will be funded through Information Systems (780).

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

6. DISCUSSION AND BACKGROUND
Five of the Dell PowerEdge R740 servers that are used to provide VMware services to both the Civic Center and Orange PD datacenters have reached the end of their warranty period and are due for annual renewal. The Dell annual support provides mission critical, 24x7 on-site service, 4-hour maximum response time, and technical support.

7. ATTACHMENTS
· Sidepath Quote No. SIDQ37569
City of Orange Printed on 3/3/2022Page 1 of 1
powered by Legistar™
440
Agenda Item
City Council
Item #: 3.28. 3/8/2022 File #: 22-0116
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Authorize purchase of Dell server maintenance from Sidepath, Inc.

2. SUMMARY
Five of the Dell PowerEdge R740 servers that are hosting VMware are at the end of their warranty period and are due for annual renewal.

3. RECOMMENDED ACTION
Approve the purchase of Dell Server maintenance from Sidepath, Inc. for $10,749.

4. FISCAL IMPACT
The total expenditure for this purchase is $10,749 and will be funded through Information Systems (780).

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

7. ATTACHMENTS
· Sidepath Quote No. SIDQ37569
City of Orange Printed on 3/3/2022Page 1 of 1
powered by Legistar™
441
Quotation
Date:02/14/2222892 Mill Creek DriveLaguna Hills, CA 92653 Quotation #:SIDQ37569Phone (949)748-8700; Fax (949)748-8706www.sidepath.com Valid Until:03/25/22Prepared By:Jessica DentisProject ID:SIDPROJECT34759 Ship To:Bill To:City of Orange City of OrangeSteven Scardina Attn:Steven ScardinaAttn:300 E. Chapman AvenueOrange, CA 92866 300 E. Chapman AvenueOrange, CA 92866Phone:(714) 744-2283 Phone:(714) 744-2283Email:[email protected] Email:[email protected] Part Number Description Unit Price Total1 Year - The Current Support for the Dell items listed below expire on 3/25/2022.The Support Renewal will cover from 3/26/2022 to 3/25/2023. $2,149.86 $10,749.30 5PowerEdge R740 PowerEdge R740 Support Renewal - ProSupport: Mission Critical 4-Hour 7x24On-Site Service with ProSupport: Mission Critical 7x24 Technical Support.(Service Tag #s :GFGM9N2, GFFYLN2, GFGN9N2, GFFWLN2, GFFXLN2) Total $10,749.30 Signature of Acceptance:Signature below from Authorized Signer allows Sidepath to make purchase on behalf of City of Orange based onthe above quotation and payment terms._________________________________________________ Authorized Signature__________________________________________________Printed Name and Title_________________________________________________Date__________________________________________________Purchase Order #NASPO# MNWNC-108 / State Addendum #7-15-70-34-003 / Authorized Reseller Code 98AHBTerms and Conditions are identical to those currently in force.Payment Terms from Ship Date/Order Placement Date:Net 30 If you have any questions regarding this quotation, please contact:Patrick Mulvee(213) [email protected] THANK YOU FOR YOUR BUSINESS!

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Agenda Item
City Council
Item #: 3.29. 3/8/2022 File #: 22-0122
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of Plaza Park Protective Bollards from single source provider, Marshalls LP USA.

2. SUMMARY
Authorize purchase order of $150,000 with Marshalls LP USA, a single source provider of the Plaza bollards. This manufacturer is able to accommodate a shallow foundation bollard without diminishing the integrity as a traffic safety device. The Plaza has shallow utilities which requires this unique bollard design.

3. RECOMMENDED ACTION
Approve purchase order for parts and services with Marshalls LP USA, a single source vendor, in the amount of $150,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $150,000 and will be funded in Minor Traffic Control Devices (16302) through Capital Projects (500) over Fiscal Years 2021-22 and 2022-23.

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

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

6. DISCUSSION AND BACKGROUND
As Old Towne Orange continues to transform into a regional destination, night-time traffic activity has increased substantially. At the same time, the combined effect of (1) the circular intersection’s geometry and (2) numerous drivers’unfamiliarity with navigating a traffic circle contributes to the potential of vehicle incursions into Plaza Park. A number of provisional traffic safety improvements have been introduced over the years to address errant vehicles entering the park. These have included signs, pavement markings, and signal timing changes on the “spokestreets.” Despite these measures, incursions continue to occur and warrant additional actions to improve safety.

While there exists a system of bollards identifying the perimeter of Plaza Park, these are not designed to actually stop a vehicle before it enters the Park. The majority of vehicle incursions tend City of Orange Printed on 3/3/2022Page 1 of 2
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designed to actually stop a vehicle before it enters the Park. The majority of vehicle incursions tend to take a path along one of the parallel pedestrian walkways. To address this issue, staff requests approval of a $150,000 purchase order for the installation of protective, crash-rated bollards on either end of the two parallel east-west pedestrian paths. The bollards are intended to increase the level of safety and comfort for park users, being strategically placed at locations with the highest potential for preventing vehicle incursions into the Park.

Public Works Department staff and City’sHistoric Preservation Planner have been in coordination on selection of the bollard design and placement to ensure compatibility with the historic integrity of Plaza Park. Marshalls LP USA can manufacture the unique bollard system to not detract from Plaza Park’s existing appearance and historical significance, by way of the following features:
· shallow foundation to avoid underground utility and tree root conflicts; · visual compatibility with existing decorative bollards along the outer edge of the circular walkway; and
· minimize the number of bollards being introduced (a total of 8 bollards are being proposed).

The installation of this improvement is expected to take approximately 30 days and will be performed either by City staff or contractor services, depending on resource availability. The City’sarborist will be present for consultation, should any tree roots be exposed during excavation. Plaza Park will remain open throughout the construction period, with only small areas within being temporarily inaccessible.

The proposed project is categorically exempt from the provisions of the California Quality Act (CEQA) under CEQA guidelines Section 15301 “ExistingFacilities”Class 1(f). The Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

The cost of the project will be partitioned over the current and next fiscal year.

7. ATTACHMENTS
· Mock Image of Plaza Bollards
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Agenda Item
City Council
Item #: 3.29. 3/8/2022 File #: 22-0122
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of Plaza Park Protective Bollards from single source provider, Marshalls LP USA.

3. RECOMMENDED ACTION
Approve purchase order for parts and services with Marshalls LP USA, a single source vendor, for $150,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $150,000 and will be funded in Minor Traffic Control Devices (16302) through Capital Projects (500) over Fiscal Years 2021-22 and 2022-23.

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

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

While there exists a system of bollards identifying the perimeter of Plaza Park, these are not designed to actually stop a vehicle before it enters the Park. The majority of vehicle incursions tend City of Orange Printed on 3/3/2022Page 1 of 2
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designed to actually stop a vehicle before it enters the Park. The majority of vehicle incursions tend to take a path along one of the parallel pedestrian walkways. To address this issue, staff requests approval of a $150,000 purchase order for the installation of protective, crash-rated bollards on either end of the two parallel east-west pedestrian paths. The bollards are intended to increase the level of safety and comfort for park users, being strategically placed at locations with the highest potential for preventing vehicle incursions into the Park.

The cost of the project will be partitioned over the current and next fiscal year.

7. ATTACHMENTS
· Mock Image of Plaza Bollards
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Agenda Item
City Council
Item #: 3.30. 3/8/2022 File #: 22-0118
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
General Plan Annual Progress Report to the State of California.

2. SUMMARY
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor’sOffice of Planning and Research and Department of Housing and Community Development. This report summarizes City implementation accomplishments for 2021.

3. RECOMMENDED ACTION
Receive and file the 2021 General Plan Annual Progress Report for submittal to the State.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Not applicable.

6. DISCUSSION AND BACKGROUND
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor’sOffice of Planning and Research and the State Department of Housing and Community Development. Prior to submittal to the State, the annual report must first be presented to the City Council for review and acceptance. As a procedural matter, staff took the annual report to the Planning Commission at its February 23, 2022 meeting (Attachment 1, Planning Commission Staff Report). The Planning Commission unanimously recommended to have the report filed with the City Council for submittal to the State.

The General Plan Annual Report (contained in Attachment 1) details the key implementation actions that the City accomplished or made progress on in 2021. Some highlights of the City’s accomplishments in 2021 include:
· Made significant progress on the progression of the North Tustin Street Specific Plan · Completed multiple ordinance updates
· Processed 1,253 code enforcement cases
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· Undertook multiple intersection signalization projects · Installed Radar Feedback Signs at twelve locations around the city · Completed significant progress on a new Fire Department Headquarters complex · Procured Fire Department vehicles and equipment
· Completed Police Department facility improvements
· Replaced and upgraded Police Department equipment and technology · Expanded the library’s adult and early literacy programs · Coordinated 1,100 meals via a “grab-and-go”lunch at the El Modena Branch Library and donation drives for local nonprofits and organizations
· Renovated the Main Library’s Children’s Courtyard
· Continued annual public right-of-way and infrastructure maintenance including pavement patching and maintenance, slurry seal, concrete replacement, sewer line cleaning and replacement, installation of ADA wheelchair access ramps, water meter replacement, street tree maintenance, pothole repairs, sidewalk installation, fleet vehicle maintenance, water lateral replacement
· Continued design and environmental document preparation for the Santiago Creek Bike Trail extension
· Completed park facility improvement renovation projects at Handy, El Camino, Killefer, and Olive Parks
· Received grant funding to assist in off-setting the cost to replace the failing area lighting at Grijalva Park
Housing Element
The Housing Element is one of the state-mandated elements of the General Plan. The Department of Housing and Community Development (HCD) requires the reporting of Housing Element Implementation on specific state reporting forms. The method of reporting of Housing Element implementation is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its regional housing needs assessment (RHNA) allocation. The City’s Housing Element Implementation Progress Report is contained in Attachment 1.

In summary, building permits were issued for 133 new residential units in 2021: 56 units were accessory dwelling units, three units were single family residences, and 74 units were apartments/multi-family units. More detailed information about unit affordability assumptions is provided in Attachment 1. The one unit that falls into the very-low affordability category was a partnership of the Orange County Health Care Agency in collaboration with Orange County Community Resources and Jamboree Housing for the creation of Cypress House for housing of homeless individuals living with mental illness at 555 N Cypress Street. The City’s progress in meeting its Year 2014-2021 RHNA goals is summarized in the table below.

Building Permit Issuance In Relation to RHNA
Income Level 2014-2021
RHNA (# of
units)
2020 Annual
Report Remaining
RHNA Need
2021 New Units 2021
Remaining
RHNA Need
Very Low 83 74 1 73
Low 59 0 0 0
Moderate 66 0 130 0
Above-Moderate 155 0 2 0
Total 363 74 133 73
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Income Level 2014-2021
RHNA (# of
units)
2020 Annual
Report Remaining
RHNA Need
2021 New Units 2021
Remaining
RHNA Need
Very Low 83 74 1 73
Low 59 0 0 0
Moderate 66 0 130 0
Above-Moderate 155 0 2 0
Total 363 74 133 73
As further detailed in Table D of Attachment 4, the City also continues its efforts to implement the Policy Actions of its Housing Element. Furthermore, preparation of this annual report constitutes implementation of Policy Action 2A: Annual Review of Housing Element.

7. ATTACHMENTS
· Attachment 1 - February 23, 2022, Planning Commission Staff Report (without attachments)
· Attachment 2 - 2010 General Plan Vision Statement
· Attachment 3 - 2022 General Plan Progress Report
· Attachment 4 - Annual Housing Element Implementation Progress Report City of Orange Printed on 3/3/2022Page 3 of 3
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Agenda Item
City Council
Item #: 3.30. 3/8/2022 File #: 22-0118
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
General Plan Annual Progress Report to the State of California.

3. RECOMMENDED ACTION
Receive and file the 2021 General Plan Annual Progress Report for submittal to the State.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Not applicable.

The General Plan Annual Report (contained in Attachment 1) details the key implementation actions that the City accomplished or made progress on in 2021. Some highlights of the City’s accomplishments in 2021 include:
· Made significant progress on the progression of the North Tustin Street Specific Plan · Completed multiple ordinance updates
· Processed 1,253 code enforcement cases
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· Undertook multiple intersection signalization projects · Installed Radar Feedback Signs at twelve locations around the city · Completed significant progress on a new Fire Department Headquarters complex · Procured Fire Department vehicles and equipment
· Completed Police Department facility improvements
· Replaced and upgraded Police Department equipment and technology · Expanded the library’s adult and early literacy programs · Coordinated 1,100 meals via a “grab-and-go”lunch at the El Modena Branch Library and donation drives for local nonprofits and organizations
· Renovated the Main Library’s Children’s Courtyard
· Continued annual public right-of-way and infrastructure maintenance including pavement patching and maintenance, slurry seal, concrete replacement, sewer line cleaning and replacement, installation of ADA wheelchair access ramps, water meter replacement, street tree maintenance, pothole repairs, sidewalk installation, fleet vehicle maintenance, water lateral replacement
· Continued design and environmental document preparation for the Santiago Creek Bike Trail extension
· Completed park facility improvement renovation projects at Handy, El Camino, Killefer, and Olive Parks
· Received grant funding to assist in off-setting the cost to replace the failing area lighting at Grijalva Park
Housing Element
The Housing Element is one of the state-mandated elements of the General Plan. The Department of Housing and Community Development (HCD) requires the reporting of Housing Element Implementation on specific state reporting forms. The method of reporting of Housing Element implementation is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its regional housing needs assessment (RHNA) allocation. The City’s Housing Element Implementation Progress Report is contained in Attachment 1.

Building Permit Issuance In Relation to RHNA
Income Level 2014-2021
RHNA (# of
units)
2020 Annual
Report Remaining
RHNA Need
2021 New Units 2021
Remaining
RHNA Need
Very Low 83 74 1 73
Low 59 0 0 0
Moderate 66 0 130 0
Above-Moderate 155 0 2 0
Total 363 74 133 73
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Income Level 2014-2021
RHNA (# of
units)
2020 Annual
Report Remaining
RHNA Need
2021 New Units 2021
Remaining
RHNA Need
Very Low 83 74 1 73
Low 59 0 0 0
Moderate 66 0 130 0
Above-Moderate 155 0 2 0
Total 363 74 133 73
As further detailed in Table D of Attachment 4, the City also continues its efforts to implement the Policy Actions of its Housing Element. Furthermore, preparation of this annual report constitutes implementation of Policy Action 2A: Annual Review of Housing Element.

7. ATTACHMENTS
· Attachment 1 - February 23, 2022, Planning Commission Staff Report (without attachments)
· Attachment 2 - 2010 General Plan Vision Statement
· Attachment 3 - 2022 General Plan Progress Report
· Attachment 4 - Annual Housing Element Implementation Progress Report City of Orange Printed on 3/3/2022Page 3 of 3
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Agenda Item
Planning Commission
Item #: 5.2. 2/23/2022 File #: 22-0095
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Chad Ortlieb, Senior Planner

1. SUBJECT
General Plan Annual Progress Report to the State of California

2. SUMMARY
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress on its implementation to the Governor’sOffice of Planning and Research and the Department of Housing and Community Development by April 1 of each year.

3. RECOMMENDED ACTION
Receive and file 2021 General Plan Annual Progress.

4. AUTHORIZING GUIDELINES
California Government Code Section 65400 requires that cities submit an annual report on the status of their General Plan and progress on its implementation to the Governor’sOffice of Planning and Research (OPR) and Department of Housing and Community Development (HCD). Prior to submittal to the State, the annual report must be presented to the City Council for review and acceptance. As a procedural matter, staff is bringing this annual report to the Planning Commission for receipt and acceptance prior to the City Council action given the role of the Commission as advisory to the Council in planning matters, including implementation of the General Plan.

5. PROJECT BACKGROUND
The City’s2010 General Plan was adopted on March 9, 2010. State law requires generalized annual reporting on General Plan implementation, with specific reporting requirements and forms related to the Housing Element.

6. PROJECT DESCRIPTION
Over the course of 2021 the City has undertaken a number of activities that implement the goals and policies of the Land Use, Circulation & Mobility, Natural Resources, Cultural Resources & Historic Preservation, Infrastructure, Urban Design, Public Safety, Economic Development, and Housing Elements. These activities also reflect progress made on the programs of the General Plan Implementation Plan.

7. ANALYSIS AND STATEMENT OF THE ISSUES
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Issue 1: General Plan Implementation
General Plan implementation supports the quality of life objectives for the community that serve as the foundation for the General Plan (Attachment 1). Activities undertaken by the City through its Capital Improvement Program, project plans and studies, facility maintenance and management, and inter-agency coordination each play a part in General Plan implementation. Annual report and tracking activities enable the City and State to track progress made on General Plan implementation.

Over the course of 2021, the City continued to make measurable progress in implementing important goals, policies, and programs that span a range of General Plan Elements. The General Plan Implementation Report (Attachment 2) details the key implementation actions that the City accomplished or made progress on in 2021. Some highlights of the City’saccomplishments in 2021 include:
· Made significant progress on preparation of the North Tustin Street Specific Plan · Completed a public draft Housing Element Update resulting in a final draft approved by the City Council in early 2022
· Completed a fence and wall ordinance update
· Completed a comprehensive parking ordinance update
· Completed a small lot subdivision ordinance
· Completed a notification ordinance update
· Initiated a transfer of development rights ordinance
· Processed 1,253 code enforcement cases
· Four signalization projects were constructed, four were in design or pending bids, and three were under construction. Specific sites are in the attached OPR report. · Completed one intersection reconfiguration with a new turn lane and initiated and additional two, also with new turn lanes
· Installed radar feedback signs at twelve locations around the city · Completed significant progress on a new Fire Department Headquarters complex · Procured three fire engines and two Fire Department utility vehicles · Procured cardiac monitors, defibulators, and two chest compression devices · Expanded the Police Department body cameral program
· Refreshed Police Department offices, upgraded the property room storage system to maximize space, and procured an new property room freezer · Replaced ballistic helmets, upgraded and replaced pistols, purchased a narcotics analyzer · Upgraded accident scene technology
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· Implemented new mobile citation writers and printers
· Expanded the library’s adult and early literacy programs with book clubs and materials · Coordinated 1,100 meals via a “grab-and-go”lunch at the El Modena Branch Library and donation drives for local nonprofits and organizations
· Renovated the Main Library’s Children’s Courtyard with the installation of new plants, sculpture, and a water feature
· Continued annual public right-of-way and infrastructure maintenance including pavement patching and maintenance, slurry seal, concrete replacement, sewer line cleaning and replacement, installation of ADA wheelchair access ramps, water meter replacement, street tree maintenance, pothole repairs, sidewalk installation, fleet vehicle maintenance, water lateral replacement
· Continued design and environmental document preparation for the Santiago Creek Bike Trail extension
· Completed the maintenance renovation project at Handy Park which included the installation of a prefabricated community building, parking lot resurfacing, and upgrades to the landscaping, hardscape, and shade structure.
· Completed installation of a tot lot shade sails at El Camino Real and Olive Parks · Installed a new HVAC unit at the Killifer community building · Advanced the design of the park monument sign replacement project · Received grant funding to assist in of-setting the cost to replace the failing area lighting at Grijalva Park
Issue 2: Housing Element
HCD requires the reporting of Housing Element implementation on specific state reporting forms. The method of reporting of Housing Element implementation is established by HCD with the purpose of tracking overall housing production in a community, as well as a jurisdiction’s progress toward meeting its regional housing needs assessment (RHNA) allocation. The City’s Housing Element Implementation Progress Report is included in Attachment 2 of this report. In summary, building permits were issued for 133 new residential units in 2021: 56 units were accessory dwelling units, three units were single family residences, and 74 units were apartments/multi-family units. The single -family residential units are assumed to fall into the Above-Moderate income category and the accessory dwelling units and apartments/multi-family units are assumed to fall in the Moderate income category. It is possible that some of the accessory dwelling units could be affordable to low income families as well but the City does not have data to substantiate ADU affordability at this time.

The one unit that falls into the very-low affordability category was a partnership of the Orange County Health Care Agency in collaboration with Orange County Community Resources and Jamboree Housing for the creation of Cypress House for housing of homeless individuals living with mental illness at 555 N. Cypress Street. The City’sprogress in meeting its Year 2014-2021 RHNA goals is summarized in the table below.

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Building Permit Issuance In Relation to RHNA
Income Level 2014-2021
RHNA (# of
units)
2020 Annual
Report Remaining
RHNA Need
2021 New Units 2021
Remaining
RHNA Need
Very Low 83 74 1 73
Low 59 0 0 0
Moderate 66 0 130 0
Above-Moderate 155 0 2 0
Total 363 74 133 73
As further detailed in Table D of Attachment 3, the City also continues its efforts to implement the Policy Actions of its Housing Element. Furthermore, preparation of this annual report constitutes implementation of Policy Action 2: Annual Review of Housing Element.

8. PUBLIC NOTICE
No public notification is required for this report to the Planning Commission.

9. ENVIRONMENTAL REVIEW
Since this item is informational in nature and involves no action by the Planning Commission, CEQA does not apply. Notwithstanding, Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with CEQA. The implementation activities identified in the subject report are addressed in the previously-approved General Plan EIR.

10. ADVISORY BOARD ACTION
The Annual General Plan Report is not reviewed by either the Streamlined, Multi-disciplined, Accelerated Review Team (SMART) Committee or the Design Review Committee because it is an informational report.

11. ATTACHMENTS
· Attachment 1 - 2010 General Plan Vision Statement
· Attachment 2 - 2021 General Plan Progress Report
· Attachment 3 - Annual Housing Element Implementation Progress Report City of Orange Printed on 2/17/2022Page 4 of 4
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INTRODUCTION

ORANGE GENERAL PLAN
I-17
A VISION FOR ORANGE: 2030
Preamble
The people, neighborhoods, businesses, and educatio nal and religious institutions define Orange.

Our identity has been enhanced because we have hono red the past while creating our future. We must continue to maintain our small town character within residential neighborhoods, while providing a wide range of services, products, and amenities in our commercial, retail, and industrial districts.

Where We Live
Our vision for Orange is to continue to provide housing for all lifestyles within its diverse population. The General Plan will strive to maintai n the different residential areas that make Orange unique: whether living in a semi-rural area that provides scenic views of natural be auty and convenient access to nature and trails; residin g in a traditional suburban neighborhood setting; or enjoying the urban core experience near shops, restaurants, civic facilities, and public services. In the future, we will strive to achieve the following objectives:
Orange must continue to encourage a variety of livi ng environments for a diverse population, consistent with existing neighborhoods.
The City will build upon existing assets to create a living, active, and diverse environment that complements all lifestyles and enhances neighborhoo ds, without compromising the valued resources that make Orange unique.
The City will continue efforts to protect and enhan ce its historic core. This same type of care and attention will be applied throughout the rest of the City. The City will work to improve the quality of life f or all residents by providing residential, commercial, industrial, and public uses that exist in harmony with the surrounding urban and natural environments.
Residential areas will be connected to commercial, recreational, and open space areas, as wel l as educational and cultural facilities via a balanc ed, multi-modal circulation network that accommodates vehicles, pedestrians, cyclists, hikers, and equestrians. This network will create additional opportunities for walking and biking, en hancing safety and well-being for neighborhoods and businesses.
The City will encourage a local economy that provid es ample commercial, financial, office, and industrial opportunities that provide employment an d sufficient revenue to support important community services.
Orange recognizes the importance of managing develo pment in a manner that ensures adequate and timely public services and infrastruct ure and limits impacts on the natural environment.
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INTRODUCTION

ORANGE GENERAL PLAN
I-18
Where We Work
Our vision for Orange is to find an appropriate bal ance between residential, commercial, and industrial demands. This vision encourages the City ’s retail districts to improve piece by piece, so that their efforts will result in a public realm al ong Chapman Avenue, Tustin Street, Katella Avenue, and Main Street that will be characterized by visually attractive commercial development, active public areas, high-quality streetscapes, and innovative design that complements Orange’s heritage.

To achieve our vision, we shall work toward the following objectives:
The City will strive to provide for a range of busi nesses including both small, family-owned businesses and larger businesses that serve a regional market. The appearance and variety of commercial, retail, i ndustrial, and employment centers will reflect the pride that residents have for Orange, a s well as the long-term investments the City has made in its infrastructure.
Orange will tap into the entertainment and hospital ity markets by enabling development of high-quality facilities strategically located near other regional tourist draws. We will continue to support educational and medical institutions and other industries that provide high paying jobs and are major contributors to the community.

Where We Play
Our community recognizes that its quality of life w ill be judged by how well we connect with our surroundings. Therefore, this General Plan has focu sed on maintaining and creating those special places that bring us together. It is paramount to r einforce the connections between those places and the community, so that all our residents and vi sitors can share and enjoy the outdoors and other activities.

Therefore, our Vision includes the following objectives:
The City will work to define neighborhoods through the use of open space areas and a trail system that provides a source of aesthetic beauty a nd recreational opportunities. These open space areas support a healthy and active community.
We will continue to protect our critical watersheds , such as Santiago Creek, and other significant natural and open space resources.
The City will strive to build a comprehensive system of parks, open space, equestrian areas, scenic resources, undeveloped natural areas, as well as a full array of recreational, educational, and cultural offerings such as libraries, sports, entertainment areas, and play facilities. We will develop a connected multi-modal network for traveling from one end of town to the other that provides the option for residents from d ifferent neighborhoods to access parks, open spaces, and scenic areas by vehicle, transit, foot, bicycle or, where appropriate, horse. 459
1 City of Orange General Plan Implementation Report For Calendar Year 2021

1. Introduction
The 2010 General Plan provides a strategic program for addressing and planning for the quality of life and needs of the communit y through 2030. The document consists of a Communit y Vision Statement that is supported by goals, policies and implementation programs presented in 11 elements. The content strives to address regional and state issues, and ensure that a multi- disciplinary approach is taken with the change and physical evolution that occurs in the City.

The complete General Plan, Implementation Plan, and Program EIR are available on the City’s website at:
https://www.cityoforange.org/our-city/departments/community-development/planning-division

2. Table of Contents
The Table of Contents was submitted to the State Office of Planning and Research (OPR) in April 2011 and is on file.

3. Date of Presentation/Acceptance by Local Legislative Body The City Council adopted the 2010 General Plan and certified the associated Program EIR on March 9, 2010. Resolutions 10425 and 10436 are on file with the OPR. The City adopted a General Plan Amendment on December 8, 2015 that represented an accuracy review and technical cleanup of the General Plan. City Council Resolution 10911 related to this accuracy update is on file with OPR.

4. General Plan Implementation Actions in 2021
During the 2021 calendar year the City accomplished or made significant progress on key implementation actions including:

Zoning Code Update (Implementation Program I-1): In 2021, staff continued work on updating sign standards and staff continued to make significant progress towards the creation of the North Tustin Street Specific Plan, which is anticipated to conclude in early 2022 . Also in 2021, staff completed a comprehensive parking code update, a local accessory dwelling unit and junior accessory dwelling unit ordinance update, completed an ordinance which updated project notification requirements, completed a fence and wall ordinance update, and a small lot subdivision ordinance. The noticing ordinance and the fence and wall ordinance were completed in late 2021 and will take effect in early 2022.

These activities implement Goals 1.0, 6.0, and 8.0 and Policies 1.1, 1.2, 1.3, 1.4, 6.1, 6.2, 6.6,

8.1 and 8.3 of the Land Use Element; Goal 7.0 and Policies 7.2, 7.5, and 7.6 of the Public Safety Element; Goals 1.0, 2.0, and 5.0 and Policies 1.1,1.2, 1.3, 2.2, 5.1, and 5.2 of the Noise Element; Goals 1.0, 4.0, and 6.0 and Policies 1.1, 1.4, 4.1, 6.1, and 6.3 of the Urban Design Element; and Goals 1.0, 3.0, 1.0, 3.0, 5.0, and 7.0 and Policies 1.1, 1.5, 3.2, 3.4, 5.2, 5.4, 5.5, 460
2 7.1 and 7.2 of the Economic Development Element.

Specific Plans and Neighborhood Plans (Implementation Program I-3): In 2020, the City secured SB2 and LEAP Grant funding and retained a consultant to prepare a North Tustin Street Specific Plan (NTSSP). In 2021, the traffic, market, and infrastructure analysis was completed and multiple public outreach sessions occurred. The foundation of the plan has been prepared and is anticipated to be completed in late 2022. The plan is anticipated to include all the goals in Implementation Program 1-3, will be a market based plan vision, and will include an analysis of the plan area’s capacity to introduce additional housing.

