Agenda packet — Orange City Council, March 28, 2023

Tom Kisela
City Manager
Mary Binning
City Attorney
Pamela Coleman
City Clerk

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
March 28, 2023
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

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

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

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name and address, and identifying the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments ” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior. (Continued on page 2)

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1 City Council Agenda March 28, 2023
2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to CCpubliccomment@cityoforange .org with the subject line “Public Comment Item # (insert the item number relevant to the comment )” or “Public Comment Non -agenda Item” for general public comments. The public can also submit written comments on the City ’s eComment page. Please visit the City’s website at www .cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council and posted on the City’s website.
3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda March 28, 2023
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.

3. RECESS TO CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1
Title: Finance Director
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Salvador Miramontes-Robles v. Nykolo Gonzalez, et al.

Orange County Superior Court Case No. 30-2022-01247785
c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)
d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property Location: 101 E. Chapman Avenue
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
Property: 2829 N. Glassell, APN 360-241-04
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Discovery LLC, John Doan, Manager
Under Negotiation: Price and terms of payment
e. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, City of Orange Police Association, City of Orange Police Management Association, Orange Fire Management Association

4. CLOSED SESSION REPORT

5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.

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3 City Council Agenda March 28, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Emeritus Rod Schorr, Calvary Chapel Old Towne

1.2 PLEDGE OF ALLEGIANCE
Councilmember Ana Gutierrez

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing the month of March as Women's History Month

1.5 REPORT ON CLOSED SESSION ACTIONS

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

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

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

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Claim for Damages.

Deny the following claim and refer to City Attorney and Claims Adjuster:

1. Laurie Cesena
Recommended Action:

Staff ReportAttachments:

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4 City Council Agenda March 28, 2023

3.3. First Amendment to Contract with Tess Electric, Inc. for electrical improvements at Wells 23 and 24.

Approve the First Amendment to Contract with Tess Electric, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Contract with Tess Electric, Inc
Attachments:

3.4. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to update membership references for the Planning Commission, Design Review Committee, and Traffic Commission. Ordinance No. 01-23
Adopt Ordinance No. 01-23.

Recommended Action:

Staff Report
Ordinance No. 01-23
Attachments:

3.5. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal Code by adding Chapter 2.09 relating to City Council health and retirement benefits. Ordinance No. 02-23 Adopt Ordinance No. 02-23.

Recommended Action:

Staff Report
Ordinance No. 02-23
Attachments:

3.6. Authorize purchase of police AR -15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement.

1. Approve the purchase of AR -15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement for a total amount of $213,171.

2. Authorize the appropriation of $213,171 from Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.55131.00000, Federal Asset Forfeiture - Equipment.

Recommended Action:

Staff Report
ProForce Law Enforcement Quote
Attachments:

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5 City Council Agenda March 28, 2023

3.7. Authorize the purchase of additional Microsoft enterprise maintenance licenses from Insight Public Sector.

Approve the purchase of one hundred additional Microsoft 365 enterprise maintenance licenses for the 3rd year of the Microsoft Enterprise Agreement for $ 34,044.50 from Insight Public Sector.

Recommended Action:

Staff Report
Insight Public Sector Quote 0225748146
Attachments:

3.8. A California Public Employees’ Retirement System (CalPERS) Health Resolution incorporating Non-PERS Elected Officials. Resolution No. 11441.

Adopt Resolution No. 11441. A Resolution of the City Council of the City of Orange electing to be subject to the Public Employees’ Medical and Hospital Care Act at an equal amount for employees and annuitants with respect to a recognized employee organization.

Recommended Action:

Staff Report
Resolution No. 11441
Attachments:

3.9. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/2024 Assistance to Firefighters Grant Program and if awarded, authorizing acceptance. Resolution No. 11442.

Adopt Resolution No. 11442. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/24 Assistance to Firefighters Grant Program and if awarded, authorizing the acceptance of such grant on behalf of the City.

Recommended Action:

Staff Report
Resolution No. 11442
Attachments:

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

4. REPORTS FROM MAYOR SLATER

4.1. Review of Development Standards for Urban Projects

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

No action(s) will be taken pursuant to Government Code Section 54954.2(a)(3).

5.1. Frequency of Park Planning and Community Events Commission Meetings (Tavoularis)

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Appointment of Mike Ludin to the Investment and Audit Committee.

Confirm Mayor Slater ’s recommendation to appoint Mike Ludin to the Investment and Audit Committee for a two-year term ending on June 30, 2025.

Recommended Action:

Staff ReportAttachments:

7. ADMINISTRATIVE REPORTS

7.1. Orange Police Department 2022 Crime Report/General Overview.

Receive and file.

Recommended Action:

Staff Report
2022 Crime Report
2022 Police Annual Report
2022 Homeless and HEART Report
Attachments:

8. REPORTS FROM CITY MANAGER

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 03-23, repealing Chapter 5.54 of the Orange Municipal Code related to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors, and adoption of Resolution No. 11443 setting fines and fees.

1. Introduce and conduct First Reading of Ordinance No. 03-23. An Ordinance of the City Council of the City of Orange repealing Chapter 5.54 of the Orange Municipal Code relating to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors.

2. Adopt Resolution No. 11443. A Resolution of the City of Orange setting the amount of fines and fees relating to sidewalk vendors and sidewalk vending permits.

Recommended Action:

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7 City Council Agenda March 28, 2023
Staff Report
Ordinance No. 03-23
Resolution No. 11443
Sidewalk Vending Flowchart
Sidewalk Vending Ordinance PowerPoint
Attachments:

9.2. Introduction and First Reading of Ordinance No. 04-23 adding new Chapter 1.10 to the Orange Municipal Code relating to administrative citations, and adoption of Resolution No. 11444 setting fines and fees.

1. Introduce and conduct First Reading of Ordinance No. 04-23. An Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations.

2. Adopt Resolution No. 11444. A Resolution of the City Council of the City of Orange setting the amount of fines and fees for violations of the Orange Municipal Code relating to administrative citations.

Recommended Action:

Staff Report
Ordinance No. 04-23
Resolutin No. 11444
Attachments:

10. PUBLIC HEARINGS

10.1. Continued Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships-American Rescue Plan Allocation Plan. (Continued from February 14, 2023)

1. Authorize staff to incorporate public comments received at the Public Hearing into the 2021-2022 Annual Action Plan.

2. Approve the Second Amendment to the 2021-2022 Annual Action Plan to incorporate the HOME -ARP Plan and submit to the Department of Housing and Urban Development (HUD).

3. Authorize the City Manager or their designee to finalize the draft HOME -ARP Plan and execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan and HOME-ARP Allocation Plan on behalf of the City.

Recommended Action:

Staff Report
Second Substantial Amendment to the 2021-2022 Annual Action Plan
Draft HOME-ARP Allocation Plan
Attachments:

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11. STUDY SESSION

11.1. First Study Session for the Proposed Fiscal Year 2023-24 Budget.

Receive and file the report and provide direction to staff.

Recommended Action:

Staff Report
FY 24 Draft Five-Year Capital Improvement Plan
Attachments:

12. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, April 11, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

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

Date posted: March 23, 2023

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9 Agenda Item
City Council
Item #: 3.1. 3/28/2023 File #: 23-0181
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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10 Agenda Item
City Council
Item #: 3.1. 3/28/2023 File #: 23-0181
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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11 Agenda Item
City Council
Item #: 3.2. 3/28/2023 File #: 23-0193
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claim for Damages.

2. SUMMARY
One claim has been received and investigated by the City Attorney’sOffice and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claim and refer to City Attorney and Claims Adjuster:

1. Laurie Cesena

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Laurie Cesena alleging devaluation of property.

7. ATTACHMENTS
· None.

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12 Agenda Item
City Council
Item #: 3.2. 3/28/2023 File #: 23-0193
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claim for Damages.

2. SUMMARY
One claim has been received and investigated by the City Attorney’sOffice and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claim and refer to City Attorney and Claims Adjuster:

1. Laurie Cesena

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Laurie Cesena alleging devaluation of property.

7. ATTACHMENTS
· None.

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13 Agenda Item
City Council
Item #: 3.3. 3/28/2023 File #: 23-0161
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with Tess Electric, Inc. for electrical improvements at Wells 23 and 24.

2. SUMMARY
Additional equipment and labor are needed to replace an electrical drive for Well 24. The original contract amount is $35,532. The First Amendment adds $13,849 to the contract bringing the total contract amount to $49,381.

3. RECOMMENDED ACTION
Approve the First Amendment to Contract with Tess Electric, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $13,849 and will be funded through Water Fund (600).

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
In December 2022, the City Council awarded a contract to Tess Electric, Inc. to replace the aging electrical equipment at Wells 23 and 24. This work is on-going pending the delivery of the electrical equipment. The replacement of the soft starter drive for Well 24 was not included in the original scope of work because this equipment was thought to be in working condition. The soft starter drive ensures a smooth startup by stabilizing the inrush electric currents and prolonging the life of the motor and electrical equipment. A defective soft starter could cause a failed start-up or sudden stop to the motor. Since the original contract was awarded, Well 24 has experienced unintended stops to the motor many times. Public Works Water Division staff has contacted Southern California Edison (SCE) to investigate the issue related to the power supply. SCE reported no issues with its power source. After consulting with our electrical consultants, it is recommended that the Well 24 soft starter drive be replaced.

Tess Electric, Inc. has provided a written quote to supply and install a new soft starter for Well 24.

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14 Item #: 3.3. 3/28/2023 File #: 23-0161
Tess Electric, Inc. has provided a written quote to supply and install a new soft starter for Well 24.

The cost for this additional work is $13,849, bringing the total project cost to $49,381. Because the change order amount exceeds 10% of the original contract, staff is requesting the City Council to approve the First Amendment to Contract with Tess Electric, Inc.

7. ATTACHMENTS
· First Amendment to Contract with Tess Electric, Inc.

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15 Agenda Item
City Council
Item #: 3.3. 3/28/2023 File #: 23-0161
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with Tess Electric, Inc. for electrical improvements at Wells 23 and 24.

3. RECOMMENDED ACTION
Approve the First Amendment to Contract with Tess Electric, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $13,849 and will be funded through Water Fund (600).

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.

Tess Electric, Inc. has provided a written quote to supply and install a new soft starter for Well 24.

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16 Item #: 3.3. 3/28/2023 File #: 23-0161
Tess Electric, Inc. has provided a written quote to supply and install a new soft starter for Well 24.

7. ATTACHMENTS
· First Amendment to Contract with Tess Electric, Inc.

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17 FIRST AMENDMENT
TO

CONTRACT
[Soft Starters Replacement for Wells 23 and 24]

THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment to Contract”) is made and entered into as of ___ _______________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and TESS ELECTRIC INC., a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Contract (Agreement No. 7451) dated December 13, 2022, which is incorporated herein by this reference (the “Original Contract”); and

B. City and Contractor desire to amend the Original Contract to modify, amend and supplement certain portions of the Original Contract by revising the Scope of Work and increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Work Performed. The Contractor’s Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include the work described in Exhibit “A,” attached hereto and incorporated herein.

Section 4. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not -to-exceed compensation for the ser vices to be rendered by THIRTEEN THOUSAND EIGHT HUNDRED FORTY -NINE DOLLARS and 00/100 ($13,849.00) and Sections 3.a is hereby amended in their entirety to read as follows:

“a. Contractor agrees to receive and accept an amount not to exceed FORTY- NINE THOUSAND THREE HUNDRED EIGHTY-ONE DOLLARS and
00/100 ($49,381.00) 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 t he Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and 18 2
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.”

Section 5. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

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

“CONTRACTOR” “CITY”

TESS ELECTRIC, INC., a California CITY OF ORANGE, a municipal corporation corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only on e corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. √
19 3
EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]

20 1 Tess Electric Inc.
12142 Severn Way, Riverside, Ca 92503
Phone 951-427-1735
From: Gregory Beebe Lic. 1057586 [email protected]
Sales tax is additional if applicable. Prices are good for 30 days, subject to change without notice. Please note that this is not an offer to contract, but merely a quotation of current prices for your convenience and information. Orders based on this quotation are subject to our acceptance on the terms and conditions stated in our written acknowledgement of order. We make no representations with respect to compliance with job specifications.

Quote Number# 0000163
February 16, 2023

To: Rick Pearson, City of Orange
[email protected]

Project: 350HP, 460V, Soft Starter Retrofit for Well 24

Tess Electric is pleased to offer the following quote to supply and install a Weg SSW900 series soft starter into the existing A/B MCC section. The existing A/B SMC controller will be removed. The new starter is rated for 412 amps @ 460V and the existing control logic will be modified to work with the unit. The soft starter has the shunting contactor built into the device. The soft starter’s HMI Keypad will be mounted onto the door front for easy access and motor reads. The unit will be programmed as required.

Currently the soft starter is 6-8 weeks out.

Total Cost ........................................................................................................................................................... $ 13,849.00 Sales tax and inbound freight charges are included.

EXCLUSIONS:
1) Permits.
2) Performance Bonds.

All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, and other necessary insurance. Our workers are fully covered by Workmen’s Compensation Insurance. Quote valid for 15 days. This quote is for a prevailing wage project and all employees of Tess Electric employees shall receive the set prevailing wage compensation per DIR standards.

21 Agenda Item
City Council
Item #: 3.4. 3/28/2023 File #: 23-0189
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to update membership references for the Planning Commission, Design Review Committee, and Traffic Commission. Ordinance No. 01-23

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 14, 2023.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 01-23.

4. ATTACHMENTS
· Ordinance No. 01-23
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22 Agenda Item
City Council
Item #: 3.4. 3/28/2023 File #: 23-0189
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 14, 2023.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 01-23.

4. ATTACHMENTS
· Ordinance No. 01-23
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23 ORDINANCE NO. 01-23

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE AMENDING VARIOUS

SECTIONS OF THE ORANGE MUNICIPAL CODE TO

UPDATE MEMBERSHIP REFERENCES FOR THE

PLANNING COMMISSION, DESIGN REVIEW
COMMITTEE AND TRAFFIC COMMISSION.

THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

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

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

SECTION II:

Section 2.64.010 of the Orange Municipal Code, “Administration and Personnel – Planning Commission – Created,” is hereby revised to read as follows:

2.64.010 Created.

There is created a Planning Commission consisting of seven members appointed by the Mayor with the approval of a majority of the City Council.

SECTION III:

Section 2.64.040 of the Orange Municipal Code, “Administration and Personnel – Planning Commission – Meetings,” is hereby revised to read as follows:

2.64.040 Meetings.

The regular meetings of the Planning Commission shall be held in the Council Chambers, Civic Center, 300 East Chapman Avenue, Orange, California, or at such other place as may be designated by the Planning Commission, on the first and third Monday of each month at a time established by resolution of the City Council. In the event any such Monday is a legal holiday, such meeting shall be held the following Thursday.
24 2
SECTION IV:

Section 10.06.010 of the Orange Municipal Code, “Vehicles and Traffic – City Traffic Commission – Created-Membership,” is hereby revised to read as follows:

10.06.010 Created—Membership.

A City Traffic Commission is created consisting of seven residents of the City, appointed by the Mayor with the consent of the Council. The Chief of Police, or designee, and the City Traffic Engineer, or designee, shall be serve as City Staff representatives to the City Traffic Commission.

The City Traffic Engineer shall serve as secretary to the Commission.

SECTION V:

Section 10.06.040.A of the Orange Municipal Code, “Vehicles and Traffic – City Traffic Commission – Meetings and Quorum,” is hereby revised to read as follows:

A. Four members shall constitute a quorum. A majority vote of the quorum present shall be required for all commission actions. Failure to achieve a majority vote of members present shall constitute a denial of the proposed action.

SECTION VI:

Section 17.08.020.D.3.c of the Orange Municipal Code, “Zoning – Reviewing Bodies – Design Review Committee - Meetings,” is hereby revised to read as follows:
c. Four members shall constitute a quorum. A majority vote of the quorum present shall be required for all Committee actions. Failure to achieve a majority vote of members present shall constitute a denial of the proposed action.

SECTION VII:

Section 17.08.020.D.4.a of the Orange Municipal Code, “Zoning – Reviewing Bodies – Design Review Committee - Membership,” is hereby revised to read as follows:
a. The Design Review Committee shall consist of seven members of the public. Committee members shall be persons who, as a result of their training, knowledge and experience, are qualified to analyze and interpret architectural and site planning information, including but not limited to, licensed landscape architects and architects, urban planners, engineers, and licensed general contractors. At least two of the members shall have professional experience in urban planning, architectural history or historic preservation and shall have general knowledge of architectural styles prevalent in the Historic Districts.

SECTION VIII:

Section 17.08.020.D.6 of the Orange Municipal Code, “Zoning – Reviewing Bodies – Design Review Committee – Rules and Regulations,” is hereby revised to read as follows:
25 3

6. Rules and Regulations. The Design Review Committee shall adopt and amend, by the affirmative vote of four members, rules and regulations for the conduct of the Committee’s business consistent with this chapter subject to approval by the City Council.

SECTION IX:

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

SECTION X:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this day of , 2023.

Daniel R. Slater, 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 Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2023 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
26 Agenda Item
City Council
Item #: 3.5. 3/28/2023 File #: 23-0188
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal Code by adding Chapter 2.09 relating to City Council health and retirement benefits. Ordinance No. 02-23

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 14, 2023.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 02-23.

4. ATTACHMENTS
· Ordinance No. 02-23
City of Orange Printed on 3/22/2023Page 1 of 1
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27 Agenda Item
City Council
Item #: 3.5. 3/28/2023 File #: 23-0188
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 14, 2023.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 02-23.

4. ATTACHMENTS
· Ordinance No. 02-23
City of Orange Printed on 3/22/2023Page 1 of 1
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28 ORDINANCE NO. 02-23

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 2 OF THE

ORANGE MUNICIPAL CODE BY ADDING
CHAPTER 2.09 RELATING TO CITY COUNCIL
HEALTH AND RETIREMENT BENEFITS.

WHEREAS, in November 2011, the City Council adopted an ordinance eliminating health and retirement benefits that applied prospectively to future Mayors and City Councilmembers; and WHEREAS, most cities in Orange County offer benefits to their Councilmembers; and WHEREAS, the lack of benefits offered to City Councilmembers often dissuades interest or ability for citizens to serve as elected officials; and WHEREAS, Government Code Sections 53201 and 53208 provide the authority for the City Council to receive health benefits that are paid by the City; and WHEREAS, Government Code Section 53213 authorizes the City to establish a deferred compensation (retirement) plan for its employees, including City Councilmembers, and Empower is the City’s designated retirement plan for part-time employees not participating in the California Public Employees’ Retirement System.

WHEREAS, Government Code Section 53207 permits a City Councilmember to waive any or all of the health benefits permitted by this Ordinance.

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

SECTION I:

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

SECTION II:

Title 2, of the Orange Municipal Code is hereby amended to add Chapter 2.09 entitled “City Council Health and Retirement Benefits”, which shall read as follows:

Chapter 2.09 – CITY COUNCIL HEALTH AND RETIREMENT BENEFITS

2.09.010 - Authority.

The authority for the City Council to receive health and retirement benefits is set forth in Government Code Sections 53201, 53208, and 53213.
29 2

2.09.020 – Health Benefits.

Notwithstanding any other provision of Title 2 of the Orange Municipal Code, City Councilmembers while actively serving in office may receive health benefits paid directly by the City to the service provider as follows:

A. Single-party premiums covering the Councilmember for any City-offered medical plan.

B. Single-party premiums covering the Councilmember for any City-offered dental plan.

C. Single-party premiums covering the Councilmember for any City-offered vision plan.

2.09.030 – Waiver.

A City Councilmember may waive any or all health benefits permitted by this Chapter.

Waiver of any or all health benefits does not entitle a Councilmember to additional consideration for a cash-in-lieu payment.

2.09.040 – Defined Contribution Retirement Plan.

As authorized by Government Code Section 53213, City Councilmembers while actively serving in office shall participate in a defined contribution retirement plan in lieu of Social Security contributions. The City shall contribute three and three-fourths percent (3.75%) of the Councilmember’s eligible earnings, or that amount required by law, toward the retirement plan.

Councilmembers shall contribute three and three-fourths percent (3.75%) of their eligible earnings, or that amount required by law, toward the retirement plan.

SECTION III:

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

SECTION IV:

ADOPTED this day of , 2023.

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

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
31 Agenda Item
City Council
Item #: 3.6. 3/28/2023 File #: 23-0119
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of police AR-15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement.

2. SUMMARY
Purchase of 95 AR-15 rifles, 43 vest plate carriers, and equipment to enhance officer response during emergency situations for a total amount of $213,171.

3. RECOMMENDED ACTION

1. Approve the purchase of AR-15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement for a total amount of $213,171.

2. Authorize the appropriation of $213,171 from Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.55131.00000, Federal Asset Forfeiture - Equipment.

4. FISCAL IMPACT
The total expenditure for this purchase is $213,171 and will be funded through Federal Asset Forfeiture Fund (355).

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

6. DISCUSSION AND BACKGROUND
The Police Department currently uses the Colt M4 AR-15 rifle as a department issued firearm. These firearms are assigned to patrol officers and supplement the officer’shandgun. The AR-15 platform provides officers with a high level of accuracy at a greater distance, is versatile, and reliable.

Additionally, the department also assigns exterior vest plate carriers to each officer in patrol. These plate carriers are in addition to the standard ballistic vest and are equipped with steel armor plates that provide protection against rifle rounds fired from assault rifles.

As officers rotate out of patrol, they must relinquish their assigned AR-15 rifle and exterior vest plate carrier to officers in a patrol assignment. Assigning rifles and plate carriers exclusively to patrol officers puts a strain on inventory levels. As a result, the department is proposing to purchase 95 additional Colt M4 AR-15 rifles and 43 exterior vest plate carriers to expand existing inventory. This City of Orange Printed on 3/22/2023Page 1 of 2
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32 Item #: 3.6. 3/28/2023 File #: 23-0119
additional Colt M4 AR-15 rifles and 43 exterior vest plate carriers to expand existing inventory. This purchase will allow the department to issue every sergeant and officer a rifle and plate carrier, which will remain assigned to them throughout their career. This will also eliminate the need to transfer equipment between officers and sergeants as they move or promote within the department. Five of the AR-15 rifles, requested in the purchase, will be assigned to the Special Weapons and Tactics Team (SWAT), and will include additional mounts and optics equipment.

Also included in the purchase is the replacement of 25 weapon mounted handgun lights for officers assigned to SWAT. Current handgun lights are over twelve years old and have exceeded the manufactures recommended service life. The purchase of 25 Surefire weapon mounted lights will provide SWAT officers with a high-performance LED lighting system that will offer better target identification and increased officer safety.

Orange Municipal Code Section 3.08.290 provides for a waiver of competitive bidding procedures for materials, supplies, equipment, and public projects based upon specified grounds. In this case, the Police Department, in conjunction with the approval of the City Manager, asserts that a single source vendor is required because, although other vendors can supply the requested supplies at comparable prices, only one vendor is able to supply all equipment within a reasonable time frame, for a cost and under the terms and conditions, that reasonably meet the needs of the Police Department.

The Department is proposing the purchase of AR-15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement for a total amount of $213,171. An appropriation of $213,171 from the Federal Asset Forfeiture unreserved fund balance is necessary to cover the cost of rifles, vests, and equipment.

Specialized firearms, including assault weapons are deemed “military equipment” by AB 481. The Colt M4 AR-15 rifle is an approved equipment item on the Military Equipment Inventory List. The increase in inventory will be reflected in the annual report presented to Council in May 2023.

7. ATTACHMENTS
· ProForce Law Enforcement Quote
City of Orange Printed on 3/22/2023Page 2 of 2
powered by Legistar™
33 Agenda Item
City Council
Item #: 3.6. 3/28/2023 File #: 23-0119
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of police AR-15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement.

2. SUMMARY
Purchase of 95 AR-15 rifles, 43 vest plate carriers, and equipment to enhance officer response during emergency situations for a total amount of $213,171.

3. RECOMMENDED ACTION

1. Approve the purchase of AR-15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement for a total amount of $213,171.

2. Authorize the appropriation of $213,171 from Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.55131.00000, Federal Asset Forfeiture - Equipment.

4. FISCAL IMPACT
The total expenditure for this purchase is $213,171 and will be funded through Federal Asset Forfeiture Fund (355).

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

As officers rotate out of patrol, they must relinquish their assigned AR-15 rifle and exterior vest plate carrier to officers in a patrol assignment. Assigning rifles and plate carriers exclusively to patrol officers puts a strain on inventory levels. As a result, the department is proposing to purchase 95 additional Colt M4 AR-15 rifles and 43 exterior vest plate carriers to expand existing inventory. This City of Orange Printed on 3/22/2023Page 1 of 2
powered by Legistar™
34 Item #: 3.6. 3/28/2023 File #: 23-0119
additional Colt M4 AR-15 rifles and 43 exterior vest plate carriers to expand existing inventory. This purchase will allow the department to issue every sergeant and officer a rifle and plate carrier, which will remain assigned to them throughout their career. This will also eliminate the need to transfer equipment between officers and sergeants as they move or promote within the department. Five of the AR-15 rifles, requested in the purchase, will be assigned to the Special Weapons and Tactics Team (SWAT), and will include additional mounts and optics equipment.

7. ATTACHMENTS
· ProForce Law Enforcement Quote
City of Orange Printed on 3/22/2023Page 2 of 2
powered by Legistar™
35 631306
ORDER
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40 Agenda Item
City Council
Item #: 3.7. 3/28/2023 File #: 23-0206
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize the purchase of additional Microsoft enterprise maintenance licenses from Insight Public Sector.

2. SUMMARY
The City purchased an additional one hundred Microsoft 365 enterprise licenses in the second year of the 3-year enterprise license agreement with Microsoft in response to additional growth usage needs. The license costs of $18,441.00 for the 2nd Microsoft enterprise agreement year were prorated for the remaining number of months of use within the 2nd year term. The $18,441.00 cost fell below the threshold requiring City Council approval. However, the 3rd year term cost for the one hundred additional licenses is $34,044.50 requiring City Council approval.

3. RECOMMENDED ACTION
Approve the purchase of one hundred additional Microsoft 365 enterprise maintenance licenses for the 3rd year of the Microsoft Enterprise Agreement for $34,044.50 from Insight Public Sector.

4. FISCAL IMPACT
The total expenditure for this purchase is $34,044.50 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
The City Council approved a 3-year Microsoft Enterprise License Agreement (ELA) for $986,402 on March 9, 2021. The agreement allows for making adjustments for additional licenses inside the 3- year term. The Microsoft ELA identifies Insight Public Sector as the reseller of the software for the agreement.

Due to City staff growth and differing usage of software and differing treatment of online licenses by Microsoft there was a need to purchase an additional 50 Microsoft 365 enterprise license in March of 2022 for $15,604.00. This was for a prorated use within the 2nd ELA year of nearly 11 month’s license use (specifically 4/1/2022 - 2/28/2023). Similarly due to growth an additional 50 Microsoft 365 enterprise licenses were purchased in December 2022 for $2,837.00. This was for a prorated City of Orange Printed on 3/22/2023Page 1 of 2
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41 Item #: 3.7. 3/28/2023 File #: 23-0206
365 enterprise licenses were purchased in December 2022 for $2,837.00. This was for a prorated use within the 2nd ELA year of approximately 2 months (specifically 1/1/2023 - 2/28/2023). For the 3rd ELA year the cost for the additional one hundred licenses are $34,044.50.

The already approved agreement with Microsoft for the 3rd year is $328,800.60. The additional purchase of $34,044.50 will increase the overall 3rd year cost to $362,845.10.

7. ATTACHMENTS
· Insight Public Sector Quote 0225758146
City of Orange Printed on 3/22/2023Page 2 of 2
powered by Legistar™
42 Agenda Item
City Council
Item #: 3.7. 3/28/2023 File #: 23-0206
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize the purchase of additional Microsoft enterprise maintenance licenses from Insight Public Sector.

4. FISCAL IMPACT
The total expenditure for this purchase is $34,044.50 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.

Due to City staff growth and differing usage of software and differing treatment of online licenses by Microsoft there was a need to purchase an additional 50 Microsoft 365 enterprise license in March of 2022 for $15,604.00. This was for a prorated use within the 2nd ELA year of nearly 11 month’s license use (specifically 4/1/2022 - 2/28/2023). Similarly due to growth an additional 50 Microsoft 365 enterprise licenses were purchased in December 2022 for $2,837.00. This was for a prorated City of Orange Printed on 3/22/2023Page 1 of 2
powered by Legistar™
43 Item #: 3.7. 3/28/2023 File #: 23-0206
365 enterprise licenses were purchased in December 2022 for $2,837.00. This was for a prorated use within the 2nd ELA year of approximately 2 months (specifically 1/1/2023 - 2/28/2023). For the 3rd ELA year the cost for the additional one hundred licenses are $34,044.50.

The already approved agreement with Microsoft for the 3rd year is $328,800.60. The additional purchase of $34,044.50 will increase the overall 3rd year cost to $362,845.10.

