Agenda packet — Orange City Council, July 25, 2023

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

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
July 25, 2023
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 July 25, 2023
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda July 25, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Reverend Nicky Stade, Refuge OC

1.2 PLEDGE OF ALLEGIANCE
Councilmember Ana Gutierrez

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS

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

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:

3.2. Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal Year 2023-2024.

Approve the agreement with The Jungle Nursery, Inc ., in an amount not -to-exceed $96,250 for weed abatement services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with The Jungle Nursery, Inc.

Weed Abatement Contract Renewal Pricing
Weed Abatement City Parcel Maps
Attachments:

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3 City Council Agenda July 25, 2023

3.3. Second Amendment to agreement with Protel Communications, Inc. DBA ProTelesis for replacement desk phones.

Approve the second amendment to agreement with Protel Communications, Inc. doing business as ProTelesis in the amount of $ 132,816.26 for replacement desk phones; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment with Protel Communications, DBA ProTelesis Attachments:

3.4. Approval of plans and specifications for Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024; authorization to advertise for bids; and finding of CEQA exemption.

Approve plans and specifications and authorize advertising for Bid No. 23-24.03; SP-4259.

Recommended Action:

Staff Report
Location Maps
Attachments:

3.5. Approval of plans and specifications for Lomita Neighborhood Street Improvement Project, authorization to advertise for bids, and finding of CEQA exemption.

Approve the plans and specifications and authorize advertising for Bid No. 23-24.04; SP-4220.

Recommended Action:

Staff Report
Location Map
Attachments:

3.6. Final Acceptance of El Modena and Serrano Parks Tot Lot Resurfacing; and authorization to file Notice of Completion.

Accept El Modena and Serrano Parks Tot Lot Resurfacing as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.7. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Chapter 2.80 of the Orange Municipal Code regarding the obstruction and interference with enforcement of the Orange Municipal Code and Chapter 5.54 regarding impoundment of items related to sidewalk vending .

Ordinance No. 09-23.

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4 City Council Agenda July 25, 2023
Adopt Ordinance No. 09-23.

Recommended Action:

Staff Report
Ordinance No. 09-23
Attachments:

3.8. Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 5.53 to Title 5 of the Orange Municipal Code (Business Taxes and Regulations) establishing regulations for mobile vending vehicles on public and private property. Ordinance No. 11-23.

Adopt Ordinance No. 11-23.

Recommended Action:

Staff Report
Ordinance No. 11-23
Attachments:

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

4. REPORTS FROM MAYOR SLATER

4.1. Designation of voting delegate and alternate (s) for the 2023 League of California Cities (Cal Cities) Annual Conference & Expo.

Designate a voting member and at least one alternate to attend the Friday, September 22, 2023, League of California Cities Annual Business Meeting.

Recommended Action:

Staff Report
General Assembly Voting Guidelines
Attachments:

4.2. Formation of a Santiago Creek Commission.

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. Highlight Local Business (Gutierrez)

6. ADMINISTRATIVE REPORTS

6.1. Examination of Census Tract 219.14 (El Modena area) for Community Development Block Grant funding eligibility during Fiscal Years 2000 - 2023.

Receive and file.

Recommended Action:

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5 City Council Agenda July 25, 2023
Staff Report
Attachment 1 - Michael Baker International Study of Census Tract 219.14
Attachment 2 - 2020-2024 Consolidated Plan Eligibility Map Attachment 3 - 2021 Annual Action Plan Eligibility Map
Attachments:

6.2. Implementation of permit parking on both sides of Trenton Avenue between Grand and Shaffer Streets and both sides of Grand Street south of Trenton Avenue. Resolution No. 11484.

1. Approve permit parking on both sides of Trenton Avenue from the westerly property lines of 331 E. Trenton Avenue /1482 N. Grand Street to Shaffer Street and both sides of Grand Street from Trenton Avenue to the southerly terminus.

2. Adopt Resolution No. 11484. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.

Recommended Action:

Staff Report
NPPP Policy August 2022
Resolution No. 11484
Area Map
June 14, 2023, CTC Staff Report
DRAFT June 14, 2023, CTC Minutes
Attachments:

7. REPORTS FROM CITY MANAGER

8. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, August 8, 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: July 20, 2023

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6 Agenda Item
City Council
Item #: 3.1. 7/25/2023 File #: 23-0461
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
City of Orange Printed on 7/20/2023Page 1 of 1
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City Council
Item #: 3.2. 7/25/2023 File #: 23-0417
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal Year 2023-2024.