The City also worked on the review and refinement of the draft Chapman University Specific Plan update. An environm ental impact report is presently under preparation for the specific plan, with public hearing anticipated in 2023.

This activity is anticipated to implement Goals 1.0, 2.0, 3.0, 6.0, and 8.0 and Policies 1.1. 1.2,

1.3, 1.4, 1.6, 1.7, 2.4, 2.5, 2. 6, 2.7, 2.8. 2.9, 3.1, 3.2, 3 .3, 3.4, 6.1, 6.3, 6.4, 6.6, 6.8, 8.1, 8.2, and 8.3 of the Land Use Element; Goals 1.0, 2.0, 3.0, 4.0, 5.0, and 6.0 and Policies 1.1, 1.2, 1.3,

1.7, 2.5, 2.6, 3.2, 3.3, 4.2, 4.7, 5.2 , 5.3, 5.4, and 6.3 of the Circulation & Mobility Element; Goals 1.0 and 2. 0 and Policies 1.1, 1.4, 1.5,1.6, 1.7, 1.8, 1.9, 2.3, and 2.4 of the Growth Management Element; Goals 2.0 and 5.0 and Policies 2.2, 2.3, 2.6, 2.8, 2.14, 2.15, and 5.4 of the Natural Resources Element; Goals 2.0, 7.0, 9.0 and Polices 2.4, 7.2, 7.3, 7.4, 7.5, and 9.3 of the Public Safety Element; Goals 1.0, 2.0, and 5.0 and Policies 1.2, 1.3, 1.5, 2.1, 2.2, 2.3, 2.5,

5.1, 5.2, and 5.3 of the Noise Element; Goals 1.0 and 3.0 and Policies 1.1, 1.6, 3.5, and 3.6 of the Infrastructure Element; Goals 1.0, 2.0, 3.0, 4.0, and 6.0 and Policies 1.1, 1.2, 1.3, 1.5, 2.1,

2.2, 2.3, 2.4, 2.5, 3.1, 4.1, 4.2, 4.3, 4.5, 6.1, 6.2, 6.3, 6.4, and 6.5 of the Urban Design Element; Goals 1.0, 2.0, 3.0, 4.0, 5.0, and 7.0 and Policies 1.1, 1.5, 2.5, 3.4, 4.2, 4.3, 5.2, 5.4,

5.5, 7.1, and 7.2 of the Economic Development Element; and Goals 1.0, 2.0, 3.0, 4.0, and 5.0 of the Housing Element.

Plans, Standards, and Guidelines (I mplementation Program 1-4): In 2021, the Cit y continued the preparation of the North Tustin Street Specific Plan, as stated above. The plan will replace the Tustin Street Design Standards and will implement or improve upon other plans, standards, and guidelines such as the Bikeways Master Plan, Residential Neighborhood Traffic Management Program, Urban Water Management Plan, Design guidelines, Street Tree Master Plan, and Noise standards and guidelines for new construction in mixed-use districts.

The City also worked on the review and refinement of the draft Chapman Un iversity Specific Plan update which will include refinements to existing landscape, streetscape, and design standards.

This activity is anticipated to implement Goals 1.0, 2.0, 3.0, 6.0, and Policies 1.2, 1.4, 1.6, 2.5,

Transfer of Develop ment Rights Ordinance ( Implementation Program I-5): In 2021, the City selected a consultant and began preparation of a Transfer of Development Rights Ordinance. Completion is anticipated in 2022.

This activity implements Goals 1.0, 2.0, 5.0 and Policies 1.2, 1.3, 2.1, 2.2, and 2.8 of the Land Use Element; Goal 5.0 and Policy 5.4 of the Circulation and Mobility Element; Goal 1.0 and Policies 1.6, 1.8, 2.4, and 3.2 of the Growth Management Element; Goal 5.0 and Policies 5.4,

5.5 and 5.7 of the Natural Resources Element; Goals 4.0 5.0, and 6.0 and Policies 4.1, 5.3, and 6.2 of the Urban Design Element; Goals 3.0 and 7.0 and Policies 3.3, 4.3, 5.4, 7.1, and

7.2 of the Economic Development Element; and Goal 3.0 of the Housing Element.

Code Enforcement (Implementation Program I-8): In 2021, 1,253 code enforcement cases of all types were opened and 1, 113 cases were closed. Although nearly all code enforcement cases relate to property maintenance in some form, 485 cases specifically involving property maintenance were opened in 2021.

This activity implements Goals 5.0 and 7.0 and Policy 7.5 of the Land Use Element; Goal 7.0 of the Safety Element; Goal 1.0 and Policy 1.4 of the Noise Element; Goals 4 .0 and 5.0 and Policies 4.2 and, 5.2 of the Economic Development Element; and, Policy Action 24 of the Housing Element.

Building and Fire Codes (Implementation Program I-9): In 2019, the City adopted by Resolution the 2019 California Fire Code and the 2019 California Building Code with modification and chan ges to address local conditions in compli ance with State law. The updated Fire and Building Codes went into effect on Januar y 1, 2020. In 2021 the State, and by extension the City, adopted a supplemental c ode requirement regulating Energy Storage Systems installed in dwelling units or in garages attached to dwelling units.

This activity implements Goals 1.0, 3.0, and 7.0 of the Public Safety Element, pertaining to ensuring safe structures, protecting communities against fire hazards, and improving community safety by reducing opportunities for criminal activity.

Traffic Signals (Implementation Progr am I -10): Several si gnalization projects were completing design in 202 1 and man y have pendin g bids for construction in 202 1. Those projects include:
 Glassell Street at Meats Avenue Left Turn Phase Signalization – Pending to bid  Chapman Avenue at Batavia Street Traffic Signal Modification – Pending to bid  Palmyra Avenue at Glassell Street New Traffic Signal – In design  Tustin Street at La Veta Avenue Signal modification – Pending to bid

462
4 The following projects were implemented in 2021:
 Radar Feedback Sign Installation (various locations) – Completed  Katella Avenue at Struck Avenue Signal Modification – Completed  Chapman Avenue at James Street – Signal Modification – Completed  Accessible Pedestrian Signals Upgrade at various locations - Completed

The following projects were under construction in 2021:
 Glassell Street at Collins Avenue Left Turn Phase Signalization – Under Construction  Chapman Avenue at Flower Street Left Turn Phase Signalization – Under Construction  Chapman Ave. at Feldner Street Left Turn Phase Signalization – Under Construction

This activity implements Goals 1.0 and Policy 1. 2 of the Circulation an d Mobility Element; Goal 3.0 and Policy 3.3 of the Infrastructure Element; and, Goal 6.0, and Policies 6.1 and 6.2 of the Economic Development Element.

Intersection Improvements (Implementation Program I-11): “Critical Intersections” consist of key intersections with historical or projected traffic congestion problems. In 202 1, construction was completed for the following intersection improvements:
 Katella Avenue at Struck Avenue Intersection Reconfiguration - Completed

In 2021, the following intersection improvement projects were initiated:
 Cannon Street at Serrano Avenue Intersection Reconfiguration – Pending to bid  Spring Street at Prospect Street Intersection Modification – Under Construction

This activity implements Goal 1.0 and Policy 1.2 of the Circulation and Mobility Element; Goal 3.0 and Policies 3.1 and 3.3 of the Infrastructure Element; and, Goal 6.0 and Policy

6.1 and 6.2 of the Economic Development Element.

Pedestrian-Oriented Streetscape Master Plan (Implementation Program 1-13): Although not all commercial corridors are included, the NTSSP area is anticipated to integrate General Plan concepts related to pedestrian facilities, streetscapes, urban green zones, façade improvements, and si gnage as stated in Implementation Program 1 -13. The NTSSP was initiated in 2020 and is anticipated to complete in late-2022. Upon approval NTSSP concepts would be anticipated to be replicated and customized in the creation of a city-wide streetscape master plan.

This activity is anticipated to implement Goals 1.0, 2.0, 3.0, 6.0, and Policies 1.2, 1.4, 1.6, 2.5,

2.6, 2.7, 2.8. 3.1, 3.3, 6.1, 6.3, 6.6, and 6.8 of the Land Use Element; Goals 1.0, 2.0, 3.0, 4.0 , and 6.0 and Policies 1.1, 1.3, 1.7, 2.5, 2.6, 3.2, 3.3, 4.2, 4.7, and 6.3 of the Circulation & Mobility Element; Goal 1.0 and Policies 1.1, 1.5,1.6, 1.7, and 1.9 of the Growth Management Element; Goal 2.0 and Policies 2.2, 2.3, 2.6, 2.8, 2.14, 2.15 of the Natural Resources Element; Goals 2.0, 7.0, 9.0 and Po lices 2.4, 7.2, 7.3, 7.4, 7.5 , and 9.3 of the Pub lic Safety E lement; Goals 1.0, 2.0, and 5.0 and Policies 1.2, 1.3, 1.5, 2.2, 2.3, 2.5, 5.1, and 5.2 of the Noise Element; Goal 3.0 and Policy 3.5 of the Infrastructure Element; Goals 1.0, 2.0, 3.0, 4.0, and 6.0 and Policies 1.1, 1.2, 1.3, 1.5, 2.2, 2.3, 2.4, 2.5, 3.1, 4.1, 4.2, 4.3, 6.1, and 6.2 of the Urban Design Element; and Goal 5.0, and Policy 5.2 of the Economic Development Element. 463
5 Streetscape Improvement Program and City Scenic Highways (Implementation Program 1- 14): Much like the Pedestrian -oriented Streetscape Master Plan, man y of the ideas and concepts developed under the NTSSP are anticipated to be replicated in a citywide streetscape improvement program. The NTSSP was initiated in 2020 with substantial progress in 2021 and, upon completion, a significant sampling of public support for lighting, paving materials, street trees, and other plantin gs will have been obtained and Cit y Council support will be revealed upon final approval, thus making replication easier. Project completion will occur in late 2022.

This activity is anticipated to implement Goals 2.0, 3.0, 6.0, and Policies 2.6, 2.7, 3.3, 6.1, 6.3,

6.6, and 6.8 of the Land Use Element; Goals 1.0, 3.0, 4.0, and 6.0 and Policies 1.1, 1.3, 3.2,

3.3, 4.2, 4.5, 4.7, and 6.3 of the Circulation & Mobility Element; Goal 1.0 and Policy and 1.9 of the Growth Management Element; Goal 2.0 and Policies 2.2, 2.3, and 2.8 of the Natural Resources Element; Goals 2.0, 7.0, 9.0 and Polices 2.4, 7.2, 7.3, 7.4, 7.5, and 9.3 of the Public Safety Element; Goal 2.0 and Policies 2.2, 2.3, and 2.5 of the Noise Element; Goal 3.0 and Policies 3.1, 3.3, 3.4 , and 3.5 of the Infrastructure Element; Goals 1.0, 2.0, 3.0, and 4.0 and Policies 1.1, 1.2, 1.3, 1.5, 2.2, 2.3, 2.4, 2.5, 3.1, 4.1, 4.2, and 4.3 of the Urban Design Element; and Goal 5.0, and Policy 5.2 of the Economic Development Element.

Operating Budget (Implementation Program I-15): In 2021, the City continued to maintain necessary levels of City services for infrastructure such as water, sewer, roads and, parks; and, for recreation programs, public safet y, and capital improvement and private development review.

Although all General Plan Goals and Policies relate to the operating budget, the most directly related Goals and Policies to the implementation program include Goals 1.0 and 5.0 and Policies 1.7, 5.6, 5.7 and, 6.4 of the Land Use Element; Goals 1.0, 2.0, 3.0, 4.0, 6.0 and Policies

1.1, 1.2, 1.6, 3.2, 4.5, 4.7 and, 6.1 - 6.3 of the Circulation & Mobility Element; Goals 2.0 and 5.0 and Policies 2.3, 2.13, 5.1, 5.2, 5.5, 6.2 of the Natural Resources Element; Goals

3.0 and 6.0 and Policies 3.4, 3.8, 6.1, 6.2, 6.3 of the Public Safety Element; Goal 5.0 and Policies 5.1 and 5.5 of the Cultural Resources Element; Goals 1.0, 2.0 and, 3.0 and Policies

1.1, 1.2, 1.5, 2.1, 3.1, 3.2, 3.3 and, 3.5 of the Infrastructure Element; and, Goals 2.0, 5.0 and

6.0 and Policies 2.4, 5.4, 6.1 and, 6.2 of the Economic Development Element.

Community Character Design Elements (Implementation Program I-24): In 2021, the City continued to work on the NTSSP. The plan will include unified streetscape design with provisions for street trees, sidewalk widths, street furniture, and utility considerations. The plan will also establish a theme for open space, building orientation, parking lot screenin g, architectural standards, and landscaping that is anticipated to bring recognition of the corridor which spans from Katella to Lincoln Avenues. Corridor entry nodes are anticipated to be recognizable through monumentation standards established by the plan. Plan completion is targeted for late 2022.

This activity implements Goals 1.0, 2.0, and 6.0, and Policies 1.4, 2.7, 6.1, 6.8, and 6.11 of the Land Use Element; Goals 2.0 and, 4.0 and Policies 4.4 and, 4.5 of the Cultural Resources Element; Goals 1.0, 2.0, 3.0, 4.0, and 6.0, and Policies 1.1, 1.2, 2.3, 3.1, 3.2, 3.3, 4.2, 4.3, 6.4, and 6.5; and Policy 1.2 of the Economic Development Element. 464
6 Green Space Initiatives (Implementation Program I-25): In 2020, the Cit y procured SB2 grant funds to draft a transfer development ri ghts (TDR) ordinance. A goal of the TDR ordinance is to create open spaces in the City’s Urban Mixed Use Zoning Districts. The City selected a consultant in 2021 and work has begun on a feasibility analysis that will be used as the foundation for completion a draft TDR ordinance.

This activity implements Goals 1.0, and 6.0, and Policies 1.7, 2.8, 6.3, and 6.4 of the Land Use Element; Goals 1.0, and 5.0 and Policies 1.2, 5.4 and 5.7 of the Natural Resources Element; and, Goals 1.0, 4.0, and 6.0 and Policies 1.1, 4.1. 4.3, 4.5, 6.2, and 6.3 of the Urban Design Element

Fire Hazard Information and Suppression (Implementation Program I-27): In 2021, the Orange Fire Department purchased/outfitted one Type I Fire Engine, one OES Type 1 Fire Engine, one OES Type 6 Fire Engine, and two utility vehicles. The Fire Department purchased new cardiac monitors and defibrillators that are used for cardiac rhythm and heart r ate monitoring, as well as a defibrillator should an individual suffer cardiac arrest. Two new automatic chest compression devices were purchased. These devices are used to assist with CPR on patients in cardiac arrest. Construction for the new Fire Headquarters is in progress and is scheduled to be completed in June 2022. The Fire and Police Departments provided Community Emergency Response Team (CERT) trainings in 2021 with one to 50 participants.

This activity implements Goal 3.0 and Policies 3.4, 3.6, and 3.8, and Goal 8.0 and Policies 8.1 and 8.2 of the Public Safety Element, pertaining to fire protection, and emergency preparedness.

Hazardous Materials Monitoring (Implementation Program I-29): The Fire Department manages 624 hazmat sites. All sites are verified for hazmat activity once a year.

This activity implements Goal 4.0 and Policies 4.1 - 4.4 of the Public Safety Element.

Noise Regulations (Implementation Program I-30): In 2021, City code enforcement staff responded to 41 noise complaints. Additionally, during the course of entitlement application review, planning staff provided applicants with comments regarding appropriate placement of walls , landscaping, outdoor open spaces, building orientation, and hours of operation to reduce the interface of projects with potential noise sources or to reduce potential noise sources introduced by the project from creating impacts to adjacent uses. Projects in initial stages of review are frequently amended to include staff-recommended design features to reduce potential noise issues. In 2021, several projects included noise conditions related to those situations identified during initial plan review to ensure design features are implemented or so that operating conditions are limited to reduce potential noise issues. Additionally, the City adopted a new wall and fence ordinance in 2021 which increased allowable wall height which should reduce commercial and transportation noise sources. The General Plan Noise Contour Map was specifically utilized in identifying locations for increased wall heights.

This activity implements Goal 6.0 and Policies 1.6, 3.4, 4.3, 6.2, and 6.10 of the Land Use Element; Goals 1.0, 2.0, 3.0, 5.0, 6.0, and 7.0 and, Policies 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 2.1, 2.2, 465
7 3.1, 5.1, 5.2, 5.3, 6.1, 7.2, 7.3, and 7.4.

Library Programs (Implementation Program I-31):

In 2021, Library Services continued service throughout the COVID-19 pandemic and adapted services as needed to meet the needs of the community and comply with local health ordinances. The library has continued provided alternative services after the State’ s stay-at- home order lifted including curbside services, virtual programming and expanded online resources. The library celebrated local history th rough the Heritage Days program where the Library collaborated with other City departments and local historical groups to create and display historic photos at City Hall and the Library. Furthermore, the Library’s Adult Literacy Program was expanded in yea r five with new book clubs for learners and tutors. The library worked with the City Website Committee to prepare for the website migration from Civic+ to Granicus. The library expanded the early literacy and STEAM collections, materials, and programming for children and teens, including the 1000 Books before Kindergarten literacy program, with funding received from the California State Library’s Shared Vision Grants.

The library renovated the Children’s Courtyard landscape with the installation of new pl ants, sculpture, and a water feature to provide a more inviting space for children and families.

The library in collaboration with Orange Unified School District, presented a “grab -and-go” Lunch at the Library summer program at the El Modena Branch Library that served over 1,100 meals to children during the pandemic. The library expanded the ukulele collection, materials, and instructional programming via funding from the California State Library’s Copycat Grant.

And the library coordinated donation drive s for local nonprofits and organizations, including the Friendly Center and the American Red Cross, to help the residents of Orange and the surrounding communities.

This activity implements Goals 1.0, 3.0, 4.0 and 5 .0, and Policies 1.1, 1.2, 3.1, 4.3, 4.6 and,

5.1 - 5.5, of the Cultural Resources and Historic Preservation Element.

Flood Control and Storm Drain Facilities (Implementation Program I-32): The City performed routine inspections of storm drains, removing debris from catch basins and maintaining storm drain facilities to minimize the potential for local floodin g. Additionally, the Community Services Department continued an on going creek maintenance pro gram to include removal of debris and clearing of vegetation in the Santiago Creek in order to improve visibility, eliminate concealment for encampments, and provide accessibilit y for security and maintenance purposes.

This activity implements Goal 2.0 of the Public Safety Element; and, Goal 1.0 and Policies 1.1 and 1.2 of the Infrastructure Element, pertaining to sufficient maintenance of infrastructure systems.

Solid Waste and Recycling Services (Implementation Programs I-33 and IV-5): In addition to routine collection of trash, recyclable materials, and diversion of construction waste, in 2021, the City and CR&R continues with the current franchise agreement for the next 4.5 years with the possibility to extend. The residential cart service green waste cart became an organics 466
8 cart. This allowed for customers to comingle landscaping green waste and food waste into a single cart. Green Waste Bins were also offered to Commercial and Multifamily uses. Food Waste carts/bins have continued to be offered to commercial accounts. In compliance with the CalRecycle lowered threshold under AB 1826, businesses that generate two cubic yards of solid waste per week have been required to arrange for food waste recycling. The prior threshold was four cubic yards. The agreement with CR&R also put into place an Edible Food Recovery Program. CR&R has partnered Abound Food Care to facilitate edible food recovery for distribution to those in need. Lastly, split bins are now offered where infrastructure space is limited . This allows businesses to meet AB 341 compliance by recycling. Additionally, through the City’s contract with CR&R Orange has two dedicated recycling coordinators as part of AB 1383. These coordinators are going to business and multifamily properties as well as making calls regarding recycling efforts and opportunities. The City has also applied for the SB 183 Grant offered by CalRecycle. If awarded, the City plans to use these resources to help supplement education and outreach about SB 1383.

This activity implements Goal 7.0 and Policy 7.4 of the Land Use Element; Goal 2.0 and Policy

2.5 of the Natural Resources Element; and, Goal 2.0 and Policies 2.1 – 2.4 of the Infrastructure Element.

Noise Standards and Acoustical Studies for Noise Reduction (Implementation Programs I-34 and III-18): In 2021, staff continued to review noise analyses and provide mitigation for entitlement projects identified as having the potential to cause construction noise, operational noise, and to mitigate existing noise environments for project occupants.

This activity implements Goal 6.0 and Policy 6.2 of the Land Use Element; and, Goals 1.0, 2.0,

3.0, 5.0, 6.0 and, 7.0 and Policies 1.1 – 1.6, 2.1 - 2.5, 3.1, 5.1- 5.3, 6.1, 6.2 and, 7.1- 7.4 of the Noise Element.

Vehicle Noise Reduction ( Implementation Program 1-37): In 2021, the Cit y continued to secure funding for the purchase and installation of Radar Feedback Sign Installation. These signs provide a visual reminder of vehicle speed and help reduce excessive speeding, thereby also reducing vehicular noise . In 2021, the City installed Radar Feedback Signs at twelve locations around the city. There are now 30 locations in Orange that have the Radar Feedback signs.

The City continues to utilize rubberized asphalt to overlay street improvement projects along arterials, which assists in reducing vehicle noise.

This activity implements Goal 1.0 and Policy 1.3 of the Circulation and Mobility Element; Goal 2.0 and Policies 2.2 and 2.5 of the Noise Element ; and Goal 9.0 and Policy 9.3 of the Public Safety Element

Capital Improvement Program Projects (Implementation Program Section II-1 and V-1):

A number of Capital Improvement Program projects were initiated or completed during 2021.

These projects include:

 All projects under Traffic Signals (Implementation Program I-10), and Intersection 467
9 Improvements (Implementation Program I-11)
 Completed annual pavement maintenance
 Completed annual slurry seal
 Completed annual concrete replacement
 Completed Hoover Street Neighborhood Street rehabilitation  Completed Annual Sewer Replacement/Maintenance
 Completed CDBG ADA Wheelchair Access Ramps at Various Locations  Replaced 2,163 water meters
 Produced or imported 8,763,924,041 gallons of water
 Repaired 35 main leaks and 12,798 meter leaks
 Reconstructed 17,509 square feet of sidewalk, 3,442 linear feet of curb and gutter, and 3,820 linear feet of sewer main
 Maintained and trimmed over 6,000 city street trees
 Completed over 350 pothole repairs
 Flushed all City fire hydrants, painted 1,100 hydrants, and began a four-year hydrant painting cycle
 Exercised 4,313 fire hydrants
 Exercised 824 main line valves
 Completed the cleaning of over 600,000 linear feet of sewer line  Responded to and marked 5,377 Underground Service Alerts  Completed multiple preventative vehicle maintenance services and repairs to the City’s fleet including Fire and Police vehicles
 Replaced 168 plastic water service laterals with copper pipe  Completed multiple square feet of asphalt repairs and patching  Completed Fire Station No. 2 Apparatus Bay
 Initiated implementation for the Chapman Avenue and Flower Street Left Turn Signal Improvements project
 Initiated implementation for the Chapman Avenue and Feldner Street Left Turn Signal Improvements project
 Initiated implementation for the Glassell Street and Collins Avenue Left Turn Signal Improvements project
 Initiated construction for the Glassell Street and Meats Avenue Left Turn Signal Improvements project
 Initiated construction for Accessible Pedestrian (APS) Upgrade project  Expanded the body worn camera program in the Police Department to include all field personnel that interact with the community in any type of enforcement activity  Refreshed the office of the Chief of Police with paint and furniture to improve the workspace and accommodate seating for guests and storage needs  Refreshed the Homeland Security Office with an expansion, carpet, paint and lighting in preparation for new Emergency Manager
 Replaced ballistic helmets, in compliance with the Orange Police Department policy, to maximize officer safety
 Upgraded and replaced 25 pistols for S.W.A.T. team
 Completed an upgrade of the Property room storage system to maximize storage space and quick retrieval of stored property while also minimizing safety hazards  Completed installation of a new Property room freezer for evidence storage  Upgraded the Police Department crime and accident scene reconstruction laser scanner to bring technology and functionality of the system up to current standards while also 468
10 improving reliability of the system
 Implemented new mobile citation writers and printers in the Traffic Division to comply with Assembly Bill 953 - Racial and Identity Profiling Act (RIPA) and to facilitate evidence access through Evidence.com
 Purchased a handheld narcotics analyzer

These activities implement Goals 1.0 and 5.0, and Policies 1.1, 1.7, 2.4, 3.3, 5.3, 5.6, 5.7, 5.9,

6.3 and 6.4 of the Land Use Element; Goals 1.0, 2.0, and 4.0 and Policies 1.1, 1.2, 1.6, 2.3,

4.7 and, 5.2 of the Circulation and Mobility Element; Goals 1.0 and 2.0 and Policy 2.1 of the Growth Management Element; Goals 2.0, 5.0, and 6.0 and Policies 2.3, 2.9, 5.1, 5.2, 5.5,

6.2, and 6.5 of the Natural Resources Element; Goals 2.0, 3.0, 6.0, 7.0, and 9.0 and Policies

2.4, 3.4, 3.5, 3.8, 6.3, 7.2, 7.6, and 9.1 of the Public Safety Element; Goal 5.0 and Policies 5.1,

5.2, and 5.5 of th e Cultural Resources Element; Goals 1.0 and 3.0 and Policies 1.3, 3.1, and

3.3 of the Infrastructure Element; Goal 6.0 and Policies 2.3, 2.5, and 6.3 of the Urban Design Element; and Goals 2.0, 4.0, and 6.0 and Policies 2.4, 4.2, and 6.1 of the Economic Development Element.

Sewer Line Replacement (Implementation Programs II -1 and II -6): Sewer line replacements were completed in 2021 throughout the City to address infrastructure condition and capacity issues. Additionally, the City replaced 3,820 linear feet of Sewer Main and completed the cleaning of over 600,000 linear feet of sewer line.

This activity implements Goal 1.0 and Policies 1.1 and 1.2 of the Infrastructure Element.

Santiago Creek Bike Trail ( Implementation Program II-3): In 2021, the City continued to pursue working on design for the preliminary engineering and environmental study phase of the extension of the Santiago Creek Bike Trail. The proposed project will connect the existing bike trail west of Cannon Street and parallel the existing equestrian trail on the northern bank and terminate at the Santiago Oaks Regional Park.

This activity implement s Goals 1.0 and 4.0 and Policies 1.1, 4.1 and, 4.8 of the Circulation and Mobility Element; Goal 2.0 and Policy 2.2 of th e Growth Management Element; Goals

2.0, 5.0 and, 6.0 and Policies 2.2, 5.2, 6.1, 6.4 of the Natural Resources Element; and, Goal

9.0 of the Public Safety Element.

Pedestrian and Bicycle Amenities ( Implementation Program II -4): During 2021, the City performed sidewalk repair and rehabilitation, and accessibility improvements throughout the community. The City continued to require the in stallation of bike racks for new development projects in 2021.

This activity implements Goals 1.0, 4.0 and 6.0, and Policies 1.1, 1.6, 4.2 and Policy 6.2 of the Circulation & Mobility Element; and, Goal 9.0, Policies 9.1 and 9.3 of the Public Safety Element.

Emergency Operations Center ( Implementation Program II -5): In 2020-2021, Police and Fire staff continued to participate in the longest activation in City history of the Emergency Operations Center (EOC) due to the COVID-19 pandemic. Several key EOC positions, such as 469
11 Incident Commander and Safety Officer, were staffed by Fire Department Personnel and the City Building Official maintained the planning section in the Emergency Operations Center (EOC) and provided Incident Action Plan (IAP) development and publication.

This activity implements Goals 3.0 and 8.0 and Policies 8.2 – 8.4 of the Public Safety Element.

 Correct Sewer System Deficiencies (Implementation Program II-6): Sewer line replacements were completed in 2021 throughout the City to address infrastructure condition and capacity issues. Additionally, the City replaced 3,820 linear feet of swer line and completed the cleaning of over 600,000 linear feet of sewer line.

This activity implements Goal 1.0 and Policies 1.1, 1.2 of the Infrastructure Element.

California Environmental Quality Act (Implementation Program III-1): In 2021, the City continued to review entitlements for private development and capital improvement projects in accordance with the California Environmental Qualit y Act (CEQA) pursuant to Section III-1 of the Implementation Plan where specific pro grams are applicable. Mitigation and/or conditioning were recommended and implemented for all entitled projects respective to each applicable Section III program.