7. ATTACHMENTS
· Insight Public Sector Quote 0225758146
City of Orange Printed on 3/22/2023Page 2 of 2
powered by Legistar™
44 HTTP://WWW.INSIGHT.COM

Page 1 of 3 ends

2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 10274998

CITY OF ORANGE
300 E CHAPMAN AVE
ORANGE CA 92866-1508

SHIP-TO

CITY OF ORANGE
300 E CHAPMAN AVE
ORANGE CA 92866-1508
We deliver according to the following terms:

Payment Terms : Net 30 days
Ship Via : Electronic Delivery
Terms of Delivery: : FOB DESTINATION
Currency : USD
Quotation
Quotation Number : 0225758146
Document Date
PO Number
PO release:

Sales Rep
Email
Telephone
Sales Rep 2
Email
Telephone
: 10-DEC-2022
:
: YR 3 ANNUAL PYMT
: Christopher Letsinger
: [email protected]
: +14804096848
: Dorene Turner
: [email protected]
: +15097422278
Material Material Description Quantity Unit Price Extended Price 076-01912-ESA3 Microsoft Project - software assurance - 1 user
15 115.44 1,731.60
Coverage Dates: 01-MAR-2023 - 29-FEB-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
DEPLOY DATE : 01-MAR-2023
77D-00111-ESA3 Microsoft Visual Studio Professional with MSDN - software assurance - 1 user
1 303.24 303.24
Coverage Dates: 01-MAR-2023 - 29-FEB-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
DEPLOY DATE : 01-MAR-2023
7NQ-00292-ESA3 Microsoft SQL Server Standard Core Edition - software assurance - 2 cores
24 579.00 13,896.00
Coverage Dates: 01-MAR-2023 - 29-FEB-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
DEPLOY DATE : 01-MAR-2023
9GA-00313-ESA3 Microsoft Core Infrastructure Server Suite Standard - software assurance - 2 cores
64 33.48 2,142.72
Coverage Dates: 01-MAR-2023 - 29-FEB-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
DEPLOY DATE : 01-MAR-2023
45 HTTP://WWW.INSIGHT.COM
Document Date 10-DEC-2022
Quotation Number 225758146

Page 2 of 3 ends

Material Material Description Quantity Unit Price Extended Price 9GS-00135-ESA3 Microsoft Core Infrastructure Server Suite Datacenter - software assurance - 2 cores
64 164.16 10,506.24
Coverage Dates: 01-MAR-2023 - 29-FEB-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
DEPLOY DATE : 01-MAR-2023
AAD-34704-ESA3 Microsoft 365 E3 - subscription license - 1 user
850 337.92 287,232.00
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
D87-01159-ESA3 Microsoft Visio Professional - software
assurance - 1 user
10 98.88 988.80
Coverage Dates: 01-JAN-2023 - 29-FEB-2024
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
DEPLOY DATE : 10-DEC-2022
J5U-00001-ESA3 Microsoft Azure - subscription license (1 month) - 1 license
10 1,200.00 12,000.00
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
COVERAGE PERIOD: 03/01/23 - 02/29/24
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
AAD-34704-ESA3 Microsoft 365 E3 - subscription license - 1 user
50 340.45 17,022.50
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
AAD-34704-ESA3 Microsoft 365 E3 - subscription license - 1 user
50 340.44 17,022.00
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
LICENSE : 72612658
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 3/1/2023
Product Subtotal 362,845.10
TAX 0.00
Total 362,845.10
46 HTTP://WWW.INSIGHT.COM
Document Date 10-DEC-2022
Quotation Number 225758146

Page 3 of 3 ends

Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.

Sincerely,
Christopher Letsinger
+14804096848
[email protected]
Fax 4807608104
Dorene Turner
+15097422278
[email protected]
Fax 8005460565
Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.

This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.

SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings (“Software and Cloud Offerings”), each offering will be subject to the applicable supplier's end user license and use terms ("Supplier Terms") made available by the supplier or which can be found at the “terms-and-policies” link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies
47 Agenda Item
City Council
Item #: 3.8. 3/28/2023 File #: 23-0204
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
A California Public Employees’Retirement System (CalPERS) Health Resolution incorporating Non- PERS Elected Officials. Resolution No. 11441.

2. SUMMARY
Resolution No. 11441 provides City Councilmembers actively serving in office the option to receive health benefits through CalPERS.

3. RECOMMENDED ACTION
Adopt Resolution No. 11441. A Resolution of the City Council of the City of Orange electing to be subject to the Public Employees’Medical and Hospital Care Act at an equal amount for employees and annuitants with respect to a recognized employee organization.

4. FISCAL IMPACT
The total expenditure for this Resolution is $90,636 and will be funded through General Fund (100).

Cost may be less based on the number of City Councilmembers who decline healthcare benefits.

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

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

6. DISCUSSION AND BACKGROUND
Under this Resolution, City Councilmembers will have the option of electing health benefits through CalPERS effective May 1, 2023. Premiums will be paid by the City directly to the service provider on behalf of the City Councilmember. This Resolution would become effective upon the effective date of Ordinance No. 02-23, scheduled for Council adoption on March 28, 2023.

7. ATTACHMENTS
· Resolution No. 11441
City of Orange Printed on 3/22/2023Page 1 of 1
powered by Legistar™
48 Agenda Item
City Council
Item #: 3.8. 3/28/2023 File #: 23-0204
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
A California Public Employees’Retirement System (CalPERS) Health Resolution incorporating Non- PERS Elected Officials. Resolution No. 11441.

2. SUMMARY
Resolution No. 11441 provides City Councilmembers actively serving in office the option to receive health benefits through CalPERS.

4. FISCAL IMPACT
The total expenditure for this Resolution is $90,636 and will be funded through General Fund (100).

Cost may be less based on the number of City Councilmembers who decline healthcare benefits.

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

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

7. ATTACHMENTS
· Resolution No. 11441
City of Orange Printed on 3/22/2023Page 1 of 1
powered by Legistar™
49 RESOLUTION NO. 11441

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ELECTING TO BE
SUBJECT TO THE PUBLIC EMPLOYEES’

MEDICAL AND HOSPITAL CARE ACT AT AN

EQUAL AMOUNT FOR EMPLOYEES AND

ANNUITANTS WITH RESPECT TO A

RECOGNIZED EMPLOYEE ORGANIZATION

WHEREAS, a contracting agency meeting the eligibility requirements set forth in Government Code Section 22920, may obtain health benefit plan(s), as defined under Government Code Section 22777, by submitting a resolution to the Board of Administration of the California Public Employees’ Retirement System (the “Board”), and upon approval of such resolution by the Board, become subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and

WHEREAS, City of Orange is a contracting agency eligible to be subject to the Act under Government Code Section 22920; and

WHEREAS, Government Code Section 22892 (a) provides that a contracting agency subject to the Act shall fix the amount of the employer contribution by resolution; and

WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and

WHEREAS, City of Orange desires to obtain for its employees and annuitants who are members of Non -PERS Elected Officials the benefit of the Act and to accept the liabilities and obligations of an employer under the Act; now, therefore, be it.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:

(a) City of Orange elects to be subject to the provisions of the Act; and be it further

(b) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of the PEMHCA Minimum per month, plus administrative fees and Contingency Reserve Fund assessments; and be it further

(c) City of Orange has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further

(d) That the participation of the employees and annuitants of City of Orange shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a government plan within the meaning of 50 2
Section 414(d) of the Internal Revenue Code, upon publicatio n of final Regulations pursuant to such Section. If it is determined that City of Orange would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obli gated, and reserve s the right to terminate the health coverage of all participants of the employer; and be it further

(e) That the executive body appoint and direct, and it does hereby appoint and direct, Monica Espinoza, Human Resources Director, to file with the Board a verified copy of this resolution, and to perform on behalf of City of Orange all functions required of it under the Act; and be it further

(f) That coverage under the Act be effective on May 1, 2023.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, 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 , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
51 Agenda Item
City Council
Item #: 3.9. 3/28/2023 File #: 23-0184
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/2024 Assistance to Firefighters Grant Program and if awarded, authorizing acceptance.

Resolution No. 11442.

2. SUMMARY
The proposed resolution authorizes the City of Orange to serve as a conduit for North Net Training Authority to purchase safety equipment for the North Net training facility by applying for a grant under the Assistance to Firefighters Grant program.

3. RECOMMENDED ACTION
Adopt Resolution No. 11442. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/24 Assistance to Firefighters Grant Program and if awarded, authorizing the acceptance of such grant on behalf of the City.

4. FISCAL IMPACT
None. North Net Training Authority has already appropriated $74,449 in its budget to purchase the safety equipment. If the grant is awarded, North Net Training Authority will also provide the local matching funds of $7,449 or 10% of the required match.

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

Goal 2: Be a fiscally healthy community.
a. Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The U.S. Department of Homeland Security has developed an Assistance to Firefighters Grant (AFG) program to make funds available for fire departments to protect the public and emergency personnel from fire and related hazards. These funds are authorized for use in the purchase of firefighting City of Orange Printed on 3/22/2023Page 1 of 2
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52 Item #: 3.9. 3/28/2023 File #: 23-0184
from fire and related hazards. These funds are authorized for use in the purchase of firefighting safety equipment, personal protection equipment, training, wellness and fitness, and modifications to fire facilities.

Pursuant to a joint powers agreement, the cities of Orange and Anaheim formed the North Net Training Authority (North Net) for joint use of the North Net Fire Training Center (Training Center) to foster cooperation between the cities and provide more cost-effective training for each city’s fire department personnel.

During Fiscal Year 2023/24, North Net has allocated funds in its budget for the purchase of a configurable air compressor equipped with a three-position containment fill station system, electronic carbon monoxide monitor, and 4-cylinder ASME storage system to be housed at the Training Center.

This type of purchase may be eligible for grant assistance through the AFG program.

However, North Net cannot apply for a grant through the AFG program on its own because it is not an agency. To facilitate the opportunity to seek this type of grant, the City may serve as a conduit for North Net to apply for, and if awarded, accept this grant.

Should the AFG funds be received, as the conduit for the grant, North Net will provide the required 10% match and the City will issue the funds to North Net.

The proposed resolution authorizes application for funds from the AFG Program for the purchase of an air compressor and containment fill system, and if the grant is awarded, North Net will also provide the local matching funds of $7,449 or 10% of the required match.

Therefore, the Orange Fire Department is seeking authorization to submit a grant application to enable purchase of this safety equipment. This system will allow firefighters to safely navigate an environment that lacks safe and breathable air and is immediately dangerous to life or health.

7. ATTACHMENTS
· Resolution No. 11442
City of Orange Printed on 3/22/2023Page 2 of 2
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53 Agenda Item
City Council
Item #: 3.9. 3/28/2023 File #: 23-0184
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

Resolution No. 11442.

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

Goal 2: Be a fiscally healthy community.
a. Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The U.S. Department of Homeland Security has developed an Assistance to Firefighters Grant (AFG) program to make funds available for fire departments to protect the public and emergency personnel from fire and related hazards. These funds are authorized for use in the purchase of firefighting City of Orange Printed on 3/22/2023Page 1 of 2
powered by Legistar™
54 Item #: 3.9. 3/28/2023 File #: 23-0184
from fire and related hazards. These funds are authorized for use in the purchase of firefighting safety equipment, personal protection equipment, training, wellness and fitness, and modifications to fire facilities.

This type of purchase may be eligible for grant assistance through the AFG program.

Should the AFG funds be received, as the conduit for the grant, North Net will provide the required 10% match and the City will issue the funds to North Net.

7. ATTACHMENTS
· Resolution No. 11442
City of Orange Printed on 3/22/2023Page 2 of 2
powered by Legistar™
55 RESOLUTION NO. 11442

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE AUTHORIZING THE

FIRE CHIEF OR DESIGNEE TO SUBMIT A

GRANT APPLICATION ON BEHALF OF THE

CITY OF ORANGE TO THE OFFICE OF

HOMELAND SECURITY FOR THE FISCAL
YEAR 2023/2024 ASSISTANCE TO

FIREFIGHTERS GRANT PROGRAM AND IF

AWARDED, AUTHORIZING THE

ACCEPTANCE OF SUCH GRANT ON
BEHALF OF THE CITY.

WHEREAS, the Office of Domestic Preparedness of the U.S. Department of Homeland Security (the “Grantor”) has heretofore invited public agencies, including the City of Orange, to submit applications to the Grantor for the Fiscal Year 2023/2024 Assistance to Firefighters Grant Program (the “Grant”); and
WHEREAS, the City of Orange desires to submit an application to Grantor for said Grant for Fire Department purposes; and
WHEREAS, the City is familiar with the terms, conditions, and limitations of any such Grant; and
WHEREAS, the City is willing and able to conform to each of the terms, conditions, and limitations imposed upon any such Grant to the City; and WHEREAS, the City desires to accept any such Grant which may be awarded to the City; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:

1. The Orange Fire Chief or designee is hereby authorized to submit a Grant application for and on behalf of the City of Orange, a public entity established under the laws of the State of California, and that the Orange City Fire Department, or the Orange Fire Chief, or the Orange City Manager, or designee is authorized to take any actions necessary to obtain the Grant funds.

2. The City of Orange or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

3. The City Council of the City of Orange hereby agrees to, and by this Resolution, does accept any such Grant so awarded to the City of Orange without further action of the City Council being required.
56 2

4. The City of Orange hereby agrees to comply with each and all of the terms, conditions, and limitations imposed by the Grantor upon said Grant, and the Orange City Fire Department, or the Orange Fire Chief, or the Orange City Manager, or respective designee is hereby authorized and directed to execute any agreements, assurances, or other documents that are required or necessary in connection with the acceptance or implementation of the Grant, if the Grant is awarded to the City.

5. Contingent upon the award of said Grant, the annual budget of the City of Orange for fiscal year 2023/2024 shall be amended by increasing the appropriations and authorized expenditures in the appropriate Fire Department program account in such amounts as are equal to the amount of Grant funds to be received by the City.

6. The City of Orange certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained.

ADOPTED this ____ day of ____________________, 2023
Daniel R. Slater, 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 , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
57 Agenda Item
City Council
Item #: 6.1. 3/28/2023 File #: 23-0215

1. SUBJECT
Appointment of Mike Ludin to the Investment and Audit Committee.

2. SUMMARY
With the adoption of Resolution No. 11432 at the February 14, 2023, City Council meeting, the number of members of each specified City Board, Commission, and Committee was increased to seven members to commensurate with the recent increase in City Council membership to seven. As a result of this increase, the Investment and Audit Committee has one vacancy left to fill.

A Notice of Vacancy was posted for newly created positions on February 15, 2023, in accordance with the Maddy Act, Government Code Section 54974.

3. RECOMMENDED ACTION
Confirm Mayor Slater’s recommendation to appoint Mike Ludin to the Investment and Audit Committee for a two-year term ending on June 30, 2025.

4. ATTACHMENTS
· None
City of Orange Printed on 3/22/2023Page 1 of 1
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58 Agenda Item
City Council
Item #: 6.1. 3/28/2023 File #: 23-0215

1. SUBJECT
Appointment of Mike Ludin to the Investment and Audit Committee.

A Notice of Vacancy was posted for newly created positions on February 15, 2023, in accordance with the Maddy Act, Government Code Section 54974.

3. RECOMMENDED ACTION
Confirm Mayor Slater’s recommendation to appoint Mike Ludin to the Investment and Audit Committee for a two-year term ending on June 30, 2025.

4. ATTACHMENTS
· None
City of Orange Printed on 3/22/2023Page 1 of 1
powered by Legistar™
59 Agenda Item
City Council
Item #: 7.1. 3/28/2023 File #: 23-0031
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Orange Police Department 2022 Crime Report/General Overview.

2. SUMMARY
The 2022 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
In preparation for upcoming policy discussions related to the Fiscal Year 2023-2024 budget process, the City Council directed staff to provide a crime report for 2022. The attached report was prepared by the Orange Police Department and includes crime statistics along with the number of calls for service and arrests.

Also included is the Homeless Engagement and Resource Team (HEART) annual homeless report.

The 2022 Homeless and HEART report includes homeless related crime statistics and the progression of outreach services provided to the homeless community.

7. ATTACHMENTS
· 2022 Crime Report
· 2022 Police Annual Report
· 2022 Homeless and HEART Report
City of Orange Printed on 3/22/2023Page 1 of 1
powered by Legistar™
60 Agenda Item
City Council
Item #: 7.1. 3/28/2023 File #: 23-0031
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Orange Police Department 2022 Crime Report/General Overview.

2. SUMMARY
The 2022 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.

Also included is the Homeless Engagement and Resource Team (HEART) annual homeless report.

The 2022 Homeless and HEART report includes homeless related crime statistics and the progression of outreach services provided to the homeless community.

7. ATTACHMENTS
· 2022 Crime Report
· 2022 Police Annual Report
· 2022 Homeless and HEART Report
City of Orange Printed on 3/22/2023Page 1 of 1
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61 TRUST ▪ CARE ▪ COMMITMENT

OFFICE OF THE CHIEF OF POLICE

Memorandum
To: Tom Kisela, City Manager

From: Dan Adams, Chief of Police

Date: March 8, 2023

Re: 2022 Crime Report
_________________________________________________________________________________ Part One crimes include crimes of violence and theft of property. Overall, Part One crimes increased 7% from 2021. The following is a summary of Part One crimes for 2022 in comparison to 2021 (January 1st through December 31st).
2022 Violent Crimes
 Homicides decreased 100% from six in 2021 to zero in 2022.  Sexual Assaults decreased 5% from 21 in 2021 to 20 in 2022. o 17 of the incidents involved a suspect known to the victim ( e.g., therapist, father, extended family member, new acquaintance, boyfriend, juvenile sibling, and husband). o 1 incident occurred after the victim met the suspect online. o 1 incident occurred during a massage session.
o 1 incident was committed by a stranger after the victim left her apartment unlo cked and she was intoxicated.
 Robberies increased 9% from 66 in 2021 to 72 in 2022. o 28 of the 72 were shop -lift robberies where the suspect stole an item(s) from a commercial store and threatened force or used force when confronted by an employee. The force ranged from verbal threats, threat of a simulated weapon, brandishing a knife, brandishing a taser, and brandishing a firearm.
o 23 of the 72 robberies were street robberies. Three occurred in City parks (Eisenhower Park, Grijalva Park, and Hart Park).
o 9 Incidents were robberies of commercial establishments (gas stations, businesses, bank).

 Aggravated Assaults increased 26% from 84 in 2021 to 106 in 2022. o 16 aggravated assaults involved domestic violence.
o 14 aggravated assaults involved transients.
o 8 aggravated assaults were committed against police officers. o Others were gang related assaults, road rage confrontations, and incidents between roommates, friends, and neighbors.
62 2

2022 Property Crimes
 Commercial Burglaries increased 55% from 229 in 2021 to 356 in 2022. o There were 101 storage burglaries (28%), 32 of those reports were generated online. Most storage businesses are continuing to follow COVID protocols which allow a customer to complete an application online and immediately receive a temporary passcode allowing full access to the facility. In many cases this information is false using fraudulent credit card s.

This process has enabled suspects to have access to a facility for months before management evicts the subject.
o There were 33 reports of point-of-sale machines (credit card machines) taken during commercial burglaries. This trend was county-wide, and video often showed suspects only at the locations for a short amount of time as they smash the window, take the machines from the counter, and flee. Point -of-sale machines contain financial information used by suspects for identify theft.
o 48 commercial burglary cases were linked to suspects who were arrested and charged.  Residential/Garage Burglaries increased 18% from 114 in 2021 to 135 in 2022. o 98 burglaries were residential. 29 of the 98 residential burglaries backed up to a greenbelt, a horse trail , or a hillside of which the suspects appeared to utilize. The typical method of operation was to enter the rear slider or window.
 Residential burglary crews from South America are targeting cities across Orange County. Their typical method of operation is to use rental cars to surveil neighborhoods and break into residences that appear unoccupied and often back up to a greenbelt or open land.
o 29 garage burglaries
o 20 residential burglary cases were linked to suspects who were arrested and charged.  Thefts from vehicles decreased 7% from 921 in 2021 to 858 in 2022. o 224 catalytic converter thefts in 2022 compared to 185 in 2021. The most common vehicles included Toyota Prius, Toyota Sequoia, Toyota Tacoma, and Honda Accord. o 6 arrests were from the theft of catalytic converters. o Others included tail gate thefts (12 from Toyota Tacoma trucks) and 12 wheel/tire thefts. o Top locations of thefts included: The Outlets (32), 293 N. State College (14), 1110/1055/850 W. Town and Country (9), 3063 W. Chapman (6), and Peters Canyon parking lot (6).  Stolen Vehicles increased 6% from 451 in 2021 to 480 in 2022. o Most common vehicles stolen: Chevy/GMC trucks (60) and Ford trucks (27). o The Outlets and surrounding areas had 32 stolen vehicles in 2022 compared to 10 in 2021. o The other common theft locations were 295 and 297 N. State College parking structures (17), and Town and Country parking structures (5).
o 20 subjects were arrested for vehicle theft.

63 3

6 21
66 84
0 20
72 106
0 20
40 60
80 100
120

HOMICIDE SEXUAL ASSAULT ROBBERY AGG ASSAULT

VIOLENT CRIMES
JANUARY 1 TO DECEMBER 31, 2021 VS. 2022
2021 2022
229
114
921
451
356
135
858
480
0 100
200
300
400
500
600
700
800
900
1000

COMM BURGLARY RES BURGLARY THEFT FROM VEHICLE STOLEN VEHICLES

PROPERTY CRIMES
JANUARY 1 TO DECEMBER 31, 2021 VS. 2022
2021 2022
64 TRUST CARE COMMITMENT
Security assessments,construction inspections,plan checks and light surveys Assisted in community outreach events
58 Salary Savings
3,745
Hours Worked by Volunteers
$90,572.20

COMMITMENT

TO EXCELLENCE
It is my pleasure to present the Annual
Review of the Orange Police Department
for 2022! We have a great police
department with outstanding employees
and have proved developing and
maintaining trust and relationships with
the community makes us stronger
together. We are committed to continue
to strengthen those relationships.

Dan Adams
Police Chief
The Crime Prevention Unit Participated In
The Support Services Division is comprised of
Personnel & Training, the Office of Homeland
Security, and the Crime Prevention Unit.

National
Night
Out
14 NeighborhoodWatchMeetings
794
Community members
participated in the
Citizens’ Academy and
Community Emergency
Response Team (CERT)
programs.
98 1526
Sworn Officers Non-Sworn Staff
In 2022 we hired
of Advanced Officer Training Our officers each participated in 34 Hours

TRUST CARE COMMITMENT
@CityofOrangePD
65 1,045
Traffic
Collision
Investigations
7,547
Motor OfficerCitations Parking Citations
30,278

TRUST CARE COMMITMENT
91,733
Calls for Service
120
Sheltered
4,108SubjectsContacted
The Homeless, Engagement, Assistance & Resource Team was formed to implement innovative strategies in response to transient related activity. Together, with our new Homeless Outreach Specialists, a clinician from the Orange County Centralized Assessment Team, and the Bike Team, they work to improve the quality of life for our community.

The Investigative Services Division is comprised of the Records Bureau, Property & Evidence, Forensic Services, and several detective units including Property and
Economic Crimes, Crimes Against Persons, Gang Unit,
and Special Investigations Unit.
61 California Public
Records Act
requests received
and responded
12,314
ReportsProcessed
EmployeesCovering24/7
15 1,499
Crime, trafficcollision and callfor servicereports releasedto the public 11 D.U.I.

Checkpoints D.U.I.Arrests
437
11,261
Reports Arrests
4,9674 min
Average ResponseTime (Emergency)
49,304
911 Calls Received
911 Calls Answered
Within 10 Seconds

98.95%
139,516
Non-emergency
Calls Processed
CasesInvestigated
6,218
Items CollectedInto Evidence
13,662
Special Operationsand ComplianceChecks
54 JOIN OUR TEAM
@CityofOrangePD
87Mental HealthFollow Ups
66 TRUST ▪ CARE ▪ COMMITMENT

OFFICE OF THE CHIEF OF POLICE
Memorandum
To: Tom Kisela, City Manager

From: Dan Adams, Chief of Police

Date: March 8, 2023

Re: 2022 Homeless and HEART Report
_________________________________________________________________________________ The Homeless Engagement and Resource Team (H.E.A.R.T.) maintains an effective presence in the community by providing field support to homeless subjects. H.E.A.R.T. is routinely called upon by field patrol officers, specialized units, City departments, and community members for short and long- term solutions related to homelessness. Their solutions include connecting the homeless with sheltering, counseling services, reunification with families, immediate basic needs, and criminal enforcement if necessary. The department hired a civilian Homeless Outreach Specialist (H.O.S) who started on August 1, 2022 and has been instrumental in increasing outreach services to the homeless community. As we begin 2023, a second Homeless Outreach Specialist has just been hired.

In 2022, Mary’s Kitchen closed, and the responsibility for services to the homeless community transitioned to the City of Orange, which is now The HUB of OC. In 2021, there were approximately 234 calls for service and numerous violent crimes at Mary’s Kitchen (517 W. Struck Ave.). Since the opening of The HUB OC in May 2022, there have been approximately 47 calls for service, no acts of violence nor significant incidents/crimes at the location. This is a distinct contrast from when the site was operated under Mary’s Kitchen. Of the 47 calls for service, there were 11 medical aids, eight disturbing the peace, five subjects refusing to leave, and four welfare checks / W&I 5150 evaluations or other miscellaneous type calls.

In 2022, there were 3,388 homeless related calls for service (CFS) citywide. The Bike Team and H.E.A.R.T. made a total of 4,108 contacts throughout the city, which included non-homeless specific contacts and repeated contacts with homeless specific individuals. Of those contacted, there were 1,029 arrested for various crimes (e.g., warrants, trespassing, drug related activity, assaults, and theft), 88 individuals arrested for felony offenses, and 941 arrested for misdemeanor offenses.

H.E.A.R.T sheltered 120 homeless people. Approximately 49 individuals sheltered were contacted at 517 W. Struck. The remaining 71 individuals were sheltered from areas throughout the city (e.g., Hart Park, El Camino Park, the Train Depot, and the Creek Bed). This was a 40% increase of sheltered people and families from 2021, at which time only 86 people accepted shelter (see the chart on the next page for shelter locations).
67 2

Those homeless individuals willing to accept shelter are continually referred into the Placentia Navigation Center, the Buena Park Navigation Center, the Bridges at Kraemer Shelter, and the HomeAid Family Care Center. These locations have since rebounded from COVID restrictions and continue to be a reliable resource for the North Service Provider Area (SPA). Unfortunately, many of these individuals leave the shelters after a short time for a variety of reasons, including their failure to follow shelter regulations.

H.E.A.R.T. refers people to the Salvation Army Program and the Be Well Center in Orange for substance abuse-detox programs. H.E.A.R.T also works weekly with the Orange County Outreach Team, offering various services to those in need (e.g., shelter, detox, and medical). The Orange County Health Care Agency provides H.E.A.R.T. with a Mental Health P.E.R.T. Clinician that works every Monday and every other Thursday. The clinician serves as a valuable mental health resource for members of the city’s homeless community and non-homeless residents. The clinician also brings knowledge about the county’s mental health and homeless related programs. Last year, 87 mental health follow ups were conducted, 26 mental health evaluations were performed, and 14 subjects were placed on mental health holds. These subjects were lodged at local hospitals – UCI Medical Center, St. Joseph Hospital, CHOC, Chapman Global, and Be Well.

H.E.A.R.T. maintains relationships with private and government outreach groups, such as The Beacon of Orange, One Church in Orange, Micah’s Way, Mercy House, P.A.T.H., The Orange County Rescue Mission, Orange County Outreach Team, Orange County Health Care Agency, and the Volunteers of America, who specialize in assisting homeless veterans. H.E.A.R.T. assisted them with acquiring food, showers, clothing, hygiene kits, medical attention, government documents, detox programs, mental health services, and much more.

H.E.A.R.T. collaborates with The Beacon of Orange, which funds and maintains funds to be used for our homeless Re-Unification Program and other homeless related needs. This fund is called the HEART FUND and is comprised of cash donations from various churches and organizations associated with One Church in Orange. Through the Re-Unification Program, H.E.A.R.T. and Specialist Luz Ontiveros were able to reunify two individuals (out of state) with their families.

05101520253035404550PlacentiaNavigationCenterBuena ParkNavigationCenterBridges atKramerHomeAid46391916120 Individuals Sheltered at these Locations 68 3

One individual had been homeless in the city of Orange for approximately three years. In October, the individual came to the HUB and said he had family in Colorado who was willing accept him.

Specialist Ontiveros gathered all the pertinent information, and he was transported to the airport where he boarded a flight home to Colorado. The second subject was from Arizona and flew to California to handle his friend’s death. In his travels, the airlines lost his luggage, which contained his heart medications, money, and credit cards. The male subsequently accepted assistance through the Re- Unification Program and was flown back to Arizona where he was re-unified with family.

H.E.A.R.T. continues to maintain a working relationship with the California Highway Patrol (C.H.P.) and Caltrans for state related properties in and around the city. C.H.P. has supplemented our teams and helped us with outreach and law enforcement along the freeway ramps, freeway underpasses, and non-state related properties throughout the city. The Bike Team, H.E.A.R.T., and C.H.P. continue to enforce trespassing laws along the Santiago Creek between E. Chapman Ave. to the SR 22 freeway underpass. The Bike Team and H.E.A.R.T. made approximately 283 arrests for a variety of crimes, including trespassing in this area; see below chart for a breakdown of arrest locations.

Several outreach and cleanup efforts were conducted during the year. During one clean-up, H.E.A.R.T., C.H.P., Caltrans, Santa Ana Police Department’s Quality of Life Team, CityNet, and OC Outreach worked together in Hart Park and continued west along the Santiago Creek to I-5 Freeway.

Caltrans cleaned up the trash along the state-controlled creek bed area and under the freeway overpasses, and they removed graffiti from multiple areas. There were approximately 10 arrests made for drugs, drug paraphernalia, and warrants. Only one individual accepted shelter services.

During another clean-up, H.E.A.R.T., the Bike Team, and Caltrans worked along the area of SR-22 and Santiago Creek. Throughout the event, Caltrans removed abandoned encampments and trash left behind. Approximately 15 repeat offenders/individuals were contacted, and seven of those were arrested. Of those individuals located along the Santiago Creek areas, most were repeat offenders who trespass, abuse illicit narcotics, illegally lodge, vandalize, and commit thefts throughout the city.

H.E.A.R.T. continues to patrol the railroad rights-of-way to prevent encampments from forming.

There is continued collaboration with Metrolink, Union Pacific, and B.N.S.F. to address encampment issues early. As a result, approximately 20 encampments that were situated along the different railways in the city (i.e., N. Batavia St./railroad tracks and W. Taft Ave./ railroad tracks) were removed, along with approximately 100 encampments throughout the city. 050100150200SantiagoCreek & 22FreewaySantiagoCreek & 55FreewaySantiagoCreek & E.ChapmanAve.SantiagoCreek & S.CambridgeSt.SantiagoCreek & 5FreewaySantiagoCreek & S.Tustin St.172402825153Number of Arrests Along the Santiago Creek2022 69 4

H.E.A.R.T. collaborates with other Orange County agencies’ Homeless Liaison Officers (HLO) from Anaheim, Tustin, Santa Ana, Garden Grove, Buena Park, Brea, Placentia, Fullerton, Newport Beach, Huntington Beach, Laguna Beach, Irvine, and Orange County Sheriffs Department. H.E.A.R.T. hosted a county HLO meeting at the Orange Main Library where over 100 HLO’s from surrounding cities attended and networked to discuss strategies to reduce homelessness.