This activity implements Goals 1.0 – 8.0 of the Land Use Element and multiple policies therein, Goals 1.0, 2.0, and 3.0 of the Circulation and Mobility Element; Goals 1.0 and 2.0 of the Growth Management Element; Goals 1.0, 2.0, 3.0, 4.0, 5.0, and 7.0 and multiple policies therein to the Natural Resources Element, Goals 1.0, 2.0, 3.0, 4.0, 6.0, 7.0, and 9.0 of the Public Safety Element; Goals 1.0, 2.0, 5.0, 6.0, and 7.0 of the Noise Element; Goals 1.0, 2.0, and

4.0 of the Cultural Resources Element; Goals 1.0, 3.0, 4.0, and 5.0 of the Infrastructure Element; Goals 2.0, 3.0, 4.0, 5.0, and 6.0; Goals 4.0 and 6.0 of the Economic Development Element, and Goal 3.0 of the Housing Element.

Site Development Review (Implementation Program III-2): In 2021, the City continued to review development projects, and use the site plan review process via the City’s inter- departmental staff review committee (SMART) to ensure that applicable General Plan policies and City standards and regulations are applied to proposals for specific development projects.

This activity implements Goals 1.0, 2.0, 3.0, 4.0, and 6.0, and Policies 1.6, 1.7, 2.5, 2.7, 2.8,

3.1, 3.4, 4.3, 4.5, 6.1, 6.2, 6.9, 6.10, 6.12 of the Land Use Element; Goals 1.0 and 5.0, and Policies 1.1, 1.7, 5.1 and, 5.2 of the Circulation and Mobility Element; Goals 1.0, 2.0, 4.0, and

5.0, and Policies 1.3, 2.3, 2.6, 2.13, 2.14, 2.15, 2.16, 4.3, 4.4, 4.5, 5.4, 5.6, 5.7, 6.6 and, 7.5 of the Natural Resources Element; Goals 1.0 and 4.0, and Policies 1.3, 1.4, 1.5, 1.6, 4.1, 4.2, 4.3,

4.4, and 4.5 of the Cultural Resources & Historic Preservation Element; Goals 1.0, 2.0, 3.0, 4.0,

6.0, 7.0, and 9.0, and Policies 1.1, 2.5, 3.3, 3.5, 4.2, 4.3, 6.2, 7.2, 7.3, 7.4 and, 9.1 of the Public Safety Element; Goals 1.0, 2.0, 5.0, and 6.0, and Policies 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 2.1, 2.2,

5.1, 5.2, 5.3, 6.1 and, 6.2 of the Noise Element; Goals 2.0, 3.0, and 6.0, and Policies 2.4, 2.5,

2.6, 3.4, 3.5 and, 6.1 of the Urban Design Element; and, Goal 1.0 and Policies 1.4 and 1.5 of the Infrastructure Element.

470
12 Commission/Committee Review (Implementation Program III-3): In 2021 the Design Review Committee continued to evaluate development proposals and provide conditions or recommendations for project improvements.

This activity implements Goals 2.0, 5.0, 6.0, and 8.0 and Policies 2.7, 2.8, 5.5, 6.1, and 8.3 of the Land Use Element; Policies 7.2 and 7.3 of the Public Safety Element; Policies 1.3, 3.1, and

5.2 of the Noise Element; Goal 1.0 and Policies 1.3 and 1.4 of the Cultural Resources Element; Goals 1.0, 2.0, 3.0, 5.0 and, 6.0 and Policies 1.5, 2.4, 3.2, 3.3, 5.3, 5.4, 6.1, 6.2, 6.4, and 6.5 of the Urban Design Element.

Traffic Impact Analysis ( Implementation Program III -4): The City continues to evaluate both Level of Service (LOS) and Vehicle Miles Traveled (VMT) to determine traffic impacts from proposed projects. In 2021, the City reviewed 32 proposed projects that conducted Traffic Impact Analysis reports.

This activity implements Goals 2.0, 3.0, 5.0 and, 6.0 and Policies 2.4, 2.5, 2.6, 2.9, 3.3, 5.1,

5.7, and 5.9 of the Land Use Element; Goals 1.0, 2.0, 3.0, and 4.0 and Policies 1.2, 2.4, 2.6,

3.3, and 4.1 of the Circulation and Mobility Element; Goals 1.0 and 2.0 and Policies 1.2, 1.6,

1.7, 1.8, 1.9, 1.12, 2.1, and 2.3 of the Growth Management Element; Goals 2.0 and 3.0 and Policies 2.1, 2.2, 3.1, and 3.2 of the Natural Resource Element; Goal 2.0 and Policy 2.2 of the Noise Element, Goals 1.0 and 2.0 and Policies 1.1, 2.1, 2.2, and 5.1; Economic Development Element Policies 3.4 and 5.3; and Goal 3.0 of the Housing Element.

National Pollutant Discharge Elimination System Compliance (Implementation Program III- 6): In 2021, the City continued to require, review, and implement the use of Low Impact Development design features within the City through the use of Water Quality Management Plans for all applicable entitlement projects.

This activity implements Goal 6.0 and Policies 4.3 and 6.5 of the Land Use Element, Goal 2.0 and Policies 2.12, 2.13, 2.14 , 2.15, 2.16 and, 2.1 7 of the Natural Resources E lement; and, Policy 2.3 of the Public Safety Element.

Adequate Public Safety and E mergency Response ( Implementation P rogram III -8): In 2021, the City continued to fund, staff, and maintain equipment and facilities at a level adequate to provide police and fire response and services to the City.

This activity directly or indirectly implements all Goals and Policies of the Public Safety Element.

Cultural Resources Inventories (Implementation Program III-10): In 2021, the City continued to include mitigation measures in mitigation monitoring programs for capital projects such as the new Fire Department headquarters and Well 28 projects and private development projects such as the St. Joseph medical office building to require tribal and archaeological monitoring during the ground disturbing phases of the projects.

This activity implements Goal 6.0 and Policy 6.11 of the Land Use Element, and Goal 4.0 and Policies 4.1 and 4.5 of the Cultural Resources & Historic Preservation Element. 471
13 Green Buildings and Energy Conservation (Implementation Program III-11): Orange is a participating city in the North Oran ge Count y Cities Energ y Efficiency Partnership (NOCCEEP) with Southern California Edison (SCE) and the So Cal Gas Company. Through this effort, the City receives financial incentives to implement energy efficiency projects. In 2021, the NOCCEEP assisted the City by performing energy audits at various facilities which can be used to identify improvements in future years.

This activity implements Goal 2.0 and Policies 2.7, 2.9 and 2.10 of the Natural Resources Element.

Mixed-Use Noise Property Notification (Implementation Program III-12): In 2020, the City was nearing completion of the Corp Yard Housing Project, which is residential project proposed in an area surrounded by industrial uses and adjacent to a railroad. A condition requiring lease notification of potential surrounding noise to all potential residences was included in the Planning Commission resolution for the project. The City Council subsequently approved the Commission’s resolution in 2021 with the condition.

This activity implements Goal 5.0 and Policies 5.1 and 5.3 of the Noise Element and Goal 2.0 and Policy 2.5 of the Urban Design Element.

Annual Review of General Plan and Land Use Policy Map (Implementation Program IV- 1): In 202 1, the Cit y continued work on an amendment to the General Plan Public Safet y Element in coordination with the California Department of Forestry and Fire Protection to comply with State law. This General Plan Amendment is expected to be completed in 2022. A comprehensive review of the General Plan was also undertaken to confirm accuracy of content, and develop an awareness of content that may warrant focused consideration in future General Plan Update efforts. This accuracy update will be adopted in 2022.

This activity implements all General Plan Element Goals and Policies, with specific emphasis to the Safety Element for 2020 efforts.

Park Acquisition, Construction and Maintenance Report (Implementation Program IV-2):

In 2021, the City completed the maintenance renovation project at Handy Park which included the installation of a prefabricated community building, parking lot resurfacing, and upgrades to the landscaping, hardscape, and shade structure. The City also completed installation of a tot lot shade sails at El Camino Real and Olive Parks, allowing for more use during hot weather, and installed a new HVAC unit at the Killefer Park community building. The City also advanced the design of the monument sign replacement project and is on trac k to begin installation in the spring or summer of 2022. In 2021, the City also received grant funding to assist in of-setting the cost to replace the failing area lighting at Grijalva Park. This project is scheduled to begin in spring 2022.

This activity implements Goal 1.0 and 6.0 and Policies 1.7 and 6.4 of the Land Use Element; Goals 1.0, 2.0, 5.0, 6.0 and Policies 1.2, 2.3, 5.1, 5.2, 5.5, 5.6, 6.1, 6.4, and 6.6 of the Natural Resources Element; and, Goal 4.0 and Policy 4.4 of the Cultural Resources Element; Goal 6.0 and Policies 6.2 and 6.3; and, Goal 6.0 and Policy 6.2 of the Economic Development Element. 472
14 Public Education (Implementation Program IV-3): In 2021, the City’s ability to conduct outreach at events and in-person was hindered by COVID-19. Nonetheless, the City continued to utilize all of the City’s social media to distribute information and updates related to COVID- 19, and additional information related to flood insurance, public safety, and City services. In addition to mailers, the City’s social media was utilized and effective in notifying and gaining significant community engagement as part of the Housing Element update and NTSSP project.

The City held annual National Night out Event, 3rd of July Event, Treats in the Street, and the Tree Lighting Ceremony.

The Police Department continued to support local Neighborhood Watch Programs and held thirteen meetings. In 2021, the Citizens’ Police Academy allowed up to 25 participants, through weekly sessions, to attended interactive courses to learn about the specific aspects of the Police Department. The Police Department and Fire Department also offered Community Emergency Response Team (CERT) training to up to 50 participants in a 20 hour long course.

In 2021, to promote traffic safety, the Police Department in partnership w ith the California Office of Traffic Safety, conducted twelve DUI and Driver License Checkpoints, DUI Saturation Patrols, Traffic Enforcement Operations, and issued citations for distracted driving.

The Police Department also continued to promote the application of Crime Prevention through Environmental Design (CPTED) standards through the review of applicable development projects.

The library celebrated local history through the completion of historic photo displays at City Hall, and collaborations with other City departments and local historical groups, and introduced new collections and formats at the libraries. The City’s social media also enabled community engagement for the Cit y’s Housing Element Update and surve ys for the North Tustin Street Specific Plan. The City’s Facebook page attracted 18,000 Facebook followers to the City’s page, an increase of 28% from last year, further enablin g greater distribution of public education materials. Water Quality inspectors continued to distribute pamphlets during water quality inspections. Recycling opportunities continue to occur via letters, billin g inserts, and the City’s Our Orange publication.

The 2021 notification ordinance update will provide greater noticing and public awareness of development proposals in the City. Additionally, the North Tustin Street Specific Plan engaged the public with three workshops, two virtual, and one in person. Persons were notified via mailings, social media, and notification on the City website, which resulted in high turnout.

This activity implements Goal 8.0 and Policies 8.1 and 8.3 of the Land Use Element; Goal 2.0 and Policy 2.17 with regard to the Natural Resources Element; Goals 3.0, 6.0, 7.0 and, 8.0 and Policies 3.6, 6.5, 7.1 and, 8.1 with regard to the Public Safety Element; Goals 1.0 and 3.0 and Policies 1.2 and 3.1 with regard to the Cultural Resources Element; and, Goals 1.0 a nd 2.0 and Policies 1.3 2.2, and 2.4 with regard to the Infrastructure Element.

Transportation Demand and System Management (Implementation Program IV-6): To address current CEQA requirements for project related traffic impacts, the City has an adopted methodology for evaluating the Vehicle Miles Traveled (VMT). For each proposed project, the City conducts a “Screening Analysis” of the project VMT. This Screening will determine if 473
15 there is any additional analysis and proposed mitigation required of the project. In 2021, the City conducted Screening Analyses for 32 proposed projects.

This activity implements Goals 1.0 and 2.0 and Policies 1.2, 1.3, and 2.4 with regard to the Circulation and Mobility Element, Goals 1.0 and 7.0 and Policies 1.2, 7.1, 7.2, 7.5. 7.6 With regard to the Public Safety Element ; and, Goal 3.0 and Policy 3.3 with regard to the Infrastructure Element.

Growth Management/Traffic Mitigation Measures (Implementation Program IV-7): For 2021, the City continued to collect fair-share cost recovery, via mitigation, to offset traffic impacts created by development projects.

This activity implements Goal 1.0 and Policies 1.2 - 1.5 with regard to the Growth Management Element.

Coordination with Other Agencies and Organizations ( Implementation Program Section V): The City participated in inter-agency coordination during 2021. Outside agency coordination included:

 Utility companies such as Southern California Edison for coordination of capital improvement plans on projects such as Fire Station No. 1 and Headquarters Building.

 Adjacent jurisdictions for noticing of development proposals in the City.

 California Department of Transportation (CalTrans) for federally -funded Cit y transportation projects , includin g the completion of pedestrian countdown signals and accessible pedestrian signals upgrading at various locations. Additionally, preliminary design and environmental work occurred related to Glassell Street and Meats Avenue left turn signal improvements, Glassell Street at Palmyra Avenue signal construction, and Chapman Avenue at Batavia Street left turn phase signalization.

 CalTrans for review of environmental documents pertaining to projects within the City.

 CalTrans for participation in the review of the Initial Study and Environmental Assessment for the SR55 and SR91 Safet y Improvement Capacit y Enhancement at Intersections Project, SR 55 Corridor Study for Alternative Transportation, and the Park and Ride lots at Lincoln Avenue and the SR 55 Freeway.

 Orange County Transportation Authority (OCTA) for bus detours due to temporary closure of the Glassell Street ends of the Plaza, as well as roadway, sidewalk, safety projects, and temporary re-routing of bus stops.

 CalFire and the Board of Forestry for preliminary review of the City’s planned Safety Element Update.

474
16  Secretary of the Interior (SO I) for continued insurance that the National Re gister of Historic Places-designated Plaza and Old Towne Orange historic districts maintain eligibility for the National Register through review of development projects for conformance with SOI standards for the Treatment of Historic Properties. Finally, the City approved 36 new Mills Act Contracts for qualified historic properties in 2021.

 The Chamber of Commerce for participation in the Cit y’s NTSSP workshops and survey and for notification of planned parking and sign code updates.

This activity implements Goal 7.0 of the Land Use Element and Policy 7.3; Goals 2.0, 3.0 and, 4.0 and Policies 2.1 -2.4, 3.1 and, 4.1 of the Circulation and Mobility Element; Goal

2.0 and Policies 2.1 and 2.5 of the Growth Management Element; Goals 2.0 and 7.0 and Policies 2.1 and 7.4 of the Natural Resources Element; Goals 1.0, 2.0, 3.0 and, 8.0 and Policies 1.3, 2.1, 3.7, 8.2 and, 8.3 of the Public Safety Element, Goal 2.0 and Policy 2.4 of the Noise Element; Goals 1.0 and 5.0 and Policies 1.3, 1.6 and, 5.4 of the Cultural Resources Element; and, Goal 5.0 and Policies 5.1 and 5.2 of the Infrastructure Element; Goal 1.0 and Policy 1.4 of the Urban Design Element.

5. Housing Element Reporting
The Housing Element Report prepared in accordance with HCD requirements is provided as Attachment 1 to this report.

6. General Plan Compliance with OPR Guidelines
The 2010 General Plan (Rev. 2015) includes all of the state required elements as well as additional optional elements. Environmental Justice is interspersed throughout all elements.

The document was prepared in accordance with OPR Guidelines and is on file with OPR.

Date of Last General Plan Update
As indicated in Item 3 above, the comprehensive update to the Cit y of Orange General Plan was adopted on March 9, 2010. General Plan Amendment No. 2014-0001 was adopted by the Orange City Council on December 8, 2015.

The Cit y adopted its Housing Element Update in accordance with state requirements on February 8, 2022 . No changes were made to goals, policies, objectives, standards, or General Plan proposals involving other General Plan Elements.

Attachments:

1. Housing Element Annual Reporting Forms

475
17 N:\CDD\PLNG\General Plan\OPR GP Annual Report\2021 Report\Annual_OPR_Rpt_2021_FINAL.docx 476
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status
Notes
2 3 4 6 7 8 9 11 12
Prior APN + Current APN Street Address Project Name + Local Jurisdiction Tracking ID +
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.

Notes +
Summary Row: Start Data Entry Below 50 0 116 0 0 317 163 646 64 0 09350112 09350112 571 E Espanita St Vysotski Residence ADU ADU-0059 ADU R 9/27/2021 1 1 1 No No No Approved Affordability level unknown, Daria
37451103 37451103 615 E Heim Ave Parker JADU ADU-0062 ADU R 10/7/2021 1 1 No No No Pending Affordability level unknown, Daria
37519210 37519210 1041 N Orange St Villegas Residence ADU ADU-0063 ADU R 10/8/2021 1 1 1 No No No Approved Affordability level unknown, Daria
04103314 04103314 122 S Lime St Odell Weeks 2 Story AD U ADR 1168 ADU R 3/11/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
36159109 36159109 3728 E Mandeville Place Mandeville P lace Residence ADR-0174 SFD O 5/26/2021 1 1 1 No No No Approved Above Moderate Income - Kelly
38645101 38645101 295 N Batavia St Grosse ADU ADU-0002 ADU R 3/18/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
0398308 0398308 611 W Walnut Ave ADU Garage Convesion A DU-0008 ADU R 4/21/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
39007113 39007113 923 E Van Bibber Ave 923 E. Van bibb er Ave ADU ADU-0009 ADU R 4/21/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
03901213 03901213 392 N Batavia St 392 N. Batvia Stree t ADU ADU-0011, 2107-180 ADU R 4/23/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
38613417 38613417 340 N Cambridge St Secor Residence A DU ADU-0012 ADU R 5/3/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
39040208 39040208 371 S Orange St Zdenek ADU ADU-0015 ADU R 5/4/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
39039702 39039702 271 S Grand St Micha Investment ADU A DU-0019 ADU R 5/13/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
38321412 38321412 2545 E Walnut Ave Cardenas ADU ADU-00 27 ADU R 6/2/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
09339101 09339101 3811 E Sycamore Ave Ngo Nguyen ADU AD U-0028 ADU R 6/2/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
23311121 23311121 228 N Halyard Ln Le ADU ADU-0029 ADU R 6/2/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
03901213 03901213 392 N Batavia St 392 N Batavia Stre et JADU ADU-0030 ADU R 6/3/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
38612117 38612117 318 N Waverly St Centeno ADU ADU-0033 ADU R 6/16/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
3904207 3904207 135 N Jewell Pl Willmore ADU ADU-0036 ADU R 6/18/2021 1 1 1 No No No Approved Affordability level unknown, Addressed as 137 Jewell.

Kelly
37019308 37019308 1959 N Isle Royale Cir Petchul Resid ence ADU ADU-0037 ADU R 6/23/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
39050101 39050101 180 S Park Ln 180 S Park Lane ADU ADU -0039 ADU R 6/29/2021 2 2 2 No No No Approved Affordability level unknown, Kelly
39014320 39014320 711 E Washington Ave Marches Garage ADU Conversion
ADU-0040 ADU R 7/2/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
39043414 39043414 837 E Palmyra Ave Marchand Residence ADU ADU-0042 ADU R 7/16/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
38613404 38613404 365 N Pine St Riebe Residence ADU ADU -0044 ADU R 7/26/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
38628107 38628107 814 N Waverly St Bui ADU ADU-0049 ADU R 8/10/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
38613411 38613411 305 N Pine St/805 E
Palm Ave
Ruddy ADU ADU-0058, 2112-011 ADU R 9/22/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
39042122 39042122 511 E Van Bibber Ave Yaghjian Reside nce ADU ADU-0060 ADU R 10/4/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
38645138 38645138 730 W Palm Ave Hoike ADU ADU-0064 ADU R 10/8/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
39039612 39039612 226 E Washington Ave Drake Residence ADU ADU-0065 ADU R 10/18/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
03914404 03914404 463 N Olive St Alderich Project ADU A DU-0066 ADU R 10/26/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
38644216 38644216 357 N Clark St McCarrel ADU ADU-0069 ADU R 11/4/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
37940117 37940117 710 N Murrietta Pl Murrietta ADU ADU- 0071 ADU R 11/5/2021 1 1 1 No No No Approved Affordability level unknown, Kelly
39032215 39032215 1800 E La Veta Ave Orion 166 Unit Af fordable Apts MJSP-1047-21, CUP- 3146-21, DRC 5042-21
5+ R 4/27/2021 50 116 166 No Yes N/A Pending Density Bonus Pending, Monique
09327066 09327066 1911 Windes Dr Grimm Residence ADR-01 58 SFD O 11/17/2020 1 1 1 No No No Approved Affordability level unknown, Tiffany
36173109 36173109 2514 N Waterford St Ozawa SFD Rebuil d ADR-0183 SFD O 9/16/2021 1 1 1 No No No Approved Tiffany 38629211 38629211 1305 E Lomita Ave ADU Lomita Ave ADU- 0005 ADU R 4/5/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
39203115 39203115 885 S Esplanade St Barcelona and Avi lia ADU ADU-0006 ADU R 4/19/2021 1 1 1 No No No Approved Garage conversion for a 1 bedroom and 1 bath ADU
37520520 37520520 956 N Shaffer St Nguyen ADU ADU-0007 ADU R 4/20/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
37258203 37258203 2608 E El Sereno Dr Porter ADU ADU-00 10 ADU R 4/21/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
39028303 39028303 423 S Crest Rd Mahar ADU ADU-0013 ADU R 5/4/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
36016221 36016221 714 E Rainier Ave Christensen ADU ADU -0016 ADU R 5/4/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
13746318 13746318 108 N Windgap Dr Laura Residence ADU ADU-0017 ADU R 7/20/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
37834418 37834418 1247 (1249) N Jodi St Rhodes ADU ADU- 0021, 2107-135 ADU R 5/12/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
38605203 38605203 167 N Shattuck Pl Tan ADU ADU-0022 ADU R 5/17/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
36116142 36116142 2518 N Shady Forest Ln Badillo ADU AD U-0023 ADU R 5/17/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
36031605 36031605 3014 N Gayle St Newhard ADU ADU-0024 ADU R 5/17/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
38610139 38610139 1413 E Dana Pl 1413 E Dana Place ADU ADU-0031 ADU R 6/7/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
09449113 09449113 3425 E Almond Ave Arevalo ADU ADU-003 2 ADU R 6/15/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 477
38315102 38315102 884 N Hart St Hoyt Residence ADU ADU- 0035 ADU R 6/16/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
37434129 37434129 237 (239) N Westway
Ave
Chau and Do Residence ADU ADU-0038, 2108-249 ADU R 6/24/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
38627518 38627518 1125 E Mayfair Ave Bain Residence AD U ADU-0041 ADU R 7/14/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
37948110 37948110 6508 E Gray Ln Irwin Residence ADU AD U-0045 ADU R 7/27/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
38617228 38617228 2011 E Orange Grove
Ave
Sherill ADU ADU-0046 ADU R 8/2/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
37514307 37514307 124 E Wilson Ave Rodriquez ADU Studi o ADU-0047 ADU R 8/11/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
38627501 38627501 1104 E Oakmont Ave Clear Residence A DU ADU-0051 ADU R 8/30/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
37426128 37426128 2506 Crappi St Capri Street ADU ADU-0 052 ADU R 8/31/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
36033412 36033412 3024 N Oceanview St Sarabia ADU ADU-0 053 ADU R 9/1/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
38620320 38620320 1439 E Orange Grove
Ave
McNeil ADU Garage
Conversion
ADU-0054 ADU R 9/10/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
38620305 38620305 1402 E Rose Ave Carter Residence ADU Garage Conversion
ADU-0055 ADU R 9/10/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
03919520 03919520 400 E Oakmont Ave Liu Residence ADU A DU-0056 ADU R 9/13/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
37931107 37931107 5112 E Glen Arran Ln Coxe Residence ADU ADU-0061 ADU R 10/5/2021 1 1 1 No No No Approved Affordability level unknown, Tiffany
03936109 03936109 205 N Bitterbush St Camarena Residen ce ADU ADR-0170, ADU-0004 ADU R 3/29/2021 1 1 1 No No No Approved Affordability level unknown, Vidal
37453404 37453404 2615 N Torres St Mai Residence ADU-00 03 ADU R 3/22/2021 1 1 1 No No No Approved Affordability level unknown, Vidal
37263209 37263209 2129 E Altura Ave Grove Residence AD U ADU-0025 ADU R 5/24/2021 1 1 1 No No No Approved Affordability level unknown, Vidal
39060220 39060220 421 S Olive St Olive Studio Unit ADU- 0074 ADU R 11/23/2021 1 1 No No No Pending Complete in 2021, Approved in 2022. Kelly
37517111 37517111 833 E Hoover Ave ADU 2010-315 ADU R 10/28/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
38659212 38659212 221 E Lomita Ave ADU 2004-221 ADU R 4/29/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
38623219 38623219 554 N Cambridge St ADU 2010-253 ADU R 10/22/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
38642109 38642109 2035 W Beverly Dr ADU 2012-211 ADU R 12/21/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
37907216 37907216 1547 N Mustang Ave ADU 2012-010 ADU R 12/1/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
37514402 37514402 1241 E Adams Ave ADU 2012-13 ADU R 12/1/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
38623103 38623103 586 N Pine St ADU 2007-135 ADU R 7/14/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
38611219 38611219 382 N Shattuck Pl ADU 2010-092 ADU R 10/8/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
38627111 38627111 805 N Cambridge St ADU 2012-083 ADU R 12/8/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
38316214 38316214 2751 E Oakmont Ave ADU 2004-207 ADU R 4/29/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
37911409 37911409 5244 E Ryals Ln ADU 2012-051 ADU R 12/4/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
89490192 89490192 5124 E Glen Albyn Ln ADU 2012-046 ADU R 12/3/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
03938135 03938135 2402 W Maple Ave ADU 2010-230 ADU R 10/21/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
03925329 03925329 185 N Grand St ADU 2011-235 ADU R 11/24/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
13746214 13746214 3743 W Sherringham
Ave
ADU 2103-081 ADU R 3/4/2021 1 1 1 No No No Approved No ADU application, Building Permit Issued
37917216 37917216 1017 N Ridgeline Rd ADU 2003-111 ADU R 3/16/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
09440214 09440214 590 S Shasta Way ADU 2008-131 ADU R 8/13/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
37030111 37030111 1615 N River Birch Cir ADU 2012-188 ADU R 12/17/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
03901209 03901209 422 N Batavia St ADU 2009-060 ADU R 9/7/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
37519221 37519221 209 E Monroe Ave ADU 2012-209 ADU R 12/21/2020 1 1 1 No No No Approved No ADU application, Building Permit Issued
37413204 37413204 544 E Cumberland Rd ADU 2007-024 ADU R 2/9/2021 1 1 1 No No No Approved No ADU application, Building Permit Issued
37948110 37948110 6508 E Gray Ln Irwin Residence ADR-0 166, 2110-087 SFD O 2/25/2021 1 1 1 No No No Approved 7,903 SF HOME, 650 SF BASEMENT, 593 SF
GARAGE, (3) BALONIES, (3)
FRONT PATIO'S, (4) REAR

PATIO'S, BREEZEWAY

CONNECTING HOME AND

DETACHED GARAGE
/CASITA, 632 SF DETACHED

CABANA WITH ENCLOSED

RESTROOM AND UTILTY
AREA.
37940117 37940117 710 N Murrietta Pl SFD ADR-0085, 2112 -262 SFD O 12/23/2021 1 1 No No No Pending 3,136 SF NEW SINGLE

FAMILY RESIDENCE WITH
778 SF ATTACHED
GARAGE, 117 SF FRONT
PORCH, (2) ATTACHED
PATIOS 273 SF & 202 (4

BEDROOMS)
09301074 09301074 Vacant/None Chapman Yorba VIII GP2021-001, ZC-1304, TPM-0021, SP-1061,
ENV-1878, DRC-5049,
CUP-3147
5+ R 8/10/2021 158 158 No No N/A Pending proposal for a general plan amendment and zone change
to allow for 158 senior
apartments and storage
facility, adjacent to Santiago
Creek on approximately 8.5
acres of vacant land.
23126113 23126113 3707 W. Garden Grove
Boulevard, and 720-850
The City Drive South
Streetlights Residential CUP 3138-21, CUP
3139-21, MJSP 1040-
21, DRC 5030-21, AA
0051-21, ENV 1875-21
5+ R 2/25/2021 226 226 No No N/A Pending 21 requesting approval to redevelop an existing
commercial property with a 7-
story, 226 unit multifamily and
commercial building over two-
story subterranean parking,
open space amenities, two
detached parking decks on
adjacent parcels, and related
on-site improvements as part
of a mixed-use development,
located at 3707 W. Garden
Grove Boulevard and 720-850
The City Drive South.
03929317 03929317 478 N Emerald Dr Salazar Addition an d ADU ADR-0163, ADU-0014 ADU R 1/28/2021 1 1 No No N/A Withdrawn garage 585 SF 478
37234501 37234501 2089 N Agate St Ramirez Addition and ADU ADR-0164 ADU R 2/4/2021 1 1 No No N/A Withdrawn Addition of 2 bedrooms and bathrooms and conversion of
exisiting garage into studio.

Addition of a 3 car garage and
a 2 story ADU.
09324111 09324111 7536 E Santiago Canyon
Rd
Scel Properties ADR-0169 SFD O 3/25/2021 1 1 No No N/A Pending New SFD 09324111 09324111 7536 E Santiago Canyon
Rd
Dang ADU ADU-0001 ADU R 3/25/2021 1 1 No No N/A Pending New JADU 37413114 37413114 813 E Cumberland Rd Garcia ADU ADU-00 18 ADU R 5/5/2021 1 1 No No N/A Pending 860 SF detached ADU 37908112 37908112 7112 E Wilderness Ave Mills Residenc e ADU ADU-0020 ADU R 5/10/2021 1 1 No No N/A Pending New ADU 37237107 37237107 2229 E Meats Ave Dormeyer Residence ADU ADU-0026 ADU R 5/27/2021 1 1 No No N/A Pending New ADU 09337208 09337208 624 Heatherstone Dr Baharie ADU ADU-0 037 ADU R 6/16/2021 1 1 No No N/A Withdrawn New ADU 37517319 37517319 837 E Adams Ave Chew Residence ADU AD U-0043 ADU R 7/20/2021 1 1 No No N/A Pending onvert and existing RV garage into a 2 story ADU
37521221 37521221 956 N Cambridge St Ramez ADU Garage
Conversion
ADU-0048 ADU R 8/3/2021 1 1 No No N/A Pending Garage conversion to studio 39041413 39041413 433 E LA VETA AVE Magcale Residence ADU ADU-0050 ADU R 8/24/2021 1 1 No No N/A Pending 03903203 03903203 1142 W PALM AVE Convert existing gar age to ADU ADU-0057 ADU R 9/15/2021 1 1 No No N/A Pending 36156404 36156404 2690 N VISTA BLUFF RD Bharadwaj Residnece ADU ADU-0067 ADU R 10/27/2021 1 1 No No N/A Pending New attached ADU 03934429 03934429 1708 W WILLOW AVE Larra ADU ADU-0068 ADU R 11/1/2021 1 1 No No N/A Pending 585 SF Attached ADU 3935209 3935209 2234 W SYCAMORE AVE Itriburu/Flores Residence ADU-0070 ADU R 11/4/2021 1 1 No No N/A Pending Convert exisitng living space into an ADU and proposed
addition.
39205216 39205216 450 S JENNIFER LN Garage Conversion ADU ADU-0072 ADU R 11/10/2021 1 1 No No N/A Pending Convert existing garage to ADU with 1 bedroom
03920434 03920434 240 E EVERETT PL Proposed detached 744 SF ADU ADU-0073 ADU R 11/18/2021 1 1 No No N/A Pending Proposed detached 744 SF ADU on a single-family
residential property located at
the rear yard
37550231 37550231 1238 E LOCUST AVE Meyer ADU ADU-0075 ADU R 11/23/2021 1 1 No No N/A Pending 39219114 39219114 4116 E CENTURY DR Valladares ADU ADU- 0076 ADU R 11/23/2021 1 1 No No N/A Pending 37418229 37418229 1127 E DEL MAR AVE Aceves ADU Reside nce ADU-0077 ADU R 11/30/2021 1 1 No No N/A Pending Add new attached ADU 745
SF with 378 SF attic storage
(non-habitable) to main home.
39022131 39022131 302 S POINSETTIA DR Chuong ADU ADU-00 78 ADU R 12/2/2021 1 1 No No N/A Pending Attached 496 SF ADU to existing single-family
residence
386242121 386242121 620 N CAMBRIDGE ST 620 N Cambridge Residence ADU ADU-0079 ADU R 12/7/2021 1 1 No No N/A Pending 1000 SF ADU attached 38623222 38623222 590 N CAMBRIDGE ST Proposed detached ADU on SFR ADU-0080 ADU R 12/7/2021 1 1 No No N/A Pending Proposed 999 SF detached ADU on single-family
residence
37473101 37473101 2760 N RIVER TRAIL RD Dababneh ADU ADU-0081 ADU R 12/15/2021 1 1 No No N/A Pending New 800 SF detached ADU. 36163301 36163301 3333 E WOODBINE RD Castro ADU ADU-008 2 ADU R 12/15/2021 1 1 No No N/A Pending New 374 SF detached ADU 38320253 38320253 2900 E HAMILTON AVE Quinonez Residen ce ADU ADU-0083 ADU R 12/20/2021 1 1 No No N/A Pending New attached 382 SF ADU 03921212 03921212 505 N ORANGE ST Hills ADU ADU-0084 ADU R 12/21/2021 1 1 No No N/A Pending 38306114 38306114 394 N RANCHO SANTIAGO BLVD Convert existing detached garage/workshop to ADU ADU-0085 ADU R 12/23/2021 1 1 No No N/A Pending Proposed 876 SF ADU within existing 1448 SF detached
garage/workshop.
38306114 38306114 394 N RANCHO SANTIAGO BLVD Convert area within existing single-family residence for JAD ADU-0086 ADU R 12/23/2021 1 1 No No N/A Pending Proposed 390 SF within existing residence for JADU
479
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN + Current APN Street Address Project Name + Local Jurisdiction Tracking ID +
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved
# of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income? +
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N +
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)
+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes +
Summary Row: Start Data Entry Below 0 1 61 0 0 112 6 180 0 1 0 0 0 130 2 133 0 0 0 0 94 51 4 149 1 0 4 0 09350112 09350112 571 E Espanita St
(4643 E Orange
Grove Ave)
Vysotski Residence
ADU
ADU-0059, 2112-
182
ADU R
1 11/16/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
420 SF ATTACHED

ACCESSORY
DWELLING UNIT.
37519210 37519210 1041 (1043) N
Orange St
Villegas Residence
ADU
ADU-0063, 2112-
102
ADU R
1 12/7/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
550 SF DETACHED

ACCESSORY
DWELLING UNIT. REF.

ADU-0063.
04103314 04103314 122 S Lime St Odell Weeks 2 Story
ADU
ADR 1168, 2102-
048
ADU R
1 4/9/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
1,197 SF ATTACHED 2-

STORY ACCESSORY
DWELLING UNIT (3-
BEDROOM) AND 115

SF PORCH (ADR
0168).
36159109 36159109 3728 E Mandeville
Place
Mandeville Place
Residence
ADR-0174 SFD O
1 6/18/2021
1 0 0 N Y
two-story, 4,933 square
foot single-family
residence on vacant
property.five bedrooms
and five and half
bathrooms, with an
additional office and
attached three-car
garage. 38645101 38645101 295 N Batavia St Grosse ADU ADU-002 AD U R 1 4/23/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
a 278 square foot
addition to an existing
habitable accessory
structure to create an
Accessory Dwelling
Unit (
0398308 0398308 611 (613) W
Walnut Ave
ADU Garage
Convesion
ADU-008, 2109-291 ADU R
1 9/21/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
The total unit size will
be 755 square feet with
two bedrooms and one bathroom
03901213 03901213 392 N Batavia St 392 N. Batvia Street ADU
ADU-0011, 2108-
039
ADU R
1 8/11/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
1,000 SF DETACHED

ACCESSORY

DWELLING UNIT WITH
2 BEDROOMS & 2
BATHROOMS, 48 SF
PATIO AND 38 PORCH
38613417 38613417 340 (342) N
Cambridge St
Secor Residence
ADU
ADU-0012, 2106-
326
ADU R
1 5/5/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
766 SF DETACHED 2-

BEDROOM

ACCESSORY
DWELLING UNIT + 18

SF PORCH
(ACCESSORY

DWELLING IS

ATTACHED TO
EXISTING 2-CAR
DETACHED GARAGE).
10/20/21 REV. 1 PLAN

REVISED TO INCLUDE

REMODEL TO

EXISTING DETACHED
GARAGE.
39040208 39040208 371 (373) S
Orange St
Zdenek ADU ADU-0015, 2105-
156
ADU R
1 5/7/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
NEW 587 SF 1-

BEDROOM

DETACHED

ACCESSORY
DWELLING UNIT. 39039702 39039702 271 (275) S Grand
St
Micha Investment
ADU
ADU-0019, 2106-
166
ADU R
1 5/13/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 480 SF

DETACHED GARAGE
TO 1 BEDROOM

ACCESSORY
DWELLING UNIT.

12.9.21 PLAN

REVISED AND
PERMIT

SUPPLEMENTED TO

INCLUDE

WASHER/DRYER &

SKYLIGHTS IN
38321412 38321412 2545 (2547) E
Walnut Ave
Cardenas ADU ADU-0027, 2106-
152
ADU R
1 6/4/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability

CONVERT EXISTING
417 SF 2 CAR

ATTACHED GARAGE

INTO NEW

ACCESSORY

DWELLING UNIT
(STUDIO).

ELECTRICAL PANEL

WORK ON SEPERATE
PERMIT 09339101 09339101 3811 (3813) E
Sycamore Ave
Ngo Nguyen ADU ADU-0028, 2106-
344
ADU R
1 6/4/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
612 SF ATTACHED, 2-

BEDROOM

ACCESSORY
DWELLING UNIT+ 63

SF ADDITION TO

EXISTING

RESIDENCE TO
ENLARGE EXIST.

BEDROOM AND ADD
BATHROOM 23311121 23311121 228 (230) N
Halyard Ln
Le ADU ADU-0029, 2110-
242
ADU R
1 6/4/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 369 SF

ATTACHED GARAGE

TO AN ACCESSORY

DWELLING UNIT
03901213 03901213 392 N Batavia St 392 N Batavia Street JADU
ADU-0030, 2107-
180
ADU R
1 6/16/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability

REMODEL MASTER
BEDROOM #3,

BATHROOM AND
BEDROOM #1 TO
CREATE 422 SF

ATTACHED JUNIOR
ADU (1 BEDROOM)
AND 1,637 SF

INTERIOR REMODEL

OF EXISTING
RESIDENCE. NO

CHANGE TO

BEDROOM COUNT

AND NO NEW SF
38612117 38612117 318 (320) N
Waverly St
Centeno ADU ADU-0033, 2010-
023
ADU R
1 7/19/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 400 SF

GARAGE INTO

DETACHED

ACCESSORY
DWELLING UNIT.
(STUDIO). 3904207 3904207 137 (135) N Jewell
Pl
Willmore ADU ADU-0036, 2107-
168
ADU R
1 7/8/2021
1 1 8/31/2021 1 1 12/8/2021 1 N Y All ADUs assumed to have a level of afforability
438 SF 1 BEDROOM

ACCESSORY

DWELLING UNIT

ATTACHED TO

DETACHED GARAGE
AND 75 SF PORCH. 37019308 37019308 1959 (1961) N Isle
Royale Cir
Petchul Residence
ADU
ADU-0037, 2107-
287
ADU R
1 7/27/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
499 SF DETACHED

ACCESSORY
DWELLING UNIT (1)
BEDROOM.
39050101 39050101 180 (182) S Park
Ln
180 S Park Lane
ADU
ADU-0039, 2109-
078
ADU R
2 7/20/2021
2 0 0 N Y All ADUs assumed to have a level
of afforability
CONSTRUCT (2) 748

SF ATTACHED

ACCESSORY

DWELLING UNITS
(1,496 SF TOTAL)
WITH (3) ATTACHED

GARAGE SPACES
(799 SF TOTAL). 39014320 39014320 711 (713) E
Washington Ave
Marches Garage
ADU Conversion
ADU-0040, 2108-
070
ADU R
1 7/21/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 360 SF

DETACHED GARAGE

TO AN ACCESSORY

DWELLING UNIT
(STUDIO) 39043414 39043414 837 E Palmyra Ave
(280 S Cambridge
St)
Marchand Residence
ADU
ADU-0042, 2109-
303
ADU R
1 7/21/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability

CONVERT (E)
GARAGE TO NEW 333

SF DETACHED

STUDIO ACCESSORY
DWELLING UNIT.
38613404 38613404 365 N Pine St
Riebe Residence
ADU
ADU-0044, 2110-
205
ADU R
1 8/4/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 525 SF

DETACHED GARAGE
INTO 1-BEDROOM

ACCESSORY
DWELLING UNIT.
(REF. ADU-0044) 38628107 38628107 814 (816) N
Waverly St
Bui ADU ADU-0049, 2110-
027
ADU R
1 9/10/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
800 SF DETACHED, 2-
BEDROOM, 2-BATH,
ACCESSORY DWELLING UNIT.
38613411 38613411 305 N Pine St/805
E Palm Ave
Ruddy ADU ADU-0058, 2112-
011
ADU R
1 11/10/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 404 SF

DETACHED GARAGE
AND REMODEL 418

SF ATTACHED

RUMPUS ROOM FOR
822 SF DETACHED

ACCESSORY
DWELLING UNIT 39042122 39042122 511 E Van Bibber
Ave
Yaghjian Residence
ADU
ADU-0060, 2201-
063
ADU R
1 11/10/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 372 SF
GARAGE AND 260 SF

STUDIO SPACE INTO
DETACHED, 1-

BEDROOM

ACCESSORY
DWELLING UNIT. 38645138 38645138 730 W Palm Ave Hoike ADU ADU-0064, 21 12- 253
ADU R
1 11/10/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 214 SF OF

EXISTING DETACHED

GARAGE INTO NEW

DETACHED STUDIO

ACCESSORY
DWELLING UNIT. REF.

ADU-0064.

Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Project Identifier (CCR Title 25 §6202)
480
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Note: "+" indicates an optional field
(CCR Title 25 §6202)
39039612 39039612 226 (228) E
Washington Ave
Drake Residence
ADU
ADU-0065, 2111-
227
ADU R
1 11/10/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
580 SF DETACHED

ACCESSORY
DWELLING UNIT.

WORKSCOPE TO

INCLUDE DEMO OF

ENTRY STOOP,

PERGOLA

STRUCTURE, AND

DETACHED STORAGE
SHED. 03914404 03914404 463 (459) N Olive
St
Alderich Project ADU ADU-0066, 2111-
257
ADU R
1 11/10/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 525 SF
GARAGE TO 1-
BEDROOM, 1-BATH

ACCESSORY
DWELLING UNIT;
1,736 SF COMPLETE

INTERIOR

REMODELOF

EXISTING ATTACHED
DUPLEX (459 & 463 N

OLIVE) &

RECONFIGURE

FLOOR SPACES TO

ALLOW FOR ADDT'L
BATH TO EACH UNIT.

EXTERIOR BLDG.

IMPROVEMENTS

INCLUDE NEW

SIDING, WINDOWS,

RENOVATIONS TO
ROOF FORMS.

REROOF + NEW 38644216 38644216 357 N Clark St McCarrel ADU ADU-0069 A DU R 1 12/8/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
convert an existing 302
square foot attached
garage into a one-
bedroom and one-
bathroom ADU
37940117 37940117 710 (713) N
Murrietta Pl
Murrietta ADU ADU-0071, 2112-
263
ADU R
1 12/8/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
713 SF ACCESSORY

DWELLING UNIT
WITH 275 SF

ATTACHED GARAGE,
105 SF ATTACHED
OPEN TRELLIS (1
BEDROOM) 09327066 09327066 1911 Windes Dr Grimm Residence ADR-01 58 SFD O 1 10/26/2021
1 0 0 N Y
build a new 3,400
square foot single-
family residence, hay
barn, tack room, and
associated equestrian
facilities on a lot
previously occupied by
a single-family
residence 36173109 36173109 2514 N Waterford
St
Ozawa SFD Rebuild ADR-0183, 2110-
112
SFD O
1 10/4/2021
1 0 0 N Y 1 Destroyed O
RECONSTRUCT 3,886
SF HOME, 623 SF
GARAGE + 104 SF
BALCONY. ORIG.

HOME DAMAGED BY
FIRE. DEMO AND

SOLAR UNDER
SEPARATE PERMITS.
38629211 38629211 1305 E Lomita Ave
(825 N California
St)
ADU Lomita Ave ADU-0005, 2107-
067
ADU R
1 6/29/2021
1 1 10/7/2021 1 0 N Y All ADUs assumed to have a level
of afforability
660 SF DETACHED

ACCESSORY

DWELING UNIT WITH
(2) BEDROOMS
39203115 39203115 885 (887) S
Esplanade St
Barcelona and Avilia
ADU
ADU-0006, 2104-
123
ADU R
1 6/9/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 490 SF

ATTACHED GARAGE

TO ACCESSORY
DWELLING UNIT (1 BEDROOM). 37520520 37520520 956 (961) N Shaffer St
Nguyen ADU ADU-0007, 2108-
269
ADU R
1 8/18/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
1000 SF DETACHED

ACCESSORY
DWELLING UNIT. (2
BEDROOM 2 BATH) REF. ADU-0007. 37258203 37258203 2608 (2610) E El Sereno Dr
Porter ADU ADU-0010, 2111-
034
ADU R
1 8/25/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
761 SF DETACHED

ACCESSORY

DWELLING UNIT WITH
ATTACHED 1120 SF
CARPORT AND 237 SF

STORAGE ROOM
39028303 39028303 423 S Crest Rd Mahar ADU ADU-0013 ADU R 1 6/14/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
a one bedroom/one
bathroom attached 518
square foot Accessory
Dwelling Unit (ADU)
36016221 36016221 714 (716) E
Rainier Ave
Christensen ADU ADU-0016, 2110-
036
ADU R
1 7/29/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
511 SF TOTAL
ADDITION (334 SF

FOR ATTACHED

ACCESSORY

DWELLING UNIT AND
177 SF FOR MAIN
HOUSE); REMODEL
384 SF OF EXISTING

FLOOR SPACE FOR A
TOTAL 718 SF

ACCESSORY

DWELLING UNIT
13746318 13746318 108 (110) N
Windgap Dr
Laura Residence
ADU
ADU-0017. 2107-
274
ADU R
1 7/20/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
998 SF 2 BEDROOM

DETACHED
ACCESSORY DWELLING UNIT.
37834418 37834418 1247 (1249) N Jodi
St
Rhodes ADU ADU-0021, 2107-
135
ADU R
1 6/29/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability

FOUNDATION AND

SEWER CONNECTION
FOR 1,000 SF

DETACHED

ACCESSORY

DWELING UNIT
(PTRHUD/ HCD STATE

APPROVED

MANUFACTURED UNIT
WITH 2 BEDROOMS
38605203 38605203 167 (169) N
Shattuck Pl
Tan ADU ADU-0022, 2110-
220
ADU R
1 9/9/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
799 SF DETACHED 2-

BEDROOM

ACCESSORY
DWELLING UNIT. (REF. ADU-0022) 36116142 36116142 2518 (2520) N Shady Forest Ln
Badillo ADU ADU-0023, 2109-
010
ADU R
1 8/2/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONSTRUCT 799 SF
(1-BEDROOM),

ATTACHED,

ACCESSORY
DWELLING UNIT. 36031605 36031605 3014 (3016) N
Gayle St
Newhard ADU ADU-0024, 2109-
009
ADU R
1 8/2/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONSTRUCT 710 SF
(1-BEDROOM),

ATTACHED,

ACCESSORY
DWELLING UNIT. 38610139 38610139 1413 (1417) E
Dana Pl
1413 E Dana Place
ADU
ADU-0031, 2110-
044
ADU R
1 7/29/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 360 SF

PORTION OF

DETACHED GARAGE

INTO A DETACHED

ADU (STUDIO)

ATTACHED TO
REMAINING GARAGE.
09449113 09449113 3425 (3427) E
Almond Ave
Arevalo ADU ADU-0032. 2111-
063
ADU R
1 10/13/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
748 SF DETACHED

ACCESSORY
DWELLING UNIT.
38315102 38315102 884 (886) N Hart St Hoyt Residence A DU ADU-0035, 2109- 105
ADU R
1 8/9/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
COVERT 201 SF OF
ATTACHED GARAGE +
ADD 360 SF FOR 561

SF ATTACHED

ACESSORY
DWELLING UNIT (1-
BEDROOM). 37434129 37434129 237 (239) N
Westway Ave
Chau and Do
Residence ADU
ADU-0038, 2108-
249
ADU R
1 8/18/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
792 SF DETACHED

ACCESSORY
DWELLING UNIT (1
BEDROOM 1 1/2
BATH) REF: ADU-0038
38627518 38627518 1125 (1127) E
Mayfair Ave
Bain Residence ADU ADU-0041, 2109-
279
ADU R
1 9/27/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 431 SF

ATTACHED GARAGE
INTO 1-BEDROOM

ACCESSORY
DWELLING UNIT +
ADD 13 SF

ATTACHED LAUNDRY
/UTILITY ROOM (NON-

CONDITIONED) WITH

EXTERIOR ENTRANCE
ONLY.
37948110 37948110 6508 E Gray Ln Irwin Residence
ADU
ADU-0045, 2110-
088
ADU R
1 8/2/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
569 SF CASITA, 461

SF GARAGE AND

REAR /FRONT PATIO
AREAS. REF: 2110-
087 FOR

CONSTRUCTION OF

PRIMARY
RESIDENCE. 38617228 38617228 2011 E Orange
Grove Ave
Sherill ADU ADU-0046, 2112-
124
ADU R
1 11/24/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
NEW 800 SF
DETACHED 2-

BEDROOM

ACCESSORY
DWELLING UNIT. REF.

ADU-0046. 37514307 37514307 124 E Wilson Ave Rodriquez ADU Studio
ADU-0047, 2110-
129
ADU R
1 10/7/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
420 SF ATTACHED
STUDIO AND ADD 78

SF ENTRY FOYER TO

EXISTING
RESIDENCE. 38627501 38627501 1104 E Oakmont
Ave (741 N
Maplewood St)
Clear Residence
ADU
ADU-0051, 2109-
304
ADU R
1 9/23/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
733 SF DETACHED (2-

BEDROOM)
ACCESSORY DWELLING UNIT.
37426128 37426128 2506 (2500) N
Crappi St
Capri Street ADU ADU-0052, 2201-
137
ADU R
1 12/17/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
749 SF DETACHED

ACCESSORY

DWELLING UNIT WITH
2 BEDROOMS AND
BATHROOMS, 74 SF PORCH 36033412 36033412 3024 N Oceanview St
Sarabia ADU ADU-0053 ADU R
1 12/17/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
conversion of an
existing detached
workshop into an
Accessory Dwelling
Unit (ADU)
38620320 38620320 1439 E Orange
Grove Ave/610 N
Lincoln St
McNeil ADU Garage
Conversion
ADU-0054, 2112-
036
ADU R
1 11/24/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 418 SF

EXISTING DETACHED

GARAGE TO

ACCESSORY

DWELLING UNIT
481
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Note: "+" indicates an optional field
(CCR Title 25 §6202)
38620305 38620305 1402 (1404) E
Rose Ave
Carter Residence
ADU Garage
Conversion
ADU-0055 ADU R
1 11/24/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 420 SF

EXISTING DETACHED

GARAGE TO

ACCESSORY
DWELLING UNIT 03919520 03919520 400 (402) E
Oakmont Ave
Liu Residence ADU ADU-0056, 2110-
244
ADU R
1 10/4/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
749 SF DETACHED

ACCESSORY
DWELLING UNIT (2
BEDROOMS /3 BATHROOMS). 37931107 37931107 5112 E Glen Arran Ln
Coxe Residence
ADU
ADU-0061 ADU R
1 12/17/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
the conversion of a
detached garage into
an Accessory Dwelling
Unit (ADU)
03936109 03936109
205 N Bitterbush St
(2345 W Maple
Ave)
Camarena
Residence ADU
ADR-0170, ADU-
0004, 2109-018
ADU R
1 6/1/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
363 SF DETACHED
GARAGE

CONVERSION TO

ATTACHED

ACCESSORY

DWELLING UNIT
(STUDIO). REF: 2112-
126 FOR ADDITIONS
TO MAIN RESIDENCE 37453404 37453404 2615 N Torres St Mai Residence ADU-00 03 ADU R 1 10/14/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
a new two bedroom/two
bathroom detached
Accessory Dwelling
Unit of 1000 square
feet
37263209 37263209 2129 (2131) E
Altura Ave
Grove Residence
ADU
ADU-0025, 2106-
292
ADU R
1 6/23/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 440 SF
GARAGE + 150 SF ADDITION FOR 590 SF

ATTACHED

ACCESSORY
DWELLING UNIT (1 BEDROOM). 37517111 37517111 833 E Hoover Ave ADU 2010-315 ADU R 1 3/10/2021
1 1 3/10/2021 1 1 8/9/2021 1 N Y All ADUs assumed to have a level of afforability
498 SF NEW

DETACHED

ACCESSORY DWELLING UNIT WITH
(1) BEDROOM, AND
15 SF FRONT PORCH
(1 BEDROOM)
**7/16/21 - PERMIT

SUPPLEMENT TO

INCLUDE DBL METER
TO SERVICE 833 &
831 E HOOVER.
38659212 38659212 221 E Lomita Ave ADU 2004-221 ADU R
1 1/18/2021
1 1 2/11/2021 1 1 8/12/2021 1 N Y All ADUs assumed to have a level of afforability

CONVERT DETACHED
GARAGE TO 680 SF

DETACHED

ACCESSORY
DWELLING UNIT (2
BEDROOMS).
38623219 38623219 554 N Cambridge
St
ADU 2010-253 ADU R
1 4/1/2021
1 1 4/1/2021 1 1 11/24/2021 1 N Y All ADUs assumed to have a level of afforability
999 SF DETACHED

ACCESSORY
DWELLING UNIT (4)
BEDROOM.
38642109 38642109 2035 W Beverly Dr ADU 2012-211 ADU R
1 4/19/2021
1 1 4/22/2021 1 1 11/24/2021 1 N Y All ADUs assumed to have a level of afforability
1,199 SF DETACHED

ACCESSORY
DWELLING UNIT, 83
SF PORCH, 150 SF
PATIO COVER (3-
BEDROOMS AND (2)
BATHROOMS). 4/27/21
- PERMIT SUPPL TO
ADD 200 AMP. MAIN

PANEL AND ADD

CONTRACTOR TO
PERMIT.
37907216 37907216 1547 N Mustang
Ave
ADU 2012-010 ADU R
1 2/22/2021
1 1 2/24/2021 1 1 11/30/2021 1 N Y All ADUs assumed to have a level of afforability
ADD 231 SF AND RE-

PURPOSE (REMODEL)
EXISTING 969 SF FOR
1200 SF ATTACHED

ACCESSORY
DWELLING UNIT (3
BEDROOM).
37514402 37514402 1241 E Adams Ave ADU 2012-013 ADU R
1 3/3/2021
1 1 3/3/2021 1 1 9/14/2021 1 N Y All ADUs assumed to have a level of afforability
NEW 435 DETACHED
1 BEDROOM

ACCESSORY
DWELLING UNIT.
38623103 38623103 586 N Pine St ADU 2007-135 ADU R
1 7/16/2021
1 1 7/16/2021 1 1 9/22/2021 1 N Y All ADUs assumed to have a level of afforability
CONVERT 405 SF

DETACHED STORAGE

TO ACCESSORY

DWELLING UNIT
(STUDIO)
38611219 38611219 382 N Shattuck Pl ADU 2010-092 ADU R
1 3/12/2021
1 1 3/12/2021 1 1 9/22/2021 1 N Y All ADUs assumed to have a level of afforability
CONVERT 350 SF

EXISTING DETACHED
GARAGE INTO A (1)

BEDROOM

ACCESSORY
DWELLING UNIT. 38627111 38627111 805 N Cambridge
St
ADU 2012-083 ADU R
1 3/1/2021
1 1 3/4/2021 1 1 9/22/2021 1 N Y All ADUs assumed to have a level of afforability
999 SF NEW

DETACHED

ACCESSORY DWELLING UNIT WITH
2 BEDROMS, 2
BATHROOMS AND 56
SF PORCH. 4/27/21

SUPPLEMENT TO

INLCUDE GAS METER
AND STUBS 38316214 38316214 2751 E Oakmont
Ave
ADU 2004-207 ADU R
1 1/25/2021
1 1 1/26/2021 1 1 9/28/2021 1 N Y All ADUs assumed to have a level of afforability
600 SF DETACHED (1)

BEDROOM

ACCESSORY

DWELLING UNIT TO

REAR OF PROPERTY
WITH 20 SF
COVERED PORCH .
37911409 37911409 5244 E Ryals Ln ADU 2012-051 ADU R
1 3/11/2021
1 1 3/11/2021 1 1 10/11/2021 1 N Y All ADUs assumed to have a level of afforability
894 SF NEW

DETACHED

ACCESSORY

DWELLING UNIT WITH
2 BEDROOMS AND 2
BATHROOMS. **SEE
2108-333 & 2108-334

FOR DUAL METER BY
CONTRACTOR.
89490192 89490192 5124 E Glen Albyn
Ln
ADU 2012-046 ADU R
1 7/29/2021
1 1 7/29/2021 1 1 10/25/2021 1 N Y All ADUs assumed to have a level of afforability
CONVERT 680 SF
ATTACHED GARAGE +

REMODEL EXISTING
519 SF OF EXISTING

BONUS ROOM ABOVE
GARAGE FOR 1,199

SF ACCESSORY
DWELLING UNIT.
03938135 03938135 2402 W Maple Ave ADU 2010-230 ADU R
1 4/20/2021
1 1 4/20/2021 1 1 10/27/2021 1 N Y All ADUs assumed to have a level of afforability
NEW 749 SF 2

BEDROOM

DETACHED

ACCESSORY
DWELLING UNIT.