The Bike Team and H.E.A.R.T. work closely with the City Attorney’s Office, Community Services, Code Enforcement, and the Public Works Department. Illegal encampments are posted for removal and clean-ups are conducted. Additionally, the City continues to contract with West Coast Arborists for yearly brush and non-native plant removal along the Santiago Creek. This effectively eliminates the ability for repeat offenders to conceal themselves and their encampments.

H.E.A.R.T. conducted outreach and enforcement of homeless people living in recreational vehicles in the areas of Hart Park, El Camino Park, Shaffer Park, and industrial areas along West Orangewood Ave. and North American Way. H.E.A.R.T. received citizen complaints reference these vehicles parked and gathering in the parking lots, and feces and urine being dumped along the pavement and grass areas. A plan was developed and implemented, which included offering outreach services, education of City ordinances, and following up with enforcement activity. H.E.A.R.T. used various enforcement methods to gain compliance through citations and Orange Municipal Code (O.M.C.) abandoned vehicle notices. The Bike Team and H.E.A.R.T. continually worked with Code Enforcement to address code-compliance violations. There has been an observed improvement in the area, where problem-vacant properties have been since demolished.

Unfortunately, several legal cases, state actions, and voter approved propositions continue to affect how law enforcement agencies address homelessness and enforce crimes frequently committed by homeless individuals. The Safe Neighborhoods and School Acts (i.e., Proposition 47) significantly impacted the criminal justice system and the way people arrested for crimes related to drugs and theft are held accountable. Prior to Prop 47, offenders were booked into Orange County Jail. However, now they remain out in the community, where they have a likelihood to reoffend.

In 2019, Martin vs. City of Boise was upheld by the 9th US Circuit Court of Appeals. This court decision significantly hindered police departments’ ability to take enforcement action with people camping on public property. This limits the police department’s ability to arrest or remove someone from simply sitting, laying or sleeping on a sidewalk or other public places such as bus benches.

The settlement agreement in the case Orange County Catholic Worker v. City of Orange et al. was filed against the City of Orange, as well as other cities, and the County of Orange. Several plaintiffs alleged their civil rights were violated when these public entities enforced trespassing, loitering and/or anti-camping ordinances against them at a time when, according to the Plaintiff, there were no immediately accessible and appropriate beds available to them in Orange County. As a result, officers must give a warning and an opportunity to leave the public location before taking enforcement action.

If the person does not leave after receiving a warning, the City may issue a citation to the individual.

As a result of this case, H.E.A.R.T. and the Bike Team collaborated with the City Attorney’s Office to address homeless people living on public sidewalks and in City parks. There was an agreement to engage in a process of documenting warnings for violations of the O.M.C. and offering resources.

After multiple warnings, an O.M.C. citation could be issued for camping in a public space. After the citations, custodial arrests could be made, and personal property collected. This partnership resulted in the abatement of encampments on W. Sycamore Ave. (west of Main Street), in Hart Park, W.

Chapman & Main, and in Olive Park.
70 5

There was further collaboration with the Public Works Traffic Division to implement red curb-timed parking in problem areas near El Camino Park to mitigate overnight parking and camping.

While it is not illegal to be homeless, this population is not exempt from the law. Many of these individuals choose to live outdoors, decline assistance, and violate laws. The Orange Police Department partners with state and county government agencies, non-profit organizations, faith-based organizations, shelters, and outreach programs to provide assistance, resources, and solutions to those who are willing to accept them.

71 Agenda Item
City Council
Item #: 9.1. 3/28/2023 File #: 23-0196
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 03-23, repealing Chapter 5.54 of the Orange Municipal Code related to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors, and adoption of Resolution No. 11443 setting fines and fees.

2. SUMMARY
Ordinance No. 03-23 will officially establish the City’sSidewalk Vending Program as allowed by state law and includes provisions for a permitting process, operating requirements, violations, and penalties, recission of permits, and an appeals process. Resolution No. 11443 will set the fines and fees relating to the Sidewalk Vending Program.

3. RECOMMENDED ACTION

2. Adopt Resolution No. 11443. A Resolution of the City of Orange setting the amount of fines and fees relating to sidewalk vendors and sidewalk vending permits.

4. FISCAL IMPACT
There will be a fiscal impact however, it is undetermined at this time.

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

6. DISCUSSION AND BACKGROUND
Senate Bill 946 (SB 946), the Safe Sidewalk Vending Act, was signed into law effective January 1, 2019. SB 946 allows sidewalk vending to occur on public property and precludes cities from regulating such vendors except under the strict provisions of the bill. The City of Orange currently has no sidewalk vending program compliant with SB 946. In the interest of regulating this activity to the extent allowed by SB 946, while still facilitating entrepreneurship, providing economic opportunities for people, and contributing to a diversity of food options and dynamic public spaces, the City desires to initiate a Sidewalk Vending Program.

SB 946 establishes requirements for local regulation of sidewalk vending. Per SB 946, the City’s proposed Sidewalk Vending Program must comply with the following standards. Specifically, the City of Orange Printed on 3/22/2023Page 1 of 3
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72 Item #: 9.1. 3/28/2023 File #: 23-0196
proposed Sidewalk Vending Program must comply with the following standards. Specifically, the program adopted by the City cannot:

1. Require a sidewalk vendor to operate within specific parts of the public right-of-way, except when the restriction is directly related to objective health, safety, or welfare concerns;

2. Prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the City, except the City may prohibit stationary sidewalk vendors from vending in a park if there is an existing agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. The City may adopt additional requirements regarding the time, place, and manner of sidewalk vending in parks if the requirements are necessary to ensure the public’suse and enjoyment of natural resources and recreational opportunities or necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park;

3. Require a sidewalk vendor to obtain the consent or approval of any non-government entity or individual, such as a nearby business, before the vendor can sell food or merchandise;

4. Restrict sidewalk vendors to designated neighborhoods or areas, except when the restriction is directly related to objective health, safety, or welfare concerns; however, the City may prohibit stationary sidewalk vendors in areas zoned exclusively residential where no commercial activity is permitted, but the City cannot prohibit roaming sidewalk vendors in such areas; and

5. Restrict the overall number of sidewalk vendors permitted to operate in the City, unless the restriction is directly related to objective health, safety, or welfare concerns.

On the other hand, SB 946 allows the City to impose time, place, and manner restrictions on sidewalk vending provided said restrictions are directly related to objective health, safety, or welfare concerns, such as:
- Limitation on hours of operation that are not unduly restrictive; - Requirements to maintain sanitary conditions (i.e., proper sanitation, food preparation and food handling to prevent food contamination, poor hygienic practices, and threat of food poisoning);
- Regulations to ensure the collection and disposal of trash and other debris to avoid any remnant pollutants on sidewalks or in gutters at the conclusion of sidewalk vending activities; - Requirements necessary to maintain safe paths of travel for pedestrians and to ensure compliance with the Americans with Disabilities Act and other disability access standards; - Requirements to obtain a permit and a valid business license, possess a seller’spermit from the California Department of Tax and Fee Administration, or obtain additional licenses from other state and local agencies to the extent required by law; - Requirements that sidewalk vendor submit information on their operations; - Requirements to ensure no interference with the performance of police, fire, and emergency medical personnel services; and
- Additional time, place, and manner restrictions, provided said restrictions are directly related to objective health, safety, or welfare concerns, such as imposing a specific limit on the number City of Orange Printed on 3/22/2023Page 2 of 3
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73 Item #: 9.1. 3/28/2023 File #: 23-0196
objective health, safety, or welfare concerns, such as imposing a specific limit on the number of vendors per block or a required distance between vendors.

The City may also prohibit sidewalk vending within the immediate vicinity of a permitted farmer’s market or swap meet during their operating hours, such as the weekly Orange Home Grown event.

The City may also restrict or prohibit sidewalk vending within the immediate vicinity of an area designated for a temporary special permit issued by the City, such as permit for filming, a parade, an outdoor concert, or the Street Fair. Finally, the City may require a Sidewalk Vending Permit as part of its Sidewalk Vending Program.

Under SB 946, the City may not impose criminal penalties, such as misdemeanors or infractions, for violations of the Sidewalk Vending Program. Sidewalk vending violations are only punishable as administrative fines. A violation of the City’svending program by a person with a permit is punishable only by the following administrative fines: $100 for a first violation, $200 for a second violation, and $500 for each additional violation within one year of the first violation. A violation by any person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued by the City is punishable only by the following administrative fines: $250 for a first violation, $500 for a second violation, and $1,000 for each additional violation within one year of the first violation.

If the City seeks to impose administrative fines, SB 946 allows the violator to appeal the fine and requires that the hearing officer take into account the cited vendor’sability to pay the fine. If a vendor meets the financial criteria, the City must accept 20% of the fine in full satisfaction and can allow the vendor to complete community service in lieu of paying a fine.

SB 946 also applies to all pending criminal prosecutions specifying that those that have not reached final judgment must be dismissed. Additionally, any person who is serving or completed a sentence or who is subject to a fine or misdemeanor or infraction conviction for sidewalk vending may petition for dismissal of the sentence, fine, or conviction. Unless a party opposing the petition for dismissal (e.g., a city) proves by clear and convincing evidence that the person seeking the petition is not eligible for dismissal, the court must grant the petition and dismiss and seal the conviction because the sentence, fine, and conviction are legally invalid. The City is in the process of dismissing any pending prosecutions for violations under the prior code sections.

7. ATTACHMENTS
· Ordinance No. 03-23
· Resolution No. 11433
· Sidewalk Vending Permit and Enforcement Process Flowchart · Sidewalk Vending Ordinance PowerPoint
City of Orange Printed on 3/22/2023Page 3 of 3
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74 Agenda Item
City Council
Item #: 9.1. 3/28/2023 File #: 23-0196
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Jeff Adams, Interim Community Development Director

3. RECOMMENDED ACTION

2. Adopt Resolution No. 11443. A Resolution of the City of Orange setting the amount of fines and fees relating to sidewalk vendors and sidewalk vending permits.

4. FISCAL IMPACT
There will be a fiscal impact however, it is undetermined at this time.

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

SB 946 establishes requirements for local regulation of sidewalk vending. Per SB 946, the City’s proposed Sidewalk Vending Program must comply with the following standards. Specifically, the City of Orange Printed on 3/22/2023Page 1 of 3
powered by Legistar™
75 Item #: 9.1. 3/28/2023 File #: 23-0196
proposed Sidewalk Vending Program must comply with the following standards. Specifically, the program adopted by the City cannot:

1. Require a sidewalk vendor to operate within specific parts of the public right-of-way, except when the restriction is directly related to objective health, safety, or welfare concerns;

3. Require a sidewalk vendor to obtain the consent or approval of any non-government entity or individual, such as a nearby business, before the vendor can sell food or merchandise;

5. Restrict the overall number of sidewalk vendors permitted to operate in the City, unless the restriction is directly related to objective health, safety, or welfare concerns.

On the other hand, SB 946 allows the City to impose time, place, and manner restrictions on sidewalk vending provided said restrictions are directly related to objective health, safety, or welfare concerns, such as:
- Limitation on hours of operation that are not unduly restrictive; - Requirements to maintain sanitary conditions (i.e., proper sanitation, food preparation and food handling to prevent food contamination, poor hygienic practices, and threat of food poisoning);
- Regulations to ensure the collection and disposal of trash and other debris to avoid any remnant pollutants on sidewalks or in gutters at the conclusion of sidewalk vending activities; - Requirements necessary to maintain safe paths of travel for pedestrians and to ensure compliance with the Americans with Disabilities Act and other disability access standards; - Requirements to obtain a permit and a valid business license, possess a seller’spermit from the California Department of Tax and Fee Administration, or obtain additional licenses from other state and local agencies to the extent required by law; - Requirements that sidewalk vendor submit information on their operations; - Requirements to ensure no interference with the performance of police, fire, and emergency medical personnel services; and
- Additional time, place, and manner restrictions, provided said restrictions are directly related to objective health, safety, or welfare concerns, such as imposing a specific limit on the number City of Orange Printed on 3/22/2023Page 2 of 3
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76 Item #: 9.1. 3/28/2023 File #: 23-0196
objective health, safety, or welfare concerns, such as imposing a specific limit on the number of vendors per block or a required distance between vendors.

The City may also prohibit sidewalk vending within the immediate vicinity of a permitted farmer’s market or swap meet during their operating hours, such as the weekly Orange Home Grown event.

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE REPEALING CHAPTER

5.54 OF THE ORANGE MUNICIPAL CODE

RELATING TO HAWKING OF GOODS AND
ADOPTING NEW CHAPTER 5.54 RELATING TO
REGULATION OF SIDEWALK VENDORS.

WHEREAS, Senate Bill 946 , the California Safe Sidewalk Vending Act ( “SB 946”) , became effective on January 1, 2019; and

WHEREAS, SB 946 establishes requirements for local regulation of sidewalk vendors; and

WHEREAS, the City seeks to implement sidewalk vending regulations to provide a licensing and permitting process and impose operational requirements for sidewalk vendors in the City to comply with SB 946 and protect the health, safety and welfare of the community; and

WHEREAS, the City finds that the regulations set forth herein are directly related to objective health, safety, and welfare concerns, including but not limited to the health, safety and welfare of vendors, their prospective customers, pedestrians, those protected by the Americans with Disabilities Act, those operating motor vehicles at intersections and in rights-of-way adjacent to sidewalks, and the public at large.

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

SECTION I:

The Ordinance is not a “project” subject to the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 because it involves an organizational and administrative activity of the City of Orange that will not result in direct or indirect physical changes in the environment.

SECTION II:

Chapter 5.54 of the Orange Municipal Code (Business Taxes and Regul ations – Business Permits and Regulations - Hawking of Goods) is hereby repealed in its entirety.

SECTION III:

New Chapter 5.54 of the Orange Municipal Code (Business Taxes and Regulations – Business Permits and Regulations - Regulation of Sidewalk Vendors) is hereby added to read as follows:
78 2
CHAPTER 5.54

REGULATION OF SIDEWALK VENDORS

5.54.010 Purpose.

5.54.020 Definitions.

5.54.030 Permit required.

5.54.040 Permit application.

5.54.050 Investigation and action upon permit application.

5.54.060 Denial of Sidewalk Vending Permit.

5.54.070 Term of permit and renewal.

5.54.080 Permit non-transferable.

5.54.090 Conditions and restrictions imposed on permit; health and safety justification.

5.54.100 General sidewalk vendor operating requirements.

5.54.110 Stationary sidewalk vendor operating requirements.

5.54.120 Operating requirements for sidewalk vendors within a park.

5.54.130 Prohibited activities.

5.54.140 Violations and penalties.

5.54.150 Ability to pay determination and appeals.

5.54.010 Purpose.

A. The purpose of this Chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Chapter generally allow portable food stands and certain forms of solicitation while imposing regulation of unpermitted sidewalk vending activities and related enforcement to protect the health, safety, and welfare of the public.

B. The City Council finds that to promote the public health, safety and welfare, regulating sidewalk vending is necessary to ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, place of business, park, areas located within the immediate vicinity of a permitted certified farmers' market and a permitted swap meet, an area designated by a temporary special permit issued by the City, street to the sidewalk, and by persons exiting or entering parked or standing vehicles.

C. Prohibiting sidewalk vending in streets and medians is necessary to protect the health and safety of vendors and their patrons, because they are at risk of being struck by vehicles and/or causing vehicular accidents if vending occurs in streets or medians.

D. Limiting sidewalk vending hours of operation within residential neighborhoods to specific daylight hours consistent with a residential atmosphere is necessary to protect the safety of vendors and residents who would be more vulnerable to criminal activit ies during evening hours, and to promote the welfare of the residents by prohibiting commercial activities and associated noise and traffic during hours when residents should be able to enjoy peace and quiet. 79 3
E. These regulations ensure continuous access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services.

F. These regulations ensure such activities occur only in locations where they will not restrict sidewalk and pathway access and enjoyment by individuals with disabilities pursuant to the American with Disabilities Act of 1990 and other disability access standards.

G. These regulations reduce exposure to the City for personal injury or property damage claims and litigation.

5.54.020 Definitions.

As used in this Chapter, the following terms and phrases shall have the meaning ascribed to them in this Chapter, unless the context in which they are used clearly requires otherwise. If a term or phrase is not defined in this Chapter, or elsewhere in this Code, the most c ommon dictionary definition is presumed to be correct.

“Above-ground structure ” means any structure affixed to a sidewalk, including but not limited to, a streetlight, tree well, parking meter, utility structure, utility box, bike rack, scooter corral, mailbox, trash can, elevator, kiosk, newspaper rack, picnic shelter, bench, table, wall, sign pole, traffic signal pole, signal pushbutton pole, and stairs.

“Alcohol” and “alcoholic beverage” shall have the same meaning as defined in Section

9.39.040 of this Code, or any successor section.

“Applicant” means any person who has applied for a Sidewalk Vending Permit to be a sidewalk vendor in the City.

“Cannabis” means the substances defined in Section 5.89.010 of th is Code, or any successor section.

“City” shall mean the City of Orange.

“Certified farmers' market ” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter, or any successor Chapter.

“Concessionaire” means the holder of an exclusive agreement with the City for the sale of food or merchandise in a City-owned park.

“Conveyance” means any non-motorized wheeled device used to carry persons or property and includes pushcarts, pedal-driven carts, and wagons.

“Curb face” means the vertical or sloping surface on the roadway side of the curb.

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“Civic Center” means the buildings, facilities, and parking lots or areas including City Hall location at 300 East Chapman Avenue, Orange, California, or at such other place as may be designated by the Council, fixed as the meeting place for all official meetings of the Council.

“Director” shall mean the Director of Community Development, or designated representative.

“Emergency vehicle access” means the roadway, path, or other surface that provides police or fire vehicular access from the dispatched point of origin to a facility, building, parcel, park or portion thereof. Emergency vehicle access includes, but is not limited to, fire lanes, public and private streets, parking lot lanes, access roadways, trails, and walkways.

“Food” shall mean any type of human edible substance, including any food product or beverage as provided in Health and Safety Code Section 113781, or any successor section.

“Fire station” means any facility where fire engines and other equipment of the Orange Fire Department are housed.

“Goods” means items, personal property, merchandise, or any other similar item that is generally sold, including food and beverages.

“Hardscape” means paving material, including tiles, mortared pavers, decomposed granite, colored or patterned concrete with a tile, brick, or stone appearance, or a paving material with enhanced concrete that has an exposed aggregate, colored, or salt finish.

“Hearing officer” means an impartial individual designated to determine appeals pursuant to and in accordance with Section 2.04.260 of this Code.

“Heating element” means any device used to create heat.

“Major transit stop” means the portion of a site designa ted as the passenger loading area that contains any of the following: an existing rail transit station, a bus or rail transit service, or the intersection of two or more major bus routes with a service interval of 15 minutes or less during the morning and afternoon peak commute periods.

“Merchandise” means any goods or item(s) that can be sold and immediately obtained from a sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise. Merchandise does not include services.

“Park” means any area dedicated or established as a public park owned or operated by the City, including, without limitation, active and passive parks.

“Pathway” or “pedestrian pathway” means a paved or improved path, or walkway used primarily for pedestrian travel, other than a sidewalk. Pathway or pedestrian pathway does not mean the grassy areas of parks.

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“Permitted event” means any event that has a special event permit, park use permit, or lake use permit, including but not limited to farmers’ markets, street fairs, races, and private events.

“Person” means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, ag ent, servant, officer, or employee of any of them), whether engaged in business, nonprofit or any other activity.

“Police station ” means any facility where police vehicles and other equipment of the Orange Police Department are housed.

“Portable cooking equipment” means any gas -fueled appliance used to heat, cook, or prepare food or beverages on a conveyance by a sidewalk vendor.

“Public property” means all property owned or controlled by the City, including, but not limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and trails.

“Public right-of-way” means a public easement for streets, alleys, or other uses, other than a sidewalk.

“Residential” means any area zoned exclusively as residential in the Zoning Code, including without limitation R1-5, R1-6, R1-7, R1-8, R1-10, R1-12, R1-15, R1-20, R1-40, R1-R, R2-6, R2-7, R2-8, R-3, R-4, MH and any Historic District Zone.

“Roaming sidewalk vendor” means a sidewalk vendor who moves from place-to-place and stops only to complete a transaction.

“School” means an institution of learning that offers instruction in those courses of study required by the Education Code or that is maintained pursuant to standards set by the State Board of Education. This definition does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.

“Services” means activities involving the performance of work for others or the provision of intangible items that cannot be returned once they are provided. Examples include , but are not limited to, hair braiding, face painting, massage, yoga, fortune telling, tattooing, and dog training.

“Sidewalk” means a public paved or hardscape sidewalk, parkway, pedestrian path, walkway or other public right -of-way specifically designed for the exclusive use o f pedestrian travel. A sidewalk shall not include streets, alleys, medians, plazas, or City-owned parking lots or structures.

“Sidewalk vending permit” or “permit” means a permit established by this Chapter that has been issued to any applicant engaging in sidewalk vending activities in the City.

“Sidewalk vendor ” means a person(s) who sells food or merchandise from a sidewalk vending cart or from one's person, upon a public sidewal k. It includes both roaming sidewalk vendors and stationary sidewalk vendors.
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“Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, installation, placement, or maintenance of any sidewalk vending cart.

“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

“Street or highway” means a public or private vehicular right-of-way other than an alley or private drive.

“Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter.

“Temporary special permit” means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public property, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, farmers ’ market, swap meets, filming, fireworks show, parades, athletic events, public assembles, carnivals, fairs, walks, runs and marathons, festivals, shows, seasonal or holiday events and outdoor concerts or performances.

“Trail” means a paved pathway (which may consist of decomposed granite) designed to be used primarily by bicyclists, horses and other modes of transportation including Class 1 (off street) trails and riding and hiking trails as denoted in the General Plan other than primarily for pedestrian travel.

“Vend” or “vending” means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise. Vend and vending does not include the offering of services.

“Vendor” or “vending cart” means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance used for vending that is not a vehicle as defined in the Vehicle Code.

5.54.030 Permit required.

A. No person, for either themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a business license from the City’s Finance Department , and a Sidewalk Vending Permit from the City’s Community Development Department in accordance with this Chapter.

B. A Sidewalk Vending Permit is not required for a certified farmers' market, swap meet, or any activity or event authorized by a temporary special permit.

5.54.040 Permit application.

A. Every person, prior to engaging in, conducting, or carrying on the business of sidewalk vending shall file an application with the Community Development Department on a 83 7
City-approved form. Such application shall be accompanied by a non -refundable applicati on permit fee in an amount established by resolution of the City Council, and shall contain, at a minimum, the following information:

1. The legal name, date of birth, current mailing address and telephone number of the applicant who will be solely respo nsible for the Sidewalk Vending Permit regardless of whether that person is employed or engaged by another individual or a business or will use a vending cart owned by another individual or a business. The applicant must be eighteen (18) years of age or older.

2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name , current telephone, email, and business address of the principal.

3. A copy of the applicant’s government-issued photo identification, California driver license or identification number, social security card, individual taxpayer identification number, or municipal identification number , which shall not be available to the public and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order.

4. Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.

5. The legal name, date of birth, current mailing address and telephone number of all person(s) who will be employed by the applicant who will work as a stationary sidewalk vendor or a roaming sidewalk vendor.

6. A copy of any employee’s government -issued photo identification, California driver license or identification number, social security card, individual taxpayer identification number, or municipal identification number, which shall not be available to the public and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order.

7. Whether the applicant intends to vend food, merchandise or both.

8. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared onsite, and whether the vendor requires a heating element or portable cooking equipment to prepare the food.

9. If the vendor is selling merchandise, a description of the merchandise to be sold.

10. The hours of operation per day and the day (s) per week during which the applicant proposes to vend.

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11. A description of the general or specific location, address, map, or drawing of the area(s)/route in which the applicant proposes to vend either as a stationary sidewalk vendor or a roaming sidewalk vendor.

12. A description, and attached photograph(s) of any vending cart the applicant intends on using in conjunction with the sidewalk vending activity including the physical dimensions or measurements of the height, width, and depth of the vending cart.

13. If a stationary sid ewalk vendor, a maintenance plan that includes litter pickup and food waste disposal in the vicinity of the vending location.

14. If the applicant proposes vending food, a certification of completion of a food handler course and proof of all required appr ovals from the Orange County Health Care Agency Environmental Health Division including a copy of the applicant's current and valid Orange County Food Facility Health Permit.

15. A copy of a current and valid business license issued pursuan t to Chapter

5.06. 16. A copy of a current and valid California Department of Tax and Fee Administration seller's permit issued to the applicant , which shall be maintained during the pendency of the sidewalk vendor's permit.

17. Submittal of two (2) high resolution color passport photos of the applicant and its employee(s), if applicable, taken within sixty (60) days of the application filing. The photos shall be as follows:

a. 2 x 2 inches (51 x 51 mm);

b. Head must be between 1 -1 3/8 inches (25 - 35 mm) from the bottom of the chin to the top of the head and showing the shoulder;

c. Printed on matte or glossy quality paper;

d. Not digitally changed and not blurry, grainy or pixelated.

18. A list of any convictions of the applicant and its employee(s), if applicable, for a felony or misdemeanor involving moral turpitude for the five years preceding the date of the application.

19. The applicant shall maintain and provide p roof of comprehensive general liability insurance with minimum policy limits of one million dollars ($1,000,000) per occurrence, combined single limit coverage, and one million dollars ($1,000,000) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the applicant.

Such insurance shall name as additional insured the City of Orange, its officers and employees, 85 9
and shall further provide that the policy shall not terminate or be cancelled without thirty (30) days’ advance written notice to the City of Orange.

20. An acknowledgment that the applicant will comply with all other generally applicable local, state, and federal laws.

21. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to their knowledge and belief.

22. An agreement by the applicant to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidew alk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee or City.

23. An acknowledgement that the applicant's use of public property is at their own risk and that the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities.

24. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

B. The applicant and its employees, if applicable, shall also submit a complete set of the applicant’s and its employees ’ fingerprints to the Chief of the Orange Police Department or designee in a manner and form approved by the Chief of Police. The applicant and its employees shall pay for any fees for the fingerprints. Pursuant to Penal Code Sections 11105 and 13300, the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in this Chapter.

C. The applicant must immediately notify the City in writi ng of any changes to the information provided in the application or this Chapter after the issuance of a Sidewalk Vending Permit. A Sidewalk Vending Permit Change of Information Fee shall be assessed against any applicant who has been issued a Sidewalk Ven ding Permit and changes any information as provided in the application or this Chapter as established by resolution of the City Council.

D. Payment of an application permit fee and renewal permit fees. Each application for a Sidewalk Vending Permit either as a stationary sidewalk vendor or roaming sidewalk vendor shall be accompanied by an application permit fee or renewal permit fee as establ ished by resolution of the City Council. The application permit fee and renewal permit fees are only applicable to the applicant named in the application. The application permit fee and renewal permit fee are non-refundable or prorated.

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E. Payment of an employee application permit fee, if applicable. Each person who will be employed or engaged in sidewalk vending activity for an applicant of a Sidewalk Vending Permit shall be accompanied by an employee application permit fee for each person as established by resolution of the City Council. This fee shall be required for each person employed or engaged in sidewalk vending activities either as a stationary sidewalk vendor or a roaming sidewalk vendor.

Furthermore, this fee shall be renewed annu ally for each person employed or engaged by the applicant of a Sidewalk Vending Permit and the fee is non-refundable or prorated.

5.54.050 Investigation and action upon permit application.

A. Determination of Completeness. The Director shall, within thirty (30) calendar days, review the submission of any application for a Sidewalk Vending Permit to determine if the application contains all of the requisite information set forth in Section 5.54.040. Any application that is missing required information or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the Director. In such case, the Director shall issue a Notice of Incompleteness to the applicant specifying the information that is missing resulting in the incomplete application. Failure of the applicant to submit the missing information within thirty (30) calendar days of the Notice of Incompleteness shall be deemed an administrative withdrawal of the Sidewalk Vending Permit application by the applicant.

B. Investigation and Action. Upon receipt of a complete Sidewalk Vending Permit application (and requisite fees), the Director shall conduct a thorough investigation of the application and shall make a determination upon the application within sixty (60) days of the Director’s determination of completeness. The Director may request supplemental investigation, information, reports, and/or recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department of the City or other appropriate agency.

C Notwithstanding the provisions of this Code, the Director shall approve the issuance of a Sidewalk Vending Permit unless the Director determines that any of the following disqualifications exist:

1. The applicant has failed to submit any of the informa tion, documentation, or fees required pursuant to Section 5.54.040;

2. The applicant does not possess all federal, state, and/ or local permits, licenses, certificates, and/or approvals required to engage in the activity subject to the permit;

3. The applicant has made one or more materially false, misleading, fraudulent, misstatements or misrepresentations in the application or supplemental information;

4. The applicant's proposed vending activity, as described in the application, is inconsistent with the standards, conditions, prohibitions, and requirements set forth in this Chapter;

5. The applicant has failed to demonstrate an ability to conform to the standards, conditions, prohibitions, or requirements set forth in this Chapter; 87 11

6. The conduct of the sidewalk vendor will unduly interfere with traffic or pedestrian movement, tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare;

7. The conduct of the sidewalk vendor will unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

8. The conduct of such sidewalk vending activity will constitute a fire hazard, even after all proper safety precautions are taken;

9. The conduct of such sidewalk vending activity will require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

10. The applicant has had a Sidewalk Vending Permit revoked or denied within the previous year;

11. The applicant has not paid all previous administrative fine(s), completed all community service, or completed any other alternative disposition associated in any way with a previous violation of this Chapter;

12. The applicant including its employee(s), if applicable, has been convicted of any felony or misdemeanor offense involving moral turpitude within five (5) years of the date of the application, or is otherwise still o n probation or parole for a felony or misdemeanor involving moral turpitude;

13. The applicant including its employee(s) , if applicable, has been convicted of any felony offense involving the sale of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058 within five (5) years of the date of the application, or is otherwise on probation or parole for any offenses set forth in this Section;

14. The applicant has not maintained required insurance to protect the City from liability associated with the sidewalk vendors activities, including the naming of the City as an additional insured, as determined by the City's risk manager;

15. The applicant including its employee(s), if applicable, is required to register under the provisions of Penal Code section 290 (or an equivalent section in any other State); or,

16. The applicant has not satisfactorily provided all additional information requested by the Director to consider the applicant's application.