ELECT. MAIN PANEL
BY SEP.

CONTRACTOR.
8/18/21 PERMIT

SUPPLEMENT TO ADD
AC CONDENSER.
03925329 03925329 185 N Grand St ADU 2011-235 ADU R
1 2/24/2021
1 1 2/24/2021 1 1 10/27/2021 1 N Y All ADUs assumed to have a level of afforability
400 SF ATTACHED
GARAGE
CONVERSION TO (1)

BEDROOM

ACCESSORY
DWELLING UNIT.
4/20/21 CHANGE
FROM 1 BEDROOM TO
STUDIO. 13746214 13746214 3743 W
Sherringham Ave
ADU 2103-081 ADU R
1 4/21/2021
1 1 4/21/2021 1 1 11/10/2021 1 N Y All ADUs assumed to have a level of afforability

CONVERT ATTACHED
GARAGE TO 323 SF

ACCESSORY

DWELLING UNIT
(STUDIO). 7/18/21 -

PERMIT SUPPLEMENT
TO INCLUDE 70 AMP.

SUBPANEL.
37917216 37917216 1017 N Ridgeline
Rd
ADU 2003-111 ADU R
1 1/20/2021
1 1 1/20/2021 1 1 12/8/2021 1 N Y All ADUs assumed to have a level of afforability
1,199 SF NEW

DETACHED

ACCESSORY

DWELLING UNIT WITH
2 BEDROOMS AND 2

BATHROOMS, NO
GARAGE. 6/4/21

PERMIT REVISED TO

CONNECT TO

EXISTING SEWER,

AND ADD SLIDING

DOOR INTO DINING
09440214 09440214 590 S Shasta Way ADU 2008-131 ADU R
1 4/29/2021
1 1 3/11/2021 1 1 12/9/2021 1 N Y All ADUs assumed to have a level of afforability
RENOVATE 446 SF

DETACHED GARAGE
+ ADD 302 SF 2ND
FLOOR FOR 748 SF (1
BEDROOM + LOFT)

DETACHED

ACCESSORY

DWELLING UNIT WITH
NEW 441 SF
ATTACHED GARAGE.

WORK INCLUDES 100
AMP. SUBPANEL.
37030111 37030111 1615 N River Birch
Cir
ADU 2012-188 ADU R
1 5/18/2021
1 1 5/27/2021 1 1 12/17/2021 1 N Y All ADUs assumed to have a level of afforability
710 SF DETACHED 1
BEDROOM /1 BATH
ACCESSORY DWELLING UNIT.
03901209 03901209 422 N Batavia St ADU 2009-060 ADU R
1 4/8/2021
1 1 4/8/2021 1 1 12/21/2021 1 N Y All ADUs assumed to have a level of afforability
999 SF DETTACHED

ACCESSORY

DWELLING UNIT WITH
4 BEDROOMS/4
BATHS.
482
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Note: "+" indicates an optional field
(CCR Title 25 §6202)
37519221 37519221 209 E Monroe Ave ADU 2012-209 ADU R
1 8/12/2021
1 1 8/12/2021 1 1 12/23/2021 1 N Y All ADUs assumed to have a level of afforability
340 SF GARAGE

CONVERSION TO

ACCESSORY

DWELLING UNIT
(STUDIO). 10/13/21 -

PERMIT SUPPLEMENT
/PLAN REV. TO ADD
WASHER & DRYER +
FRAMING CHANGES.
03920105 03920105 339 E Everett Pl ADU 2005-068 ADU R
0 1 2/4/2021 1 1 9/22/2021 1 N Y All ADUs assumed to have a level of afforability
999 SF DETACHED

ACCESSORY
DWELLING UNIT (4
BEDROOM /4 BATH).

NOT TO BE USED AS

A BOARDING HOUSE
OR DORMITORY.

MUST COMPLY WITH

ORANGE MUNICIPAL

CODE SECTION

17.04.021 &,

17.13.030. 37413204 37413204 544 E Cumberland
Rd
ADU 2007-024 ADU R
1 2/8/2021
1 1 2/9/2021 1 1 11/16/2021 1 N Y All ADUs assumed to have a level of afforability
638 SF DETACHED

ACCESSORY
DWELLING UNIT (2
BEDROOM) WITH 225
AND 105 SF FRONT /REAR DECKS.
04121308 04121308 821-833 S Grable
Cir., Bldg. 11

TRIPOINTE

TOWNHOMES (FOR

SALE) FAIRFIELD

APTS NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2011-
035
5+ O 0 7 3/22/2021 7 7 9/7/2021 7 N Y Other
The project is built at 60 units per
acre. HCD allows jurisdictions to
assume a level of affordability for
projects at densities over 30 units
per acre.
55 0
(7) UNIT ATTACHED
TOWNHOME BLDG.
#11: UNIT 42, PLAN
5XCR, 4-BEDRM/3.5
BATH (1,945 /463 /78/
78 /136 + 70 SF);
UNITS 43 & 47, PLAN
3A, 3-BEDRM/2.5
BATH (1,707 /424 /58 +
58 SF); UNITS 44-46,
PLAN 4A/R, 3 BEDRM,

3.5 BATH (1783 /433/
97 + 97 SF); UNIT 48,
PLAN 5XA, 4 BEDRM,

3.5 BATH (1971 /427
/78 /78 /136 + 70 SF).
39036217 39036217 1317 E Greenview
Dr. ADU 2007-265 ADU R
0 1 3/26/2021 1 1 6/29/2021 1 N Y All ADUs assumed to have a level of afforability
CONVERT 276.2 SF

OF EXISTING

ATTACHED GARAGE
AND REMODEL 298.8

SF EXISTING OFFICE
FOR 575 SF

ACCESSORY

DWELLING UNIT W/
(1) BEDROOM. MAIN

ELECTRICAL PANEL
UNDER REF. 2104-260
38632106 38632106 1805 E Lomita Ave ADU 2102-279 ADU R 1 6/17/2021 1 1 6/22/2021 1 1 11/16/2021 1 N Y All ADUs assumed to have a level of afforability
988 SF DETACHED

ADU ATTACHED TO
(E) DETACHED
GARAGE. MAIN

PANEL TO BE PULLED

UNDER SEPARATE
PERMIT.
38610206 38610206 1414 E Dana Pl ADU 2103-018 ADU R 1 6/24/2021 1 1 6/24/2021 1 1 8/27/2021 1 N Y All ADUs assumed to have a level of afforability
LEGALIZE 400 SF

DETACHED

STRUCTURE FOR

NEW ACCESSORY

DWELLING UNIT

ATTACHED TO (E)

DETACHED GARAGE
(1 BEDROOM)
04103317 04103317 132 S Lime St ADU 2002-177 ADU R
0 0 1 2/12/2021 1 N Y All ADUs assumed to have a level
of afforability
972 SF NEW

DETACHED

ACCESSORY DWELLING UNIT WITH
3 BEDROOMS AND 1
BATHROOM.
09438544 09438544 726 S Prospect St ADU 1711-210 ADU R
0 0 1 4/23/2021 1 N Y All ADUs assumed to have a level
of afforability
634 SF (1) BEDROOM

DETACHED

ACCESSORY UNIT
W/159 SF LATTICE
COVER. 6/4/20

PERMIT SUPPLEMENT

TO ADD MAIN PANEL
AND CONTRACTOR.
04106425 04106425 1042 W Almond
Ave Kent Residence 1802-008, ADR-
0009 SFD R
0 0 1 3/22/2021 1 N Y
NEW 1,100 SF SFR
WITH 1,158 SF
GARAGE, & 352 SF

PATIOS AND PORCH
(2-BEDROOM) /REF.

ADR-0009.
04106425 04106425 1044 W Almond
Ave Kent Residence 1802-009, ADR-
0009 SFD R
0 0 1 3/22/2021 1 N Y
NEW 1,102 SF
SINGLE FAMILY RESIDENCE WITH 430
SF GARAGE & 20 SF
COVERED PORCH (2-
BEDROOM) / REF.

ADR-009
37006310 37006310 1852 Windes Dr Lyall Residence 1804-2 74 SFD O 0 0 1 9/30/2021 1 N Y
NEW 6,212 SF 2-
STORY 4-BEDROOM,
5 BATH SFR, 930 SF

ATTACHED GARAGE,
937 SF PATIO COVER
& 330 SF DECK. ON

SEPTIC TANK, NO

SANITATION FEE

SEPTIC TANK ON
SEP. PERMIT /REF.

GRADING #2184 &
DEMO PERMIT # 1903-
090. 7/3/19 -PLAN
REV.TO INCREASE
GARAGE SF (890 TO
930 SF) AS NOTED
ABOVE. 6/1/20 REV. 2

ADD WASHER &
DRYER
37530106 37530106 1725 W Katella
Ave
Garrison or Branch
West
1808-206, ZC 1284-
16, MJSP 883-16,
DRC 488-16, ENV
1853-16
5+ R
0 0 94 4/22/2021 94 N Y MRB Other 15
CSCDA Community
Improvement Authority
Essential Housing
Senior Lien Revenue
bonds, Series 2021A
used. NEW 112,215
SF 4-STORY
APARTMENT BLDG.
(94 UNITS) (TYPE V-A
/1-HR) WITH 68,296

SF SUBTERRANEAN
PARKING (TYPE 1-A
/3HR). DEMO PERMIT
FOR EXISTING COMM.

BLDG. ON SEP.

PERMIT NO. 1902-035.
38631122 38631122 737 N Victoria Dr ADU 1808-313 ADU R
0 0 1 4/13/2021 1 N Y All ADUs assumed to have a level
of afforability
475 SF DETACHED

ACCESSORY DWELLING UNIT WITH
(1) BEDROOM AND (1)
BATHROOM.
09450209 09450209 261 S Hewes St Herrera 2nd Unit 1903- 135 2 to 4 R 0 0 1 12/1/2021 1 N Y
NEW 1,284 SF (2-
BEDROOM) 2ND

DWELLING UNIT
W/441 SF (2) CAR
ATTACHED GARAGE.

ELECTRICAL MAIN

PANEL UNDER
SEPARATE PERMIT.
03920305 03920305 143 E Everett Pl ADU 1907-341 ADU R
0 0 1 8/24/2021 1 N Y All ADUs assumed to have a level
of afforability
605 SF NEW

ATTACHED

ACCESSORY DWELLING UNIT WITH
(2) BEDROOMS. 32.4

SF ADDITION TO

EXISTING SINGLE

FAMILY RESIDENCE
GARAGE.
38612232 38612232
353 N MAPLEWOOD ST ADU 1909-043 ADU R
0 0 1 4/26/2021 1 N Y All ADUs assumed to have a level
of afforability
640 DETACHED

ACCESSORY
DWELLING UNIT (2)
BEDROOMS & 231 COVERED PORCH
37451103 37451103 617 E HEIM AVE ADU 1910-122 ADU R
0 0 1 6/14/2021 1 N Y All ADUs assumed to have a level
of afforability
640 SF DETACHED

ACCESSORY

DWELLING UNIT W/
(2) BEDROOMS & (2)
BATHS. 161 SF
ATTACHED PATIO.

NEW ELECTRICAL

PANEL UNDER
SEPARATE PERMIT.
7/13/20 -

PERMIT/PLANS

REVISED TO

INCREASE SIZE OF

ACCESSORY
DWELLING TO 800 SF

AND REMOVE
38623221 38623221 572 N CAMBRIDGE ST ADU 2002-198 ADU R 0 0 1 8/30/2021 1 N Y All ADUs assumed to have a level
of afforability
CONSTRUCT 1000 SF
DETACHED (4)

BEDROOM

ACCESSORY
DWELLING UNIT.
11/5/20 FRONT

PORCH REMOVED
FROM WORK SCOPE.
39039705 39039705
319 E PALMYRA AVE ADU 2003-203 ADU R
0 0 1 2/11/2021 1 N Y All ADUs assumed to have a level
of afforability
CONVERT 346 SF

DETACHED GARAGE

TO ACCESSORY

DWELLING UNIT
(STUDIO).
38621208 38621208 527 N WAVERLY ST ADU 2004-030 ADU R
0 0 1 4/15/2021 1 N Y All ADUs assumed to have a level
of afforability
499 SF DETACHED

ACCESSORY

DWELLING UNIT
(STUDIO) WITH ONE BATHROOM
37430213 37430213 2710 N ASHWOOD ST ADU 2004-109 ADU R
0 0 1 5/19/2021 1 N Y All ADUs assumed to have a level
of afforability
660 DETACHED

ACCESSORY

DWELLING UNIT WITH
1 BEDROOM AND 1

BATHROOM
483
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Note: "+" indicates an optional field
(CCR Title 25 §6202)
39040224 39040224 216 E PALMYRA AVE ADU 2004-152 ADU R
0 0 1 2/3/2021 1 N Y All ADUs assumed to have a level
of afforability

REBUILD /CONVERT
564 SF DETACHED GARAGE /WORKSHOP
@ REAR OF
PROPERTY INTO A (1)

BEDROOM

ACCESSORY
DWELLING UNIT.
39006307 39006307
1020 E CHALYNN AVE ADU 2004-189 ADU R
0 0 1 5/12/2021 1 N Y All ADUs assumed to have a level
of afforability
716 SF ATTACHED

ACCESSORY

DWELLING UNIT

OVER EXISTING
GARAGE (1
BEDROOM). 1/18/21
REV1. ADD

ELECTRICAL MAIN
SERVICE PANEL.
38614117 38614117 613 E JEFFERSON AVE ADU 2006-044 ADU R 0 0 1 5/14/2021 1 N Y All ADUs assumed to have a level
of afforability
75O SF DETACHED

ACCESSORY

DWELLING UNIT AT
REAR OF PROPERY (2
BEDROOM, 2 BATH).
38659119 38659119 876 N ORANGE ST ADU 2006-207 ADU R
0 0 1 5/13/2021 1 N Y All ADUs assumed to have a level
of afforability
380 SF CONVERSION

OF GARAGE FOR

ACCESSORY

DWELLING UNIT
37022405 37022405 6034 E BRYCE AVE ADU 2006-272 ADU R
0 0 1 10/21/2021 1 N Y All ADUs assumed to have a level of afforability
499 SF DETACHED

ACCESSORY

DWELLING (STUDIO)
UNIT.
38659121 38659121 150 E COLLINS AVE ADU 2006-290 ADU R
0 0 1 8/31/2021 1 N Y All ADUs assumed to have a level
of afforability
890 SF DETACHED

ACCESSORY
DWELLING UNIT (2

BEDROOM)

ATTACHED TO
EXISTING DETACHED 2-CAR GARAGE.
38301305 38301305 2407 E DANA AVE ADU 2007-064 ADU R
0 0 1 11/22/2021 1 N Y All ADUs assumed to have a level of afforability
NEW 457 ATTACHED

ACCESSORY

DWELLING UNIT WITH
1 BEDROOM.
03913307 03913307 557 N OLIVE ST C ADU 2008-237 ADU R
0 0 1 4/22/2021 1 N Y All ADUs assumed to have a level
of afforability
CONVERT 413 SF
GARAGE + 80 SF ADDITION FOR 493 SF

ATTACHED

ACCESSORY
DWELLING UNIT (ATTACHED TO 3 UNIT
BLDG.) 37521133 37521133
523 E Collins Ave ADU 2102-130 ADU R 1 4/6/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
434 SF ATTACHED

ACCESSORY

DWELLING UNIT WITH
3 BEDROOMS AND (1)

BATHROOM (BY

CONVERTING AN

EXISTING TWO CAR
GARAGE) 38621508 38621508 1207 E WALNUT AVE ADU 1903-208 ADU R
0 1 3/18/2021 1 0 N Y All ADUs assumed to have a level
of afforability
NEW DETACHED 640

SF ACCESSORY
DWELLING UNIT (2
BEDROOMS) W/ 329
SF GARAGE AND 230

SF COVERED PORCH
38659204 38659204 865 N ORANGE ST ADU 1907-211
ADU R 1 2/18/2021
1 1 3/18/2021 1 0 N Y All ADUs assumed to have a level
of afforability
640 SF DETACHED (2)

BEDROOM

ACCESSORY
DWELLING WITH 231
SF ATTACHED GARAGE. 37022415 37022415 6014 E CRATER LAKE AVE NEW SINGLE FAMILY 1912-193 SFD O
0 1 12/7/2021 1 0 N Y 1 Demolished O
DEMO EXISTING 2,690
SF (4) BEDROOM

HOME & REBUILD
3,927 SF (4)
BEDROOM + OFFICE
HOME WITH 564 SF
REAR PATIO AND 431

SF FRONT PORCH
/ENTRY. EXISTING
720 SF (3) CAR
GARAGE TO REMAIN.
38305103 38305103 488 N HAMLIN ST ADU 2005-043
ADU R 1 6/19/2021
1 1 7/16/2021 1 0 N Y All ADUs assumed to have a level
of afforability
448 SF CONVERSION

OF EXISTING FLOOR
AREA + 60 SF BATH

ADDITION FOR
ATTACHED 1-

BEDROOM

ACCESSORY
DWELLING UNIT + RE-

PITCH FLAT GARAGE
& REROOF ENTIRE
EXIST. STRUCTURE.
10/13/21 - ADD IN-

LINE PUMP DUE TO

SEWER GRADE AND

ADD CONTRACTOR
TO PERMIT.
03935114 03935114 286 N DONNEYBROOKE ST ADU 2006-230
ADU R 1 12/3/2021
1 1 7/27/2021 1 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 445 SF
GARAGE TO (1) BEDROOM ATTACHED

ACCESSORY

DWELLING UNIT
13746326 13746326 130 N WOODRIDGE CIR ADU 2007-156
ADU R 1 2/20/2021
1 1 3/10/2021 1 0 N Y All ADUs assumed to have a level
of afforability
750 SF DETACHED (2-

BEDROOM)

ACCESSORY DWELLING UNIT WITH
2-CAR TANDEM OPEN
PARKING.

ELECTRICAL MAIN

PANEL UNDER
SEPARATE PERMIT. 39036302 39036302 1334 E GREENVIEW DR ADU 2007-235 ADU R 1 4/6/2021
1 1 4/8/2021 1 0 N Y All ADUs assumed to have a level
of afforability

CONVERT ATTACHED
GARAGE INTO 400 SF

ACCESSORY
DWELLING UNIT (1)
BEDROOM & (1)
BATH.
39028418 39028418 424 S ALPINE RD ADU 2008-233
ADU R 1 2/4/2021
1 1 2/8/2021 1 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 370 SF

ATTACHED GARAGE

INTO AN ACCESSORY
DWELLING (STUDIO).
09409204 09409204
145 S SWIDLER PL ADU 2009-097
ADU R 1 9/14/2021
1 1 9/14/2021 1 0 N Y All ADUs assumed to have a level
of afforability
NEW 452 SF

ATTACHED

ACCESSORY
DWELLING UNIT (1- BEDROOM). 09452411 09452411 672 S PROSPECT ST ADU 2010-133 ADU R 1 3/3/2021
1 1 3/9/2021 1 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 265 SF

GARAGE AREA AND
ADD 234 SF FOR 499
SF ATTACHED 1

BEDROOM

ACCESSORY
DWELLING UNIT.

MAIN PANEL

UPGRADE UNDER
SEPARATE PERMIT.
6/23/21 CHANGE

FROM OWNER

BUILDER TO J S L
38606305 38606305
151 N MONTEREY RD ADU 2010-211
ADU R 1 3/16/2021
1 1 3/17/2021 1 0 N Y All ADUs assumed to have a level
of afforability
535 SF DETACHED

ACCESSORY

DWELLING UNIT WITH
1 BEDROOM
37429210 37429210 2719 N BEECHWOOD ST ADU 2010-226
ADU R 1 3/22/2021
1 1 3/31/2021 1 0 N Y All ADUs assumed to have a level
of afforability
418 SF GARAGE

CONVERSION FOR

ATTACHED

ACCESSORY

DWELLING UNIT
(STUDIO) W/ 1
BATHROOM 09434453 09434453 2638 E ROMELLE AVE ADU 2010-228 ADU R 1 3/25/2021
1 1 3/26/2021 1 0 N Y All ADUs assumed to have a level
of afforability
994 SF NEW
DETACHED 2 STORY
ADU WITH 2
BEDROOMS AND 540

SF ATTACHED

GARAGE (DEMO
EXISTING GARAGE). 38629311 38629311 785 N CALIFORNIA ST ADU 2010-257 ADU R 1 3/18/2021
1 1 3/29/2021 1 0 N Y All ADUs assumed to have a level
of afforability
1000 SF 2 BEDROOM

DETACHED TWO

STORY ACCESSORY
DWELLING UNIT.

MAIN PANEL UNDER

SEPARATE PERMIT
NO. 2106-160
37546130 37546130
1124 E CARLETON AVE ADU 2010-265
ADU R 1 4/13/2021
1 1 11/30/2021 1 0 N Y All ADUs assumed to have a level of afforability
400 SF DETACHED

ACCESSORY
DWELLING UNIT W/1

BEDROOM
38645129 38645129 211 N PARKER ST ADU 2011-130
ADU R 1 3/31/2021
1 1 5/26/2021 1 0 N Y All ADUs assumed to have a level
of afforability
1,011 SF DETACHED

ACCESSORY
DWELLING UNIT (2)
BEDROOM / (2) BATH.
39042208 39042208
562 E VAN BIBBER AVE ADU 2011-132
ADU R 1 3/31/2021
1 1 6/23/2021 1 0 N Y All ADUs assumed to have a level
of afforability
1,084 SF DETACHED

ACCESSORY
DWELLING UNIT (2)
BEDROOM, (2) BATH
AT REAR OF PROPERTY. 03913106 03913106 555 N CYPRESS ST NEW SINGLE FAMILY 2011-213 SFD R 1 5/11/2021
1 1 6/17/2021 1 0 1 N Y Other
The Orange County Health Care
Agency in collaboration with
Orange County Community
Resources and Jamboree
Housing partnered to create
Cypress House for housing of
homeless individuals living with
mental illness.
1 Demolished O
Department of Health
Care Services Whole
Person Care funds.
3,593 SF HOME WITH
ATTACHED 748 SF
GARAGE AND 244
/250 SF PATIO'S.

THIS IS A (5)
BEDROOM, (5) BATH

HOME FOR

TRANSITIONAL

HOUSING FOR

HOMELESS
INDIVIDUALS. REF.
484
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Note: "+" indicates an optional field
(CCR Title 25 §6202)
37917316 37917316 1171 N RIDGELINE RD ADU 2011-256
ADU R 1 2/9/2021
1 1 2/10/2021 1 0 N Y All ADUs assumed to have a level
of afforability
NEW 416 SF

DETACHED STUDIO

ACCESSORY

DWELLING UNIT

ATTACHED TO (E)
DETACHED GARAGE.
39020140 39020140
1750 W ALMOND AVE ADU 2012-151
ADU R 1 4/6/2021
1 1 4/13/2021 1 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 429 SF

DETACHED GARAGE
+ ADD 299 SF FOR
719 SF, 2-STORY, 1-
BEDROOM, 2-BATH,

DETACHED

ACCESSORY
DWELLING UNIT.
9/14/21 - PERMIT
SUPPL. TO ADD
SUBPANEL. 03914217 03914217 430 N LEMON ST ADU 2012-158 ADU R 1 7/15/2021
1 1 7/22/2021 1 0 N Y All ADUs assumed to have a level
of afforability
NEW 720 SF

DETACHED
ACCESSORY DWELLING UNIT.
38659208 38659208 839 N ORANGE ST ADU 2101-020
ADU R 1 5/6/2021
1 1 5/20/2021 1 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 571 SF OF

DETACHED GARAGE
+ ADD 178 SF FOR
TOTAL OF 749 SF, 1-

BEDROOM

ACCESSORY
DWELLING UNIT.
1/20/22 SUPPLEMENT

PERMIT TO ADD A/C

AND MINISPLIT
38601402 38601402
1924 E MOUNT VERNON AVE ADU 2101-021
ADU R 1 4/22/2021
1 1 4/27/2021 1 0 N Y All ADUs assumed to have a level
of afforability

CONVERT EXISTING
400 SF ATTACHED

GARAGE INTO A NEW
ADU (1 BEDROOM).

ELECTRICAL PANEL

UNDER SEPARATE
PERMIT
04121308 04121308
710-14,28-30 S GRABLE CIR BLDG. 6 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2101-
098
5+ O
0 5 2/11/2021 5 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000
(5) UNIT ATTACHED
TOWNHOME BLDG.
#6: UNIT 49, PLAN
5XA, 4 BEDRM, 3.5
BATH (1971 /427 /78
/78 /136 + 70 SF);
UNIT 50, PLAN 3AR, 3-
BEDRM/2.5 BATH
(1,707 /424 /58 + 58
SF); UNIT 51, PLAN
2AR, 2 BEDRRM, 2.5
BATH (1465 /468 /67 +
67 SF); UNIT 52, PLAN
1AR, 2-BEDRM, 2.5
BATH (1453 /458 /79 +
81 SF); UNIT 53, PLAN
4B, 3 BEDRM, 3.5
BATH (1789 /433 /87 +
87 SF).
04121308 04121308
711-731 S GRABLE CIR BLDG. 4 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2101-
133
5+ O
0 11 2/11/2021 11 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000
(11) UNIT ATTACHED
TOWNHOME BLDG.
#4: UNIT 1, PLAN
5XCR, 4-BEDRM/3.5
BATH (1,971 /463 /78/
78 /136 + 70 SF);
UNITS 2, 7 & 10 PLAN
3A /3AR, 3-BEDRM/2.5
BATH (1,707 /424 /58 +
58 SF); UNITS 3, 4 8 &
9, PLAN 4A /4AR, 3
BEDRM, 3.5 BATH
(1783 /433/ 97 + 97
SF); UNIT 5, PLAN 4X
(1804 /453 /197 +197
SF); UNIT 6, PLAN
5XBR (1,945 /440 /78
/78 /139 +70 SF);
UNIT 11, PLAN 5XA
(1971 /427 /78 /78 /136
+70 SF)
09339105 09339105
3913 E SYCAMORE AVE ADU 2101-244
ADU R 1 5/6/2021
1 1 5/18/2021 1 0 N Y All ADUs assumed to have a level
of afforability
906 SF ATTACHED

TWO STORY ADU
WITH 2 BEDROOMS

BY REMODELING

CONVERTING

EXISTING FLOOR
SPACE (468 SF OF
1ST FLOOR AND 438
SF OF 2ND FLOOR) . 09327064 09327064 1955 WINDES DR NEW SINGLE FAMILY 2101-273 SFD O 1 5/6/2021
1 1 5/11/2021 1 0 N Y 1 Destroyed O

RECONSTRUCT NEW
SINGLE STORY HOME DESTROYED BY FIRE:
2,919 SF HOUSE, 7 SF

COVERED ENTRY,
308 SF LOGGIA, 486

SF DETACHED BARN
+ REPLACE ENTIRE

ROOF STRUCTURE OF
625 SF ATTACHED
GARAGE. REF: ADR-
0131 (HOME ON

SEPTIC, NO SAN
DIST. FEE REQ'D.)
37461108 37461108 739 W CULLY DR ADU 2102-096
ADU R 1 9/27/2021
1 1 11/2/2021 1 0 N Y All ADUs assumed to have a level
of afforability
1,199 SF DETACHED

ACCESSORY

DWELLING UNIT WITH
(3) BEDROOMS AND
(2) BATHROOMS
09408322 09408322
2940 E ROMELLE AVE ADU 2102-173
ADU R 1 5/6/2021
1 1 5/20/2021 1 0 N Y All ADUs assumed to have a level
of afforability
1200 SF, 3 BEDROOM,
2 BATHROOM

DETACHED

ACCESSORY

DWELLING UNIT
37407222 37407222
2349 N GREENGROVE ST ADU 2102-218
ADU R 1 5/6/2021
1 1 6/23/2021 1 0 N Y All ADUs assumed to have a level
of afforability
CONSTRUCT 1,166 SF
(2) BEDROOM

DETACHED

ACCESSORY
DWELLING WITH 385

SF ATTACHED

GARAGE AT REAR OF
PROPERTY. 38627408 38627408 740 N MAPLEWOOD ST ADU 2102-219 ADU R 1 5/12/2021
1 1 5/20/2021 1 0 N Y All ADUs assumed to have a level
of afforability
733 SF DETACHED (2)

BEDROOM

ACCESSORY

DWELLING UNIT WITH
29 SF PORCH TO BE
CONSTRUCTED AT REAR OF PROPERTY.

ELECT. MAIN PANEL
ON SEP. PERMIT NO.
2106-127
39334201 39334201
4714 E MONTGOMERY PL ADU 2103-048
ADU R 1 8/9/2021
1 1 8/9/2021 1 0 N Y All ADUs assumed to have a level
of afforability
800 SF DETACHED (2
BEDROOM /2

BATHROOM)

ACCESSORY
DWELLING UNIT + 176

SF PATIO COVER
AND 32 SF PORCH.
38322315 38322315 370 N HANDY ST ADU 2103-112
ADU R 1 4/20/2021
1 1 6/24/2021 1 0 N Y All ADUs assumed to have a level
of afforability
749 SF DETACHED, 2-

BEDROOM

ACCESSORY
DWELLING UNIT.

ELECTRICAL MAIN

PANEL UNDER
SEPARATE PERMIT 38620503 38620503 1422 E MADISON AVE ADU 2103-170 ADU R 1 6/23/2021
1 1 6/29/2021 1 0 N Y All ADUs assumed to have a level
of afforability

CONVERT DETACHED
GARAGE TO 445 SF

ACCESSORY
DWELLING UNIT (1
BEDROOM).
04121308 04121308
741-761 S GRABLE CIR BLDG. 3 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2103-
178
5+ O
0 11 3/26/2021 11 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
11 UNIT ATT.

TOWNHOME BL. #3:

UNIT 12, PLAN 5XAR,
4-BDRM/3.5 BTH(1,971
/427 /78/ 78
/136+70SF); UNITS
13,16,21 PLAN
3A/3AR, 3-BDRM/ 2.5
BTH (1,707 /424
/58+58SF); UNIT
14,15,19,20, PLAN
4A/AR, 3-BDRM/3.5
BTH (1783 /433 /97
/97SF); UNIT 17, PLAN
5XB, 4 BDRM/3.5
BTH(1945 /440 /78 /78
/139+70SF); UNIT 18,
PLAN 4XR, 3-
BDRM/3.5 BTH (1,804
/453 /197+197SF);
UNIT 22, PLAN 5C, 4
BDRM/3.5 BTH (1901
/463 /78+SF)
485
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Note: "+" indicates an optional field
(CCR Title 25 §6202)
04121308 04121308 740-42,56-60 S GRABLE CIR BLDG. 5 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2103-
181
5+ O
0 5 3/26/2021 5 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
(5) UNIT ATTACHED
TOWNHOME BLDG.
#5: UNIT 54, PLAN
4BR, 3-BEDRM, 3.5
BATH (1789 /433 /87 +
87 SF); UNIT 55, PLAN
1A, 2-BEDRM, 2.5
BATH (1453 /458 /79 +
81 SF); UNIT 56,
PLAN 2A, 2-BEDRM,

2.5 BATH (1465 /468
/67 + 67 SF); UNIT 57,
PLAN 3A, 3-BEDRM,

2.5 BATH (1,707 /424
/58 + 58 SF); UNIT 58,
PLAN 5XAR, 4-
BEDRM, 3.5 BATH
(1,971 /427 /78/ 78
/136 + 70 SF)
04114105 04114105 445 S PARKER ST ADU 2103-273
ADU R 1 8/24/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability
CONVERT 587 SF

DETACHED GARAGE
AND ADD 527 SF FOR
A 1,110 SF TWO-

STORY ACCESSORY

DWELLING UNIT WITH
2 BEDROOMS. 04121308 04121308 771-781 S GRABLE CIR BLDG. 2 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2103-
291
5+ O
0 6 8/5/2021 6 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000
(6) UNIT ATTACHED
TOWNHOME BLDG.
#2: UNIT 23, PLAN
5AR, 4-BEDRM, 3.5
BATH (1901 /427 /78 +
78 SF); UNIT 24 & 27,
PLAN 3A /AR, 3-
BEDRM, 2.5 BATH
(1,707 /424 /58 + 58
SF); UNITS 25 & 26,
PLAN 4A/AR, 3-
BEDROOM, 3.5 BATH
(1783 /433 /97 + 97
SF; UNIT 28, PLAN 5C,
4-BEDROOM, 3.5
BATH (1901 /463 /78
+78 SF)
04121308 04121308
841-851 S GRABLE CIR BLDG. 7 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2105-
235
5+ O
0 6 8/5/2021 6 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000
(6) UNIT ATTACHED

TOWNHOME
RESIDENTIAL BLDG.

NO. 7: UNIT 59, PLAN
5XC, 4-BEDRM, 3.5
BATH (1,971 /463 /78/
78 /136 + 70 SF);
UNIT 60 & 63, PLANS
3AR /3A, 3-BEDRM,

2.5 BATH (1,707 /424
/58 + 58 SF); UNITS 61
& 62, PLANS 4AR /4A,
3-BEDRM, 3.5 BATH
(1783 /433 /97 + 97
SF); UNIT 64, PLAN
5XAR, 4-BEDRM, 3.5
BATH (1,971 /427 /78/
78 /136 + 70 SF)
04121308 04121308
842-850 S GRABLE CIR BLDG. 8 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2105-
236
5+ O
0 5 8/5/2021 5 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000
(5) UNIT ATTACHED

TOWNHOME
RESIDENTIAL BLDG.

NO. 8: UNIT 65, PLAN
5CR, 4-BEDRM, 3.5
BATH (1,901 /463 /78
+78 SF); UNITS 66 &
69, PLANS 3A/3AR, 3-
BEDRM, 2.5 BATH
(1,707 /424 /58 + 58
SF); UNIT 67, PLAN
4A, 3-BEDRM, 3.5
BATH (1783 /433 /97 +
97 SF); UNIT 69, PLAN
5A, 4-BEDRM, 3.5
BATH (1,901 /427 /78 +
78 SF).
04121308 04121308 804-812 S GRABLE CIR BLDG. 9 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2106-
065
5+ O
0 5 6/4/2021 5 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000
(5) UNIT ATTACHED

TOWNHOME
RESIDENTIAL BLDG.

NO. 9: UNIT 70, PLAN
5C, 4-BEDRM, 3.5
BATH (1,901 /463 /78
+78 SF); UNITS 71 &
73, PLANS 3AR/3A, 3-
BEDRM, 2.5 BATH
(1,707 /424 /58 + 58
SF); UNIT 72, PLAN
4A, 3-BEDRM, 3.5
BATH (1783 /433 /97 +
97 SF); UNIT 74, PLAN
5AR, 4-BEDRM, 3.5
BATH (1,901 /427 /78 +
78 SF).
04121308 04121308 803-815 S GRABLE CIR BLDG. 10 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2106-
066
5+ O
0 7 6/4/2021 7 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000
(7) UNIT ATTACHED

TOWNHOME
RESIDENTIAL BLDG.

NO. 10: UNIT 35, PLAN
1B, (2-BEDRM, 2.5
BATH (1,445 /458 /79 +
95 SF); UNIT 36, PLAN
2AR, 2-BEDRM, 2.5 BATH (1,465 /468 /67 +
67 SF); UNITS 37, 38,
& 39 PLAN 4A /4AR, 3-
BEDRM, 3.5 BATH
(1783 /433 /97 + 97
SF); UNIT 40, PLAN
3AR, 3-BEDRM, 2.5
BATH (1,707 /424 /58 +
58 SF), UNIT 41, PLAN
5XA, 4-BEDRM, 3.5
BATH (1,971 /427 /78/
78 /136 + 70 SF)
04121308 04121308
791-801 S GRABLE CIR BLDG. 1 TRIPOINTE

TOWNHOMES (FOR

SALE) AND

FAIRFIELD APTS

NEW MULTI-
FAMILY
TTM 0045-17, MJSP
0906-17, DRC 4914-
17, AA 0253-17,
MND 1855-17, 2106-
070
5+ O
0 6 6/8/2021 6 0 N Y
A Workforce Housing Study
demonstrated how the project
would help satisfy the need for
workforce housing in Orange. The
qualifying income levels would be
in alignment with individuals
earning the median County
income. Additionally, the 60
unit/acre density of the project, in
conjunction with the “typical”
monthly income of jobs in the
area, demonstrates that the
project increases the supply of
workforce housing in the City of
Orange.
1000
(6) UNIT ATTACHED

TOWNHOME
RESIDENTIAL BLDG.

NO. 1: UNITS 29 & 34,
PLAN 5CR /5A, 4-
BEDRM, 3.5 BATH
(1,901 /427 /78 + 78
SF); UNIT 30 & 33,
PLANS 3A/3AR, 3-
BEDRM, 2.5 BATH
(1,707 /424 /58 + 58
SF); UNIT 31 & 32,
PLANS 4A/4AR, 3-
BEDRM, 3.5 BATH
(1783 /433 /97 + 97
SF).
39043414 39043414 280 S CAMBRIDGE ST ADU 2109-303
ADU R 1 11/23/2021
1 0 0 N Y All ADUs assumed to have a level
of afforability

CONVERT (E)
GARAGE TO NEW 333

SF DETACHED

STUDIO ACCESSORY
DWELLING UNIT.
37948110 37948110 6508 E GRAY LN Irwin Residence
ADR-0166, 2110-087
SFD O 1 8/2/2021
1 0 0 N Y
7,903 SF HOME, 650
SF BASEMENT, 593
SF GARAGE, (3)
BALONIES, (3) FRONT
PATIO'S, (4) REAR

PATIO'S,

BREEZEWAY

CONNECTING HOME

AND DETACHED
GARAGE /CASITA, 632

SF DETACHED

CABANA WITH

ENCLOSED

RESTROOM AND
37529114 37529114 525 W STRUCK AVE BLDG. A NEW MULTI-FAMILY MJSP No. 1010-20, DRC No. 2007-20,
TPM 0018-20, a
Density Bonus
Housing Agreement,
and two Affordable
Housing
Concessions, 2110-
260
5+ R 34 12/21/2021
34 0 0 N Y HOME, CDLAC, LHTF,
LIHTC, PBS8, RDA DB 55 0.0% 2
Development
Standards
Modification
Yes
37,907 SF MULTI-
FAMILY BLDG. A:
35,244 SF IS FOR 12 -
(2) BEDROOM UNITS
& 22 - (3) BEDROOM
UNITS; 2,662 SF IS

FOR COMMERCIAL

USE (OFFICE,

COMPUTER ROOM,

COMMUNITY ROOM,

LAUNDRY ROOM &
EXTERIOR STORAGE);
3,094 SF OF PORCH
/PATIO AREAS.
486
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Note: "+" indicates an optional field
(CCR Title 25 §6202)
37529114 37529114 525 W STRUCK AVE BLDG. B NEW MULTI-FAMILY MJSP No. 1010-20, DRC No. 2007-20,
TPM 0018-20, a
Density Bonus
Housing Agreement,
and two Affordable
Housing
Concessions, 2110-
261
5+ R 27 1 12/21/2021
28 0 0 N Y

HOME, HOME, CDLAC,
LHTF, LIHTC, PBS8,
RDA
DB 55 0.0% 2
Development
Standards
Modification
Yes
33,180 SF MULTI-
FAMILY BLDG. B:
30,034 SF IS FOR 6 -
(2) BEDROOM UNITS
& 22 - (3) BEDROOM
UNITS; 3,146 SF IS

FOR COMMERCIAL

USE (OFFICE,

COMPUTER ROOM,

COMMUNITY ROOM,

LAUNDRY ROOM &
EXTERIOR STORAGE);
1,345 SF OF PORCH
/PATIO AREAS.
487
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - 9 - - - - - Non-Deed Restricted - - - - - - - - 1 Deed Restricted - - - 72 - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - 336 264 4 4 10 662 39 128 Above Moderate 155 - 12 3 22 75 19 418 1 1 551 - 363
- 348 267 107 79 29 1,080 40 130 2,080 73 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. -
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
10 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
1,447Moderate
83 59
66 Please contact HCD if your data is different than the material supplied here 72 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
73 488
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-
Income Low-Income Moderate-Income Above Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
489
Jurisdiction Orange
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Policy Action 1-
Processing Annexation of
East Orange General Plan
Area
Annexation of East Orange Area Ongoing
Annexation and residential construction in East Orange was not pursued by the property owner. The property owner has dedicated the property to the County of Orange as permanent open space. Residential development is no longer anticipated.

Policy Action 2- Annual
Review of Housing
Element
Annual Review of Housing Element Annually This report implements this policy action for Year 2020.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
490
Policy Action 3- Promotion
of Affordable Housing
42 Extremely-Low Income, 41 Very Low
Income and 59 Low Income Units 2021
With the dissolution of Redevelopment Agencies throughout the State in 2011/2012, the City can no longer promote affordable housing through financial assistance programs through the Orange Redevelopment Agency. The City continues to promote affordable housing through outreach, density bonus, regulatory incentives, deferred impact fees, and some limited funding such as in 2020 where the City provided a low-cost transfer of City owned land to an affordable housing developer (see Valencia Garden below).

In 2021, the City received an entitlement application for Orion, a 166 unit affordable Senior Apartment project. Entitlement conclusion shall occur in 2022.

Also in 2021, the City Council authorized the execution of a joint exercise of powers agreement relating to the CSCDA Community Improvement Authority, and the formation of a public benefit agreement, approving the issuance of revenue bonds for financing, acquisition and construction of the Cameo Apartments (262 units) and Garrison Apartments (94 units) as workforce housing projects for a term of 15 years. In 2020, the City partnered with the Orange Housing Development Corporation (OHDC) and Cottle & Cottle (C&C) Development and entitled Valencia Garden for the construction of 62 affordable supportive housing units on surplus City Corp Yard land. The project received entitlements in 2021.

The project utilized CDLAC, LHTF, LIHTC, PBS8, RDA, and City fee deferrals. A project known as Orange Senior Apartments remains entitled from 2019 for 74 senior affordable units. Construction is anticipated in 2022-23.

In 2021, the City issued a total of 1,845 residential building permits. Finaled building permits for new residential units totaled 149 of which 101 units were multi- family, 4 units were single family and, 44 units were accessory dwelling units.

Several more residential unit building permits were issued but not yet finaled in 2021, particularly permits for accessory dwelling units. While none of the units are income restricted, many accessory dwelling units are anticipated to be accessible to households with a range of income levels, some of which fall into affordable categories. Please see Table A2 for a complete list of projects that Policy Action 4- Support
and outreach for
Affordable Housing
Production
Support and outreach for development
of affordable housing units Ongoing
Refer to Policy Action 3 and 12.
491
Policy Action 5-
Development of Housing
for Large Families
Support the development of housing for
large families Ongoing
Table A2 shows 2021 activity for completed construction, initiated construction, entitled projects and, projects anticipated to begin construction in 2022. Of the projects listed in Table A2, with the exception of the age-qualified projects and accessory dwelling units, all projects include floor plans that may facilitate large families in the unit mix. Specifically, the Corp Yard Housing project consists of several 3 bedroom units and the Tripointe project has up to 4 bedroom units that may accommodate larger family sizes, particularly in the workforce household category.

Policy Action 6- Provision
of Senior Housing
Opportunities
Provide Senior Housing Opportunities
Ongoing.

Continue to offer
regulatory incentives.

Evaluate the Zoning Code
for opportunities to
streamline senior housing.

Senior Housing is permitted “by right” in all Residential and Mixed Use Zoning districts. In addition, State Law and OMC Chapter 17.15 provides for density bonuses and other incentives for Senior Housing. Senior housing is also permitted, subject to Conditional Use Permit approval within commercial zones.

The Commercial Code includes development standards (Urban Mixed Use zoning standards) designed to encourage and facilitate infill senior housing development close to goods and services.

In 2021, the City received applications for, and continues to process, the following two non-SB35 Senior Housing projects:
• Orion (166 senior affordable apartments)
• Chapman Yorba VII (158 senior apartments)
In 2021, the following Senior Housing projects have entitlements from prior years but have not begun construction:
• Orange Sky Villas (23 age-qualified multiple-family rental units) • Orange Senior Apartments (74 senior units)
The following Senior Housing project began construction in 2021:
• Sunrise Senior (93-unit, 120 bed senior assisted living and memory care facility) 492
Policy Action 7- Facilitate
Infill Construction
Support and facilitate the development
of 363 infill housing units
Identify/inventory sites by
2014.

Ongoing outreach.

Review/evaluate zoning
code by 2015 and revise as
appropriate.

The City has met its objectives for infill development in this Housing Element Cycle, except for at the very-low income level. The City of Orange is built out.

Hence, all new units in the city are infill construction. In 2021, the City issued a total of 1,845 residential building permits. Finaled building permits for new residential units totaled 149 of which 101 units were multi-family, 4 units were single family and, 44 units were accessory dwelling units. Several more residential unit building permits were issued but not yet finaled in 2021, particularly permits for accessory dwelling units. Please see Table A2 for a complete list of projects that received final building inspection, had building permits issued, and were entitled in 2021. Also, as reflected in Table A1, the City received 109 ADU applications in 2021. There are also 444 entitled multi-family units that have not submitted for plan check. Those projects remain entitled pursuant to AB 1561 and include:
• 167 apartments, Terrace Apartments, 200 City Blvd West, entitled 12-2-19 • 277 apartments, Orange Collection, 3800 W. Chapman Ave., entitled 7-29-19 • 213 apartments, Orange Collection, 500 & 600 City Parkway, entitled 7-29-19 In 2017, the City developed and posted maps highlighting properties that are identified in the Housing Element as "housing opportunity sites". Many of these sites have been developed as infill projects but several remain available. The maps are available to housing developers via the City's website at the following link:
https://cityoforange.maps.arcgis.com/apps/webappviewer/index.html?id=1dd0d2c ee359446998093f5da7c81770
The City continues to include the General Plan Housing Element on the City website and the element includes a Housing Needs Assessment for several focus areas of the City. The focus areas include maps identifying specific parcels that have the potential for redevelopment with housing units. Although development has occurred in several of these sites, significant opportunities remain. The 493
Policy Action 8- Explore
Alternative Funding and
Financing Sources
Funding and Financing for Housing
Development Ongoing.

The City’s only remaining funding sources for housing development are very limited and include Federal HOME Investment Partnerships (HOME) funds and Low and Moderate Income Housing Asset Funds (LMIHAF) which are program income from former Orange Redevelopment Agency Housing Set-Aside funds. The City also has limited Community Development Block Grant (CDBG) funds, which could be allocated for housing rehabilitation projects. However, the CDBG funds are typically allocated to City and nonprofits for public services and public facilities, and City infrastructure projects in low income residential areas. In 2020, the City was awarded State SB2 Planning Grant Program funds under the Permanent Local Housing Allocation Program that was allocated to the construction and operation of the two new homeless navigation centers in Buena Park and Placentia. Additionally, the City utilized LEAP and SB2 funding to finance the creation of a North Tustin Street Specific Plan, which is anticipated to result in approximately 2 miles of properties with mixed use and enhanced residential development opportunities. The project's EIR would provide direct cost savings and permit streamlining to future development in the area.Additionally, the City allocated $1.6 million in HOME funds as well as $1.2 million in LMIHAF funds to the Corp Yard Affordable Housing project proposed by Orange Housing Development Corporation (OHDC) and C&C developers. The City will continue to explore alternative funding options for new housing development in coming years.

Policy Action 9- Support
Community Housing
Development Organization
New Construction Projects
CHDO Support Ongoing, based on
funding availability.

OHDC is the only certified Community Housing Development Organization (CHDO) in the City of Orange. In 2020, the City partnered with OHCD to develop 62 affordable supportive housing units. Entitlements were received in 2021, with construction anticipated to begin in 2022. The City provided land from the City Corp Yard at a reduced-cost rate to accommodate the project. 494
Policy Action 10-
Monitoring Adequate Sites
for Housing Development
Adequate Sites for Housing Ongoing monitoring
The City adopted the Orange General Plan update in March 2010. Approximately 426 acres are General Planned Urban Mixed Use (UMU). Mixed Use Zoning was adopted in July 2011. To date, 366 acres have been zoned Urban Mixed Use. This includes the West Katella Avenue Corridor rezoning completed in September 2019.

The Urban Mixed Use zone allows for 30 to 60 dwelling units per acre, thus providing opportunities for development of affordable housing. In order to approve Non-residential and mixed use projects in Urban Mixed Use zones, the decision-making body must first make the finding that the project will not reduce the amount of land available with Urban Mixed Use zoning such that the City's RHNA goals cannot be met. A RHNA Sites Monitoring Database has been established and is being consulted and maintained by City staff as development occurs.

Policy Action 11- Review
and Amendment of
Residential Development
Standards
Review and Revise Zoning Code Review by 2015 and revise as appropriate.

In 2020, HCD awarded SB2 Planning Grant Program funds to the City. Those funds completed a Small Lot Subdivision Ordinance in 2021, and have used toward significant progress in the creation of a Transfer of Development Right Ordinance, and a North Tustin Street Specific Plan (NTSSP). The purpose of these ordinances is to encourage and streamline housing development projects. The Transfer of Development Rights Ordinance is anticipated to be completed by 2022.

The NTSSP will evaluate the potential for housing in the North Tustin Street corridor and would establish residential development standards for any housing that may be accommodated. Completion of the NTSSP is targeted for late 2022.

The City also prepared an Accessory Dwelling Unit Ordinance in 2020 that was adopted early in 2021. Additionally, in 2021, the City completed a comprehensive parking code update which may result in reduced commercial parking rates and could free land for housing in a mixed use environment. In 2021 the City also continued working on updates to sign standards, wall and fence ordinance revisions, and noticing requirements. Both the wall and fence ordinance and noticing requirements were adopted in early 2022.

Policy Action 12-
Affordable Housing Toolkit Toolkit Implement toolkit by 2015 In 2017, an affordable housing toolkit, which provides internet-based resources for the public and development community was completed and posted on the City’s website. This toolkit was maintained in 2020. The toolkit is located at the following link:
https://www.cityoforange.org/our-city/departments/community- development/housing
495
Policy Action 13- Balance
Housing with Needs of
Local Employees.

Workforce Housing Strategy Stakeholders by 2014/
Strategy by 2016
Zoning that can accommodate development of workforce housing was put in place in the City’s Mixed Use Zoning districts in 2011. The City’s major employment centers, consisting of one percent or greater of employment in the City include:
• UCI Medical Center
• County of Orange
• CHOC Children’s Hospital
• St. Joseph Hospital of Orange
• Dental Imaging Technologies Corporation
• CalOptima Health Plans
• American Advisors Group (AAG)
• City of Orange
• Chapman Integrated Healthcare Holdings
Although new housing development within convenient walking proximity to the top three employers did not occur in 2021, all housing in the City is perceived to be close to the City’s employment centers with accessibility by public transit options. Over the past few years, new housing in the Urban Mixed Use district are generally being developed or proposed for development at a density of 60 units/acre. Furthermore, in 2016, the City adopted provisions for the development of housing in the Public Institutions zone, ancillary to hospitals or other major medical uses which may facilitate greater opportunities. These industries are major employers in the City. The Corp Yard Affordable Housing project was entitled in 2021 and is in the major industrial area of the City and in close proximity to commercial areas. Many of the City’s industrial businesses employ persons without continued education and wages are often lower than would be necessary to afford market-rate housing. Therefore, occupants of the Corp Yard Affordable Housing Project may work in the City’s industrial zones, thereby supporting nearby industrial employers.

Policy Action 14-
Coordinate with Chapman
University to Address
Student Housing
Address Student Housing within Orange
neighborhoods
Initiate discussions in
2014.

The City continues to engage in ongoing discussions and efforts with Chapman University to develop more on-site housing for its students. In 2021, the City did not receive an application from Chapman University for development of additional student housing. The City is currently reviewing Chapman University Specific Plan Amendment #7, which proposes a provision to house 50% of students in on- campus housing, however the City is currently working with the University on an update to the Chapman University Specific Plan which plan for expansion of future student housing capacity with enrollment growth. 496
Policy Action 15-
Acquisition and
Rehabilitation of
Multifamily Residential
Development
4 units per year Annually
The Orange Redevelopment Agency provided financial assistance for acquisition/rehabilitation projects for several years. With the dissolution of the Orange Redevelopment Agency in 2012, funding was not available to assist these projects. Specifically, in the past, the City’s Home Improvement Program offered grants and zero percent loans to Low Income owner/occupants of single-family homes and mobile homes for a number of years. The City terminated its Home Improvement Program in FY 2012-13 due to the elimination of the Redevelopment Agency in February 2012 and resulting lack of funding. The City will not directly fund a Home Improvement Program for the foreseeable future. If approached by a qualified nonprofit agency, the City would consider funding rehabilitation programs contingent on funding availability.

Policy Action 16-
Homeless Services
Coordination/
Referral Ongoing
In 2020, the City was awarded state SB2 Planning Grant Program funds under the Permanent Local Housing Allocation (PLHA) program through State HCD. The City allocated these funds for the construction and operation of the two new homeless navigation centers in Buena Park and Placentia to serve the homeless population in north Orange County. The City continues to support these homeless shelters by providing future PLHA funds as they become available.

Furthermore, the City allocated CDBG funds to two nonprofits that provided public services programs for very low income families in Orange. The FY 2021-22 beneficiary counts are not complete yet but for FY 2020-21 the number of persons served are as follows:
• The Assistance League of Orange Operation School Bell (assisted 255 persons) • Friendly Center, Inc. – Community Food Orange (assisted 609 persons) These programs help with providing clothing, supplies, and food to the homeless or those at risk of homelessness. These programs often contribute to preventing homelessness or assisting in diverting individual or household funds towards housing needs.
497
Policy Action 17- Support
Fair Housing Services
Coordination/
Referral Ongoing/Annually
The City allocated Community Development Block Grant (CDBG) funds to the Fair Housing Foundation (FHF) in all recent fiscal years to provide fair housing education, counseling, enforcement, and related housing activities to affirmatively further housing on behalf of the City. For 2020-2021 CDBG funding cycle (July 20- June 21), FHF assisted 144 unduplicated Orange clients/households with landlord/tenant counseling and discrimination allegations. 10 Fair Housing allegations were received, and 5 Fair housing cases were opened. For the 2021 calendar year, FHF assisted 158 unduplicated clients, received 9 Fair Housing allegations, and opened 3 Fair Housing cases.

Policy Action 18- Section 8
Rental Assistance 483 households per year Annually
In 2021, the Orange County Housing Authority (OCHA) assisted 244 renter households in Orange through the Section 8 Housing Choice Voucher (Rental Assistance) Program. An additional 17 households were assisted by OCHA through the Continuum of Care certificate program.

During FY 21-20, the City will continue to support OCHA’s applications for Section 8 vouchers as well as the continuation of the FSS Program, FUP, HUD-VASH Program, and NED Program.

Policy Action 19: Support
for Persons with
Developmental Disabilities
Housing for Persons with
Developmental Disabilities Ongoing
The City will continue its outreach efforts with the Regional Center of Orange County to identify the needs of persons with development disabilities and to promote opportunities and eliminate barriers for housing.