5.54.060 Denial of Sidewalk Vending Permit.

A. If a Sidewalk Vending Permit is denied pursuant to this Chapter, the applicant shall be notified in writing of the denial of the permit, along with the grounds for denial. The Notice 88 12
shall also advise the applicant of the ability to appeal the denial in the manner set forth in Section

5.54.150.C. Notice shall be mailed to the applicant at the address listed in the application.

B. Any applicant who has been denied a Sidewalk Vending Permit pursuant to this Chapter shall not be eligible to re -apply for a Si dewalk Vending Permit for a period of one year from the written denial.

5.54.070 Term of permit and renewal.

A. A Sidewalk Vending Permit issued pursuant to this Chapter shall automatically expire one (1) year from the date issued unless an earlier expiration date is noted on the permit.

B. Renewal of permit. Any applicant who has been issued a Sidewalk Vending Permit and seeks to continue sidewalk vending must renew before the Sidewalk Vending Permit has expired through the same application process described in Section 5.54.040. Unless timely renewed, any Sidewalk Vending Permit issued pursuant to this Chapter sha ll expire and become null and void at the end of its term.

C. Renewal of permit after revocation. Any applicant whose Sidewalk Vending Permit is revoked may not renew their permit for one (1) year from the date it is revoked.

5.54.080 Permit non-transferable.

A Sidewalk Vending Permit issued pursuant to this Chapter shall not be transferable to any other entity or person. Any change in ownership , sidewalk operation or vending activity of an issued Sidewalk Vending Permit requires the filing of a new permit application under this Chapter.

5.54.090 Conditions and restrictions imposed on permit; health and safety justification.

A. Sidewalk vendors shall adhere to all operating conditions and requirements set forth in this Chapter, and all restrictions, limitations, and operating requirements set forth in this Chapter shall constitute conditions upon any Sidewalk Vending Permit issued pursuant to this Chapter.

B. The conditions, restrictions and operating requirements set forth in this Chapter are intended to protect the health and safety of vendors, their patrons, and the general public for reasons including, but not limited to:

1. Reducing exposure to pedestrian versus vehicle contact;

2. Ensuring better visibility of drivers entering or exiting driveways;

3. Protecting access to public right s-of-way by disabled persons to comply with the Americans with Disabilities Act;

4. Ensuring safe pedestrian pathways in areas commonly utilized by pedestrians;
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5. Preventing the appearance of “marketplace” vending which is more likely to generate crowding on public sidewalks that would impede pedestrians and disabled use of sidewalks;

6. Reducing the chance pedestrians will enter vehicular rights-of-way or block the entrance or exit of a business;

7. Reducing the danger that school children will enter into traffic and be injured or killed trying to reach a vendor;

8. Reducing unnecessary or unanticipated slowing of vehicles approaching onramps, immediately adjacent to curb and sidewalk, or exiting freeway off-ramps where drivers are merging into oncoming traffic, all of which are likely to cause accidents;

9. Reducing the possibility that drivers will be distracted in their line of site by a vendor in the way of oncoming traffic;

10. Causing visual distraction to the driving public;

11. Cause excessive noise that disturbs the peace;

12. Eliminating litter, refuse and food waste from the public right of ways; and

13. Reducing the likelihood of contamination deposited into the City’s storm drain system.

5.54.100 General sidewalk vendor operating requirements.

The following operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit:

A. Sidewalk vendors shall operate in compliance with all applicable federal, state, county, and City laws, ordinances, and regulations.

B. Stationary sidewalk vendors shall only conduct vending operations at the location approved by the Director and shall display a City-issued Sidewalk Vending Permit and Business License on the street -side portion of the City -approved vending cart. The applicant who been issued a Sid ewalk Vending Permit shall always be at the approved location while conducting vending activities except as permitted by law for reasonable time away due to rest, restroom, and meal breaks. The applicant and any employee(s) shall also display a photo identification issued by the City upon their person in a conspicuous manner at all times while conducting vending activities.

C. Roaming sidewalk vendors shall only conduct vending operations along the areas or route approved by the Director and shall display a City -issued Sidewalk Vending Permit and 90 14
Business License on the City -approved vending cart; or, if no vending cart is utilized, a roaming sidewalk vendor shall keep the City-issued Sidewalk Vending Permit and Business License upon their person in a conspicuous manner at all times while conducting vending activities. The applicant who been issued a Sidewalk Vending Permit shall always be at the approved areas or route while conducting vending activities except as permitted by law for reasonable time away due to rest, restroom, and meal breaks. Any employee(s) shall also display a photo identification issued by the City upon their person in a conspicuous manner at all times while conducting vending activities:

1. Roaming sidewalk vendors shall move continuously except when necessary to complete a sale. Notwithstanding the foregoing, the roaming sidewalk vendors shall immediately move to provide access to the sidewalk to avoid impeding the flow of pedestrian or other traffic.

2. Roaming sidewalk vending within any residential areas of the City is prohibited daily between the hours of 7:00 p.m. and 7:00 a.m. of the subsequent day.

D. Sidewalk vendors shall comply with all applicable laws relating to the employment of minors. Any minor assisting with or engaged in vending shall be accompanied by a sidewalk vendor with a valid vending permit. Any and all actions of the minor related to vending, including any violations committed by the minor, are attributable to the sidewalk vendor.

E. No stationary sidewalk vendor shall vend, and no roaming sidewalk vendor shall stop to make sales within the number of feet designated below from the nearest portion of the following locations:

1. Within twenty-five feet (25′) of any street intersection;

2. Within twenty-five feet (25′) of any traffic control device (including traffic signals and traffic signs);

3. Within twenty-five feet (25′) of a fire hydrant or connection, fire lane, fire call box, or other emergency facility;

4. On any designated emergency vehicle accessway;

5. Within three feet (3′) of the edge of any curb including areas of the curb to provide for unobstructed access for loading and unloading, parking space, access ramp designed for individuals with disabilities, public utility providers, deliveries, police , fire or other essential service activities;

6. Within fifty feet (50′) of any driveway or driveway apron;

7. Within twenty-five feet (25′) of a marked crosswalk;

8. Within twenty-five feet (25′) of a curb return of an unmarked crosswalk or curb ramp;

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9. Within twenty-five feet (25′) of any loading and unloading zone, pa rking space, or access ramp or parking space designed for individuals with disabilities;

10. Within twenty-five feet (25′) of a bus stop, taxi stand, bus bench, or bus shelter;

11. Within twenty-five feet (25′) of any entrance, fire escape or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein;

12. Sidewalk vendors shall not engage in sidewalk vending activities within fifty feet (50′) of another sidewalk vendor;

13. Within five hundred feet (500′) of any permitted certified farmers’ market, permitted swap meet, or an area designated for use pursuant to a temporary special permit, during the operating hours or duration of the certified farmers’ market, swap meet, or temporary special permit;

14. Upon any sidewalk that is within five hundred feet (500′) of the nearest property line of any property on which a school, a place of worship, or a child day-care facility is located;

15. Upon any sidewalk that is within five hundred feet (500′) of the nearest property line of any property on which a private and post -secondary education, college or university building or campus is located;

16. Within or on any median strip or dividing section of any street;

17. Within twenty-five feet (25′) of any parking lot or parking structure;

18. Within any landscaped area or on an unpaved surface;

19. Within fifty feet (50′) of any railroad crossing or train tracks;

20. Within five hundred feet (500′) of any major transit stop;

21. Within twenty-five feet (25′) of any active encroachment permit issued and displayed during the time and dates listed in the permit;

22. Within twenty-five feet (25′) of any automated teller machine, bank ATM, or parking pay station;

23. Within twenty-five feet (25′) of any outdoor dining or patio area of a business;

24. Within five hundred feet (500′) from freeway onramps and offramps; 92 16

25. Within five hundred feet (500′) of a backup City Emergency Operations Center, identified in the City's Emergency Operations Plan, during the operational period;

26. Within any public property that does not meet the definition of a sidewalk or pathway including, without limitation, any alley, median, t rail, street, roadway, parking lot, or parking structure;

27. Within any private property without having first obtained current and valid permits and licenses from the City for such activity and received express written consent of the property owner or lessee of the property;

28. Within five hundred feet (500′) of any Civic Center, Police and Fire station or facility, public utility facility, United States Postal Service office or facility, or other governmental building or facility.

F. Sidewalk vendors shall not vend in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and must maintain a minimum of forty-eight inches (48″) of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

G. Sidewalk vendors shall not block any entrances to buildings, driveways, parking spaces, or windows.

H. Sidewalk vendors shall not vend to customers in vehicles unless said vehicles are lawfully parked and shall not cause vehicles to stop in traffic lanes or persons to stand in traffic lanes.

I. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending station and shall not empty their trash into public trashcans. The size of the vendor's trash container shall be considered when assessing the total size limit of a stationary sidewalk vending. Sidewalk vendors shall not leave any location without first picking up, removing, disposing of all trash or refuse from their operation, and returning the site to the condition present at the time the sidewalk vendor arrived.

J. Sidewalk vendors shall maintain the area immediately surrounding the vending area in a neat, clean, orderly, and sanitary condition. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and lawfully dispose of all byproducts (including fats, oils, and grease) and litter generated by the vending operation (whether by the vendor or customer) within twenty-five feet (25′) of the vending location. Sidewalk vendors shall not cause, permit, or suffer any litter, food, or other discarded or abandoned object to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City.

K. Vending carts shall not be left unattended on the public right-of-way at any time. 93 17

L. Sidewalk vendors engaged in the ve nding of food or beverages shall have hand sanitizer located in a conspicuous location readily available for use by customers.

M. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor station or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor station, the overall space taken up by the sidewalk vendor station shall not exceed the size requirements provided in this Chapter.

N. Roaming sidewalk vendors shall not use any portable cooking equipment, gas - fueled appliance, or any open flame unless approved and permitted by Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division.

O. Sidewalk vendors who vend any food, beverage, or liquid product must implement the following best management practices:

1. Possess spill kits that are comprised of paper towels, cloth towels, cat litter, or sand at all times while vending;

2. Remove all spill materials from the public right-of-way and sidewalks once the spilled material is absorbed off the ground;

3. Capture and prevent spills leaving the area and moving into the surrounding streets from entering the storm water conveyance system, including curbs, gutters, and storm drains;

4. Properly dispose of grease, either by hiring and utilizing an on -site grease collector or collection system, or at an acceptable facility; and

5. Ensure that any water or rinse residue used for vending activities (e.g., cooler water, ice, food preparation water) is not disposed in the curbs, gutters, streets, drains, or on any public property.

P. Sidewalk vendors shall ensure that all customer queuing, waiting areas, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property, and otherwise comply at all times with the location-related restrictions set forth in this Chapter relative to sidewalk vending activities.

Q. During an urgent or emergency public safety event or incident, including, but not limited to, a traffic accident, crime scene, medical emerg ency, gas leak, natural disaster, fire, on - site construction, sidewalk or road work or related work on a capital improvement project, the City may temporarily require the sidewalk vendors to relocate to another location or area if doing so is necessary to protect the public health, safety, or welfare.

R. Sidewalk vendors may only use an umbrella or temporary covering for shade or protection from sun or rain over the vending cart, and it shall not exceed 8 feet in height nor 5 feet 94 18
in diameter. Furthermore, the use of such an umbrella or temporary covering shall be fire rated as flame-resistant as approved by the Orange City Fire Department for any vending activities with an approved heating element or portable cooking equipment is in use.

S. Notwithstanding any specific requirements, conditions or prohibitions contained in this Chapter, sidewalk vending is prohibited at any location, public property or area where the operation of sidewalk vending activities creates a reasonable danger to the health, safety or general welfare of the public or property.

T. Sidewalk vendors shall present, upon request, a valid government-issued photo identification, California driver’s license or identification card , Sidewalk Vending Permit, business license, and other applicable license or permit, to any City official including a City code compliance officer, police officer, firefighter, fire prevention specialist or examiner, Orange County health inspector authorized to enforce this Chapter including to ensure t he safe operation and any heating elements or portable cooking equipment used to prepare food, as well as to any person to whom they are vending.

5.54.110 Stationary sidewalk vendor operating requirements.

In addition to the general operating requirements set forth in Section s 5.54.100, 5.54.120 and 5.54.130, stationary sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a stationary sidewalk vendor.

A. Vending activity is prohibited from operating or establishing in any residential zone of the City.

B. Any vending cart used in the vending activity shall be removed from the sidewalk each day at the close of business.

C. A separation of at least f ifty feet (50′) from any other stationary sidewalk vendor shall be maintained.

D. Stationary sidewalk vendors shall not cause, allow, or suffer the placement of tables, chairs, fences, shade structures, umbrellas, other furniture, rugs, towels, fabric of any kind upon the sidewalk in conjunction with the vending operation (whether for the display of goods or any other reason).

E. Stationary sidewalk vendors shall not cause, allow, o r suffer the erection or placement of any signs upon the sidewalk, unless approved pursuant to Chapter 17.36.

F. Stationary sidewalk vendors shall not attach or use any water lines, electrical lines, or gas lines located on public property or owned by the City, or belonging to any other entity or person, during the vending activity.

95 19
G. No vending cart may exceed an overall height of five feet (5′) , a total width five feet (5′) , and a total length of five feet (5′). It may not include attachments such as b alloons, streamers, ribbons, pinwheels, flags, and other visual marketing aids.

H. Vending activities shall only occur on sidewalks or pathways with a minimum width of eight feet (8′) or larger.

I. Vendors shall only use any portable cooking equipment or heating element as approved by the Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division. The following additional conditions apply:

1. The equipment shall be kept at least twenty feet (20′) from any permanent structure and at least thirty feet (30′) from any dry grass, grain, brush, or forested area;

2. The equipment shall not be unattended;

3. No vendor shall smoke or vape or allow any person to smoke or vape within twenty feet (20′);

4. The vendor shall regularly clean the portable cooking equipment to remove grease and food buildup;

5. The equipment shall only use propane, natural gas, or butane cylinder tanks;

6. The vendor shall use or store only propane, na tural gas, or butane tanks of 20 gallons or less, with a limit of two 20-gallon tanks on a conveyance;

7. Tanks shall be stored in an upright position during use and positioned in such a way as to prevent falling, tipping, and tampering;

8. Tanks shall be disconnected while the conveyance is in transit or not in use;

9. Only tanks with a shut-off valve and a pressure regulator, having hoses of a type approved for use by the manufacturer with the equipment are allowed;

10. All connections to the tank shall be tested for potential leaks before each use using soap and water; and

11. Any conveyance that stores a tank shall have two ventilation openings on opposite sides at the cylinder valve level and at least one ventilation opening at the floor level.

Each opening shall be a minimum of 10 square inches, screened with a minimum 16 mesh and shall vent to the exterior of the conveyance.

J. Stationary sidewalk vendors shall comply with the following fire extinguishe r requirements:

96 20

1. An easily accessible, properly charged and maintained 2A-10BC-rated five (5) pounder fire extinguisher shall be kept at the vending cart at all times and be familiar with its proper use. Stationary sidewalk vendors shall ensure the extinguisher has been serviced within the last year and has a valid California State Fire Marshal service tag attached;

2. Deep-fat fryers or woks with cooking oil capacity of six inches (6”) depth or greater using combustible cooking media, vegetable or anim al oils or fats, shall be provided with a Class K fire extinguisher;

3. The extinguisher shall be mounted securely to the vending cart or equipment; and

4. The extinguisher shall be located away from the cooking area but within reasonable reach to prevent the spread of fire.

5.54.120 Operating requirements for sidewalk vendors within a park.

In addition to the general operating requirements set forth in Section s 5.54.100, 5.54.110 and 5.54.130 , sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a sidewalk vendor within a park.

A. Stationary sidewalk vendors are prohibited from operating within any portion of a City park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.

B. Stationary sidewalk v endors operating within a City park shall comply with all operating requirements and prohibitions set forth in Sections 5.54.100, 5.54.110 and 5.54.130.

C. Roaming sidewalk vendors shall not vend within fifty feet (50′) of any portion of a park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.

D. Sidewalk vendors shall not vend in the following locations within a park:

1. Within fifty feet (50′) of any field, court, or pitch that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer pitch, volleyball court, pickleball court, horseshoe pits, lawn bowling and handball court), while said area is in use;

2. Within one hundred feet ( 100′) of any playground, recreational water features, or exercise area, while said area is in use;

3. Within fifty feet (50′) of any restroom facilities;

97 21

4. Within fifty feet (50′) of any community building or structure, indoor gym, dance rooms, meeting rooms, arts & craft rooms, banquet halls, lounge, shaded structures, patios, awnings, gazebos, BBQ stations, picnic pavilion, picnic tables, recreation rooms, dog park, and bandshells;

5. Within one hundred feet (100′) of any lake or water basin;

6. Within one hundred feet (100′) of any decorative water fountain and memorial structures.

7. Within fifty feet (50′) of any abutting residential parcel adjacent to a park.

E. Sidewalk vending within any park is prohibited daily between the hours of 7:00 p.m. and 7:00 a.m. of the subsequent day.

F. Notwithstanding Section 5.54.100.E.18, sidewalk vendors of merchandise may conduct sidewalk vending on unpaved portions of a park, so long as the vendor adheres to all other sidewalk vendor operating requirements and park regulations. Sidewalk vendors of food may not conduct sidewalk vending on unpaved portions of a park.

5.54.130 Prohibited activities.

The following activities are prohibited, which are directly related to objective of health, safety, and welfare concerns, including but not limited to health, safety and welfare of vendors, their prospective patrons, pedestrians, those protected by the Americans with Di sabilities Act, those operating motor vehicles at intersections and in right-of-way adjacent to sidewalks, and the public at large. Sidewalk vendors shall not:

A. Sell or offer to sell services, or engage in or offer to engage in any type of rental activity, including the rental of any goods or services;

B. Display merchandise or food that is not available for immediate sale;

C. Utilize outdoor wood burning ovens, charcoal barbecues;

D. Utilize gasoline or kerosene;

E. Utilize portable generators unless approved by the Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division;

F. Except as otherwise specified in this Chapter, c onduct sidewalk vending activities between the hours of 10:00 p.m. and 7:00 a.m. daily or consistent with the hours of operation of the businesses on the same street block;

G. Utilize a motorized sidewalk vending cart;

98 22
H. Touch the person(s) being offered to purchase food or merchandise without that person(s)' consent;

I. Use any luminaire, flashing lights or any other animated devices or signs. Sidewalk vendors shall only utilize the minimum amount of luminaires necessary for the safe operation of sidewalk vending activities as determined by the City;

J. Sell, use, or vend any of the following:

1. Live animal(s);

2. Adult-oriented material depicting, describing, or relating to specified anatomical areas or specified sexual activities;

3. Alcohol, cannabis, marijuana, or tobacco products that contain nicotine or any product used to smoke (or “vape”) nicotine or marijuana

4. Weapons, inclu ding knives, guns, or explosive devices; airsoft guns, paintball guns, BB devices or imitation firearms;

5. Pharmaceuticals;

6. Illegal or counterfeit merchandise; or

7. Any other merchandise or products prohibited by local, state and federal laws;

K. Use or operate, or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound. No sidewalk vendor shall employ horns, bells, whistles, or noise-making devices;

L. Allow a v ending cart or other accessory equipment to touch, lean against or be affixed or fastened at any time to any building, structure or above-ground structure including, but not limite d to poles, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans , waste receptacles , or traffic barriers located in the public right-of-way;

M. Set up a customer seating area such as, but not limited to, equipment, tables, chairs, tents, or canopies;

N. Entering private property to solicit at any dwelling, including but not limited to a house, apartment, duplex, condominium, gated community, or business without explicit permission of the property owner or their designee.

99 23

5.54.140 Violations and penalties.

A. By persons with a current and valid permit. A violation of this Chapter by a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City pursuant to this Chapter is punishable by an administrative citation pursuant to Chapter 1.10 of Title 1 of this Code, in the following amounts:

1. An administrative fine not exceeding $100 for a first violation;

2. An administrative fine not exceeding $200 for a second violation within one year of the first violation; and

3. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.

B. By persons without a curr ent and valid permit. Any person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued pursuant to this Chapter is punishable by an administrative citation pursuant to Chapter 1.10 of this Code, in the following amounts:

1. An administrative fine not exceeding $250 for a first violation;

2. An administrative fine not exceeding $500 for a second violation within one year of the first violation; and

3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

4. Upon proof of a valid p ermit issued by the City, pursuant to this Chapter, the administrative fines set forth in subsection B. shall be reduced to the administrative fines set forth in subsection A., or any successor sections.

C. The Director may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

D. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this part shall not be subject to arrest except when otherwise permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

E. Any administrative citation issued pursuant to this Chapter shall be accompanied with notice of and instruction regarding the citee’s right to request an ability-to-pay determination.

When assessing administrative citations pursuant to this Chapter, the administrative hearing officer 100
24 shall take into consideration the person’s ability to pay the fine. The person may request an ability- to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

F. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor sections, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter.

5.54.150 Ability to pay determination and appeals.

A. Ability to pay determination. Any person issued an administrative citation pursuant to this Chapter may request a determination on the person’s ability to pay the administrative fine.

The person may request an ability -to-pay determination at any time prior to payment of t he fine, including when a fine is delinquent or has been referred to a comprehensive collection program.

1. The Director or hearing officer shall reduce the fine to twenty percent (20%) of the total if the citee meets either of the following criteria:

a. The citee is receiving public benefits under Government Code Section 68632(a); or

b. The citee has a monthly income which is two hundred percent (200%) or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.

B. Appeal of administrative citation. Any person issued an administrative citation pursuant to this Chapter shall have the right to appeal the issuance of the administrative citation in accordance with and the time limits set forth in Chapter 1.10 of this Code.

1. Notwithstanding the provisions of Chapter 1.10 of this Code, upon the submission of proof of a valid permit issued by the City pursuant to this Chapter, any administrative fine imposed upon a sidewalk vendor who did not have a valid permit at the time the administrative citation was issued shall be reduced in accordance with Section 5.54.140.B.4.

2. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the hearing officer shall accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Chapter.

3. The hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

C. Appeal of denial or revocation of Sidewalk Vending Permit.

1. Any person who has been denied a Sidewalk Vending Permit or who has had a Sidewalk Vending Permit revoked by the Director pursuant to this Chapter may appeal such 101
25 determination to the hearing officer , by filing a request for an appeal with the City Clerk, and tendering a filing and processing fee as set by resolution of the City Council, within twenty -one (21) calendar days of service of the notice of such denial or revocation. The request for an appeal shall contain, at a minimum, the following:

a. The name, current mailing address, and telephone number of the appellant;

b. The date of denial or rescission by the Director;

c. A statement as to all grounds for appeal in sufficient detail to enable the hearing officer, to understand the nature of the controversy; and

d. The signature of the appellant under penalty of perjury as to the contents of the request for appeal.

2. An appeal shall be scheduled for a hearing before the hearing officer within thirty (30) calendar days of the filing of the appeal unless both the appellant and the hearing officer consent to a later date.

3. The hearing officer shall give notice in writing to the appellant of the time and location of the appeal hearing. At the hearing, the hearing officer shall review the record of the decision for denial of a Sidewalk Vending Permit or revocation of a Sidewalk Vending Permit by the Director and hear testimony of the appellant, if any, the applicant and any other interested party. The appeal shall be reviewed and determined on a de nova basis.

D. After the hearing, the hearing officer shall affirm, modify or reverse the original denial or revocation. When a denial or revocation is modified or reversed, the hearing officer shall state the sp ecific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) calendar days of the close of the hearing. The hearing officer shall mail notice of a decision to the appellant. Such notice shall be mailed within five (5) working days after the date of the decision to the appellant. The decision of the hearing officer shall be final.

SECTION IV:

102
26 SECTION V:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a summary of the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ___________________, 2023.

Daniel R. Slater, 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 Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ______________, 2023 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
103
RESOLUTION NO. 11443

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE SETTING THE

AMOUNT OF FINES AND FEES RELATING TO

SIDEWALK VENDORS AND SIDEWALK
VENDING PERMITS.

WHEREAS, Senate Bill 946, the California Safe Sidewalk Vending Act (“SB 946”), became effective on January 1, 2019; and

WHEREAS, SB 946 establishes requirements for local regulation of sidewalk vendors; and

WHEREAS, California Government Code Section s 51039(a)(1) and 51039(a)(3) (A) authorize a city that has adopted an ordinance to regulate sidewalk vendors in compliance with SB 946 to establish specified administrative fines for violation of that ordinance; and

WHEREAS, on March 28, 2023, the City Council introduced Ordinance No 03-23, amending Orange Municipal Code (“OMC”) Chapter 5.54 of Title 5 relating to regulation of sidewalk vendors in compliance with SB 946.

NOW, THEREFORE, IT BE RESOLVED by the City Council of the City of Orange as follows:

1. As provided in California Government Code Sections 51039(a)(1), the following schedule of administrative fines is adopted for a violation of Chapter 5.54 by a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City:

a. An administrative fine not exceeding $100 for a first violation;

b. An administrative fine not exceeding $200 for a second violation within one year of the first violation; and

c. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.

2. As provided in California Government Code Sections 51039(a)(3)(A), the following schedule of administrative fines is adopted for a violation of Chapter 5.54 by any person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued by the City:

a. An administrative fine not exceeding $250 for a first violation;

104
2 b. An administrative fine not exceeding $500 for a second violation within one year of the first violation; and

c. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

3. An Application Permit Fee of $400 per vending cart shall be required for an application for a Sidewalk Vending Permit.

4. An Employee Application Permit Fee of $100 per employee shall be required of all person(s) who will be employed by the applicant for a Sidewalk Vending Permit who will work as a stationary or roaming sidewalk vendor.

5. A Sidewalk Vending Permit Change of Information Fee of $100 shall be imposed when any applicant who has been issued a Sidewalk Vender Permit changes any information as provided in the application or Chapter 5.54.

6. This Resolution shall be effective immediately upon the effective date of Ordinance No. 03-23.

ADOPTED this ____ day of ___________________, 2023.

Daniel R. Slater, 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 introduced at the regular meeting of the City Council held on the ___ day of _____________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2023 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
105
I want to obtain a Sidewalk Vending Permit
To sell food or
merchandise from
vending cart
Stationary Sidewalk
Vendor
Required Permits
Business License
Health Permit
Seller’s Permit
Roaming Sidewalk
Vendor
Business License
Health Permit
Application Application
Fixed Location selection Route/ Area selection Liability Insurance
policy
Liability Insurance
policy
GŽvernment /͘D͘ Žr
>icense C
olor photographs of
the vending cartC
olor photographs of
the vending cart
Failure to obtain
Sidewalk Vending Permit
Warning brochure
/ Information
Administrative Citation
Issuance
Notice of Violation
issued
Fine payment in full or
file appeal / ability-to-
pay requestC
oordination with OC
Health
Impoundment of
vending cart only by
OC Health
Develop plan of action
Staff Inspection and
Application reviewR
equired Documnets
Vending permit Vending permit
Vendor I.D. Vendor I.D.

Vendor Agreement Vendor Agreement
Informational
brochures
Informational
brochures
Informational
brochures
Informational
brochures
What will I receive after the
process?
City of Orange
Sidewalk Vending Permit and Enforcement Process
OC Health Care Agency
Environmental Health for a
Food Facility Health Permit
714-433-6000
City of Orange
Finance Department for a
business license
714-288-2270
Who do I contact about a
Sidewalk Vending Permit?
Seller’s Permit
Photo I.D. and Finger-
print for applicant and
employees
Staff Inspection and
Application review
GŽvernment /͘D͘ Žr
>icense
Code Enforcement
Field Contact
Illegal Vendor
complies / case closed
Illegal Vendor
complies / case closed
Administrative
Citations - First
Administrative
Citations - SecondA
dministrative
Citations - Third
Request PD assistance
Select date and time
of action
Appeal of Administrative
citation(s)A
bility-to-Pay
determination
Fine payment reduction
or alternative
Confiscation of food
only by OC Health
Storage of vending
cart only by OC Health
Return of Vending Cart
only by OC Health
City of Orange
Police Department to
schedule Fingerprinting
appointment
714-744-7444
City of Orange
Code Enforcement Division for
a Sidewalk Vending Permit
714-744-7244
California Department of Tax
and Fee Administration for a
Seller's Permit
800-400-7115
Permit fee payment Permit fee payment
Photo I.D. and Finger-
print for applicant and
employees
106

CODE ENFORCEMENT DIVISION
Sidewalk Vending Ordinance Introduction
3/28/2023
107
Sidewalk Vendors: Brief Overview of SB 946
Enacted in 2018, the State of California passed Senate Bill 946 which took effect on January 1, 2019. It set limitations upon the ability of local jurisdictions to regulate “Sidewalk Vendors” unless directly related to an objective public health, safety, or welfare concern.

SB 946 – The primary intent is to:
Decriminalize sidewalk vending by limiting municipalities to penalizing violations with administrative citations (fines) rather than criminal citations;
Promote entrepreneurship and economic success for sidewalk vendors to support themselves and their families; Allow regulations to be tied to time, place and manner of sidewalk vending; Restrict perceived community animus or economic competition from consideration as an objective health, safety, or welfare concern;
Develop a framework for regulating roaming sidewalk vendors and stationary sidewalk vendors. 108
SB 946 framework for regulating sidewalk vendors:

Sidewalk Vendor:
A person selling food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or pedestrian path (or within a public park).

Roaming Sidewalk Vendor:
Sidewalk vendor who moves from place to place, only stopping to complete a transaction.

Stationary Sidewalk Vendor:
Sidewalk vendor who vends from a fixed location.

Administrative Fine limits:
As provided in CA Government Code Section 51039(a)(1), a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City is punishable only by an administrative citation in the amounts of:
A fine not exceeding $100.00 for a first violation;
A fine not exceeding $200.00 for a second violation within one year of the first violation; and, A fine not exceeding $500.00 for each additional violation within one year of the first violation. As provided in CA Government Code Section 51039(a)(3)(A), any person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued by the City is punishable only by an administrative citation in the amounts of:
A fine not exceeding $250.00 for a first violation;
A fine not exceeding $500.00 for a second violation within one year of the first violation; and A fine not exceeding $1,000.00 for each additional violation within one year of the first violation. 109
Latest State of California law expands opportunities for food vendors including Sidewalk Vendors: Senate Bill 972 (2022) Effective January 1, 2023, SB 972
modified provisions of the California Retail Food Code, in an effort to further the purposes behind SB 946.

SB 972 primarily seeks to remove barriers in the permitting process resulting from “outdated requirements” in the Retail Food Code which prevented sidewalk vendors from meeting local health requirements.

SB 972 creates a new type of food facility – Compact Mobile Food Operations:
Compact Mobile Food Operations – A mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance that (i) sells prepackaged, non-potentially hazardous food or whole, uncooked produce; (ii) sells
prepackaged, potentially hazardous food; or (iii) conducts limited food preparation.
110
The City’s Proposed Sidewalk Vending
Code Compliance has developed a Sidewalk Vending ordinance that meets the State’s objective in regulating sidewalk vending on the basis of health, safety, or welfare to:
Ensure compliance with the Americans with Disabilities Act and other disability access standards; Establish criteria for Sidewalk Vending Permit issuance including requiring basic information of sidewalk vendors, insurance, health permit, business license, State sellers permit and permit fees; Require clean and sanitary conditions;
Enact regulations on sidewalk vending equipment, size and placement; Set hours of operation and operating procedures in residential and commercial areas; Prohibit stationary sidewalk vending within residential zones and on certain goods or merchandise; Protect the public’s use and enjoyment of natural resources and recreational opportunities within the parks;
Differentiate between stationary sidewalk vendors, who vend from fixed locations, and roaming sidewalk vendors who move from place to place and stop to complete a transaction; Set parameters relating to distance requirements from various public assets and facilities including transit and rail systems, schools, place of worship, daycare facilities, colleges, universities, residences and businesses;
Avoid interference with pedestrian and motor vehicle traffic; and Follow the administrative fine amount limits, appeal process and ability-to-pay determinations. 111
112
Agenda Item
City Council
Item #: 9.2. 3/28/2023 File #: 23-0199
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 04-23 adding new Chapter 1.10 to the Orange Municipal Code relating to administrative citations, and adoption of Resolution No. 11444 setting fines and fees.

2. SUMMARY
Ordinance No. 04-23 will establish an administrative citation program in the City as allowed by state law and includes provisions for the applicability, contents, procedure, payment, and appeal of citations. Resolution No. 11444 will set the fines and fees relating to administrative citations.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
There will be a fiscal impact however, it is undetermined at this time.

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

6. DISCUSSION AND BACKGROUND
California Government Code Section 53069.4 authorizes a local agency to make any violation of its ordinances subject to an administrative fine. It must, by ordinance, set forth the administrative procedures governing the imposition, enforcement, collection, and administrative review of administrative fines. Section 53069.4 also requires different procedures depending on the type of violation. Additionally, Government Code Section 36900 establishes a maximum fine limit when administrative fines are imposed against a person. The City of Orange currently has no administrative citation authority to impose administrative fines against any person who violates any ordinance of the Orange Municipal Code (OMC).

The Code Compliance Division plays an integral part in the enforcement of municipal, state, and county codes in an effort to preserve and enhance the quality of life for residents, business owners, City of Orange Printed on 3/22/2023Page 1 of 4
powered by Legistar™
113
Item #: 9.2. 3/28/2023 File #: 23-0199
county codes in an effort to preserve and enhance the quality of life for residents, business owners, and visitors of the City. When a complaint is made or a violation is observed, Code Compliance employs a variety of methods to gain voluntary compliance through courtesy warnings, advisory letters, public information, and formal enforcement action through a series of first and final notices of violations with compliance deadlines. However, there are a number of occasions when voluntary compliance is not forthcoming and additional enforcement action is necessary to attain compliance.

This results in the issuance of criminal citations (notice to appear) or filing of a criminal complaint in court.

Currently, the majority of violations of the OMC are identified as a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months in the county jail or by both fine and imprisonment. The proposed Administrative Citation Program provides an option for resolving violations by imposing administrative fines rather than just solely relying on criminal prosecution.

Unfortunately, criminal prosecution of violations can be very costly to the City with respect to staff time, resources, and delays in court proceedings which can take four months to a year for a trial.

Additionally, the City finds it challenging to attain a criminal conviction by a jury for minor violations such as noise, leaving trash cans in public view, front lawn parking, and overgrown vegetation, to name a few. The implementation of administrative citations would help to deal with both major and minor violations by providing appropriate enforcement tools and legal remedies available to Code Compliance Officers. In instances where the assessment of an administrative fine does not gain compliance, the City still retains its legal options and remedies to file criminal court complaints or citations, civil actions, injunctions, receivership, hold a public nuisance hearing, and/or conduct abatement proceedings. The adoption of an administrative fine process for Code Compliance can also be useful to certain employees from the Police, Fire, Public Works, and Finance Department who are responsible for the administering and enforcing of certain sections of the OMC. Each City department has developed public information material such as flyers, notices, and brochures about the various codes, laws, and regulations they administer, however criminal prosecution is currently their primary remedy. Having an administrative citation option will enhance their enforcement efforts.

Use of Administrative Fines in Neighboring Cities
The use of administrative citations has been adopted and used throughout cities in Orange County which include Villa Park, Garden Grove, Anaheim, Santa Ana, Tustin, Irvine, Lake Forest, Yorba Linda, Placentia, Buena Park, Stanton, Fullerton, La Habra, Brea, Cypress, Costa Mesa, Westminster, Fountain Valley, Los Alamitos, La Palma and all beach cities.

Overview of Legislation regarding Administrative Citation Fines In addition to the general administrative citation authority in Government Code Section 53069.4, other legislation has provided further applicability and enforcement provisions - AB 2598 increased fine amounts for general code violations and building and safety violations.

It also recognizes that unmaintained and blighted commercial properties are a drain on city resources. Therefore, this law grants the ability to issue increased fines of $2,500 for each additional violation of the same ordinance within two years of the first violation, if the property is a commercial property whose property owner fails to remove visible refuse or fails to prohibit unauthorized use of the property.
- AB 2164 grants cities the ability to expedite administrative fines for violations of building and zoning regulations, if the violation exists as a result of, or to facilitate, the illegal cultivation of City of Orange Printed on 3/22/2023Page 2 of 4
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cannabis.
- SB 946 and SB 972 provide for the regulations of sidewalk vendors on public property and only allow cities to impose administrative fines for violations committed by sidewalk vendors who fail to comply with the regulations making the availability of an administrative citation program necessary.

Proposed Administrative Fines
The proposed fine amounts in Resolution No. 11444 have been developed based on Government Code 53069.4 which authorizes the City to make violations of its municipal code subject to administrative enforcement with maximum fines as follows:

1. As provided in Government Code Section 36900(b), the following schedule of administrative fines was adopted for general code violations:
a. Every violation is punishable by a fine up to $100 for a first violation in a twelve (12) month period;
b. Every violation is punishable by a fine up to $200 for a second violation of the same ordinance in a twelve (12) month period; and
c. Every violation is punishable by a fine up to $500 for each third or additional violation of the same ordinance in a twelve (12) month period.

2. As provided in Government Code Sections 36900(c), a violation of any building and safety code is punishable by the following:
a. A fine up to $130 for a first violation in a twelve (12) month period; b. A fine up to $700 for a second violation of the same ordinance within a twelve (12) month period;
c. A fine up to $1,300 for each additional violation of the same ordinance within a twelve (12) month period of the first violation; and
d. For commercial property that has an existing building at the time of the violation and the owner fails to remove visible refuse or prohibit unauthorized use of the property, a fine up to $2,500 for each additional violation of the same ordinance within two (2) years of the first violation.

Effect of Adoption of Administrative Citation Ordinance Ordinance No. 04-23 would result in the following changes to the current Code Compliance protocol:
- Provide an alternative and effective enforcement tool by serving administrative citations on persons who fail or refuse to comply with courtesy warnings and notices; - Streamline delays in achieving code compliance by providing for an administrative option instead of solely relying on criminal prosecution;
- Allow for immediate issuance of administrative citations for health and safety violations relating City of Orange Printed on 3/22/2023Page 3 of 4
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to building and safety codes;
- Establish an escalation of fines the City can levy for repeat offenders of the OMC; - Impose higher fines to property owners of commercial buildings for violations containing visible refuse and/or failing to prohibit unauthorized land use; - Provide a provision in the administrative citation appeal process to preserve a person's right to due process and submittal of a hardship waiver in lieu of having to deposit the fine amount while contesting the citation;
- Set up an administrative hearing process, within not less than 15 days but no more than 60 days, for a person wishing to contest an administrative citation before an independent hearing officer who will determine whether to uphold the fines or cancel the citation; and - Establish a collection process for unpaid or late fines.

As with all enforcement methods, Staff would retain discretion whether to apply the increased fines depending on the nature of the violation, the responsiveness of the person involved and whether issuance of the fine will facilitate code compliance. Staff's recommendation is consistent with Code Compliance’s current policy of encouraging voluntary compliance through courtesy warnings, education material and notices. In cases where voluntary compliance is not achieved, the recommended administrative citation program would provide Code Compliance Officers, Police Officers and other authorized department staff with a more effective tool when necessary to ensure citizens comply with the OMC.

7. ATTACHMENTS
· Ordinance No. 04-23
· Resolution No. 11444
City of Orange Printed on 3/22/2023Page 4 of 4
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Agenda Item
City Council
Item #: 9.2. 3/28/2023 File #: 23-0199
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Jeff Adams, Interim Community Development Director

3. RECOMMENDED ACTION

4. FISCAL IMPACT
There will be a fiscal impact however, it is undetermined at this time.

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

The Code Compliance Division plays an integral part in the enforcement of municipal, state, and county codes in an effort to preserve and enhance the quality of life for residents, business owners, City of Orange Printed on 3/22/2023Page 1 of 4
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county codes in an effort to preserve and enhance the quality of life for residents, business owners, and visitors of the City. When a complaint is made or a violation is observed, Code Compliance employs a variety of methods to gain voluntary compliance through courtesy warnings, advisory letters, public information, and formal enforcement action through a series of first and final notices of violations with compliance deadlines. However, there are a number of occasions when voluntary compliance is not forthcoming and additional enforcement action is necessary to attain compliance.

This results in the issuance of criminal citations (notice to appear) or filing of a criminal complaint in court.

It also recognizes that unmaintained and blighted commercial properties are a drain on city resources. Therefore, this law grants the ability to issue increased fines of $2,500 for each additional violation of the same ordinance within two years of the first violation, if the property is a commercial property whose property owner fails to remove visible refuse or fails to prohibit unauthorized use of the property.
- AB 2164 grants cities the ability to expedite administrative fines for violations of building and zoning regulations, if the violation exists as a result of, or to facilitate, the illegal cultivation of City of Orange Printed on 3/22/2023Page 2 of 4
powered by Legistar™
118
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cannabis.
- SB 946 and SB 972 provide for the regulations of sidewalk vendors on public property and only allow cities to impose administrative fines for violations committed by sidewalk vendors who fail to comply with the regulations making the availability of an administrative citation program necessary.

Effect of Adoption of Administrative Citation Ordinance Ordinance No. 04-23 would result in the following changes to the current Code Compliance protocol:
- Provide an alternative and effective enforcement tool by serving administrative citations on persons who fail or refuse to comply with courtesy warnings and notices; - Streamline delays in achieving code compliance by providing for an administrative option instead of solely relying on criminal prosecution;
- Allow for immediate issuance of administrative citations for health and safety violations relating City of Orange Printed on 3/22/2023Page 3 of 4
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to building and safety codes;
- Establish an escalation of fines the City can levy for repeat offenders of the OMC; - Impose higher fines to property owners of commercial buildings for violations containing visible refuse and/or failing to prohibit unauthorized land use; - Provide a provision in the administrative citation appeal process to preserve a person's right to due process and submittal of a hardship waiver in lieu of having to deposit the fine amount while contesting the citation;
- Set up an administrative hearing process, within not less than 15 days but no more than 60 days, for a person wishing to contest an administrative citation before an independent hearing officer who will determine whether to uphold the fines or cancel the citation; and - Establish a collection process for unpaid or late fines.

7. ATTACHMENTS
· Ordinance No. 04-23
· Resolution No. 11444
City of Orange Printed on 3/22/2023Page 4 of 4
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ORDINANCE NO. 04-23

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 1.10 TO THE

ORANGE MUNICIPAL CODE RELATING TO
ADMINISTRATIVE CITATIONS.

WHEREAS, California Government Code Section 53069.4 authorizes the City Council to adopt an ordinance which makes any violation of the Orange Municipal Code (“OMC”) subject to an administrative fine; and
WHEREAS, the City Council desires to adopt an ordinance pursuant to Government Code Section 53069.4 making any violation of the Orange Municipal Code subject to an administrative fine; and
WHEREAS, Government Code Section 53069.4 also authorizes the City to establish the procedures governing the imposition, enforcement, collection, and administrative review of those administrative fines; and
WHEREAS, amendment of the OMC to add an administrative citation process will:
(1) Promote and protect the public health, safety and welfare of the residents of this City;
(2) Help ensure compliance with the OMC and state codes, ordinances and regulations in a timely and efficient manner;
(3) Provide for an administrative process to appeal the imposition of administrative citations and fines and provide those cited with the right to a fair hearing without the need for legal counsel; and
(4) Reduce the burden on the judicial system and minimize the time and expense of defending the citation by the person cited.

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

SECTION I:

SECTION II:

New Chapter 1.10 of the Orange Municipal Code (General Provisions – Administrative Citations) is hereby added to read as follows:
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2 Chapter 1.10

ADMINISTRATIVE CITATIONS

1.10.010 Purpose and Intent.

1.10.020 Authority and Scope.

1.10.030 Definitions.

1.10.040 Administrative Citation.

1.10.050 Administrative Citation – Violation.

1.10.060 Content of Administrative Citation.

1.10.070 Procedure for Serving Administrative Citation.

1.10.080 Administrative Fine.

1.10.090 Payment of Administrative Fine.

1.10.100 Request for Administrative Hearing.

1.10.110 Time for Administrative Hearing.

1.10.120 Request for Continuance of Hearing.

1.10.130 Appointment of Administrative Hearing Officer.

1.10.140 Procedures at Administrative Hearing.

1.10.150 Failure to Attend Administrative Hearing.

1.10.160 Decision of Administrative Hearing Officer.

1.10.170 Late Payment Charges.

1.10.180 Collection of Administrative Fines.

1.10.190 Appeal of Decision of Administrative Hearing Officer.

1.10.200 Failure to Pay an Administrative Fine.

1.10.010 Purpose and Intent.

The City Council finds and declares that:

A. There is a need for an alternative method of enforcement for violations of the Orange Municipal Code, state or county codes, and any other applicable statues or laws.

B. This Chapter makes any violation of these provisions within this Code and applicable state or county codes subject to administrative citation and fine(s).

C. This Chapter establishes the procedures for the enforcement, collection, review, and appeal of administrative citations and fine(s) pursuant to Government Code Section 53069.4 and is considered authorized by the City’s general police powers.

D. The issuance of an administrative citation under this Chapter is solely at the City’s discretion and is one option the City has in addressing a violation of this Code and applicable state codes. By adopting this Chapter, the City does not intend to limit its discretion to utilize any other remedy, whether independently or concurrent, civil or criminal actions for such violations that the City may select in a particular case. The procedures established in this Chapter shall be in addition to criminal, civil or any other legal remedies established by law that may be pursued to address violations of this Code and applicable state or county codes. 122
3 E. The City adopts this administrative citation and administrative hearing program in order to achieve the following goals:

1. To protect the public health, safety and welfare of its citizens within the City of Orange;

2. To gain compliance with this Code and those applicable state or county codes, as well as other ordinances and regulations in a timely and efficient manner;

3. To encourage voluntary compliance with the provisions of this Code and applicable state or county codes and to eliminate nuisances for the protection and benefit of the entire community;

4. To provide for an administrative hearing process to appeal the administrative citations and fine(s) that are imposed;

5. To provide a method to hold a person responsible for their failure or refuse to comply with the provisions of this Code or applicable state or county codes, or other ordinances or regulations, or terms and conditions imposed on licenses, permits, or entitlements issued or approved by the City;

6. To minimize the expense and delay where the sole other remedy is to pursue persons or responsible persons in the civil or criminal justice system.

1.10.020 Authority and Scope.

A. The City Manager or designee is authorized to promulgate procedural rules and regulations governing the administration of this Chapter.

B. The City Manager shall have the authority to administer and enforce these provisions of this Chapter.

1. Any person or responsible person violating any provision of this Code or applicable state code may be issued an administrative citation by an officer or official of a department as provided in this Chapter.

2. Whenever an officer or official of a department charged with enforcement authority of this Chapter determines that a person or responsible person is allowing, causing, committing, continuing, permitting or maintaining a violation of this Code, the officer or official may issue an administrative citation.

3. When the violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning regulations that create an immediate danger to health, safety, or the welfare of the community, a citation may be issued forthwith. 123
4 4. An officer or official of a department may issue a citation for a violation not committed in their presence if it is determined through an investigation that the person or responsible person cited did commit, aid or abet the commission of a violation of this Code.

5. When the violation pertains to sidewalk vending, an administrative citation may only be issued as set forth in Chapter 5.54.

C. The City Manager may dismiss a citation at any time if determination is made that it was issued in error, in which event any deposit of fine(s) shall be refunded. Notice of such action shall be given to the person or responsible person in writing.

D. Any officer or official from a department is hereby authorized to issue an administrative citation to any person or responsible person found in violation of the Code.

1.10.030 Definitions.

The following words and phrases, when used in the context of this chapter, shall have the following meanings:
“Administrative citation” means any citation issued pursuant to this Chapter by an officer or official to any person or responsible person for violation of the Code. “Administrative hearing” means an oral proceeding before a hearing officer regarding the administrative citation.
“Building and safety violation” means any violation of this Code, which may also pertain to building, housing, plumbing, electrical, mechanical or other similar structural or zoning regulations, including regulations or laws set forth in Titles 15, 16 and 17 of this Code. “Building Official” means the manager of building and safety services for the City of Orange.
“Citee” means a responsible person to whom a citation is issued. “City” means the City of Orange.
“City Manager” means the City Manager of the City, or designated representative. “Code” includes: (1) the entire Orange Municipal Code and any other Code or regulation incorporated therein by adoption or reference, (2) any uncodified ordinance adopted by the Orange City Council, and, (3) any and all applicable county and state laws, codes or regulations. “Correction period” means the period of time allowed for a person or responsible person cited to correct a violation shown on an administrative citation and/or notice of violation. “Department” means the department and its division(s) or a director who are responsible for administering the Code. The department may be any of the following: Police Department, 124
5 Community Services Department, Fire Department, Community Development Department, Public Works Department, Finance Department and/or any other department or division authorized to issue administrative citations pursuant to this Chapter. “Director” means a head of a Department, or designee, who is authorized to administer and enforce the Code.
“Hearing Officer” includes a private entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that the City Manager designates or appoints to consider all timely requests for an administrative hearing upon issuance of a citation. “Officer” or “official” means any City officer, official or employee of a department who is designated by the City Manager with the authority to administer, enforce or regulate the City code or applicable state or county codes, in accordance with the provisions of this Code. “Land use approval” means any approval required for a particular use of land, including, but not limited to permits, licenses, conditional use permits, variances or subdivision maps. “Legal interest” means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument, which is recorded with the county recorder.
“Minor” means minor child under the age of 18.
"Notice of violation" means any form or variations of titles of a written notice provided by any officer or official of a department issued to any person or responsible person to inform such person of violation(s) of the Code and to advise such person of the date that such violation(s) must be corrected in order to avoid the issuance of an administrative citation. “Person” means and includes any natural person, minor, legal entity, owner, firm, association, joint venture, major stockholders, joint stock company, partnership, organization, club, company, corporation, general partners, business, trust, fiduciaries, trustees, heirs, executors, administrators or their manager, lessee, agents, servants, officers, or employee of any of them. “Responsible person” means any person who an officer or official determines is responsible for causing or maintaining a violation of the Code. The term “responsible person” includes, but is not limited to a property owner, tenant, independent contractor, or person in possession of real property, or an owner or authorized agent or person of any business, company or entity, or the holder or the agent of the holder of any land use approval or any other permit, license or entitlement.
“Violation” means an act or omission of any act, or use or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. A “transient” violation is one that is brief or spontaneous in its commission, or that is not typically confined to a fixed location. A “non-transient” violation is continuing in nature and generally present at one location. 125
6 1.10.040 Administrative Citation.

Any person or responsible person violating any section of this Code that is subject to this Chapter may be issued an administrative citation by an officer or official of a department as provided in this Chapter.

1.10.050 Administrative Citation – Violation.

A. General Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a Code violation that does not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. The issuance of an administrative citation may be issued by any officer or official of that department after noncompliance with a notice of violation or to a repeat offender of the same offense within a twelve-month period.

1. Each and every day a violation of this Code or applicable state or county code exists constitutes a separate and distinct offense.

2. Any person or responsible person violating any provisions of this Code is subject to being issued an administrative citation by any officer or official from that department.

3. Administrative fine(s) shall be assessed by means of an administrative citation issued by the officer or official and shall be payable directly to the City or its agent.

4. Fine(s) shall be assessed in the amounts specified in Section 1.10.080.

5. Every person or responsible person who applies for and receives a license or permit, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances, etc.) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement, they may be issued an administrative citation and be liable for fine(s) under the provisions of this Chapter.

6. The City may take into consideration the fact that a person or reasonable person has been issued an administrative citation when the City is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other entitlement regarding that person or property, and such administrative citations are evidence that the person has committed a violation of the Code.

7. Obligation to correct violation(s). Nothing in this Code shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.

B. Building and Safety Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a Code violation pertaining to 126
7 building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. Notwithstanding the provisions of this Chapter, any person or responsible person may be issued a first administrative citation if the violation continues after the correction period has expired.

1. The person or responsible person issued a notice of violation for a building violation may request an extension of the correction period, provided that a request is filed with the Building Official before the correction period ends. The Building Official may, in their discretion, grant a reasonable extension of the time period to correct the violation, if the person or responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period indicated on the notice of violation. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this Chapter.

2. If a building violation has not been corrected by the end of the correction period, the officer or official has the authority to issue the person or responsible person a second administrative citation for failing to comply with the notice of violation(s). The person or responsible person to whom the notice of violation was issued shall be liable for and shall pay to the City or its agent the fine(s) described in the administrative citation by the date prescribed for payment pursuant to Section 1.10.090.A. A third administrative citation may be issued and additional fine(s) imposed for every day the violation continues uncorrected from the date of issuance of the second administrative citation. The fourth and subsequent violation of the same Code shall be prosecuted as a misdemeanor citation or any other remedy available to the City pursuant to Section 1.10.080.B.

3. Obligation to correct violation(s). Nothing in this Code shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.

1.10.060 Content of Administrative Citation.

A. An administrative citation shall contain the following information:

1. Date, approximate time, and address or description of the location where the violation(s) was observed or occurred.

2. The person or responsible person’s date of birth, any state-issued identification number or driver license number, height, weight, hair color, eye color, race, gender and any other description as needed or available.

3. The Code section(s) or condition(s) violated and a brief description of the violation(s).
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8 4. An order to the person or responsible person to correct the violation(s) within the time specified, and an explanation of the consequences of failure to correct the violation(s).

5. The amount of the fine for each violation.

6. If necessary, a brief description of the action required to correct the violation(s).

7. An order prohibiting the continuation or repeat occurrence of the Code violation(s) described in the administrative citation.

8. An explanation of how the fine(s) shall be paid and the time period by which and the place to which it shall be paid.

9. A statement indicating that “Payment of a fine or fines shall not excuse a failure to correct a violation of the Code or Codes cited, nor shall it bar concurrent or further enforcement actions by the City.”

10. Identification of rights of appeal, including the time within which the citation may be appealed and the manner in which to request a hearing to appeal the administrative citation.

11. The name of the officer or official of that department including their employee identification number and, if possible, the signature of the person or responsible person.

The refusal or absence of any person or responsible person to sign a citation shall not affect its validity or related subsequent action or proceeding, nor shall signing a citation constitute an admission that the person has committed a violation of the Code.

B. Any other information deemed necessary for enforcement or collection purposes.

C. Any other information deemed necessary by the City Manager.

1.10.070 Procedure for Serving Administrative Citation.

An administrative citation or notice may be served by any one of the following methods:

A. Personal Service. An officer or official shall attempt to locate and personally serve the person or responsible person and obtain the signature of such person on the administrative citation. If the person or responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or the subsequent proceedings.

B. Service by Mail. If the officer or official is unable to locate or personally serve the person or responsible person, the administrative citation shall be served by first-class mail, postage prepaid, or certified mail with a declaration under penalty of perjury of service by mail executed by the person mailing the administrative citation. The administrative citation shall be addressed 128
9 to the person or responsible person at the address shown on the last equalized property tax assessment rolls for Orange County for a building or property related violation, or to any address known for the responsible person for all other violations. Service by mail shall be deemed to be effective service on the date it is mailed and shall not affect the validity of the administrative citation or of the subsequent proceedings.

C. Service by Posting. If the officer or official is unsuccessful in either personal service or service by mail, the administrative citation shall be posted in a conspicuous place on the real property where the violation occurred. Such posting shall be deemed to be effective service on the date of posting and shall not affect the validity of the administrative citation or of the subsequent proceedings.

D. Service by Publication. If the officer or official does not succeed in serving the person or responsible party personally, by certified mail or regular mail, and the City is not aware that such person has a legal interest in any real property within the City, the officer or official shall cause the administrative citation to be published once a week for four consecutive weeks in a local newspaper published at least once a week.

F. The failure of any person or reasonable person to receive a citation or notice shall not invalidate any fine(s), late charge(s), actions or proceedings that is imposed or brought pursuant to this Chapter, if service was given in a manner stated in this Section.

1.10.080 Administrative Fine
A. General Code Violation. Pursuant to Government Code Section 36900(b), fine(s) associated with the issuance of an administrative citation for violations of a City ordinance are hereby adopted. A misdemeanor citation may be issued to any person or responsible person who has committed a fourth or subsequent violation of the same Code within one year from the date of the first administrative citation or the City may at its discretion utilize any additional remedies available in seeking compliance.

B. Building and Safety Code Violation. Pursuant to Government Code Section 36900(c), fine(s) associated with the issuance of an administrative citation for violations of a Building and Safety Code are hereby adopted. A misdemeanor citation may be issued to any person or responsible person who has committed a fourth or subsequent violation of the same Code within one year from the date of the first administrative citation or the City may at its discretion utilize any additional remedies available in seeking compliance.

C. Sidewalk Vending Permit Violation. Fine(s) and penalty(ies) pursuant to Government Code Section 51039(a)(1), (2) and (3)(A), for an administrative citation for a Sidewalk Vending Permit violation are hereby adopted and regulated under Chapter 5.54 of the Code.

D. The amounts of the fines imposed and the administrative citation processing fee pursuant to this Chapter shall be as established by resolution of the City Council. The City Council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses of the same violation.
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10 1.10.090 Payment of Administrative Fine.

A. The fine(s) and the administrative citation processing fee shall be paid to the City or its agent within twenty-one (21) days from the date of service of the administrative citation.

B. If the fine in any administrative citation is not paid within the time prescribed in Section 1.10.090.A, a late payment fee shall be charged in an amount of 30% percent of assessed fine(s) ten (10) days after the due date; an additional 50% percent after twenty (20) days; and an additional 100% percent after thirty (30) days.

C. Any administrative citation fine(s) paid pursuant to Section 1.10.090.A shall be refunded in accordance with Section 1.10.160, if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation, the citation was issued in error, or that there was no violation as charged in the citation.

D. Payment of any fine(s) under this Chapter shall not excuse or discharge any continuation, or repeated occurrence of any violation(s) that is the subject of the administrative citation, nor shall it bar further enforcement action by the City.

E. A responsible person who has been issued a second or multiple additional fine(s) for violations of the same Code within one year may apply for a hardship waiver to reduce the amount of the fine(s), which will be granted upon a showing that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine(s) would impose an undue financial burden. Any person wishing to apply for a hardship waiver must timely complete a hardship waiver form and deliver it, together with any supporting documents within twenty-one (21) days from the date of service of the administrative citation(s), to the Code Compliance Division of the Community Development Department. Once a completed hardship waiver form is received, payment of any owed fine(s) is stayed until a written determination on the application is issued. The Community Development Director may request additional documentation or information regarding the request prior to issuing a determination. A determination may be to grant in full, grant in part, or deny the application for a hardship waiver.

Any amount of the fine(s) determined by the Director shall be remitted to the City or its agent within ten (10) days of receipt of the Director’s written decision. Such a determination shall be final. The failure of any responsible person to timely submit all requested additional documentation and information shall be deemed a failure to exhaust the responsible person's administrative remedies with regard to any reductions of the fine(s).

F. The City may use all available legal and equitable remedies to collect any past due fine(s) and any other related costs.

G. No waiver. Under no circumstances shall the payment of the fine designated in the administrative citation constitute a waiver of the citee's right to a hearing. Therefore, a citee may pay the fine within the twenty-one days from the date of service of the administrative citation and appeal period and also obtain a hearing to protest the imposition of the fine, provided that the citee makes a timely request for a hearing.
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11 1.10.100 Request for Administrative Hearing.

A. Any person or responsible person to whom an administrative citation was issued may appeal the citation no later than twenty-one (21) days from the date of service of the administrative citation by:

1. Attaching a written document which shall contain the following information and submitting it along with the citation within such prescribed period; a. The citation number;
b. The name, address, telephone, and email, of each person appealing the citation;
c. A statement of the reason(s) why a citation is being appealed; d. The date and signature of each person appealing the citation.

2. Filing the appeal of the administrative citation and paying the administrative citation appeal fee with the City or its agent.

B. The amount of the administrative citation appeal fee imposed pursuant to this Chapter shall be as established by resolution of the City Council.