Policy Action 20- Single
Room Occupancy Units Implement SRO Ordinance 2014
At the present time, the City’s efforts are concentrated on identifying opportunities for supportive housing and the homeless crisis in Orange County. In 2021, the City did not focus efforts on a Single Room Occupancy Ordinance. Instead, the City continued to support the operation of the 2020 homeless navigation centers in Buena Park and Placentia to serve the homeless population in north county Orange. Creation of a Single Room Occupancy Ordinance is Housing Policy Action Number 4H in the City's Council-approved 2021-2029 Housing Element.

The timeframe to adopt an ordinance is 18 months.

Policy Action 21- Revise
Ordinance to Comply with
State Law Regarding
Transitional and
Supportive Housing
Compliance with State law 4/1/2015
In 2019, the City passed Ordinance No. 03-19 amending the Orange Municipal Code to modify the Special Use Regulations for homeless shelters in compliance with State Law and HCD guidance. The passage of the amended ordinance in 2019 fulfills the Policy Action 21.
498
Policy Action 22-
Monitoring and
Preservation of "At-Risk"
Units
Monitor and Preserve 97 At-Risk Units
Ongoing Monitoring
Conservation/
Replacement Strategies as
Needed.

The following properties are at-risk of converting to market-rate within the planning period:
• Three (3) units at Adams Triplex I (1837-1841 E. Adams) are identified as at-risk of converting to market rate units. There units are being preserved through the Section 8 Annual Renewal Program. The current contract runs through 2027. • Eight (8) units at the Friendly Center (451-453 N. Lemon Street) are identified as at-risk of converting to market rate units. These units are being preserved through the Section 8 Annual Renewal Program. The current contract runs through May 2021. Discussions with the Friendly Center have resulted in an understanding that they intend to continually renew each year. • Forty (40) units at Casas Del Rio (1740 E. La Veta Avenue) were at risk of converting in 2017. The owner obtained a new five-year Housing Assistance Payments (HAP) contract effective October 26, 2017 through October 26, 2022.

Long-term solutions are being sought for all sites. The City will assist in preserving at-risk units by, but not limited to, supporting non-profit applications for funding to purchase at-risk units, work with property owners to maintain affordability and develop preservation strategies, and assist with funding when available. The City will continue to comply with noticing requirements and coordinate with qualified entities to preserve at-risk units.

Policy Action 23- In-Kind
Technical Assistance Technical Assistance Ongoing
City staff continues to offer Planning, Building, and Economic Development technical assistance at the public counter for housing development and enhancement projects. Staff is also accommodating of pre-application meetings and preliminary project review.

Policy Action 24- Proactive
Code Enforcement for
Private Property
Monitor Neighborhoods and Address
Code Violations Ongoing
Code Enforcement staff continue to partner with the Orange Police Department on annual programs addressing areas where housing conditions and deferred maintenance are of concern. In 2021, 485 cases specifically involving property maintenance on private property were opened. In 2021, 1,253 code enforcement cases of all types were opened and 1,113 cases were closed.

Policy Action 25- Blight
Removal on Public
Property
As Needed As Needed
The City's Public Works and Community Services Departments continue to maintain public property and address deferred maintenance issues, including on sidewalks, parks, bus shelters and signs. City staff strives to remove graffiti within 48 hours. In 2021, City staff removed 80,000 square feet of graffiti from public right-of-way.
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Policy Action 26-
Preservation of Historic
Residential Structures
Enforcement of Design Standards Ongoing
The City continues to incentivize preserving historic residential structures through our Mills Act program and enforcement of the Old Towne Design Standards and Eichler Design Standards for projects located within established historic districts. In 2021, the City approved and recorded 36 new Mills Act Contracts. In order to encourage expansion of this program, the City currently does not limit the number of annual Mills Act applications. 500
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020 501
Jurisdiction Orange ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020 502
Jurisdiction Orange
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
503
Jurisdiction Orange
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey
contain auto-
calculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
504
Jurisdiction Orange
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 130
2 133
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 6 3 3
2 to 4 0 0 1
5+ 62 74 101
ADU 112 56 44
MH 0 0 0
Total 180 133 149
98 646
64 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
505
Jurisdiction Orange
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Housing Element Update $200,000.00 $0.00 Other First half of project funded by SB2
North Tustin Street Specific Plan $300,000.00 $86,085.60 Other First half of project funded by SB2
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 61
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 112
6 180
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 130
2 133
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Certificate of Occupancy Issued by Affordability Summary

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
500,000.00$
Task Status
In Progress
In Progress
506
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 94
Non-Deed Restricted 51
4 149Total Units
Income Level
Very Low
Low
Moderate
Above Moderate
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Agenda Item
City Council
Item #: 3.31. 3/8/2022 File #: 22-0130
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Status report regarding calendar year 2021 fire inspections of educational and selected residential occupancies in accordance with California Health and Safety Code Section 13146.4. Resolution No. 11379.

2. SUMMARY
The Orange City Fire Department performed 909 required annual inspections in calendar year 2021.

Per State law, the Orange City Fire Department is required to report inspection activity to the City Council.

3. RECOMMENDED ACTION
Adopt Resolution No. 11379. A Resolution of the City Council of the City of Orange acknowledging receipt of a report made by the Orange City Fire Department regarding performance of certain required annual inspections.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
e: Develop and implement effective community outreach services and programs to promote public safety.

6. DISCUSSION AND BACKGROUND
Background:

California Health and Safety Code Section 13146 (Code) requires the Orange City Fire Department (Department) to inspect all buildings used as public and private schools, hotels, motels, lodging houses, and apartment houses at least annually, “sofar as practicable”.Inspections are performed to ensure the safety of a building’soccupants, and look at a building’sconstruction, its fire protection systems, and its operational features that provide safety from fire, smoke, and general panic during emergencies.

Effective January 1, 2019, Code Section 13146.4 requires all fire departments in the state to adopt direct, annual reporting of the number of State-mandated school and residential inspections they City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 3.31. 3/8/2022 File #: 22-0130
direct, annual reporting of the number of State-mandated school and residential inspections they performed in the previous calendar year. This creates a clear communication channel between fire departments and their legislative bodies throughout California.

Discussion:

For the 2021 calendar year, the Department phoned, emailed, or visited all management-occupied sites to schedule inspections. Smaller apartment sites that do not have management onsite were automatically inspected. Most buildings’exteriors are generally accessible and the mandate does not require the inspection of the interior of units.

The Orange City Fire Department performed 909 of the 1,057 required annual inspections. Of the remaining 148 sites, one site was temporarily closed for the year. The remaining occupancies were not completed due to COVID-19 limitations. The Department completed an additional 2,431 life safety inspections not required to be included by Code Section 13146.4 in this report. Those inspections include structures of mid- and high-rise buildings, assembly use, manufacturing, hazardous materials, institutions, mercantile, and storage.

The Department generated either a completion or outstanding violations report, and mailed or emailed it to each site. The 148 sites (14%) that were not inspected are tracked to ensure completion as early as possible in the next calendar year and any that were missed remain scheduled for inspection in 2022. In most cases, inspections completed early in the year for the previous year are inspected twice, as their designated annual inspection remains in place for the current year. At this time, there are no penalties associated with failure to complete all inspections in each calendar year.

7. ATTACHMENTS
· Resolution No. 11379
· Health and Safety Code Section 13146.2, 13146.3, 13146.4 City of Orange Printed on 3/3/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.31. 3/8/2022 File #: 22-0130
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

2. SUMMARY
The Orange City Fire Department performed 909 required annual inspections in calendar year 2021.

Per State law, the Orange City Fire Department is required to report inspection activity to the City Council.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
e: Develop and implement effective community outreach services and programs to promote public safety.

6. DISCUSSION AND BACKGROUND
Background:

Effective January 1, 2019, Code Section 13146.4 requires all fire departments in the state to adopt direct, annual reporting of the number of State-mandated school and residential inspections they City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 3.31. 3/8/2022 File #: 22-0130
direct, annual reporting of the number of State-mandated school and residential inspections they performed in the previous calendar year. This creates a clear communication channel between fire departments and their legislative bodies throughout California.

Discussion:

7. ATTACHMENTS
· Resolution No. 11379
· Health and Safety Code Section 13146.2, 13146.3, 13146.4 City of Orange Printed on 3/3/2022Page 2 of 2
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RESOLUTION NO. 11379

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ACKNOWLEDGING

RECEIPT OF A REPORT MADE BY THE

ORANGE CITY FIRE DEPARTMENT

REGARDING PERFORMANCE OF CERTAIN
REQUIRED ANNUAL INSPECTIONS.

WHEREAS, existing law requires the chief of any city or county fire department or district providing fire protection services, and his or her authorized representatives, to inspect every building used as a public or private school within the jurisdiction, for the purpose of enforcing specified building standards, not less than once each year; and WHEREAS, existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided; and WHEREAS, California Health and Safety Code Section 13146.4 requires every fire department or fire district required to perform such annual inspections to report annually to its administering authority on its compliance with conducting those annual inspections.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange acknowledges the staff report received from the Orange City Fire Department in compliance with Health and Safety Code Section 13146.4.

ADOPTED this ____ day of ____________________, 2022
Mark A. Murphy, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
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Reso. No. 11379 2 GAS
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 4.1. 3/8/2022 File #: 22-0129
TO: Members of the City Council
FROM: Mayor Mark A. Murphy

1. SUBJECT
Designation of voting delegates for the 2022 Southern California Association of Governments (SCAG) Regional Conference and General Assembly.

2. SUMMARY
The annual SCAG Regional Conference & General Assembly will be held on May 5, 2022, in Palm Desert, California. SCAG requests that each member city appoint a delegate and alternate to vote at the General Assembly Business meeting.

3. RECOMMENDED ACTION
Designate Councilmember Jon Dumitru as the Delegate and Councilmember Kathy Tavoularis as the Alternate Representative to the Southern California Association of Governments (SCAG) Annual General Assembly scheduled to be held on May 5, 2022.

4. DISCUSSION AND BACKGROUND
In 2021, Council directed staff to join SCAG as a way to become more aware and involved Founded in 1965, SCAG is a Joint Powers Authority under California state law, established as an association of local governments and agencies in six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities that voluntarily convene as a forum to address regional issues. SCAG develops long-range regional transportation plans, regional housing needs allocations and a portion of the South Coast Air Quality management plans, providing broad- based representation of Southern California’s cities and counties.

The SCAG Regional Conference and General Assembly will take place on May 5-6, 2022, in Palm Desert, California. SCAG requests that each member city appoint a delegate to vote at this Assembly. It is during the Annual General Assembly that resolutions are adopted, setting the legislative platform for SCAG in the coming year. SCAG by-laws entitle each city to one vote in matters affecting municipal or SCAG policy. Each member is entitled to designate a delegate to participate in the voting.

Each delegate (or alternate, in the absence of the delegate) will receive a complimentary one-night hotel accommodation at the JW Marriott Resort & Spa for the night of May 5, validated overnight parking, and meals during the conference.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 4.1. 3/8/2022 File #: 22-0129
TO: Members of the City Council
FROM: Mayor Mark A. Murphy

1. SUBJECT
Designation of voting delegates for the 2022 Southern California Association of Governments (SCAG) Regional Conference and General Assembly.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 6.1. 3/8/2022 File #: 22-0147
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Merging of the Investment Advisory Committee and Audit Committee.

2. SUMMARY
The City’sAudit Committee and Investment Advisory and Oversight Committees provide a critical oversight role over the City’sfinancial reporting and investment activities, respectively. However, due to the unique qualifications of the Audit and Investment Advisory committees, it has proven difficult to fill the vacancies that exist in the committees. Therefore, in order to ensure the functions of both committees continue, staff is recommending that the City Council consider merging the two committees into one new committee entitled the Investment and Audit Committee.

3. RECOMMENDED ACTION
Merge the Investment Advisory Committee and Audit Committee into a new committee entitled the Investment and Audit Committee, and direct staff to prepare the necessary Resolutions and Ordinances to effectuate this change.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Staff is seeking direction pertaining to the Audit Committee and Investment Advisory Committee. The City’s Audit Committee and Investment Advisory and Oversight Committees provide a critical oversight role over the City’sfinancial reporting and investment activities, respectively. However, due to the unique qualifications of the Audit and Investment Advisory committees, it has proven difficult to fill the vacancies that exist on both committees. Presently, there are two members on the Investment Advisory Committee, one of which continues to serve on an expired term until his position is filled.

There is only one appointed member on the Audit Committee and the committee has not been active since 2011 due to a lack of quorum.

To provide for these two important functions, staff recommends merging the Investment Advisory Committee and Audit Committee into a new committee entitled the Investment and Audit Committee.

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Item #: 6.1. 3/8/2022 File #: 22-0147
Committee and Audit Committee into a new committee entitled the Investment and Audit Committee.

The membership of this committee would consist of four appointment members and the City Treasurer as a voting ex-officio member, for a total of five members. The new committee, as proposed, would still retain the qualifications necessary for both the Audit and Investment Advisory committees, with members having to meet either of the qualifications. If the City Council agrees, staff will come forward with the necessary Resolutions and Ordinances to effectuate this change.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 6.1. 3/8/2022 File #: 22-0147
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Merging of the Investment Advisory Committee and Audit Committee.

4. FISCAL IMPACT
None.

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

There is only one appointed member on the Audit Committee and the committee has not been active since 2011 due to a lack of quorum.

To provide for these two important functions, staff recommends merging the Investment Advisory Committee and Audit Committee into a new committee entitled the Investment and Audit Committee.

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Item #: 6.1. 3/8/2022 File #: 22-0147
Committee and Audit Committee into a new committee entitled the Investment and Audit Committee.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 7.1. 3/8/2022 File #: 22-0113
TO: Honorable Mayor and Members of the City Council
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Agreement for Employment with City Manager Robert J. Houston.

2. SUMMARY
The proposed Agreement for Employment with City Manager Robert J. Houston provides for a three- year term. Pursuant to Orange Municipal Code Section 2.16.080, the City Council determines the City Manager’s compensation and benefits.

3. RECOMMENDED ACTION
Approve Agreement for Employment with City Manager Robert J. Houston.

4. FISCAL IMPACT
The Agreement provides for a monthly salary of $23,333.33, a $1,000.00 monthly deferred compensation contribution, and a $600.00 per month non-compensation earnable automobile allowance, plus benefits as outlined in the Executive/Senior Management Resolution No. 11332, or as may be amended. The General Fund (100) account will pay for expenses related to this Agreement.

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

6. DISCUSSION AND BACKGROUND
The City Council has completed a comprehensive recruitment process for a new City Manager. After a nationwide executive search and extensive interview and selection process, the City Council identified Robert J. Houston as its preferred candidate. With all stages of the pre-employment process successfully completed, including a thorough background investigation, reference checks, and pre-employment physical requirements, the time is appropriate for City Council consideration of the attached Agreement for Employment.

Mr. Houston offers over 25 years of experience working in public service that range over various governmental levels, serving most recently as the City Manager for the City of Fountain Valley. Prior to this role, he served at the Cities of Newport Beach and Carlsbad.

Pursuant to Council direction, the City Attorney and Human Resources Director negotiated the recommended employment provisions: A base salary of $23,333.33 per month, a six-month performance evaluation, which can lead to consideration for an increase in compensation in City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 7.1. 3/8/2022 File #: 22-0113
performance evaluation, which can lead to consideration for an increase in compensation in September of 2022; a City-paid deferred compensation contribution of $1,000.00 per month; and a non-compensation earnable car allowance of $600.00 per month.

In recognition of Mr. Houston’ssignificant public sector experience, paid vacation accrual would be commensurate with an employee with 20 years of service, at a rate of approximately 17 hours per month. The Agreement also includes an advancement of 80 hours of vacation and 40 hours of sick leave.

Applicable rules and regulations for Executive Directors within Resolution No. 11332, and the Orange Municipal Code, as amended, govern all other benefits or terms of employment.

7. ATTACHMENTS
· Agreement for Employment
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Agenda Item
City Council
Item #: 7.1. 3/8/2022 File #: 22-0113
TO: Honorable Mayor and Members of the City Council
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Agreement for Employment with City Manager Robert J. Houston.

3. RECOMMENDED ACTION
Approve Agreement for Employment with City Manager Robert J. Houston.

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

Pursuant to Council direction, the City Attorney and Human Resources Director negotiated the recommended employment provisions: A base salary of $23,333.33 per month, a six-month performance evaluation, which can lead to consideration for an increase in compensation in City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 7.1. 3/8/2022 File #: 22-0113
performance evaluation, which can lead to consideration for an increase in compensation in September of 2022; a City-paid deferred compensation contribution of $1,000.00 per month; and a non-compensation earnable car allowance of $600.00 per month.

Applicable rules and regulations for Executive Directors within Resolution No. 11332, and the Orange Municipal Code, as amended, govern all other benefits or terms of employment.

7. ATTACHMENTS
· Agreement for Employment
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CITY OF ORANGE

AGREEMENT FOR EMPLOYMENT

OF CITY MANAGER
THIS AGREEMENT FOR EMPLOYMENT, (“Agreement”) made and entered into to be effective on March 14, 2022, by and between the City of Orange, a municipal corporation (hereafter, “City”) and Robert J. Houston, an individual.

1. The City Council of the City hereby appoints Robert J. Houston as the City Manager of the City for a period commencing on or about March 14, 2022 and expiring on March 31, 2025, unless otherwise extended or terminated as herein provided.

2. Robert J. Houston (hereafter, “City Manager”) desires to perform the duties of City Manager for the City and hereby accepts such appointment under the terms and conditions set forth in this Agreement.

3. Compensation
a. Effective upon appointment as City Manager, the salary of the City Manager is established at $280,000.00 annually and shall be paid in the same manner and at the same times as other monthly salaries in the City are paid. During the term of this Agreement, if any across the board salary increases are approved for the Non-Safety Executive Management Team listed in Exhibit “A” to Resolution No. 11332 or as such Resolution may be amended, then the City Manager shall be entitled to the same percentage increase.
b. The City Manager’s performance shall be reviewed by the City Council at the first meeting in September of each year of this Agreement. At such time the City Council may determine any salary adjustments, extensions or other revisions to this Agreement. It is the responsibility of the City Attorney to agendize the annual performance evaluation, although any member of the City Council may agendize the City Manager’s performance review at any time. Annual written evaluations by the City Council, if any, shall be shared and discussed with the City Manager in closed session or individually per the City Council’s discretion.
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2 c. Except as otherwise provided for in this Agreement, within the first six months of employment, City Manager shall receive a performance review and be considered for additional compensation at the September 13, 2022, City Council meeting.

4. Benefits
a. In addition to any benefits provided in this Agreement, City Manager shall receive those benefits and be governed by all applicable rules and regulations related to those benefits provided for Executive Management in Resolution No. 11332 or as such Resolution may be amended; provided that it is understood that the City Manager shall pay Miscellaneous Member Contributions to the California Public Employees’ Retirement System (CalPERS) at the same level and in the same manner as Executive Management as provided in Resolution No. 11332 or as such Resolution may be amended.
b. City Manager shall receive an annual deferred compensation contribution of $12,000.00, payable bi-weekly. The amounts contributed by the City shall be subject to the terms and conditions of the City of Orange Deferred Compensation Plan. c. City Manager’s duties require an available and unrestricted use of an automobile for business purposes and City Manager agrees to have a personal vehicle available for such use. City Manager shall receive an automobile allowance of $600.00 per month, payable bi-weekly. The car allowance is not pension reportable (non-PERSable compensation) and is subject to all tax withholdings, required by law. City Manager shall maintain a current and valid Driver License and be responsible for all operation, maintenance, and insurance costs associated with said automobile. d. In recognition of City Manager’s significant public sector experience, the parties agree that paid vacation accrual, in accordance with Resolution No. 11332, Exhibit A, Section 19 A., shall be commensurate with an employee with 20 years of service, and accrue at a rate of 224 vacation hours per year.
e. Upon employment with City, City Manager shall be provided a bank of 80 hours of vacation and 40 hours of sick leave.
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3 5. Termination
a. The City reserves the right to terminate this Agreement for any reason prior to March 31, 2025, by providing City Manager written notice of its election to terminate as authorized by a majority of the City Council and as provided in Orange Municipal Code Section 2.16.070 and as it may be amended.
b. Except as otherwise provided herein, in the event City Manager is terminated prior to March 31, 2025, the City shall pay City Manager full salary as set forth in Section 3.a of this Agreement or as it may be later amended, and health benefits for six months, or the actual time left in the Agreement term, whichever is less. This severance amount shall only be payable, provided that City Manager has executed a release, waiving any rights, claims, or any other actions arising out of termination of this Agreement in a form acceptable to the City Attorney and City Council. c. Except as otherwise provided herein, City Manager may not be terminated within 90 days after any municipal election for the selection or recall of one or more of the members of the City Council.

6. Notwithstanding anything contained herein to the contrary, in the event the City Manager is terminated for cause, City Manager shall forfeit any and all benefits and payments he may be entitled to including, without limitation, severance payments and all benefits described in this Agreement. In addition to other grounds as provided in Orange Municipal Code Section 2.16.070, the following shall also be considered grounds for termination for cause:
a. A conviction or plea of nolo contendre of a felony or a crime involving moral turpitude that adversely affects the City or the City Manager’s reputation; b. A conviction or plea of nolo contendre of a misdemeanor arising out of the City Manager’s duties or performance under this Agreement;
c. A conviction or plea of nolo contendre of any crime involving “an abuse of office or position,” as that term is defined in Government Code Section 53243.4; d. Willful abandonment of duties consisting of the failure to report to work for five consecutive working days (for reasons not medically-related) and without notifying staff and the City Council of City Manager’s status;
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4 e. Willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council, as directed by the City Council; f. Willful destruction or misuse of City property;
g. Willful violation of the federal, state, or City discrimination laws, including but not limited to, race, religion, creed, color, national origin, ancestry, physical or mental disability, marital status, sex, sexual orientation, or age concerning either members of the general public or City employee(s) while acting in the course and scope of employment; h. Any other intentional or grossly negligent action or inaction by the City Manager that: 1) materially and substantially impedes or disrupts the operations of the City or its organizational units; 2) is detrimental to employees or public safety; 3) violates properly established rules or procedures of the City causing a material and substantial adverse impact on the City; or 4) has a material and substantial adverse effect on the City’s interests as clearly defined and delineated by properly established City Council action, policy, direction, regulations, ordinances, or City Municipal Code provisions.

7. City Manager shall notify the Mayor and City Council of absences during regular business hours. City Manager shall provide a telephone number(s) where he can be reached during such absences. City Manager shall designate an acting City Manager who shall be authorized to perform the duties and responsibilities of City Manager in his absence.

8. In the event the City Manager voluntarily resigns his position with the City before expiration of the term of this Agreement or any extension thereof, City Manager shall give the City Council 60 days written notice, unless the parties otherwise agree. In the event of voluntary resignation or expiration of this Agreement, City Manager is not entitled to the severance payment and benefits described in this Agreement.

9. This Agreement may only be amended in writing, signed by both parties.

10. This Agreement contains the understanding of the parties and no promises or representations not included in this Agreement shall have any force or effect. Each party agrees that they have engaged in arms-length bargaining and have been provided the opportunity to have the Agreement reviewed by an attorney of their choice.

11. Neither party may assign the performance of this Agreement. 530
5 12. If any provision or portion hereof is held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect, and the City Council and the City Manager shall be deemed to have intended to enter into this Agreement even absent such provision or portion hereof.

IN WITNESS WHEREOF , the parties hereto have executed this Agreement which shall commence on the effective date herein.

DATE OF EXECUTION: CITY OF ORANGE, a municipal corporation, Mark A. Murphy, Mayor
ATTEST:

Pamela Coleman, City Clerk
DATE OF EXECUTION: ROBERT J. HOUSTON, an individual,
APPROVED AS TO FORM:

Gary A. Sheatz, City Attorney
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Agenda Item
City Council
Item #: 7.2. 3/8/2022 File #: 22-0117
TO: Honorable Mayor and Members of the City Council
FROM: Thomas R. Hatch, Interim City Manager

1. SUBJECT
Agreement with the Orange Chamber of Commerce and Visitors Bureau for production of the Orange May Parade community event.

2. SUMMARY
The proposed agreement would allow the Orange Chamber of Commerce and Visitors Bureau to produce the Orange May Parade community event on the first Saturday of May through 2024.

3. RECOMMENDED ACTION
Approve the agreement with Orange Chamber of Commerce and Visitors Bureau for production of Orange May Parade, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The agreement requires the Orange Chamber of Commerce and Visitors Bureau to reimburse the City for actual costs incurred for the production of the parade.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
The May Festival Parade community event was a City tradition from 1933 until 1991 when it was discontinued. The event marked the beginning of Valencia orange packing season and featured many civic organizations that enrich the community, including schools, churches, businesses, and nonprofits.

In 2019, the Orange Chamber of Commerce and Visitors Bureau (Chamber) successfully brought the event back as the Orange May Parade. The event is held the first Saturday of May from 10 a.m. to about 12 p.m. The parade route starts on East Chapman Avenue at Cleveland Street and heads west to the Plaza and then proceeds south on Glassell Street, ending at Almond Avenue.

Despite the success of the 2019 parade, the event was cancelled in 2020 and 2021 due to the pandemic. The proposed agreement will allow the Chamber produce the event for three years starting on May 7, 2022. The proposed agreement is similar to existing agreements with the Orange International Street Fair and Orange Plaza Rotary for events in the Plaza area, and requires that the Chamber reimburse the City for actual costs related to planning and supporting the event. Actual City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 7.2. 3/8/2022 File #: 22-0117
Chamber reimburse the City for actual costs related to planning and supporting the event. Actual costs include staff time for Police, Fire, and Public Works personnel, as well as any equipment rental costs to support the event.

Staff recommends approving the proposed agreement to allow for the production of the Orange May Parade through 2024.

7. ATTACHMENT
· Agreement for Production of Orange May Parade
City of Orange Printed on 3/3/2022Page 2 of 2
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533
Agenda Item
City Council
Item #: 7.2. 3/8/2022 File #: 22-0117
TO: Honorable Mayor and Members of the City Council
FROM: Thomas R. Hatch, Interim City Manager

1. SUBJECT
Agreement with the Orange Chamber of Commerce and Visitors Bureau for production of the Orange May Parade community event.

2. SUMMARY
The proposed agreement would allow the Orange Chamber of Commerce and Visitors Bureau to produce the Orange May Parade community event on the first Saturday of May through 2024.

3. RECOMMENDED ACTION
Approve the agreement with Orange Chamber of Commerce and Visitors Bureau for Production of Orange May Parade, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The agreement requires the Orange Chamber of Commerce and Visitors Bureau to reimburse the City for actual costs incurred for the production of the parade.

Despite the success of the 2019 parade, the event was cancelled in 2020 and 2021 due to the pandemic. The proposed agreement will allow the Chamber produce the event for three years starting on May 7, 2022. The proposed agreement is similar to existing agreements with the Orange International Street Fair and Orange Plaza Rotary for events in the Plaza area, and requires that the Chamber reimburse the City for actual costs related to planning and supporting the event. Actual City of Orange Printed on 3/3/2022Page 1 of 2
powered by Legistar™
534
Item #: 7.2. 3/8/2022 File #: 22-0117
Chamber reimburse the City for actual costs related to planning and supporting the event. Actual costs include staff time for Police, Fire, and Public Works personnel, as well as any equipment rental costs to support the event.

Staff recommends approving the proposed agreement to allow for the production of the Orange May Parade through 2024.

7. ATTACHMENT
· Agreement for Production of Orange May Parade
City of Orange Printed on 3/3/2022Page 2 of 2
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535

AGREEMENT FOR PRODUCTION OF ORANGE MAY PARADE

This AGREEMENT FOR PRODUCTION OF ORANGE MAY PARADE (“Agreement”) is made at Orange, California, on this _____ day of ____________, 202 2 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ORANGE CHAMBER OF COMMERCE AND VISITORS BUREAU ., a California non -profit public benefit corporation (“Chamber”).

RECITALS

A. In 1933, City produced the annual May Festival Parade marking the beginning of the Valencia orange packing season in the City of Orange.

B. In 1991, City discontinued the production of the May Festival Parade.

C. Chamber desires to revive and produce the May Festival Parade, renamed the Orange May Parade (“Parade”), to showcase and celebrate the City of Orange.

D. City and Chamber (collectively, “Parties”) have developed a well -organized and effective working relationship ensuring the success of the Parade and City wishes to continue to grant Chamber the exclusive right to produce the Parade.

NOW, THEREFORE, for and in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions h ereof, the parties hereto do agree as follows:

1. Term and Termination of Agreement

A. This Agreement shall commence upon execution and shall terminate December 31, 2024, unless amended or sooner terminated as provided herein.