C. The person requesting the hearing shall be notified by certified mail, return receipt requested, or posting of the time and place of the hearing at least ten (10) days before the date of the hearing. Any documentation, other than the administrative citation, which the officer or official has submitted or will submit to the hearing officer shall be served on the person requesting the hearing pursuant to Section 1.10.070, at least five (5) days before the date of the hearing.

1.10.110 Time for Administrative Hearing.

Only after a request for hearing has been filed and the appeal fee paid shall the City or its agent set the place, date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days after the request for hearing has been filed. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing by certified mail, return receipt, or posting at least ten (10) days before the date of the hearing.

1.10.120 Request for Continuance of Hearing.

The person or responsible person requesting a hearing may request one continuance, but in no event may the hearing begin later than sixty (60) days after the original request for hearing form has been filed.
131
12 1.10.130 Appointment of Administrative Hearing Officer.

The City Manager shall designate the hearing officer for the administrative citation hearing.

The hearing officer shall not be a City employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fine(s) upheld by the hearing officer.

1.10.140 Procedures at Administrative Hearing.

A. No hearing to appeal an administrative citation before a hearing officer shall be held unless and until a request for hearing and appeal fee has been completed.

B. The hearing officer shall only consider evidence that is relevant to whether the person or responsible person is allowing, causing, committing, continuing, permitting or maintaining a violation of the Code or other applicable state or county code on the date(s) specified in the administrative citation.

C. The person appealing the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure of such person’s rights to exhaust their administrative remedies and they may be ordered to pay such fine(s) forthwith.

E. The administrative citation and any additional documents submitted by the officer or official shall constitute prima facie evidence of the respective facts contained in those documents.

F. If the officer or official submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be provided to the person requesting the hearing at least five (5) days prior to the date of the hearing.

G. At least ten (10) days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citation(s), report(s) and any other document(s) submitted or relied upon by the officer or official. No other discovery is permitted. Formal rules of evidence shall not apply.

H. The hearing officer may continue the hearing and request additional information from the officer or official, and/or the recipient of the administrative citation prior to issuing a written decision.

1.10.150 Failure to Attend Administrative Hearing.

If the person or responsible person fails to attend the scheduled hearing, the hearing will proceed without the person or responsible person, and they will be deemed to have waived their right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in 132
13 Section 1.10.110, if service of the administrative citation is made by posting of the citation on real property within the city or state in which the person or responsible person has a legal interest, and the person or responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the person or responsible person’s failure to attend the scheduled hearing then the such person shall be entitled to an administrative hearing.

1.10.160 Decision of Administrative Hearing Officer.

No later than ten (10) days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision to uphold or cancel the administrative citation.

The hearing officer shall set forth the reason(s) for the decision. The decision shall be served upon the person or responsible person by the applicable method set forth in Section 1.10.070. If the hearing officer upholds the administrative citation and the fine(s) have not been deposited then the hearing officer shall specify in the decision a payment schedule for which the fine(s) are to be paid to the City or its agent. If such person fails at any point to pay the fine(s) as conditioned by the hearing officers, then the City or its agent may pursue collections of any amount due pursuant to Section 1.10.180. The hearing officer’s written decision is final and shall notify the person or responsible person of their right to appeal as provided in Section 1.10.190.

1.10.170 Late Payment Charges.

Any person who fails to pay on or before the due date any administrative fine(s) imposed pursuant to the provisions of this Chapter, shall be liable for the payment of any applicable late payment fee set forth in Section 1.10.090.B.

1.10.180 Collection of Administrative Fine.

A. The City or its agent may collect any past due administrative fine(s) or late payment fees by use of any available legal means.

B. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with this Chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not limited to the recordation of a lien (secured or unsecured) with the County Recorder’s Office and/or with the California Franchise Tax Board “Inter-Agency Offset Program” (pursuant to Section 12419.10 of the Government Code).

C. The City shall be entitled to recover its attorney fees and costs arising from an action to collect an administrative fine and other charges, fees, or costs imposed in accordance with this Chapter if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A citee shall be entitled to recover their attorney fees if the City made the election to seek attorney fees at the outset of the action and the citee prevails thereon.

D. The administrative citation process described in this Chapter does not preclude the City from recovering any costs incurred by the City in performing its code compliance efforts pursuant to the Code, including, but not limited to, abatement costs and re-inspection fees. 133
14 E. The parent or legal guardian of any person who is a minor shall be liable for any fine(s) imposed upon the minor pursuant to the provisions of this Chapter. Any such fine(s) may be collected from the minor, parent or guardian.

F. The City may withhold, or refuse to issue, extend, or renew any City permit, license, or other City approval to any person, who has unpaid delinquent fine(s), interest, fees, liens or assessments due under this Chapter related to the permit, license, or approval.

1.10.190 Appeal of Decision of Administrative Hearing Officer.

A. Any person aggrieved by an administrative decision of the hearing officer may seek judicial review of the administrative hearing decision by filing an appeal with a court of competent jurisdiction in accordance with the timelines and provisions set forth in Government Code Section 53069.4(b)(1). The aggrieved person filing the appeal shall be responsible for paying the statutory filing fee to the Superior Court when the appeal is filed. The person or responsible person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the person or responsible person fails to timely file a notice of appeal with the court, the hearing officer’s decision shall be deemed confirmed.

B. No appeal is permitted from an administrative decision regarding:

1. A request for preliminary administrative citation review or hardship waiver;

2. An extension of the thirty (30) calendar day correction period for building violations;

3. A decision that the responsible person is deemed to have abandoned the appeal of the administrative citation or fine(s) due to their failure to appear at the administrative hearing or failure to deposit the fine.

C. Any appeal to the Superior Court shall require the appealing person to deposit the fine(s) listed on the citation with the City or its agent prior appearing at the court hearing.

D. The city attorney shall forward to the Superior Court within fifteen (15) calendar days of its request, the pertinent administrative citation documents for any case appealed to that court. If the Superior Court cancels any administrative citation, the City shall refund any fine(s) deposit made within thirty (30) calendar days of its receipt of the court’s decision.

1.10.200 Failure to Pay an Administrative Fine.

It is unlawful for any person or responsible person to fail to pay an administrative fine in violation of this Chapter. The filing of a criminal action does not preclude the City from using any other legal remedies available to gain compliance with the administrative order or provisions contained in this Chapter.
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15 SECTION III:

SECTION IV:

ADOPTED this ____ day of ___________________, 2023.

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

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
135
RESOLUTION NO. 11444

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE SETTING THE

AMOUNT OF FINES AND FEES FOR

VIOLATIONS OF THE ORANGE MUNICIPAL

CODE RELATING TO ADMINISTRATIVE
CITATIONS.

NOW, THEREFORE, BE IT BE RESOLVEDby the City Council of the City of Orange as follows:

1. As provided in Government Code Sections 36900(b), the following schedule of administrative fines is adopted for general code violations:
a. Every violation is punishable by a fine of $100 for a first violation in a twelve (12) month period;
b. Every violation is punishable by a fine of $200 for a second violation of the same ordinance in a twelve (12) month period; and
c. Every violation is punishable by a fine of $500 for each third or additional violation of the same ordinance in a twelve (12) month period.

2. As provided in Government Code Sections 36900(c), the following schedule of administrative fines is adopted for violations of building and safety codes:
a. A fine of $130 for a first violation in a twelve (12) month period; b. A fine of $700 for a second violation of the same ordinance within a twelve (12) month period;
136
2 c. A fine of $1,300 for each additional violation of the same ordinance within a twelve (12) month period of the first violation; and
d. For commercial property that has an existing building at the time of the violation and the owner fails to remove visible refuse or prohibit unauthorized use of the property, a fine of $2,500 for each additional violation of the same ordinance within two (2) years of the first violation.

3. An Administrative Citation Processing Fee of $25 shall be imposed when any administrative citation has been issued.

4. An Administrative Citation Appeal Fee of $85 shall be required for any person who has been issued an administrative citation and wishes to appeal said citation before a hearing officer.

5. This Resolution shall be effective immediately upon the effective date of Ordinance No. 04-23.

ADOPTED this ____ day of ___________________, 2023.

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

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
137
Agenda Item
City Council
Item #: 10.1. 3/28/2023 File #: 23-0115
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Continued Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships-American Rescue Plan Allocation Plan. (Continued from February 14, 2023)

2. SUMMARY
Public Hearing to consider the approval of the Second Amendment to the 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships-American Rescue Plan (HOME-ARP) Allocation Plan to provide supportive services to benefit qualifying individuals and families, including veterans that are experiencing homelessness, at-risk of homelessness, or are part of a vulnerable population such as those fleeing domestic violence.

3. RECOMMENDED ACTION

1. Authorize staff to incorporate public comments received at the Public Hearing into the 2021- 2022 Annual Action Plan.

2. Approve the Second Amendment to the 2021-2022 Annual Action Plan to incorporate the HOME-ARP Plan and submit to the Department of Housing and Urban Development (HUD).

3. Authorize the City Manager or their designee to finalize the draft HOME-ARP Plan and execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan and HOME-ARP Allocation Plan on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this Allocation Plan is $1,655,186 and will be funded through HOME (317).

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

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

6. DISCUSSION AND BACKGROUND
Background
On March 11, 2021, the American Rescue Plan (ARP) was passed in response to the COVID-19 pandemic. Congress appropriated $5 billion in ARP funds to be administered through the HOME City of Orange Printed on 3/22/2023Page 1 of 3
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Item #: 10.1. 3/28/2023 File #: 23-0115
pandemic. Congress appropriated $5 billion in ARP funds to be administered through the HOME Investment Partnerships Program (HOME) and authorized HUD to distribute the funds to participating jurisdictions (PJ) that qualified for an allocation of HOME Funds in Fiscal Year (FY) 2021, of which the City of Orange was a recipient.

The intent of HOME-ARP is to address the need for homelessness assistance and supportive services to benefit qualifying individuals and families, including veterans that are experiencing homelessness, at-risk of homelessness, or are part of a vulnerable population such as those fleeing domestic violence. Eligible activities for the use of the HOME-ARP funds include:

1. Development and support of affordable housing;

2. Tenant-based rental assistance (TBRA);

3. Provision of supportive services;

4. Acquisition and development of non-congregate shelter units.

The City received an allocation of $1,655,186 in HOME-ARP funds. In order to access the funds, the City must develop a HOME-ARP Allocation Plan (Plan) and amend its 2021-2022 Annual Action Plan to incorporate the Plan for submittal to HUD. The Plan describes the consultation and public participation process that the City engaged in as part of the process and requirement of developing the plan and outlines how the City will use HOME-ARP funds. The Annual Action Plan outlines the intent of the use of Community Development Block Grant (CDBG) and HOME funds received by the City in a specific year. A substantial amendment is necessary to include the additional source of HOME-ARP funds and proposed activities.

City Council approved the HOME-ARP Allocation Plan at the Public Hearing on March 14, 2023. The City is required to amend its 2021-2022 Annual Action Plan, hold a Public Hearing, and a 30-day public review period of the amendment before submitting the approved plan to HUD. Today’spublic hearing fulfills this requirement.

Discussion
The City’sPlan is focused on using HOME-ARP funds to fund supportive services to the qualifying populations.

To meet the housing requirement of the HOME-ARP grant and address some of the housing assistance needs within the City, the Plan proposes to establish a TBRA Program with its HOME entitlement funds. The TBRA Program guidelines and requirements are under development and will be presented to Council for consideration at a future date. The TBRA Program will be funded through the City’sannual HOME Program entitlement beginning in Fiscal Year 2023-2024 so as to preserve the HOME-ARP funds for supportive services to serve the qualifying populations. Historically, the City has had difficulty finding qualifying projects for its HOME funding. By establishing a TBRA program, the City will be able to more timely expend its HOME funding, while addressing a need in the community.

Citizen Participation Process
As required by the City’sapproved Citizen Participation Plan, a Public Notice was published in the Orange City News on February 23, 2023 to inform residents availability of the draft Second Substantial Amendment to the 2021-2022 Annual Action Plan for a 30-day review and comment period of the Public Hearing on the March 28, 2023. The notice advised residents that copies of the draft Second Amendment were also available on the City’swebsite from February 23, 2023, to March 27, 2023. Additionally, the notice stated that hard copies of the document were available at the City of Orange Printed on 3/22/2023Page 2 of 3
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Item #: 10.1. 3/28/2023 File #: 23-0115
27, 2023. Additionally, the notice stated that hard copies of the document were available at the counters of the Community Development Department, Orange Main Public Library, and City Clerk Office.

On Tuesday, March 14, 2023, the City Council held a Public Hearing to approve the HOME-ARP Allocation Plan. As part of today’sapproval, the draft Plan has been updated to include additional detail on statistics and outreach, including additional comments received, to incorporate and reflect the feedback and guidance received from HUD.

7. ATTACHMENTS
· Second Substantial Amendment to the 2021-2022 Annual Action Plan · Draft HOME-ARP Allocation Plan
City of Orange Printed on 3/22/2023Page 3 of 3
powered by Legistar™
140
Agenda Item
City Council
Item #: 10.1. 3/28/2023 File #: 23-0115
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Jeff Adams, Interim Community Development Director

3. RECOMMENDED ACTION

1. Authorize staff to incorporate public comments received at the Public Hearing into the 2021- 2022 Annual Action Plan.

2. Approve the Second Amendment to the 2021-2022 Annual Action Plan to incorporate the HOME-ARP Plan and submit to the Department of Housing and Urban Development (HUD).

3. Authorize the City Manager or their designee to finalize the draft HOME-ARP Plan and execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan and HOME-ARP Allocation Plan on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this Allocation Plan is $1,655,186 and will be funded through HOME (317).

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

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

6. DISCUSSION AND BACKGROUND
Background
On March 11, 2021, the American Rescue Plan (ARP) was passed in response to the COVID-19 pandemic. Congress appropriated $5 billion in ARP funds to be administered through the HOME City of Orange Printed on 3/22/2023Page 1 of 3
powered by Legistar™
141
Item #: 10.1. 3/28/2023 File #: 23-0115
pandemic. Congress appropriated $5 billion in ARP funds to be administered through the HOME Investment Partnerships Program (HOME) and authorized HUD to distribute the funds to participating jurisdictions (PJ) that qualified for an allocation of HOME Funds in Fiscal Year (FY) 2021, of which the City of Orange was a recipient.

1. Development and support of affordable housing;

2. Tenant-based rental assistance (TBRA);

3. Provision of supportive services;

4. Acquisition and development of non-congregate shelter units.

Discussion
The City’sPlan is focused on using HOME-ARP funds to fund supportive services to the qualifying populations.

Citizen Participation Process
As required by the City’sapproved Citizen Participation Plan, a Public Notice was published in the Orange City News on February 23, 2023 to inform residents availability of the draft Second Substantial Amendment to the 2021-2022 Annual Action Plan for a 30-day review and comment period of the Public Hearing on the March 28, 2023. The notice advised residents that copies of the draft Second Amendment were also available on the City’swebsite from February 23, 2023, to March 27, 2023. Additionally, the notice stated that hard copies of the document were available at the City of Orange Printed on 3/22/2023Page 2 of 3
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Item #: 10.1. 3/28/2023 File #: 23-0115
27, 2023. Additionally, the notice stated that hard copies of the document were available at the counters of the Community Development Department, Orange Main Public Library, and City Clerk Office.

7. ATTACHMENTS
· Second Substantial Amendment to the 2021-2022 Annual Action Plan · Draft HOME-ARP Allocation Plan
City of Orange Printed on 3/22/2023Page 3 of 3
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143

CITY OF ORANGE
SECOND SUBSTANTIAL AMENDMENT TO 2021 ANNUAL ACTION PLAN Community Development Block Grant
(CDBG) and HOME Investment
Partnerships (HOME)
Jurisdiction(s): City of Orange, CA
Website: https://www.cityoforange.org/
Contact Person: Jessica Herrera
Senior Administrative Analyst
Community Development Department
300 E Chapman Avenue, Orange, CA 92807
Telephone: 714-744-7270
Email: [email protected]
The City of Orange, CA (City), is a federal entitlement community that receives annual allocations of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). The City is required to prepare an Annual Action Plan detailing the uses of entitlement funds to meet its affordable housing and community development goals as outlined in its Consolidated Plan.

According to 24 CFR 91.505 and the City’s Citizen Participation Plan, the City of Orange has determined that the following actions will require a substantial amendment:
 In response to the Coronavirus 2019 (COVID-19) pandemic, the U.S. Department of Housing and Urban Development (HUD) has notified the City of Orange that it will receive an allocation of HOME-ARP Funds in the amount of $1,655,186 to be used for eligible activities for qualifying populations. This allocation was authorized by the American Rescue Plan Act of 2021, Public Law 117-2, which was signed into law on March 11, 2021, to respond to the growing effects of this unprecedented public health crisis.

As the City of Orange will receive HOME - ARP funds, a Substantial Amendment to the Program Year 2021 Annual Action Plan is necessary. In accordance with HUD guidance, the City is providing no less than thirty (30) days for public review and comments.

The HOME – ARP funds allocated under the American Rescue Plan (ARP) may be used for a range of eligible activities, as allowed under24 CFR Part 92.2 to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non-congregate shelter, to reduce homelessness and increase housing stability. Eligible activities include (1) Production or Preservation of Affordable Housing, (2) Tenant-Based Rental Assistance, (3) Supportive Services, Homeless Prevention Services, and Housing Counseling, and (4) Purchase and Development of Non-Congregate Shelter. As such, the City proposes the following:

SOURCE Amount
FY2021 HOME ARP $1,655,186
USES
Provide supportive
services to the qualifying
populations
$1,572,426.70
144
Administration and
Planning
$82,759.30
TOTAL $1,655,186
Proposed Substantial Amendment
Pursuant to Title 24 CFR Part 92, the City will perform a substantial amendment of its approved Annual Action Plan whenever there is a substantial change in the purpose, scope, location, or beneficiaries of an existing activity when one of the following occurs:
 A change in goals and policies of the AAP;
 Allocation of CDBG and HOME funds, including program income, to a new activity not previously described in the AAP;
 Substantial change in the purpose, scope, location, or beneficiaries of an existing activity; or  Reallocation of more than 20% of CDBG or HOME entitlement funds for the program year.

This substantial amendment request will allow the City to add the HOME-ARP funding source and uses to the Program Year 2021 Annual Action Plan.

Public Comments
The City will address and incorporate any comments received during the 30-day public commenting timeframe between February 23, 2023 and March 27, 2023. A public hearing will be held on March 28, 2023.

If you require reasonable accommodations, please contact 714-744-7242 to discuss your needs.

Translation services available upon request.
145
HOME Investment
Partnerships
Program
American Rescue
Plan
Substantial Amendment to
2021 Annual Action Plan

HOME-ARP ALLOCATION
PLAN
March 2023
146
2 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN

HOME-ARP ALLOCATION PLAN
HOME Investment Partnerships (HOME) Program
American Rescue Plan
147
3 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN

TABLE OF CONTENTS
INTRODUCTION .......................................................................................... 4 CONSULTATION ......................................................................................... 4 PUBLIC PARTICIPATION .......................................................................... 14 NEEDS ASSESSMENT AND GAP ANALYSIS ......................................... 16 HOME-ARP ACTIVITIES ........................................................................... 30 HOME ARP PRODUCTION HOUSING GOALS ....................................... 31 PREFERENCES ........................................................................................ 31 HOME- ARP REFINANCING GUIDELINES .............................................. 31 REFERRAL METHODS ............................................................................. 32 APPENDIX A: Public Participation Comments .......................................... 40 APPENDIX B: HOME-ARP Certifications & SF 424 Form ........................ 51 148
4 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN

INTRODUCTION
The City of Orange’s HOME-American Rescue (ARP) Allocation Plan describes how the City of Orange engaged in the consultation and public participation process as part of the Plan’s development and requirements. It outlines how the City will use HOME-ARP funds to address the needs of qualifying populations who are defined as persons who are: (1) homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C.11302(a)) (“McKinney-Vento”); (2) at risk of homelessness, as defined in section 401 of McKinney-Vento; (3) fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; (4) part of other populations where providing supportive services or assistance would prevent a family’s homelessness or would serve those with the greatest risk of housing instability; or (5) veterans and families that include a veteran family member that meet the criteria in one of (1)-(4) above.

The City will receive $1,655,186 in HOME-ARP funding to be used in accordance with the HOME-ARP Guidelines and as described in this Allocation Plan.

The eligible activities for HOME-ARP activities are as follows:

1. Administration and Planning Costs;

2. Development of Rental Housing (Acquisition, Rehabilitation, Construction);

3. Development of Non-Congregate Shelter (Acquisition, Rehabilitation, Construction);

4. Tenant-Based Rental Assistance (TBRA);

5. Supportive Services; and

6. Nonprofit Operating and Capacity Building Assistance.

The contents of this plan will address how the City of Orange proposes to use its HOME-ARP Funds in accordance with the eligible activity proposed in this HOME- ARP Allocation Plan.

The following are the major components addressed in the plan:

1. Consultation;

2. Public Participation;

3. Needs Assessment and Gaps Analysis;

4. Identification of HOME-ARP Activities;

5. HOME-ARP Production Goals;

CONSULTATION
The City of Orange undertook an extensive consultation process to encourage public participation in the development of its HOME ARP-Allocation Plan. The consultation meetings helped inform this HOME ARP-Allocation Plan by providing additional information and data on the four qualifying populations. The 149
5 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN
consultations also included one-on-one interviews with the qualifying population to assess needs and determine the gaps in services. Through the consultations, the City was able to identify gaps in shelter, housing, and other service delivery systems. Most importantly, the City identified potential collaborations for administering HOME-ARP eligible activities.

In accordance with the HOME-ARP Guidelines, the City consulted with the following agencies before developing its HOME-ARP allocation plan:
 Continuum of Care (CoC) agencies serving the jurisdiction’s geographic area;
 Homeless service providers;
 Domestic violence service providers;
 Veterans’ groups;
 Public housing agencies (PHAs);
 Public agencies that address the needs of the qualifying populations; and  Public or private organizations that address fair housing, civil rights, and the needs of persons with disabilities.

Stakeholder Consultation
The consultation meetings were held as follows:
 Consultation Meeting #1 – Virtual meeting
October 13, 2022, 7:00 p.m.
 Consultation Meeting #2 – Virtual meeting
October 18, 2022, 6:00 p.m.
 Consultation Meeting #3 – Weimer Room, 300 E. Chapman Avenue October 25, 2022, 6:00 p.m.
 Consultation Meeting #4 – Virtual Meeting
October 27, 2022, 7:00 p.m.
 Consultation Meeting #5 – Virtual Meeting
November 1, 2022, 4:00 p.m.
 Consultation Meeting #6 – Handy Park, 2143 E. Oakmont Avenue November 3, 2022, 6:00 p.m.
 Consultation Meeting #7 – El Camino Park, 400 N. Main Street November 10, 2022, 7 p.m.

The consultation meetings were coordinated to include public noticing and email invitations to all required participants under the HOME-ARP guidelines. 150
6 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN
The meetings included:

1. Overview of the funding available to the City under the HOME-ARP program;

2. PowerPoint Presentation by City staff describing the funding source, HOME-ARP Allocation Plan Process, and the eligible activities the City considered for inclusion in the HOME-ARP Allocation plan;

3. Solicitation of feedback for the needs of the Orange qualifying population.

The HOME-ARP Allocation Plan was developed following an extensive consultation and outreach effort. The City of Orange conducted extensive outreach activities beginning October 13, 2022. The City held over seven (7) consultation meetings to engage stakeholder groups in the process of its engagement efforts. In addition, fourteen (14) one-on-one interviews were held with homeless advocates, service providers, internal/external stakeholders including City staff, continuum of care partners, fair housing agencies, individuals from the qualifying populations beginning November 2022. The consultation meetings with stakeholders were held virtually and in person. Community Development staff also offered one-on-one consultations to accommodate individuals unable to attend the consultation meetings. For a complete list, please refer to table below.

The interviews were conducted by staff from the City’s Community Development Department and Community Services Department.

The consultations provided attendees with the HOME-ARP Program background, funding availability, eligible uses of funds, and the range of eligible activities to address the needs of the qualifying populations. The consultations were an essential part of assessing the needs of all the qualifying populations because it provided an opportunity to gather data maintained by other organizations.

Through the consultations, the City of Orange:
 Gathered data to understand the needs of the four qualifying populations;  Identified gaps in shelter, housing, or service delivery systems;  Determined eligible activities currently occurring within the City of Orange; and
 Identified potential collaborations for administering HOME-ARP eligible activities.

The consultation meetings with the stakeholders were advertised consistent with the City of Orange’s Citizen Participation Plan. Email communication was also sent to stakeholders. The outreach effort included advertisement via the City’s website and social media, flyers at City Hall Department counters and the Main Library, and on City monitors in at the City Clerk’s Office and Community Services Department. Meetings were also advertised on the City’s channel 3 station. 151
7 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN
Method of Outreach
Method of Outreach Date Target of Outreach
Flyers at:
 Community
Development
Department
 City Clerk Office
 Orange Main Library
 Friends Church
 Youth Centers of
Orange
October 13,
2022 –
November 10,
2022
 City Residents
 Community
Stakeholders
 Elected Officials
City of Orange Official
Website
October 11,
2022 - January
10, 2023
 City Residents
 Community
Stakeholders
 Elected Officials
Social media platforms:
 City of Orange
 The HUB OC
October 13,
2022-November
10, 2022
 City residents
 Community
Stakeholders
 Elected officials
Advertisement Monitors:
 Community Services
 City Clerk
October 13,
2022- November
10, 2022
 City Residents
 Community
Stakeholders
 Elected Officials
Direct email meeting
invitation
Starting October
1, 2022
 Continuum of Care
Service Providers
 Homeless Services
Providers
 Local Hospitals
 Fair Housing Agencies
 Food Service
Providers
 Local Partners (ie.

Starbucks, Full Circle,
City of Orange
Community Services
Department).
 CDBG Committee P
 Planning Commission
Members
 Elected Officials
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8 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN
City’s Channel 3 Station Starting October
13, 2022 –
November 10,
2022
 City Residents
 Community
Stakeholders
 Elected Officials
One-on-One Interviews Starting October
1, 2022
 Targeted recipients
 Providers
Public Notice Starting
December 1,
2022
Community at Large
Push Notifications of
Meetings
Starting October
1, 2022
Subscribers
The HUB OC newsletter October,
November
Subscribers
Organizations Consulted by Type and Method
The following table includes a list of outreach methods, the date of the meeting and the targeted audience.

Agency/Org Consulted Type of Agency/Org Method of
Consultation

CONTINUUM OF CARE AGENCIES (COC)
Coalition of OC
Community Health
Supports needs of
vulnerable populations
through service, education,
advocacy, and resources
Virtual stakeholder
meetings on 10/13/22,
10/18/22
Did not participate.

Orange County Health
Care Agency - County
of Orange Social
Services
Planning, implementing,
operating social services
One-on-one in-
person consultation
on 11/9/22
Orange County Health
OC Outreach and
Engagement (OC O&E)
Care coordinator, case
management, and
assistance to physical
health, behavioral health,
housing, and other
supportive services
Virtual stakeholder
meetings on 10/13/22,
10/18/22
One-on-one in-person
consultation on
11/9/22
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9 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN

HOMELESS SERVICE PROVIDERS
The HUB – Homeless
Resource Center (HRC)
Administrator
Local non-profit; homeless
services provider, clothing
provider through their thrift
store, and youth services
through the Youth Centers
of Orange
Virtual stakeholder
meetings 10/13/22,
10/18/22, 10/27/22,
11/1/22
In-person stakeholder
meeting 10/25/22,
11/10/22
Abound Food Prepare and deliver meals
to the HRC
Virtual stakeholder
meeting 10/13/22,
10/18/22
Did not participate.

HomeAid Family care and emergency
shelter
Virtual stakeholder
meetings 10/13/22,
10/18/22
Feeding Freedom Homeless food service
provider
Virtual stakeholder
meeting 10/13/22,
10/18/22
Did not participate.

Helping Hands Homeless service provider Virtual stakeholder meeting 10/13/22,
10/18/22
Did not participate.

Helping Homeless
Companions
Homeless pet service
provider
Invited to virtual
stakeholder meetings
10/13/22, 10/18/22
One-on-one in-person
interview on 11/9/22
Hospital Association of
S. California
Homeless service provider Invited to virtual
stakeholder meeting
10/13/22, 10/18/22
Did not participate.
154
10 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Hurtt Family Clinic Homeless health service
provider
Invited to virtual
stakeholder meeting
10/13/22, 10/18/22
Did not participate.

Lestonacc Medical care and vision
services
Invited to virtual
stakeholder meeting
10/13/22, 10/18/22
Phone consultation on
11/17/22
Love Orange Community Service
Provider
Invited to virtual
stakeholder meeting
10/13/22, 10/18/22
Trellis Homeless Service Provider Virtual stakeholder
meeting 10/13/22,
10/18/22
Did not participate.

Clothing the Homeless Clothing provider for the
homeless
Virtual stakeholder
meeting 10/13/22,
10/18/22
Did not participate
Sisters of St. Josephs Homeless Service Provider Virtual meeting on 10/27/22
Assurance and
American Assistance
Provide free mobile devices
to homeless individuals
One-on-one in-person
interview on 11/15/22
Stay Connect.us Provide free mobile devices
to homeless individuals
One-on-one in-person
interview on 11/9/22
Full Circle Provides clothing assistance
to the homeless through the
HRC
Virtual stakeholder
meeting 10/18/22
Youth Centers of
Orange
Provide child-care
assistance for homeless
families through HRC
Virtual stakeholder
meeting on 10/18/22
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11 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN

DOMESTIC VIOLENCE SERVICE PROVIDERS
HomeAid Family care and emergency
shelter
Virtual stakeholder
meeting 10/18/22
Coalition of OC
Community Health
County of Orange
Continuum of Care
Virtual stakeholder
meeting 10/13/22,
10/18/22
Did not participate.

Volunteers of America Offers programs for
vulnerable populations
including domestic violence
victims and veterans and
their families
Virtual stakeholder
meetings on 10/13/22,
10/18/22
One-on-one in-person
consultation on
11/15/22
VETERANS’ GROUPS
Veterans of OC Veteran’s Advocacy Group Invited to virtual stakeholder meetings
on 10/13/22, 10/18/22
Did not participate.

FAIR HOUSING SERVICE AGENCIES
Fair Housing
Foundation
Housing Advocacy Virtual stakeholder
meetings on
10/13/22, 10/18/22
Phone consultation on
11/17/22

PUBLIC AGENCIES THAT ADDRESS NEEDS OF QUALIFYING

POPULATIONS
CDBG Program
Committee
City of Orange Federal
Funding Board of Review
Virtual stakeholder
meetings on 10/13/22,
10/18/22
156
12 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Orange Police
Department (HEART
Team, Bike Team,
Homeless Outreach
Specialists)
Referrals and assistance to
homeless individuals in the
City of Orange
Virtual Stakeholder
Meeting 10/13/22,
10/18/22, 11/1/22
City of Orange
Community Services
Department
Oversee operations and
services to homeless
community in the city
Virtual stakeholder
Meeting 10/13/22,
10/18/22, 11/1/22
In-person stakeholder
meetings on 11/3/22
and 11/10/22
OC Housing and
Community
Development
Oversee grants for housing
and homeless services
Virtual stakeholder
meetings on 10/13/22,
10/18/22, 12/9/22
Orange County Health
Care Agency - County
of Orange Social
Services
Planning, implementing,
operating social services
Virtual stakeholder
meetings on 10/13/22,
10/18/22
One-on-one in-person
consultation on
11/9/22
Orange County Health
OC Outreach and
Engagement (OC O&E)
Care coordinator, case
management, and
assistance to physical
health, behavioral health,
housing, and other
supportive services
Virtual stakeholder
meetings on 10/13/22,
10/18/22
One-on-one in-person
consultation on
11/9/22

AFFORDABLE AND SPECIAL NEEDS HOUSING PROVIDERS
Orange Housing
Development
Corporation (OHDC)
CHDO Virtual stakeholder
meetings on 10/13/22,
10/18/22
Did not participate.

C&C Development Affordable housing
developer
Virtual stakeholder
meetings on 10/13/22,
10/18/22
Did not participate.
157
13 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Acacia Housing
Advisors
Affordable housing
developer
Virtual stakeholder
meeting on 10/18/22
Mercy Housing Affordable housing
developer
Virtual stakeholder
meetings on 10/13/22,
10/18/22
Did not participate.

OC Housing Authority Housing choice voucher
administrator
Virtual stakeholder
meetings on 10/13/22,
10/18/22
Direct request for
interview on 11/28/22
Summary of Feedback Received from Consulted Organizations Through its consultation process with agencies that serve the qualifying populations in the City of Orange and region, an overwhelming support was voiced for supportive services, for the four HOME-ARP qualifying populationsin the City of Orange.

A great need was also expressed for non-congregate shelters to house the four qualifying vulnerable populations immediately.

Development of affordable housing was also referenced as the most significant issue facing the unsheltered population. There is lack of affordable housing in the County of Orange, as well with a trend of rising rents over the past few years. The lack of affordable housing options creates an obstacle to move those at risk or experiencing homelessness from shelter to permanent housing. Long waiting periods for shelters and affordable housing compound the situation. The issues are further compounded by an individual’s credit worthiness and stability.

Another recurring theme is that most landlords are not accepting Section 8 vouchers as they do not reflect current ‘market’ value of their units and landlords also do not want to deal with the red tape of the program when there are tenants willing to pay the higher rents. Historically, the Section 8 program has assisted in securing long-term affordable housing and is not keeping pace with rising rents or inventory. Tenant-based rental assistance (TBRA) was also discussed as a program that could compliment the development of affordable rental housing next to the HRC as an additional resource.

Additional feedback received is found in Appendix #A.
158
14 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN

PUBLIC PARTICIPATION
In accordance with the HOME-ARP Allocation Plan Guidelines, the City of Orange provided for and encouraged citizen participation in the development of the HOME-ARP allocation plan. Before submission of the plan, the City provided residents with reasonable notice and an opportunity to comment on the proposed Draft HOME-ARP Allocation Plan of no less than 15 calendar days as follows:
 Public comment period: From February 23, 2023 through March 27, 2023
 Public Hearing: March 28, 2023
To allow for additional comment and feedback, the City provided residents the opportunity to comment on two separate occasions from December 1, 2022 through December 19, 2022 and held a second Public hearing on January 10, 2023 during the development of the HOME-ARP allocation plan. In order to include accessibility accommodation language in the noticing, the City re-noticed the HOME-ARP Public Review Period, for 30-days from February 9, 2023 – March 11, 2023 to allow more opportunity for public review and comment.

Furthermore, the City held a Public Hearing on February 14, 2023, but continued the hearing to March 28, 2023 for the Substantial Amendment to the 2021-2022 Action Plan in order to add accessibility language to the notice. The first review period of the Substantial Amendment to integrate the HOME-ARP Allocation Plan was held from January 12, 2023 – February 11, 2023. The second review period for the Substantial Amendment to the 2021 Annual Action Plan was held from February 23, 2023 – March 27, 2023 and the public hearing was held on March 28, 2023.

In compliance with HOME-ARP guidelines, the City made the following information available to the public:
 The amount of HOME-ARP the City will receive, and
 The range of eligible activities the City will undertake.

Throughout the HOME-ARP allocation plan public participation process, the City followed its applicable fair housing and civil rights requirements and procedures for effective communication, accessibility, and reasonable accommodation for persons with disabilities and providing meaningful access to participation by limited English proficient (LEP) residents that are in its current citizen participation plan as required by 24 CFR 91.105 and 91.115.

Additional comments and recommendations received through the public participation process either in writing, or orally at a public hearing or otherwise are summarized and included in Appendix #A.
159
15 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Efforts to Broaden Public Participation
To broaden the public participation process, the City developed an extensive mailing list of the appropriate agencies required for consultation and the consultation meetings were coordinated to include public noticing, email invitations and telephone calls to all required participants under the HOME-ARP guidelines. For those unable to attend a meeting, telephone conferences and one- on-one opportunities were made available. Special accommodations and translation services were offered.

The City also provided opportunities for an extended review and comment period of the HOME-ARP Allocation Plan to allow for additional public participation.

In compliance with the HOME-ARP guidelines, all notices were published in the Orange City News which is a newspaper of general circulation. The public participation process included noticing via direct email to stakeholders, advertisement on all City Hall tv monitors (City Clerk, Community Services), flyers at public counters (City Clerk, Community Services, Community Development, Youth Centers of Orange, Friends Church); advertisement on the City of Orange Official Website and City of Orange social media platforms including Facebook, City push notifications to subscribers of news items, and Channel 3. Notification of the Public Hearing was also communicated via email to the mailing list of stakeholders and to attendees at all the consultation meetings.

A hard copy of the Plan was made available at the Community Development Department Counter, City Clerk’s Office, Orange Main Library, and a digital copy was made available on the City’s website.

City staff also placed individual and personal calls to groups that were unable to attend the consultation meetings. Special accommodations were made available for anyone needing them to ensure every opportunity was used to pursue additional feedback to inform the Allocation Plan.

All comments or views were considered orally and in writing and incorporated herein in the process of preparing the HOME-ARP allocation plan.

Summary of Public Comments
December 1, 2022 to December 19, 2022 – First Allocation Plan Public Review and Comment Period:
 There were no public comments during the public comment period.

January 10, 2023 – Public Hearing on HOME ARP Plan
 See Appendix A for a summary of comments received.
160
16 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN February 9, 2023 to March 11, 2023 – Second HOME ARP Plan Public Review and Comment Period:
 There were no public comments during the public comment period.

March 14, 2023 – Public Hearing to consider HOME-ARP Plan  There were no public comments during the public hearing.

March 28, 2023 – Public Hearing on Substantial Amendment to the Fiscal Year 2021 Annual Action Plan to integrate the HOME-ARP Plan
 Pending public hearing
Public Comments and Recommendations Not Accepted and Reasons Email comment received October 18, 2022 (Appendix A) addressed directly with developer.

NEEDS ASSESSMENT AND GAP ANALYSIS
The City of Orange evaluated the size and demographic composition of the qualifying populations within its boundaries and assessed the unmet needs of each of the qualifying populations to identify gaps and needs within its current shelter and housing inventory, as well as the service delivery system. The City used current data, including point in time count, housing inventories, and other data available through CoCs, and consultations with service providers to quantify the qualifying populations.

HOME- ARP Eligible Qualifying Populations
The American Rescue Plan Act (ARP) defines qualifying individuals or families, including Veterans, that are:

Homeless as defined in 24 CFR 91.5 (1)
Chronically homeless means:

1. A “homeless individual with a disability,” as defined in section 401(9) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(9)), who:
 Lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and
 Has been homeless and living as described in paragraph (1)(i) of this definition continuously for at least 12 months or on at least 4 separate occasions in the last 3 years, as long as the combined occasions equal at least 12 months and each break in homelessness separating the occasions included at least 7 consecutive nights of not living as described in paragraph (1)(i). Stays in institutional care facilities for 161
17 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN fewer than 90 days will not constitute as a break in homelessness, but rather such stays are included in the 12-month total, as long as the individual was living or residing in a place not meant for human habitation, a safe haven, or an emergency shelter immediately before entering the institutional care facility;

2. An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility,hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or

3. A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraph (1) or (2) of this definition, including a family whose composition has fluctuated while the head of household has been homeless.

At Risk of Homelessness- as defined in 24 CFR 91.5 (2)
The number of individuals at risk of homelessness is difficult to assess given an individual’s circumstances can change overnight. An individual at risk of homelessness is defined in 24 CFR 91.5 as those that have an annual income below 30 percent of median family income for the area at the greatest risk of homelessness, especially those that do not have family, friends, or other social networks to rely on. An individual at risk of homelessness is best described in meeting one of the following conditions:

1. Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance;

2. Is living in the home of another because of economic hardship;

3. Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance;

4. Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal , State, or local government programs for low-income individuals;

5. Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the U.S. Census Bureau;

6. Is exiting a publicly funded institution, or system of care (such as a health- care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or

7. Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the recipient's approved
162
18 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice (3) Any individual or family who:

1. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;

2. Has no other residence; and

3. Lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, to obtain other permanent housing.

Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability, as defined by HUD in the Notice (4)
A youth (17 years or younger) not accompanied by an adult (18 years or older) or an adult without children, who is homeless (not imprisoned or otherwise detained pursuant to an Act of Congress or a State law), including the following:

1. An individual who lacks a fixed, regular, and adequate nighttime residence; and

2. An individual who has a primary nighttime residence that is:
 A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill);  An institution that provides a temporary residence for individuals intended to be institutionalized; or
 A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

Size and Demographic Composition of Qualifying Populations within the City’s Boundaries
Homeless Population - as defined in 24 CFR 91.5 (1)
All data charts listed below are based on the Orange County 2022 Point in Time Summary. All reported data are reflective of the County as a whole and demographic data is not broken down to the city level.

Every two years, the Point in Time count is conducted by the Orange County CoC to assess the population of individuals experiencing homelessness. The 2022 Orange County Point in Time count indicated that the county has a total of 4,510 homeless individuals with 2,806 unsheltered persons and 1,704 sheltered 163
19 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN persons. There is a total of 1,201 homeless individuals in household with at least one child under the age of 18 and 950 are sheltered and 251 are unsheltered.

Between the count in 2019 to 2022, the county overall saw a decrease in total homeless population for both adults and household with at least one child under the age of 18. In 2019 there were a total of 5,296 homeless individuals and it decreased by 768 individuals in 2022, which is a 14% decrease. For households with children, there were 1550 persons in 2019 and it decreased by 349 individuals, which is a 16% decrease.

The Orange County Coc is broken down into various planning areas, the City of Orange is within the North Service Planning area. The detailed breakdown of demographic information of homeless individuals is not available down to the city.

In 2022, the Orange County CoC North Service Planning area has a total of 1,115 unsheltered individuals and 1,306 sheltered individuals. Out of those individuals, the City of Orange makes up 134 unsheltered individuals and 116 sheltered individuals bringing the city’s total homeless count to 250.

Due to the COVID-19 pandemic, point in time counts were not conducted in 2020 or 2021. In 2019, the city’s number of homeless individuals was 341 individuals and the 2022 point in time count suggest that the number decreased by 27% to 250. The number of sheltered individuals decreased by 22% from 148 in 2019 to 116 in 2022. The number of unsheltered in individuals decreased by 30% from 193 individuals to 134 in 2022.

Homeless by Household Status
Summary of Persons in Each Household
Type Sheltered Unsheltered Total
Persons in households without children 1704 2806 4510
Persons in households with at least one
adult and one child 950 251 389
Children under age 18 594 121 715
Persons over age 18 356 0 486
Persons in households with only children 0 7 7
Data Source: County of Orange 2022 Point in Time Summary. Data references the County level and includes City of Orange. Demographic data down to the City of Orange level is not available.
164
20 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Demographic Summary by Race
Race Sheltered Unsheltered Total
American Indian or Alaska Native 93 118 211
Asian 99 96 195
Black or African American 293 190 483
Native Hawaiian or other Pacific Islander 26 31 57
White 2056 2000 4056
Multiple Races or Other 94 622 716
Data Source: County of Orange 2022 Point in Time Summary. Data references the County level and includes City of Orange. Demographic data down to the City of Orange level is not available.

Summary of other Populations Reported
Homeless Population Sheltered Unsheltered Total
Adults 2,060 2,936 4,996
Veterans 135 145 280
Victims of Domestic Violence 226 289 515
Chronic Homelessness 791 1,617 2,408
Substance Use Issues 416 1217 1,633
Physical Disability 512 945 1,457
Mental Health Issues 578 867 1,445
Developmental Disability 39 419 458
HIV/AIDS 77 52 129
Data Source: County of Orange 2022 Point in Time Summary. Data references the County level and includes City of Orange. Demographic data down to the City of Orange level is not available.

Sheltered Homeless Population (1)
The 2022 sheltered point-in time count identified 2661 people experiencing sheltered homelessness in Orange County, there were 1,306 in the North Service Planning area and 116 of people were in the City of Orange. Among the individuals experiencing sheltered homelessness in Orange County:
 64% (1,704) were in households with adults only; 35.7% (950) were in households with at least one adult and one child, which is further broken down to 13.4% (356) adults in family units and 22.3% (594) children in family units; unaccompanied youth made up 0.003% (7)
 72.7% (1,934) were over the age of 24; 4.7% (126) were between the age 18-24; and 22.6% (601) were under the age of 18
 51.5% (1,370) identified as male; 48.1% (1,280) identified as female; 0.15% (4) identified as transgender; 0.2% (6) identified as gender not singularly male or female; 0.04% (1) person identified as questioning. 165
21 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  54.7% (1,455) identified as Hispanic or Latino; 45.32% identified as Non- Hispanic or Non-Latino
 3.49% (93) identified as American Indian or Alaska Native; 3.72% (99) identified as Asian; 11.01% (293) identified as Black or African American;

0.98% identified as Native Hawaiian or other Pacific Islander; 77.26% (2,056) identified as White; 3.53% (94) identified as multiple races or other.  0.05% (135) were veterans
 38.40% (791) meet the definition of experiencing chronic homelessness  20.19% (416) were adults with substance use issues
 24.85% (512) were adults with physical disability
 28.06% (578) were adults with mental health issues
 1.89% (39) were adults with developmental disability
 10.97% (226) were adults that survived domestic violence  3.74% (77) were adults with HIV/AIDS
Unsheltered Homeless Population (1)
The 2022 unsheltered point-in-time count identified 3,057 unsheltered homelessness in Orange County, there were 1,113 in the North Service Planning area and 134 were in the City of Orange. Among the individuals experiencing unsheltered homelessness in Orange County:
 91.7% (2,806) were in households with adults only; 0.08% (251) were in households with at least one adult and one child, which is further broken down to 0.04% (130) adults in family units and 0.04% (121) children in family units.
 92.4% (2,827) were over 24; 3.57% (109) were between the age 18-24;

3.96% (121) were under 18
 73.50% (2,247) identified as male, 25.81% (789) identified as female;

0.43% (13) identified as transgender; 0.13% (4) identified as gender not singularly female or male, and 0.13% (4) identified as questioning  34.22% (1,046) identified as Hispanic or Latino; 65.78% (2,011) identified as Non-Hispanic or Non-Latino
 3.6% (118) identified as American Indian or Alaska Native; 3.14% (96) identified as Asian; 6.22% (190) identified as Black or African American;

1.01% (31) identified as Native Hawaiian or other Pacific Islander; 65.42% (2,000) identified as White; 20.35% identified as multiple races or other  0.05% (145) were veterans
 55.07% (1,617) meet the definition of experiencing chronic homelessness  41.45% (1,217) were adults with substance use issues
 32.19% (945) were adults with physical disability
 29.53% (867) were adults with mental health issues
 14.27% (419) were adults with developmental disability  9.84% (289) were adults that survived domestic violence 166
22 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  1.77% (52) were adults with HIV/AIDS
At-Risk of Homelessness- as defined in 24 CFR 91.5 (2)
The definition of those who are at risk of homelessness includes individuals and families who have an annual income below the 30% of the median family income for the area as defined as HUD. They do not have sufficient resources or support networks, immediately available to prevent them from moving to an emergency shelter or place not meant for habitation and experience risk factors of homelessness including recent housing instability or exiting a publicly funded institution or system of care.

HUD Comprehensive Housing Affordability Strategy (CHAS) 2014-2018 data Table 10 provides information on overcrowding among households that include more than one family, by household income level. This CHAS data indicates there are approximately 6,715 households with incomes below 30% AMI that are at risk of homelessness in Orange.

Other Population: At greatest risk of housing instability – Households with incomes < 30% AMI and experiencing severe housing cost burden (4) Households who are at greatest risk of housing instability are households with incomes below 30% AMI. HUD Comprehensive Housing Affordability Strategy (CHAS) 2014-2018 data Table 10 provides information on households that include more than one family, household income level and overcrowding. This CHAS data indicates there are approximately 6,715 households with incomes less than 30% AMI with approximately 4,625 renters and 2,090 owners who have household income below 30% AMI. Households who have severe housing problem makes up a total of 10,625 with 3,750 owners and 6,875 renters.

City of Orange CHAS Data
Owner Renter
<=30% AMI 2,090 4,625
Household has at least 1 of 4 housing
problems 1,575 3,720
Household with severe housing
problems 3,750 6,875
167
23 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Unmet Housing and Service Needs of Qualifying Populations Unmet Housing Needs of Qualifying Populations
For households with the greatest risk of housing instability, there is a lack of affordable rental housing in the city. The table below highlights, there are only

6.8% (1,196) rental units available to households below 30% AMI and 11.6% (2,054) rental units available to households between 30%-50% AMI. The level of need for rental units for households with less than 50% AMI is more than two times the available units with a total gap of 4,370 units.

Housing Needs Inventory and Gap Analysis
Available
Units
Level of
Need
HH with at
least 1
Housing
Problem
GAP
(Units-
Level of
Need
Total Rental Units 17,679
<=30% AMI 1,196 4,625 3,720 -3,429
>30% to <=50% AMI 2,054 2,995 2,730 -941
Total <=50% AMI 3,250 7,620 6,450 -4,370
Data Source: ACS 2021 and HUD 2015-2019 CHAS
Based on the collected data in the Orange County PIT and CoC Housing Inventory Count, the number of shelter beds are limited at the County level. There is a gap of 456 beds for the adult homeless population. There are currently 4,996 homeless adults in the county, while the total number of beds available across emergency shelter, transitional housing, permanent supportive housing, and other permanent supportive housing is 4,531.

Unmet Service Needs of Qualifying Populations
Following consultation with the required agencies and data collection, it was determined that the unmet service needs for the qualifying populations in the city are supportive services to include:
 Food/Water
 Shower and Laundry facilities
 Clothing
 Electronic charging stations
 Hygiene supplies
 Mail services
 Centralized location for CoC providers
 Outreach services
 Case management
168
24 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  Substance Abuse Treatment
 Job training and resources to employment
 Case management services
 Life skill training
The following data was compiled by the local Homeless Resource Center (HRC) who serves all four qualifying populations in the City of Orange:
 Individuals: 150 daily
 Families: 2-3 weekly
 Veterans: 30 daily
 Youth: 10 weekly
 At Risk: 115 weekly
 Fleeing Domestic Violence: Approximately 30 daily
 Stalking: 50 daily, based on PTSD, mental health, addiction and trauma.

Many believe they are being stalked.
 Human Trafficking: 3 women a day
 Populations where supportive services would prevent a family’s homelessness: 25-50 a week
 Those with the greatest risk of housing instability: 150 daily  Victim services hotline call volumes: 50 calls a day on behalf of our patrons. Only: 2-5 individuals will benefit from the hotline calls. It all depends on who answers the phone on the other end.

Staff at the HRC familiar with the Orange clientele provided the following information of the needs for each of the qualifying populations they serve:
 Homeless: Being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs and financial relief  Individuals: Being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs and financial relief  Families: Safe environments/ low stress environments, being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs and financial relief
 Veterans: Being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs and financial relief  Youth: Safe environments/ low stress environments. Being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs and financial relief
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25 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  At Risk: Safe environments/ low stress environments. Low barrier and quick responsive resources. Being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs and financial relief
 Fleeing Domestic Violence: Safe environments/ low stress environments.

Low barrier and quick responsive resources. Being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs and financial relief
 Stalking: Safe environments/ low stress environments. Low barrier and quick responsive resources. Being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs, and financial relief
 Human Trafficking: Safe environments/ low stress environments. Low barrier and quick responsive resources. Being advocated for, meals, basic hygiene needs, emotional, mental health care, sheltering or housing, jobs and financial relief
All of the feedback was also considered in addition to local data collected at the HRC to determine unmet service needs of the qualifying population.

Current Resources Available to Assist Qualifying Populations Current Homeless Housing Inventory
Family
Beds
Family
Units
Adult
Beds
Adult
Units Vet Beds
Emergency
Shelter 634 176 1,875 N/A 0
Transitional
Housing 711 234 157 N/A 81
Permanent
Supportive
Housing
1,279 391 1,514 N/A 1,178
Other
Permanent
Housing
622 229 985 N/A 0
Data Source: HUD 2022 Continuum of Care Housing Inventory Count. Data references the County level and includes City of Orange. Demographic data down to the City of Orange level is not available.

According to the 2022 Orange County Housing Inventory Count Report, and the data collected at the local level, there are several resources available at the County level to assist qualifying populations as follows:
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1. Emergency shelter allows for short term stays. Currently there are 634 family beds, 176 family units, 1,875 adult beds, and 0 bed available for veterans.

2. Transitional housing generally allows for a stay of up to 24 months. In the county there are 711 beds and 234 family units, 1,514 adult beds, and 81 are reserved specifically for vets. Family beds and units are for household with one adult and at least one child under age 18.

3. Permanent supportive housing is housing assistance (long-term leasing or rental assistance) with supportive services provided with households to achieve housing stability. There are 1,279 beds and 391 units for families, 1,514 beds for adults, and 1,178 for veterans.

4. Other permanent housing includes housing with services that does not require disability required for entry. There are 622 beds and 229 units for families, 985 beds for adults, and 0 for veterans.

5. Congregate and non-congregate shelter units is (1) Congregate housing is for displaced, elderly and handicapped persons or families in which some or all of the individual dwelling units do not contain kitchen facilities, and which has a central dining facility to provide nutritious and economical meals for the residents. (2) Non-congregate shelter is the term used for emergency shelters that provide accommodations in a way that provides private space for guests. Non-congregate shelter is generally provided via motel rooms and is a proven way to limit the spread of COVID 19 among people experiencing houselessness.

Both congregate and non-congregate shelter units are available in North Service Planning Area, with shelters in Buena Park and Placentia, however the shelters are not administered by the city. The cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Villa Park, Stanton, and Yorba Linda through the North SPA Partnership collaborated with funding to create two full-service Navigation Centers to provide help to the region’s homeless. The local HRC provides services to connect individuals to these shelters, provide continuum of care services while individuals are waiting to be placed in the shelter, and services for those who declined shelter services. Additionally, the City’s HEART Team, and the Orange County Health OC&OE also provide the resources individuals need to seek shelter where beds are available.

6. Tenant Based Rental Assistance (TBRA) There are many different types of TBRA programs, but the most common type provides payments to make up the difference between the amount a household can afford to pay for 171
27 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN housing and the local rent standards. Other TBRA programs help tenant pay for costs associated with their housing, such as security and utility deposits. Currently, the City of Orange does not have a TBRA program.

However, the City is launching its TBRA with HOME funding in Fiscal Year 2023-24 to assist those the qualifying population.

7. Affordable and Permanent Rental Housing. Over the past 2.5 years, the City has committed HOME funding to four separate affordable housing developments. A total of 352 affordable units will be created in the community. One of the projects, is currently under construction. The city will be using its HOME funds to establish a TBRA program that will provide for additional housing support.

Other resources available to qualifying populations in the city include Local/State and Federal Funds in the form of:

8. CDBG Funding. The city received an allocation of $1,119,937 that can be used for public service organizations that serve the qualifying populations.

9. HOME Funding. The City received an allocation of $486,812 in HOME funds that is used for affordable housing development programs.

10. PLHA/Successor Agency Funds. Orange has joined with the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Villa Park, Stanton, and Yorba Linda in an unprecedented partnership called the North Service Planning Area (SPA). The North SPA Partnership is a joint collaboration that includes two full-service Navigation Centers to provide help to the region’s homeless. The HRC provides services to connect individuals to these shelters, provide continuum of care services while individuals are waiting to be placed in the shelter, and services for those who declined shelter services.

Gaps within the current shelter and housing inventory as well as the service delivery system
Based on the data gathered, the current shelter and housing inventory is not sufficient to meet the current needs in the City, County. or Region to house the unsheltered population.
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28 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Shelter Gap
Shelter Gap - Beds in Emergency Shelters and Transitional Housing Existing Bed Capacity (Emergency Shelter + Transitional Housing) 3,122
Total Homeless 5,711
Total Adult HH Homeless population 4,510
Total Family HH Homeless population 1,201
GAP
(Existing bed capacity -total homeless population) -2,589 The shelter gap methodology used to determine the shelter gap included the January 2022 PIT count of homeless individuals in Orange County and the CoC Housing Inventory Count. The data revealed the existing number of beds is not enough to assist the homeless population. There is a deficit of 2,589 beds in shelters and transitional housing.

The 2022 PIT does not break down the number of homeless populations by household type in the city. The PIT stated that there were 148 unsheltered homeless population in the City of Orange, but does not define how many were individuals, in family units, or children.

Affordable and Permanent Supportive Rental Housing Gap
There is an estimated gap of 3,200 rental units affordable to renter households with income less than 30% AMI. In addition, there are a total of 1,145 rental units affordable to household with 30%-50% AMI.

Affordable Rental Unit Gap
Renter Households with income at or below 30% AMI paying more than 50% of income for rent 3,200
Renter Households with income 30% to 50% AMI paying more than 50% of income for rent 1,145
Total Affordable Rental Unit Need 4,345
Housing Voucher Gap
Based on the input gathered from the Orange County Authority, there are 363 Section 8 housing vouchers that are held in the City of Orange. Furthermore, there are approximately 2,900 individuals placed on the waiting list for the voucher. One of the challenges with locating units for voucher holders is the limited affordable housing supply in the city. The city has a shortage of 4,370 affordable rental housing units.
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29 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Service Delivery System Gap
Data collected at the HRC and through consultation with the stakeholders and those experienced with working with the qualifying population, also helped inform the HOME-ARP Plan to identify the gaps in the service delivery system. The following are the service delivery gaps identified by the HUB OC at the HRC since working with the qualifying population since April 2022:
 Homeless: There are not enough beds available when an individual needs it most.
 Families: There are not enough places where there are beds for couples and often these families get split up.
 Veterans: Mental health services, Post Traumatic Stress Disorder (PTSD), available beds in shelters with wrap around services.
 Youth: Parents are not always placed in the same housing opportunity with their child and shelter is needed to accommodate them.
 At Risk: The need for PTSD, mental health, addiction, and trauma care in the moment of emergency.
 Fleeing Domestic Violence: Not enough Safe home bed availability.  Stalking: The need for PTSD, mental health, addiction and trauma care in the moment of emergency.
 Human Trafficking: The need for PTSD, mental health, addiction and trauma care in the moment of emergency. The need for PTSD, mental health, addiction, and trauma care in the moment of emergency  Populations where supportive services would prevent a family’s homelessness: Availability and space in all the programs they have access to are limited.
 Populations at greatest risk of housing instability: Not enough beds available when an individual needs it most. Availability and space in all the programs they have access to is limited.

The HRC has created an extended network of agencies and housing providers to assist in cases where shelter is an option for those willing to pursue it. Since it started operating in April 2022, together with all the partners, the HRC has successfully helped house over 100 individuals.

The families that are at risk or experiencing homelessness do not frequent the HRC at the same consistent rate as its regular clientele, but there are cases where families go the HRC out of desperation due to unforeseen circumstances.

Through its partnerships, temporary shelter is facilitated through the HRC along with services to assist the family. For example, if the family has minors, the HRC 174
30 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN will work with the Youth Centers of Orange to provide child-care so that the parent(s) are able to seek supportive services which can include crisis intervention or job search assistance.

For the homeless subpopulations served in Orange, many are chronically homeless because they suffer from severe mental illness, chronic substance abuse, HIV/AIDS, disabilities, and are veterans. The greatest challenge is they do not wish to seek shelter based on actual testimony from our interviews.

The greatest service delivery need for the qualifying population is meals, showers, laundry facility, hygiene kits, access to closing/socks, mail services, and a one- stop location connection to the Continuum of Care services offered. These services are not offered in the adjacent communities and the dire need is evidenced by the homeless clientele that the HRC serves and personal interviews with them in the process of developing this plan.

Priority Needs for Qualifying Populations:

The priority needs for the City of Orange’s qualifying population is supportive services with the greatest emphasis on the provision of meals, showers, laundry, mail service, access to clothing and the connection to CoC resources.

HOME-ARP ACTIVITIES
Administration of Eligible Activities
The City of Orange does not have the capacity to administer HOME-ARP eligible activities directly making it necessary to contract with a service provider to administer the activities on the City’s behalf. The City’s does not plan to directly administer HOME-ARP activities aside from program administration and planning.