B. Chamber or City, acting through its City Manager or designee, each reserve the right to terminate this Agreement for any reason by providing a written notice of intent to terminate to the other party no fewer than 90 days prior to the commencement of the Parade for said year. Neither party shall be liable to other for any claim of damages or lost profits relating to any such termination.

2. Location

The Parade shall take place only on those public streets and right s-of-way in City, generally described as the area of (1) Chapman Avenue from the west side of Cambridge Street to the east side of Olive Street; (2) Almond Avenue from the west side of Grand Street to the east side of Glassell Street; and (3) Glassell Street from the north side of Almond Avenue to th e south side of Maple Avenue, as more particularly identified in the map attached and incorporated herein as Exhibit “A.”

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3. Date and Time.

The Parade shall take place on the first Saturday of May from 10:00 a.m. through approximately Noon.

4. Chamber Obligations.

A. Production of Parade.

1) Chamber shall produce the Parade during the day and time stated in Section 3.

2) The “production of Parade” means all aspects of the planning, coordination, and execution of said Parade including, but not limited to: reviewing and approving applications for participants; preparing and distributing advertising; obtaining all licenses, permits and other applicable governmental approvals; obtaining all insurance set forth in Section 7; and developing a budget and fee schedule.

3) Chamber shall work with designated City representatives for business involving the Parade to ensure compliance with this Agreement.

B. Staging Layout.

1) The proposed staging layout map is contained in Exhibit “A.” Each year, no fewer than sixty (60) days prior to the Parade, Chamber shall submit a detailed staging layout map for approval by the Police Department, Fire Department, and Public Works Department.

2) All fire lanes and fire breaks shown on the approved plan shall remain free and clear of all objects, materials, vehicles, and other obstructions during set up, during the course of the Parade, and at break down of the Parade.

C. Site Inspection.

1) No fewer than fifteen (15) days prior to the event, authorized representatives from City and Chamber shall walk the footprint of the Parade to ensure the footprint meets safety standards.

2) At 8:00 a.m. on the day of Parade , representatives from the Fire Department shall conduct a final inspection of Parade floats to ensure compliance with all Fire Code requirements.

D. Parking Lot.

The public parking lot located approximately 100 feet south of Chapman Avenue on the west side of Orange Street, is to be used exclusively for the disbandment of participants, as shown in Exhibit “A”.

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E. Sanitation.

Unless otherwise stated herein, Chamber shall comply with all of the provisions of the Orange Municipal Code and all applicable state and federal mandates as they relate to all storm water issues , and as directed by City.

F. Communications and Contacts.

1) Chamber shall designate an individual to serve as a public contact for any and all inquiries, including but not limited to complaints related to the production of the Parade, and shall provide a list of contacts and phone numbers to City no fewer than thirty (30 ) days prior to commencement of the Parade.

2) Chamber will make reasonable efforts to engage with and educate downtown businesses regarding the Parade, footprint, hours, and any other Parade logistics that may interfere with local business operations.

G. Code of Conduct.

Chamber shall comply with and enforce the following guidelines related to its employees and volunteers, the general public, and all vendors within the Parade footprint:

1) With the exception of ADA -recognized service animals, animals are not permitted.

2) Skateboards, roller skates, scooters, bikes, or any motorized or self -propelled device (other than wheelchairs) for the purpose of personal motion are not permitted, unless approved by City.

3) Footwear and a shirt, or a similar form of covering as otherwise approved b y City, must be worn at all times.

H. Maintenance and Inspection of Records.

Chamber shall maintain all records relating to this Agreement and the production of the Parade for a minimum of three (3) years following the expiration or termination of Agreement. All such records shall be available for inspection or review by an authorized representative of City within ten (10) days of written notice to Chamber.

I. Equipment, Supplies, Costs.

1) Chamber agrees to pay for all actual costs incurred by City for production of the Parade including pre and post-planning of the event and staff time.

a. “Planning” is defined as the process of coordinating the production of the Parade between City and Chamber.
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2) Chamber agrees to furnish all equipment and supplies and shall bear all other costs and expenses reasonably necessary to carry out the purpose of this Agreement except as otherwise provided herein.

3) Chamber agrees to reimburse City for all costs and expenses incurred by City in providing materials and services for the Parade, including public safety and miscellaneous personnel.

a. The number of public safety personnel assigned is at the discretion of the Police Department and Fire Department.

b. Materials and services may include costs incurred by City related to damage and cleanup of public and private property directly related to Parade activities within the Parade footprint as depicted in Exhibit “A.”

c. Reimbursement for said materials and services shall be due and payable within thirty (30) days of receipt of an itemized statement from City.

d. Chamber will only be responsible for the actual costs incurred by City related to the Parade.

5. Parade Planning Schedule and Responsibilities.

The planning schedule and responsibilities of each party are described in Exhibit “B” attached hereto and incorporated herein.

6. City Obligations.

A. City agrees that Chamber shall have the sole and exclusive right to produce the Parade.

B. City agrees to prepare the Parade footprint to a mutually acceptable condition at the City’s expense, prior to commencement of the Parade.

C. City agrees to assign a liaison from each of the following departments: Public Works, Police, Fire, and City Manager ’s Office. The City Manager’s Office will act as a direct liaison with Chamber as it pertains to the production, planning, and follow up of the Parade.

D. City agrees that any vendors or merchants within the Parade footprint and not otherwise participating in the Parade through Chamber approval process will be required to apply for and obtain a Special Event Permit from City.

E. City will encourage local businesses an d neighbors to report all clean up locations to City within forty-eight (48) hours of the closure of the Parade. City will provide an itemized bill to Chamber accordingly.

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F. City shall provide Chamber with a detailed break-down of the actual costs incurred by City for labor, material, and equipment related to the Parade by June 30 or within sixty (60) days of the close of the Parade, whichever is sooner.

7. Insurance.

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

B. Chamber shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) Two Million Dollars ($2 ,000,000) per occurre nce with a Three Million Dollar ($3,000,000) aggregate ; or (2) all the insurance coverage and/or limits carried by or available to Chamber. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

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

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

E. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Chamber under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection B and C, above, shall apply to City as an additional insured.

F. The insurance policies maintained by Chamber shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Chamber will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

G. Before Chamber performs any work or prepares or delivers any materials, Chamber shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide th at the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
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H. All insurance maintained by Chamber shall be issued by companies admitted to conduct the pertinent line of insurance business in California.

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

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

K . Chamber shall include all Chamber subcontractors, if any, and Parade vendors as additional insureds under its policies or shall require that said subcontractors and Chamber vendors maintain their own insurance consistent with the requirements stated herein.

8. Indemnity.

A. To the fullest extent permitted by law, Chamber agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

1) Any and all claims under worker’s compensation acts and other employee benefit acts with respect to Chamber’s employees or subcontractor’s employees arising out of Chamber’s work under this Agreement; and

2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Chamber, or person, firm or corporation employed by Chamber, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willf ul misconduct of City. Chamber, at Chamber’s own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this Subse ction, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this Subsection.

B. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

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C. The indemnitees set forth in this section shall survive any closing, res cission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Chamber and its successors.

9. Standard Provisions.

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

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

C. Chamber Not Agent. Except as City may s pecify in writing, Chamber shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Chamber shall have no authority, express or implied, to bind City to any obligation whatsoever.

D. Amendment. No amendment of this Agreement or its Exhibits shall be effective unless in writing, signed by Chamber and City. City Manager is specifically authorized to execute amendments to this Agreement on behalf of City.

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

F. Equal Employment Opportunity. During the performance of this Agreement, Chamber agrees as follows:

1) Chamber shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Chamber shall ensure that applicants are employed, and that 542

employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law . Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Chamber agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

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

3) Chamber shall cause the foregoing paragraphs 1) and 2) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

G. Conflicts of Interest. Chamber agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Chamber knows or has reason to know that Chamber, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Chamber further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.

H. Compliance with all Laws/Immigration Laws.

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

2) Chamber shall comply with all applicable Fire Department guidelines in effect January 1st of any given year during wh ich the Parade is produced. Additional requirements may be added by the Fire Department as necessary, and at the Fire Department’s discretion.

3) Chamber represents and warrants that Chamber:

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

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

c. Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all rela ted employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Chamber’s employees; and 543

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

4) Chamber shall require all subcontractors to make the same representations and warranties as set forth in Subsection 3 above.

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

6) Chamber shall require all subcontractors to make the same verification as set forth in Subsection 5 above.

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

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

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

J. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties.

10. Notice.

Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class 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 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.
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“CITY” “Chamber”
City of Orange Orange Chamber of Commerce and Visitors Bureau 300 E. Chapman Avenue 34 Plaza Square
Orange, CA 92866 Orange, CA 92866
Attn: City Manager Attn: Chairman of the Board
[email protected] [email protected]

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

ORANGE CHAMBER OF COMMERCE CITY OF ORANGE, a municipal corporation AND VISITORS BUREAU, a California
corporation

By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

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EXHIBIT “A”

FOOTPRINT OF THE ORANGE MAY PARADE

[Behind this sheet.]
546

FORMATION AREA ENTRANCE
CHECK
IN

ANNOUNCING AREA

CITY HALL
XXXXXX
XXX
DIVISION 1
XXX

MAP CREATED BY PAGEANTRY PARADES

MAP LEGEND

PORTABLE RESTROOMS

PARADE START / END

PARADE ROUTE
BARRICADES ( hard close )
XXXXX


OLIVE STREET

MAPLE AVENUE

GLASSELL STREET
XXXXX

ORANGE STREET

GRAND STREET

CENTER STREET

SHAFFER STREET

HARWOOD STREET

CLEVELAND
STREET

PINE STREET

CAMBRIDGE STREET

XXX XXX

ALMOND AVENUE

WASHINGTON AVENUE

ORANGE MAY PARADE
presented by
the orange chamber of commerce
XXX
XXXX
XXX

EQUESTRIANS

VIP CARS FLOATS

CHAPMAN AVENUE
BUSES

DISBANDING AREA


FIRE STATION
VIP

SEATING

LIBRARY

PALMYRA AVENUE

XXX XXX

XXX XXX
XXX

XXX
XXX


LEMON STREET
XXX
XXXXXX

XXXXX
XXXXX
XXXX
XXXX

XXXXXXXXXX
XXXXXX
pitcher
park
XXXBARRICADES ( soft close )

FLOATS
XXX
XXX
SHRINE
XXX
AVILA’S

EL RANCHITO

RESTAURANT
 






ROUTE FOR RESTAURANT GUESTS
XXX

X
DIVISION 2
 
XXX
547

EXHIBIT “B”

ORANGE MAY PARADE

PLANNING SCHEDULE AND RESPONSIBLITES

The following is a guideline for the preparation, assignments, duties and responsibilities of Chamber, Orange Public Works Department (“OPW”), and other City departments in support of the Parade.

On-going

 Chamber fields calls from merchants and residents prior to the Parade.

Pre Event (60 days)

 Chamber submits to City the layout for the staging of Parade described in Section 4.B to Police, Fire, and Public Works for written approval.
 Chamber submits to City the layout and details of seating, tents, audio equipment and any other equipment or materials related to the Parade not provided by City. Include power needs, if any.

Pre Event (45 days)

 Chamber submits draft merchant letter to City for review.

Pre Event (30 days)

 Chamber distributes information letter to Plaza merchants and residents.  Chamber provides a list of Chamber contacts and phone numbers to City.  Chamber rents porta-potties and advises City of locations.  Chamber orders 2 cases of trash liners and delivers to Corp Yard.  Chamber presents and conducts a meeting with Parade participants to provide city staff an opportunity to explain City standards and requirements.  OPW orders disposable trash boxes
 OPW rents necessary equipment and materials for street closures (movement of k-rails, Type III barricades, etc.).
 OPW notifies OCTA of the parade footprint to re-route buses.

Pre Event (15 days)

 Authorized representatives from City and Chamber shall walk the footprint of the Parade to ensure the footprint meets safety standards.

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Pre Event (5 days)

 OPW loads all equipment and material needed for setup and closure procedures.  OPW posts “no parking signs” on streets and parking lots.

Pre-Staging of Event (36 hours)

 OPW brings stored materials to site.
 OPW provides and places advanced detour signs.

Day of the Event Duties

 By 7:00 a.m., OPW drops off trash liners and boxes.
 By 8:00 a.m., Chamber assembles and distributes trash boxes with liners throughout Parade footprint.
 Between 9:00 a.m. – 9:30 a.m., representatives from Orange Fire Department conduct a final inspection of Parade floats to ensure compliance with all Fire Code requirements.  By 9:00 a.m., Chamber sets up seating, tents, audio equipment, and any other equipment or materials related to the Parade not provided by City.
 OPW places traffic signals on flash.
 OPW provides and places k-rail and barricades and coordinates with Police for the removal of vehicles from the closure area and other posted parking within the footprint of the Parade.  OPW staff periodically monitors right-of-way areas within Parade footprint for cleanliness and safety items.
 OPW notifies Chamber of any areas out of compliance.
 OPW monitors trash boxes throughout the Parade footprint.  OPW remains on-site to assist critical intersections (Grand/Chapman, Almond/Orange).  Chamber inspects Parade footprint and reports areas in need of OPW assistance.  Chamber provides directional signs to portable restrooms throughout the Parade footprint.

Post Event

 Chamber coordinates removal of portable toilets and related directional signage.  Chamber removes seating, tents, audio equipment, and any other equipment or materials set up by Chamber and not by City.
 OPW sweeps entire Parade footprint.
 OPW removes k-rail, barricades, and signage.
 OPW turns on and synchronizes traffic signals.
 OPW removes and disposes all trash boxes.
 OPW removes and stores all equipment and materials at Corp Yard.

Upon mutual agreement, Chamber and OPW will add other services as needed to ensure a safe closure, the public right-of-way is kept clean, and safe operation of the Parade.

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Agenda Item
City Council
Item #: 7.3. 3/8/2022 File #: 22-0135
TO: Honorable Mayor and Members of the City Council
FROM: Thomas R. Hatch, Interim City Manager

1. SUBJECT
Orange Police Department 2021 Crime Report/Overview of Statistics.

2. SUMMARY
The 2021 Crime Report is prepared by the Orange Police Department and includes crime statistics and information on arrests and calls for service.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety. e: Develop and implement effective community outreach services and programs to promote public safety.

6. DISCUSSION AND BACKGROUND
At the January 11, 2022, City Council meeting, the City Council directed staff to provide a crime report for 2021 in preparation for upcoming policy discussions related to the Fiscal Year 2022-23 budget process. The attached report was prepared by the Orange Police Department and includes crime statistics along with the number of calls for service and arrests by City Council district.

7. ATTACHMENT
· 2021 Crime Report
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Agenda Item
City Council
Item #: 7.3. 3/8/2022 File #: 22-0135
TO: Honorable Mayor and Members of the City Council
FROM: Thomas R. Hatch, Interim City Manager

1. SUBJECT
Orange Police Department 2021 Crime Report/Overview of Statistics.

2. SUMMARY
The 2021 Crime Report is prepared by the Orange Police Department and includes crime statistics and information on arrests and calls for service.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

7. ATTACHMENT
· 2021 Crime Report
City of Orange Printed on 3/3/2022Page 1 of 1
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OFFICE OF THE CHIEF OF POLICE

Memorandum
To: Tom Hatch, Interim City Manager

From: Dan Adams, Chief of Police

Date: February 3, 2022

Re: 2021 Crime Report / Arrests / Calls for Service (by District) ___________________________________________________________________________ Part One crimes include crimes of violence and theft of property. Overall, Part One crimes decreased 5% (135 fewer crimes) from 2020. The following is a summary of Part One crimes for 2021 in comparison to 2020 (January 1st through December 31st).

2021 Violent Crimes
 Homicides increased 50% from four in 2020 to six in 2021. (All suspects were known and taken into custody or are deceased). o Four homicides occurred as a result of one mass shooting incident with a known suspect. o The second homicide case involved a murder suicide where the husband shot and killed his wife then himself.
o The third homicide case involved a domestic violence incident where an associate of the female intervened and shot and killed the ex-boyfriend.  Sexual Assaults increased 67% from 12 in 2020 to 20 in 2021. o Six incidents were committed by a stranger including an Uber d river who assaulted a passenger. Two of these assaults were transient related. o One incident occurred after the victim met the suspect online. Transient suspect arrested. o Two involved family members who were arrested.
o Two were reported involving a family member or associate, but allegedly occurred in prior years.
 Robberies increased 22% from 55 in 2020 to 67 in 2021. o 30 of the 67 were street robberies. One of the suspects arrested was a female from the Los Angeles area involved in over 20 similar street robberies in Los Angeles and Orang e County. There were two robberies of ride share (Uber/Lyft) drivers. o The remaining 37 robberies included 13 commercial businesses, 13 shoplift-related thefts (where force was used) and 11 related to domestic violence where suspects were known to the victim.
o Transient suspects accounted for at least five of the robberies. Additional robberies involved suspects described as possibly transient.
o There were seven carjackings during the year, with one suspect arrested for two of them.  None of the victims sustained significant injuries.
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2  Aggravated assaults decreased 23% from 109 in 2020 to 84 in 2021. o 23% of aggravated assaults were domestic violence related, compared with 43% in 2020. o Transient suspects committed 14% of the assaults, up from 10% in 2020. o No specific trends were noted amongst the remaining assaults.

2021 Property Crimes
 Commercial burglaries decreased 35% from 351 in 2020 to 229 in 2021. o Storage unit burglaries accounted for 25% of all the commercial burglaries. In 2021 there were fewer instances of multiple storage units being burglarized during a single incident. o Excluding storage unit facilities, the most frequently burglarized locations included parking structure and/or storage at Cameo Apts at 1055 W Town and Country Rd (5), Salvation Army at 180 S Tustin St (3), and WC Smoke Labs at 849 N Tustin St (3). o Suspects were arrested in 12 commercial burglaries; four of those were transient suspects.  Residential/garage burglaries decreased 25% from 153 in 2020 to 114 in 2021. o This was the second consecutive year of decreasing residential burglaries. o A total of 24 arrests were made including nine transient suspects. o The majority of the garage burglaries involved the theft of bicycles or tools.  Thefts from vehicles increased 1% from 916 in 2020 to 921 in 2021. o Stolen wheels and tailgates each accounted for 15 thefts during the year. o Catalytic converter thefts continue to increase year over year with 185 in 2021 compared with 70 in 2020 and 20 in 2019. This is consistent with statewide crime trends of increased catalytic converter thefts.
o The top five locations for thefts from vehicles are all in the west end, The Outlets (11), 3063 W Chapman Ave (10), 1235 W Town and Country Rd (8), 700 W La Veta Ave (8) and 181 S Lewis St (7).
 Stolen vehicles increased 5% to from 428 in 2020 to 451 in 2021. o The most frequently stolen vehicle continues to be the full-sized Chevy/GMC pickups (108 thefts in 2021).
o The top five locations for stolen vehicles are in the west end of the city. They include The Outlets (10), 3063W Chapman Ave (8), 293 N State College Blvd (8), 1967 N Main St (4) and 1235 W Trenton Ave (3).
o The 293 N State College Blvd location has the highest concentration of motorcycle thefts in the city, with six thefts at the location.

Disclaimer re statistics:

For Crime Analysis Unit (CAU) reporting purposes, crimes are counted on the first date the crime may have occurred. For Department of Justice (DOJ) purposes, crimes are counted for the date they are reported, even when they occur during a prior month or year. The CAU reports o ne crime for each event or incident. For DOJ reporting, the Records Bureau counts the number of victims for each case. For example, if a suspect hits five victims during an assault, five counts of assault are reported.

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3 554
4 *Reported crimes by council district may vary slightly as crime location without an exact Orange address cannot be mapped or charted.

OFFICE OF THE CHIEF OF POLICE

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5 1 2 3 4 5 6
2020 1106 1404 741 290 612 146
2021 1231 2169 816 335 814 169
Arrests by Council District 2020, 2021
1 2 3 4 5 6
Jan
2020 1,088 1,409 840 510 879 400
2021 941 1,336 738 438 702 359
Feb
2020 1,164 1,442 789 520 858 394
2021 956 1,203 642 354 677 328
Mar
2020 1,095 1,408 871 466 830 417
2021 967 1,233 756 424 660 365
Apr
2020 883 1,226 759 410 848 369
2021 1,017 1,369 733 470 775 327
May
2020 1,108 1,310 867 532 1,055 450
2021 1,138 1,506 898 554 763 388
Jun
2020 1,209 1,458 924 540 1,053 432
2021 1,016 1,345 896 453 869 386
Jul
2020 1,092 1,408 900 558 926 476
2021 1,159 1,613 925 546 832 420
Aug
2020 1,004 1,278 866 539 879 390
2021 1,318 1,425 811 419 847 402
Sep
2020 997 1,374 806 448 711 374
2021 1,277 1,435 766 501 803 383
Oct
2020 1,123 1,440 864 481 856 422
2021 1,214 1,492 841 479 836 374
Nov
2020 1,001 1,301 818 450 707 318
2021 1,125 1,600 871 470 776 392
Dec
2020 886 1,312 813 481 788 374
2021 1,070 1,480 826 496 835 361
1 2 3 4 5 6
2020 12650 16366 10117 5935 10390 4816
2021 13198 17037 9703 5604 9375 4485
Calls For Service by Council District 2020, 2021
Calls For Service Totals
556
Agenda Item
City Council
Item #: 9.1. 3/8/2022 File #: 22-0134
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
A Resolution of the City Council of the City of Orange Adopting an Expense and Reimbursement Policy for City Council Members for Actual and Necessary Expenses Incurred in the Performance of their Official Duties. Resolution No. 11380.

2. SUMMARY
The proposed resolution, adopting an expense and reimbursement policy, is required pursuant to Government Code Section 36514.5, following the adoption of Ordinance No. 09-21. The policy provides for City Council members to receive reimbursement for actual and necessary expenses incurred in the performance of their official duties and satisfies the requirements of state law.

3. RECOMMENDED ACTION
Adopt Resolution No. 11380. A Resolution of the City Council of the City of Orange Adopting an Expense and Reimbursement Policy for City Council Members for Actual and Necessary Expenses Incurred in the Performance of their Official Duties.

4. FISCAL IMPACT
The fiscal impact from Resolution No. 11380 would only occur on an as needed basis, depending on the location and duration of City business conducted, and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 4: Provide Outstanding Public Service
e: Attract, retain and develop quality employees dedicated to public service..

6. DISCUSSION AND BACKGROUND
In November 2011, the City Council adopted an ordinance eliminating reimbursement for the City Council members expenses incurred in the performance of their official duties, or otherwise having those expenses paid for in advance by the City. Since the adoption of that ordinance, no Council member has been able to receive reimbursement for City related training, travel, or attendance at meetings or events directly affecting the City’s interest.

Recognizing the need to have a presence and influence on issues and events with local, state, and federal significance, the City Council adopted Ordinance No. 09-21, reestablishing the ability for City Council members to receive reimbursement for expenses incurred while performing the official duties City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 9.1. 3/8/2022 File #: 22-0134
Council members to receive reimbursement for expenses incurred while performing the official duties of their office. Pursuant to state law, before expenses may be reimbursed, the City Council must adopt a written policy, in a public meeting, specifying the parameters for reimbursement.

The policy identifies the activities and expenses eligible for reimbursement and the procedures to receive payment. Additionally, it satisfies state law requirements that City Council members produce written documentation and an expense report form detailing all expenses incurred, and to provide a brief report to the City Council on all meetings attended on behalf of the City, in order to receive reimbursement.

Finally, it should be noted, should a City Council member decline reimbursement from the City, the provisions of this policy would not apply.

7. ATTACHMENTS
· Resolution No. 11380
City of Orange Printed on 3/3/2022Page 2 of 2
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Agenda Item
City Council
Item #: 9.1. 3/8/2022 File #: 22-0134
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Gary A. Sheatz, City Attorney

5. STRATEGIC PLAN GOALS
Goal 4: Provide Outstanding Public Service
e: Attract, retain and develop quality employees dedicated to public service..

Recognizing the need to have a presence and influence on issues and events with local, state, and federal significance, the City Council adopted Ordinance No. 09-21, reestablishing the ability for City Council members to receive reimbursement for expenses incurred while performing the official duties City of Orange Printed on 3/3/2022Page 1 of 2
powered by Legistar™
559
Item #: 9.1. 3/8/2022 File #: 22-0134
Council members to receive reimbursement for expenses incurred while performing the official duties of their office. Pursuant to state law, before expenses may be reimbursed, the City Council must adopt a written policy, in a public meeting, specifying the parameters for reimbursement.

Finally, it should be noted, should a City Council member decline reimbursement from the City, the provisions of this policy would not apply.

7. ATTACHMENTS
· Resolution No. 11380
City of Orange Printed on 3/3/2022Page 2 of 2
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RESOLUTION NO. 11380

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ADOPTING A N

EXPENSE AND REIMBURSEMENT POLICY

FOR CITY COUNCIL MEMBERS FOR ACTUAL

AND NECESSARY EXPENSES INCURRED IN

THE PERFORMANCE OF THEIR OFFICIAL
DUTIES.

WHEREAS, in November, 2011, the City Council adopted an ordinance eliminating reimbursement for the Mayor and City Council members for actual and necessary expenses incurred in the performance of off icial duties, or to otherwise have such actual and necessary expenses paid for by the City, which applied prospectively to future Mayors and City Council members; and

WHEREAS, since the 2011 ordinance eliminated said reimbursements, it has been the experience of the City Council that the inability to be reimbursed for their actual and necessary expenses to conduct official business has undermined the Council Members’ ability to advance the legislative and financial interests of the City and has been detrimental to the City of Orange; and

WHEREAS, in an effort to enhance the stature , presence, and influence of the City , necessitated by issues and events having local, state and federal significance, the City Council adopted Ordinance No. 09 -21, pursuant to California Government Code Section 36514.5 , which provides the authority for the City Council to be reimbursed for actual and necessary expenses incurred in the performance of their official duties; and

WHEREAS, California Government Code Section 53232.2 requires the City Council to adopt a written policy for the reimbursement of actual and necessary expenses incurred in the performance of official duties; and

WHEREAS, California Government Code Se ction 53232.3 requires the City Council members to provide documentation and an expense report, and report out on the meetings attended at the expense of the local agency, following reimbursement for expenses incurred on behalf of the local agency; and

WHEREAS, this policy satisfies the requirements of California Government Code Sections 53232.2 and 53232.3, for purposes of state laws relating to the permissible use of public resources; and

WHEREAS, the City Council recognizes and affirms that any member of the City Council may elect to waive any or all payment for expenses incurred in the performance of their official duties that may be reimbursed under this policy, as authorized by the ordinance.

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2 NOW, THEREFORE, BE IT RESOLVED , by the City Coun cil of the City of Orange as follows:

SECTION I:

That the “CITY COUNCIL REIMBURSEMENT POLICY FOR ACTUAL AND

NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES,” attached hereto as Exhibit “A,” is hereby adopted.

ADOPTED this ____ day of ____________________, 2022

Mark A. Murphy, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, 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 day of , 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orang

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EXHIBIT “A”

CITY COUNCIL REIMBURSEMENT POLICY FOR ACTUAL AND NECESSARY

EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES

PURPOSE

This policy governs payment for and reimbursement of actual and necessary expenses incurred in the performance of a City Councilmembers official duties, as authorized by the Government Code.

AUTHORIZED ACTIVITIES

Authorized expenses shall be directly related to activities that provide a direct benefit to the City, including but not limited to: the acquisition of information, education, training and skills that will further the City's ability to serve its residents; effecting positive changes to state and federal policies, statutes, and regulations that affect the City; and attendance in their official role as a representative of the Cit y at events of other governmental agencies, and businesses providing a direct benefit to the City. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:

1. Meeting with representatives of local, regional, state and national government on issues directly affecting the City;

2. Attending educational seminars designed to improve the skill and information level of Council Members, in their role as a Council Member;

3. Attending training required by law, including ethics training (AB 1234) and sexual harassment training (AB 1661);

4. Participating in regional, state and national organizations whose activities directly affect the City's interests;

5. Attending City events, in their official capacity as a City Council Member; and

6. Attending events implementing a City strategy for attracting or retaining businesses to the City, which will typically involve at least one City staff member.

All other activities for which expense payment or reimbursement is sought require prior approval by a majority vote of the City Council.

AUTHORIZED EXPENSES

The following expenses are authorized to be paid for or reimbursed by the City:

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Exhibit “A”

Page 2 of 4 ends

Orange City CouncilMarch 8, 2022

Orange City Council
March 8, 2022