Use of HOME-ARP Funding
The City of Orange will use its HOME-ARP allocation of $1,655,186 to provide supportive services which is an eligible HOME-ARP activity. The planned funding for supportive services is $1,571,427. The administration and planning costs will be within HOME-ARP limits as reflected in the table below.

Use of HOME-ARP Funding
Funding
Amount
Percent of
the Grant
Statutory
Limit
Supportive Services $ 1,571,427
Acquisition and Development of
Non-Congregate Shelters $ 0
Tenant Based Rental Assistance
(TBRA) $ 0
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31 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Development of Affordable Rental
Housing $ 0
Non-Profit Operating $ 0 0 % 5%
Non-Profit Capacity Building $ 0 0 % 5%
Administration and Planning $ 83,759 5 % 15%
Total HOME ARP Allocation $ 1,655,186
HOME-ARP Funds Distribution Plan
Rationale for Use of HOME-ARP Funds
The rationale for the use of HOME-ARP funds to provide supportive services was through the consultation process with local stakeholders, COC participants, agencies that represent the qualifying populations and the one-on-one interviews.

The data collected over the last year at the local level factored into the rationale for use of the HOME-ARP Funds.

HOME ARP PRODUCTION HOUSING GOALS
The city does not plan to produce affordable rental housing units with its HOME- ARP allocation.

The city does support affordable rental housing. Over the past 2.5 years in planning the production of affordable housing, the city has committed HOME entitlement funds to four affordable housing developers to develop affordable housing, including senior housing, a group that is also at risk of homelessness due to the fixed nature of their incomes and the potential for unseen circumstances that make them vulnerable. The total number of units that will be produced by the four developments financed with HOME funds is 186.

The city also uses program income from its HOME entitlement grant and from its successor agency (former Redevelopment Agency) to assist with the development of affordable housing.

The city will also launch a Tenant Based Rental Assistance Program (TBRA) with its regular HOME fund allocation as part of the 2023-24 Annual Action Plan process to compliment the affordable housing developments that are currently under construction and those that are in the pipeline .

PREFERENCES
The City of Orange does not intend to give preferences to any population or subpopulations.
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HOME-ARP REFINANCING GUIDELINES
The City of Orange does not intend to use HOME-ARP funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME-ARP funds.

Therefore, refinancing guidelines pursuant to 24 CFR 92.l206(b) do not apply.

REFERRAL METHODS
The City does not intend to use a coordinated entry (CE) process for referrals to a HOME-ARP project or activity. Homeless individuals who seek permanent housing solutions will enter the CE process after receiving services through the COC or housing case managers at The HRC. The referrals will be for a non- HOME-ARP project.
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APPENDIX A
Public Participation Comments
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CONTINUUM OF CARE AGENCIES (COC)
Orange County Health OC Outreach and Engagement (OC O&E)  Conduct outreach efforts to provide resources to get individuals off the street.
 Regularly goes to the HRC to provide services.
 Gaps: Need more office working space.
 Comments on HRC: pleased with the HRC as it provides a “hub” for individuals to receive assistance. Coordinated effort is making a visible difference.

OC Health County of Orange Social Services
 Services include speaking to clients on a weekly basis to determine if they need assistance.
 Focus is mental health wellness, appointments, and substance use treatment (behavioral health).
 Provides weekly visits from 9 a.m. - 12:30 p.m. at the HRC by appointment or outreach.
 Have had many successes.
 Work with the county clinic.
 Full-service partnership program contracted by the County to assist with mental health, housing, education opportunities and employment.  Gaps identified: lack of shelter beds.
 Comments on HRC: The HRC provides a structure in its operation. Staff is welcoming and provides tangible solutions. It is important to keep services centralized. The One-Stop shop idea needs to stay in effect. This is a great and effective program.

HOMELESS SERVICE PROVIDERS
The Hub - Homeless Resource Center (HRC) Administrator
 Partners have made a difference. Finding Partners in the community to come in and bring their services to the site such as medical and other services to people is great. Also, seeing the community donations, investment and show up is wonderful.
 HRC Partners with Abound Food, which is a fantastic partner. Mike and his team make sure there are balanced food meals. Protein, fruit, and vegetable in every meal. Served for breakfast and lunch, hot meals brought in twice a day. Temperature is right where it needs to be for health codes.

Found there was a transition from the food they were receiving at Mary’s.

Patrons say how they feel good and give thanks for the meals. They also know the meals are not expired and are well made and they will be receiving a balanced meal. Each week go over what is being given and approve. 179
35 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Also, non-perishables available when they leave, which are also balanced meals which contain vegetable, protein and the right items they need. To- go bags are also health conscious.
 Amazing work done. Impressed with all the hard work and teamwork.

HomeAid
 Gaps in service: availability of shelter beds.
 Comments on HRC: Supportive of continuing the work of the HRC.

Helping Homeless Companions
 Many clients own pets who have needs too.
 Provides assistance to healthcare, vaccinations, and spaying and neutering for pet companions of those experiencing homelessness at the HRC.  Food and other needs for pets are also provided
 Comments on HRC: Supportive of work being done at HRC.

Lestonnac
 Provides medical services to clients at the HRC, insurance does not matter.  Comes once a week. Assists 7-8 clients per visit.
 Provides glasses for homeless individuals on-site.
 Gap: Does not see a gap in services.
 Comments on HRC: Effective – interacts with homeless in the correct way.

Clients treated with respect and dignity. Efficient and ticket system is effective. Excited to be at HRC. Loves the HRC set up – just needs to be off the street. Effective because it is centralized and not at a shelter, so it doesn’t exclude those that don’t want to be in shelters – HRC has broad reach.

Love Orange
 Comments on the HRC: Supportive of services being provided.

Sisters of St. Josephs
 Requested to partner with the HRC in some capacity since helping the homeless community is part of their mission.

Assurance and American Assistance
 Provides cell phone and iPads for individuals who receive any type of State government assistance at HRC.
 Helps teach clients how to use communication devices.  Devices free from government for once year. Brand new devices. Different plan options.
 Comes twice a week to HRC and helps 0-9 people a visit.  Gaps identified: none.
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36 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  Comments on HRC: Feels HRC is an improvement and way it is managed is effective. Good Structure.

Stay Connect.us
 Provide activated phones to qualifying populations that are subsidized by government programs.
 T-Mobile contract provides life line services, and they are the master agent  Cell phones are not sold
 Program helps connect homeless individuals to services  Happy to have the HRC to continue service delivery
Full Circle
 Supportive of operations at HRC.
 Comments on HRC: Effective.

Youth Centers of Orange
 Has seen success stories at HRC.
 Comments on HRC: Effective. Great set-up.

DOMESTIC VIOLENCE SERVICE PROVIDERS
HomeAid
 Gaps in service: availability of shelter beds.
 Comments on HRC: Supportive of continuing the work of the HRC.

Volunteers of America
 Connects vets to SSVF to get permanent housing.
 Assists vulnerable populations, including victims of domestic violence.  Operates similar to city.net.
 Services provided include outreach, connection to shelters, appointments, buses, drug and alcohol rehab.
 Ultimate goal is long-term housing and getting resources for security deposits.
 Comes once a week to HRC, started in July. Will see bout 5-10 people a day.
 Gaps identified: Does not see major gaps. Would like to see more outreach organizations, maybe city.net. Would like to see more coordinated efforts with community-based policing where they can come to establish rapport.

Would be good to have medical come more often (ie Lestonnac), maybe twice a week (all medical, dental, vision). Feels very effective and accomplishes what it is supposed to. Applauds City for doing it.

Centralization is effective.
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37 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  Comments on HRC: Has seen some results. HRC set-up effective.

Structure makes it easy to locate individuals, provide basic needs, and assist in finding jobs.

VETERANS’ GROUPS
Volunteers of America
 Connects vets to SSVF to get permanent housing.
 Assists vulnerable populations, including victims of domestic violence.  Operates similar to city.net.
 Services provided include outreach, connection to shelters, appointments, buses, drug and alcohol rehab.
 Ultimate goal is long-term housing and getting resources for security deposits.
 Comes once a week to HRC, started in July. Will see bout 5-10 people a day.
 Gaps identified: Does not see major gaps. Would like to see more outreach organizations, maybe city.net. Would like to see more coordinated efforts with community-based policing where they can come to establish rapport.

Centralization is effective.
 Comments on HRC: Has seen some results. HRC set-up effective.

Structure makes it easy to locate individuals, provide basic needs, and assist in finding jobs.

FAIR HOUSING
Fair Housing Foundation
 Assists with people looking to rent, at-risk for homelessness.  Biggest issues are initial rental assistance. First month and deposits for housing are needed because most people live paycheck to paycheck and don’t have enough. For some, need up to three months’ rent (security deposit is double months’ rent and then first month).
 Gap identified: When clients have unforeseen circumstances, they have no money to pay. Would be good to provide for one time assistance for unforeseen circumstances. Additionally, would be good to provide assistance with security deposits and first month’s rent. Feels need for more 182
38 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN landlord/tenant info for those at risk, without that tenants make bad decisions.
 Comments on HRC: Asked to reach out to HRC to partner. Stated that the program sounded effective and something they would like to be involved with.

PUBLIC AGENCIES THAT ADDRESS NEEDS OF QUALIFYING POPULATIONS Orange Police Department (HEART Team, Bike Team, Homeless Outreach Specialist)
 The Police Department through its HEART Team has assisted approximately 100 individuals with a shelter placement.  The City of Orange is part of the North Orange County SPA agreement that contributed to funding shelters located in Buena Park, Placentia, and at Bridges in Anaheim. Some individuals are successful once sheltered, while others do come and go.
 Gradual process to get people off the streets.
 Gap identified: There is a demand for more housing and most people do have to wait as they have already surpassed last year’s numbers.  Comments on HRC: What is great about the HRC is that they give the Police Department structure to help those in need and get contacts that may have not been available in the past. They are taking giant steps moving forward with the help of the HRC. While the numbers do fluctuate depending on weather, funding, spaces, they are consistent, and they are on the move in the right direction.
 They’re very pleased with how the HRC is centralizing services for all qualifying populations
City of Orange Community Services Department
 The HRC partners with 50+ local organizations including non-profits, the City, the County, Orange Police Department, churches, heath/dental/vision providers and food services to provide daily hot meals, laundry, shower, clothing, mail, and social services to the unhoused.
 The HRC provides a safe space for the unhoused to come to be connected to housing and jobs and access other services that will assist them in getting out of homelessness.
 The HRC also provides preventative services to those who may be on the verge of becoming homeless, allowing them to focus their resources on maintaining their housing.
 Comments on HRC: Great plan. Supportive of operation.

OC Health County of Orange Social Services
183
39 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  Services include speaking to clients on a weekly basis to determine if they need assistance.
 Focus is mental health wellness, appointments, and substance use treatment (behavioral health).
 They’re very pleased with how the HRC is centralizing services for all qualifying populations
Orange County Health OC Outreach and Engagement (OC O&E)  Conduct outreach efforts to provide resources to get individuals off the street.
 Regularly goes to the HRC to provide services.
 Gaps: Need more office working space.
 Comments on HRC: pleased with the HRC as it provides a “hub” for individuals to receive assistance. Coordinated effort is making a visible difference.

AFFORDABLE AND SPECIAL NEEDS HOUSING PROVIDERS
Acacia Housing
 Appreciates seeing details of what he heard about in concept for use of HOME Funds.
 Big advocate of providing bricks and mort to permanently house the homeless.
 Advocate of integrating homeless into a larger community of similar demographic for seniors 62+.
 Currently working with the City of Orange to develop 74 affordable senior apartment units – Katella Terrace. Projects require financial support from the City.
 Please see Attachment A for prepared statement.
 Gap identified: We can’t deny the need for affordable housing.  Comments on HRC: Sounds effective.

COMMUNITY STAKEHOLDERS
Day Porter
 Clients at HRC are shown interest.
 Stated that clients speak to her and that they like HRC; clients ask her for prayers.
 Gaps identified: More bus voucher access and food variety.  Comments on HRC: Effective because noticed people’s demeanor change after going to HRC. At Mary’s Kitchen, they were drunk or high. 184
40 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Employee from Starbucks
 Local business owners, specifically Starbucks coffee, very supportive of the HRC.
 Noticeable decrease in loitering outside of their business and less disruptive behavior since the establishment of the HRC.
 Due to the cost of coffee and the supplies associated with a cup of coffee, it is not an item that is served at the HRC. During the consultation process, the HRC announced a partnership with Starbucks to offer coffee a couple days per week.
 Comments on HRC: Effective and support operations.

Resident/Community Member
 Great replacement program. This is being implemented by people that know how to handle the situation.
 Very consistent and respectable way people are being treated.  Proud of the City has pulled it together so quickly. A great example of what the city can do.
 As someone who has volunteered, witnessed a lot of food coming in for people to take with them such as frosted cake. The food given at Mary’s made you think about the nutrition that people need and the right food service. Whatever food was coming in was just being put in a bag and distributed out. Nice to know there is now a method to the way the meals are served, and how the food is being organized.

QUALIFYING POPULATION INTERVIEWS
Through the interviews with the qualifying population, staff was made aware of limitations related to those seeking shelter services, including restrictions placed on families and pets. The restrictions prevent families and those with pets from being sheltered in some cases because the shelter places limitations on who they will accept.

While some individuals indicated they have some form of a plan to get into housing, most individuals interviewed stated a preference for independent living arrangements, so their only option is to be homeless or live in a car. Many described bad experiences in the shelter system that has left them with no desire to seek any type of temporary shelter. For those who do seek a temporary shelter, the shelter beds near the City of Orange are at capacity.

The comments from the one-on-one interviews from the HRC clientele and general comments are as follows:
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41 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN Client A
 Client F travels six days a week to the HRC using several buses and spends up to two hours each way from Los Angeles to reach Orange where he has been receiving meals and services for nearly two decades.  When asked about his housing status, he said it took him a while to become sober, but with his sobriety he is hopeful of finding a job so that he can afford an apartment and live independently.
 Indicated he travels from Los Angeles to Orange to receive two hot meals, get a warm shower, do laundry, charge his phone, receive mail, and talk to his social workers who are helping him navigate through homeless services.

Client B
 He used to own a home and had a family but lost it all to addiction.  Went to Mary’s Kitchen for 10 years, now goes to the HRC.  Uses all the services at HRC.
 The showers are clean.
 The laundry service is great.
 He applied for housing and is on a waiting list.
 Doesn’t like shelters.
 Has a case worker at the HRC that is helping him find permanent housing.  Works as a day laborer at Home Depot.
 Receives social security income.
 Uses the mail services at the HRC for housing communication.  He likes the HRC and depends on it at the moment.
 He’s trying to fight addiction to get back on his feet.  Gap identified: He would like to see more variety with food and no coffee is offered.

Client C
 Employed full-time but uses the HRC as a stepping stone.  Not housed.
 Uses a bike/bus/car for transportation.
 Was affected by COVID and it set him back.
 Likes everything about the HRC.
 Uses the mail service.

Client D
 Started at HRC September 1, 2022
 Originally was at Riverbed five years ago then moved to Florida. Was staying in Orange in a car with his girlfriend and two dogs until breakup.  Used Mary’s kitchen before, felt that clothes more easily accessible then. 186
42 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  Has own health insurance.
 Trying to get into Bridges Shelter.
 Uses food/shower/laundry services.
 Had all possessions stolen; HRC provided clothing and items for him.  Has not tried to use services for employment.
 Likes that he has somewhere to go where he can get what he needs.  Receives $355 a month GR and asks for donations on street. States he will look for a job once he is in a shelter.
 Gaps identified: feels that there needs to be a better facility and more access to clothing. Stated Orange should have little, tiny homes for the homeless.
 Comments on HRC: Feels HRC has been helpful and effective.

Client E
 Has been coming to HRC since it opened.
 Has been in and out of places but gets robbed and beat up so she prefers to stay close to the Police Department. Likes that HRC is close to PD.  Has been trying to get into a shelter.
 Been dealing with a divorce for 8 years.
 Likes the HEART team.
 No income.
 Has been trying to come daily to use shower, laundry, and breakfast. Does not get lunch because needs to go to court.
 Gaps identified: coffee, but effective in that it gives her what she needs.

Client F
 Homeless since 2016.
 Stays in Anaheim in her car.
 Receives Social Security.
 Has housing vouchers Section 8 from Mercy Housing.
 Uses showers, laundry, and food services. Also uses mail services.  Has own health insurance.
 Gaps identified: More parking. Coffee and snacks such as donuts. More clothing accessibility. Would like it open on Sundays.
 Comments on HRC: Believes it is effective and efficient. Feels comfortable going to HRC and to approach workers. Feels it is great to have everything in once place.

Client G
 Been using services for a week.
 Feels safe at HRC. Stays in Orange on the street.
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43 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  Has been coming every day.
 Receives help from a friend and SSI $1347 a month.
 Dealing with a name change issues after identify theft.  Raised by a single mother.
 History of working as a security guard.
 Permanently disabled.
 Put name down for housing.
 Uses shower/laundry/food services and VOA.
 Gaps identified: Feels some clients should be banned and have Wi-Fi on- site.
 Comments on HRC: States volunteers are great, asked for a rain jacket and was given one along with a blanket.

Client H
 Sleeping in car since September 1. Used to stay on Riverbed.  Has health insurance. Trying to get back into Hurtt.
 Receives $898 a month. Pays for car, insurance, and helps mom. Cannot work because would not qualify for assistance.
 Multiple health issues/mental issues.
 Comes every day. Won’t go to a shelter because had bad experiences.

Stated she was sexually harassed, had stuff stolen.
 Uses mail services/showers/food services.
 Gaps identified: more food variety; coffee; more people to just listen; more clothing sizing options.

QUA
COMMENTS RECEIVED AT PUBLIC HEARING ON JANUARY 10, 2023

YING POPULATION INTERVIEWSQUALIFYING POPULATION INTERVIEWS Summary
Twelve comments were received from members of the public and HRC staff in favor of the HOME-ARP Allocation Plan.

Comments from Councilmember Barrios
 Had frank discussion on what was going on at Struck with Kisela when she took office. They are now seeing something completely different. City Manager said it is night and day.
 Connectivity at the site. Connecting with others in the City is key element that was missing before.

Comments from Chief of Police Dan Adams
 Havent had one violent crime since this group took over. Orange PD was at Mary’s Kitchen a lot.
188
44 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN  Had resouces desginated for fighting crime there. Now the resources are used to see how they can help. Crime has been great.
 Structure, leadership, true care is what we get from this group.  Truly believe in what they are doing and that is why it is successful.

PREPARED STATEMENTS RECEIVED

ON INTERVIEWSQUALIFYING POPULATION INTERVIEWS
189
45 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN 190
46 SUBSTANTIAL AMENDMENDMENT - HOME ARP ALLOCATION PLAN

APPENDIX B
HOME-ARP Certifications & SF 424 Form
191
To be attached at time of submission to HUD
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Agenda Item
City Council
Item #: 11.1. 3/28/2023 File #: 23-0185
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
First Study Session for the Proposed Fiscal Year 2023-24 Budget.

2. SUMMARY
This is the first study session in support of the preparation of the FY 2023-24 Budget. This study session is intended to provide the draft of the Five-Year Capital Improvement Plan for the period of FY 2023-24 through FY 2027-28.

3. RECOMMENDED ACTION
Receive and file the report and provide direction to staff.

4. FISCAL IMPACT
Fiscal impact will be determined with final budget adoption.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
b: Analyze future fiscal needs and potential revenue opportunities. c: Provide appropriate reserves.

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

6. DISCUSSION AND BACKGROUND
This is the first study session in support of the preparation of the City’sFY 2023-24 (FY 24) Budget and is intended to focus on presenting the draft Five-Year Capital Improvement Plan for the period of FY 23-24 through FY 27-28.

Introduction
The Five-Year Capital Improvement Plan (CIP) serves as a comprehensive budget and strategic planning tool used to determine the extent of future needs and identify sources of funding. Funding is provided by a variety of sources including development impact fees, transportation funds, grants, reimbursement agreements, and long-term financing.

The City continues to provide its residents and businesses with much needed capital improvements and infrastructure. As in recent years, we will maintain an increased level of capital improvement activity in Orange.

The FY 24 Five-Year CIP identifies 145 proposed projects. For FY 24 itself, there are 12 newly City of Orange Printed on 3/23/2023Page 1 of 5
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Item #: 11.1. 3/28/2023 File #: 23-0185
The FY 24 Five-Year CIP identifies 145 proposed projects. For FY 24 itself, there are 12 newly budgeted projects and 133 projects that are either a continuation of previously approved plans or anticipated to start during the out-years. With these proposed projects, the City Council will be investing over $36.2 million in the upcoming fiscal year and $125.6 million over the five-year planning horizon. This is in addition to project appropriations that will be carried over from the current fiscal year. This is a major investment in the City’sinfrastructure and represents a significant commitment to our community’s future.

As in previous years, the CIP will be funded through several funds. This includes $8.8 million from the City’s Enterprise funds (Sewer and Water); $5.9 million from the City’s Internal Service Funds (Equipment Replacement and Computer Replacement); $5.9 million from various Transportation funds (Traffic Improvement, Gas Tax Maintenance, Road Maintenance Rehabilitation); $4.9 million from the City’s Capital Project Fund; and $10.7 million from other funds.

In FY 24, there are ten identified category types. The most funded include a $9.6 million investment towards improvements of the City’swater infrastructure, $9.2 million towards various improvements in roads, a $4.4 million investment in the City’svehicle replacements, and a $3.1 million investment in City parks.

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Item #: 11.1. 3/28/2023 File #: 23-0185
Five-Year Capital Improvement Plan
The following are highlights of the FY 24 Five-Year CIP projects:

Orange Police Headquarters Atrium Rehabilitation
The Police Headquarters is over 30 years old, and the glass atrium roof has been past its useful life for several years, with an increasing number of water leaks continuing inside its lobby. The construction phase of this project will consist of replacement of the existing skylight roof system with a new metal deck and standing seam metal roof system, replacement of the facility’sHVAC system chiller, air handlers and other components, as well as the installation of photovoltaic panels and corresponding infrastructure on the existing building’s flat roof area. Bond funding from the successful issuance of Lease Revenue Bonds in July 2020, will be used to finance the project. The total cost of this project is estimated at $5.0 million and the project is estimated to be completed in December 2023.

Corporate Yard Renovations
A feasibility study for the City’sCorporate Yard (Corp Yard) renovation project was completed in October 2020 and design was completed in late 2022. The City plans to move forward with the first of two construction phases in FY 24. $1.0 million in funding has been included in the FY 24 CIP, for a total allocation of $6.5 million earmarked for the first phase of construction. This phase will focus on improving the Corp Yard’s space allocation by providing ample parking space for employees, designating raw material storage areas, enhancing paths of travel, maximizing equipment and vehicle storage, and redistributing storage for four City departments who utilize the space. The project also includes necessary improvements to comply with National Pollutant Discharge Elimination System (NPDES) environmental requirements as well as other modifications including surface and underground drainage systems, lighting, landscaping, installation of a perimeter wall, and striping.

Funding has been identified for the first phase of the project and construction is anticipated to begin in late summer 2023. Funding for the second phase of the project will be identified in future years and will include installation of prefabricated metal buildings for the Public Works, Community Services, City of Orange Printed on 3/23/2023Page 3 of 5
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Item #: 11.1. 3/28/2023 File #: 23-0185
Police, and Fire Departments.

Hart Park Pickleball and Fitness Circuit
In FY 22, Congressman Lou Correa secured $2.0 million in federal FY 22 Community Projects Funding for the proposed pickleball facility and fitness circuit, designed to fulfill the recreational needs of the surging pickleball community. Proposed facility amenities will include lighted pickleball courts, shaded outdoor fitness equipment, area and pathway lighting, paved access to courts, and other park features. The City committed an additional $750,00 to the project and intends to complete the design process, including environmental review and opportunities for public input in FY 24, with construction to follow.

Tot Lot Shade Sails Installation
As a long-standing Council initiative, shade sails have been installed over tot lots in multiple City park sites to protect users from sun exposure and heat from the equipment in warm summer months. In FY 24, the proposed sites for shade sail installations are Eisenhower and Killefer Parks with an estimated project cost of $223,000. Hart and Santiago Hills Parks will be proposed for FY 25, concluding the installation of shade sails over all tot lots in the City.

Pavement Management Program
This program identifies the condition of 320 miles of streets and identifies the maintenance needs of this roadway system. Approximately $6.8 million is requested in FY 24, and the project requires $6 million annually for slurry sealing, asphalt overlays, and reconstructions, and also includes landscaping maintenance activities within the street right-of-way. This program is funded from Measure M2, Community Development Block Grant, Capital Projects, and the Road Maintenance Rehabilitation Account funds. The program will focus on locations such as Fairhaven Avenue, Crawford Canyon Road, Yorba Street, Hewes Street, Orange-Olive Road, Metropolitan Drive, The City Drive and Via Escola.

Water Projects
Commitment of $5.6 million in FY 24 towards 10 water infrastructure projects intended to maintain or improve the City’s water production and distribution. This includes $1.5 million for pipeline replacement, which provides for the design and construction of water mainline replacements for the City's water system. Approximately two miles of pipeline are targeted to be replaced annually due to increasing age, substandard sizing, corrosion, or high maintenance. The program will focus on locations such as Heim Avenue and the surrounding residential streets near Batavia Street and Walnut Avenue. Additionally, $2.0 million is requested to complete the second phase of the construction of Well 28. The Orange County Water District is funding a conjunctive use and treatment program to assist with construction costs for this project in the amount of $2 million for FY 24 as well.

Sewer Projects
Commitment of $2.4 million to the Sewer Replacement Program will maintain or improve the City’s sewer pipe network, which provides for the design and construction of sewer mainline replacements for the City's sewer system. Approximately one mile of pipeline is targeted to be replaced annually due to increasing age, substandard sizing, corrosion, or high maintenance. The program will focus on locations such as Lomita Avenue, Orange Street, Grand Street, Oakmont Avenue, Everette Place, Orange Grove Avenue, and Pixley Street.

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Item #: 11.1. 3/28/2023 File #: 23-0185
Capital Projects Fund (500)
In previous years, the City Council has set-aside monies from the unreserved fund balance of the General Fund in the Capital Projects Fund (500) to reinvest in the City’sinfrastructure. In FY 23, the City was able to set aside $7 million in reserve funds for the Capital Projects Fund. Staff is recommending the following projects, totaling $3.15 million, which will provide much needed repairs and improvements to various City infrastructure for FY 24:

1. Pavement Management Program ($1,100,000);

2. City Facility Improvements ($725,000);

3. Streetlight Pole Replacement Program ($470,000);

4. Administration Building Improvements ($445,000);

5. Minor Traffic Control Devices ($200,000);

6. Main Library Improvements ($130,000);

7. Pedestrian Beacon Upgrades ($27,730);

8. Rolling File Cabinet Replacement ($25,000);

9. Municipal Parking Lot Maintenance ($20,000).

In addition to these projects, $1.75 million of Capital Project funding, collected as development fees from a housing development in the east side of Orange, has been earmarked for the Skate Park at Grijalva. The Skate Park was originally evaluated as a part of the Grijalva Master Plan, and has already concluded environmental review. Project design is anticipated to begin in the fall of 2023 and construction to begin in FY 25.

Conclusion
In the next few months, staff will continue to provide detail to the FY 24 Five-Year CIP. In addition, feedback from the City Council received at this study session will help refine our projects. The next study session, tentatively planned for April 25, 2023, will review projected revenues and expenditures for the City’s operations as well as Departmental Performance Measures, Goals, and Objectives.

7. ATTACHMENTS
· FY 24 Draft Five-Year Capital Improvement Plan
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Agenda Item
City Council
Item #: 11.1. 3/28/2023 File #: 23-0185
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
First Study Session for the Proposed Fiscal Year 2023-24 Budget.

3. RECOMMENDED ACTION
Receive and file the report and provide direction to staff.

4. FISCAL IMPACT
Fiscal impact will be determined with final budget adoption.

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

The FY 24 Five-Year CIP identifies 145 proposed projects. For FY 24 itself, there are 12 newly City of Orange Printed on 3/23/2023Page 1 of 5
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Item #: 11.1. 3/28/2023 File #: 23-0185
The FY 24 Five-Year CIP identifies 145 proposed projects. For FY 24 itself, there are 12 newly budgeted projects and 133 projects that are either a continuation of previously approved plans or anticipated to start during the out-years. With these proposed projects, the City Council will be investing over $36.2 million in the upcoming fiscal year and $125.6 million over the five-year planning horizon. This is in addition to project appropriations that will be carried over from the current fiscal year. This is a major investment in the City’sinfrastructure and represents a significant commitment to our community’s future.

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Item #: 11.1. 3/28/2023 File #: 23-0185
Five-Year Capital Improvement Plan
The following are highlights of the FY 24 Five-Year CIP projects:

Funding has been identified for the first phase of the project and construction is anticipated to begin in late summer 2023. Funding for the second phase of the project will be identified in future years and will include installation of prefabricated metal buildings for the Public Works, Community Services, City of Orange Printed on 3/23/2023Page 3 of 5
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Item #: 11.1. 3/28/2023 File #: 23-0185
Police, and Fire Departments.

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Item #: 11.1. 3/28/2023 File #: 23-0185
Capital Projects Fund (500)
In previous years, the City Council has set-aside monies from the unreserved fund balance of the General Fund in the Capital Projects Fund (500) to reinvest in the City’sinfrastructure. In FY 23, the City was able to set aside $7 million in reserve funds for the Capital Projects Fund. Staff is recommending the following projects, totaling $3.15 million, which will provide much needed repairs and improvements to various City infrastructure for FY 24:

1. Pavement Management Program ($1,100,000);

2. City Facility Improvements ($725,000);

3. Streetlight Pole Replacement Program ($470,000);

4. Administration Building Improvements ($445,000);

5. Minor Traffic Control Devices ($200,000);

6. Main Library Improvements ($130,000);

7. Pedestrian Beacon Upgrades ($27,730);

8. Rolling File Cabinet Replacement ($25,000);

9. Municipal Parking Lot Maintenance ($20,000).

7. ATTACHMENTS
· FY 24 Draft Five-Year Capital Improvement Plan
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Orange City CouncilMarch 28, 2023

Orange City Council
March 28, 2023