2. SUMMARY
The Fire Department is requesting City Council approval for the renewed Professional Services Agreement between the City of Orange and The Jungle Nursery, Inc. for Fiscal Year 2023-2024 for Fire Department weed abatement services on City and private lots. The majority of these services are designated for City owned lots.

3. RECOMMENDED ACTION
Approve the agreement with The Jungle Nursery, Inc., in an amount not-to-exceed $96,250 for weed abatement services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is not-to-exceed $96,250 and will be funded through General Fund (100).

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

6. DISCUSSION AND BACKGROUND
The Fire Department’smission is “toprevent or minimize the loss of life, damage to the environment, and loss of property from fire, medical emergencies, and hazardous conditions.”The Fire Department coordinates the clearing of dead vegetation from certain designated City owned lots to mitigate the risk of fires in the wildland urban interface areas. There are over twenty City owned lots that a private landscape company clears twice a year. Most of these lots are alongside roadways, in parks, creek beds, and open areas. In addition, the Fire Department is responsible for ensuring private property owners clear their own lots. If private property owners fail to clear their lots after multiple notices, the Fire Department will arrange for a private vendor to perform the service. Should this service be required, it is the responsibility of the property owner to reimburse the City.

The Jungle Nursery, Inc. has provided this service since 2013, receiving the highest RFP score based on customer service (ability to assign a lead worker to the project), previous experience, and City of Orange Printed on 7/20/2023Page 1 of 2
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based on customer service (ability to assign a lead worker to the project), previous experience, and competitive cost. During this time, the Jungle Nursery has maintained pricing for lot clearance and have increased “as needed” weed spraying costs by 5%. The Fire Department has been extremely satisfied with services provided and is requesting to renew the Weed Abatement Services Agreement with this vendor for Fiscal Year 2023-2024. The one-year cost for the Agreement is not-to-exceed $96,250, of which approximately $90,000 is dedicated for weed abatement efforts on City property.

The average annual expenditure for weed abatement services over the past 5 years is approximately $70,000. This amount will vary from year to year depending on the amount of precipitation and vegetation growth within the City owned parcels.

7. ATTACHMENTS
· Professional Services Agreement with The Jungle Nursery, Inc. · Weed Abatement Contract Renewal Pricing
· Weed Abatement City Parcel Maps
City of Orange Printed on 7/20/2023Page 2 of 2
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9 Agenda Item
City Council
Item #: 3.2. 7/25/2023 File #: 23-0417
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal Year 2023-2024.

4. FISCAL IMPACT
The total expenditure for this agreement is not-to-exceed $96,250 and will be funded through General Fund (100).

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

The Jungle Nursery, Inc. has provided this service since 2013, receiving the highest RFP score based on customer service (ability to assign a lead worker to the project), previous experience, and City of Orange Printed on 7/20/2023Page 1 of 2
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10 Item #: 3.2. 7/25/2023 File #: 23-0417
based on customer service (ability to assign a lead worker to the project), previous experience, and competitive cost. During this time, the Jungle Nursery has maintained pricing for lot clearance and have increased “as needed” weed spraying costs by 5%. The Fire Department has been extremely satisfied with services provided and is requesting to renew the Weed Abatement Services Agreement with this vendor for Fiscal Year 2023-2024. The one-year cost for the Agreement is not-to-exceed $96,250, of which approximately $90,000 is dedicated for weed abatement efforts on City property.

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _____ __________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and THE JUNGLE NURSERY, INC., a California corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provided such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

The Fire Department Administrative Captain (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed NINETY-SIX THOUSAND TWO HUNDRED FIFTY DOLLARS and 00/100 ($96,250.00) without the prior written authorization of City. Contractor shall be responsible for notifying th e City’s Project Manager if it appears that the not -to-exceed amount will be surpassed in the fiscal year and understands that no work can be compensated in excess of the not-to-exceed amount unless approved in writing by the City.

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have b een previously authorized in writing and approved by City as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Contractor.

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

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employ ee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of an y nature whatsoever.

Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligati on whatsoever.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
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9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Term. The term of this Agreement shall be for one year, commencing on July 1, 2023, and ending on June 30, 2024.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in w riting, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Reserved.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

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

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

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

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c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity.

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

(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

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

b. To the fullest extent permitted by law, Contractor agrees to indemnify and hold Indemnitees entirely harmless f rom all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

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

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d. The indemniti es set forth in this secti on shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

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

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

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

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

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a co ntracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City , evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which 16 6
shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.

i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.

j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requir ements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

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21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the w ebsite of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that Contractor:

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

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

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

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

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.b.

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
18 8

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.d.

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

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

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

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

“CONTRACTOR” “CITY”

The Jungle Nursery, Inc. City of Orange
5710 W. Manchester Ave., #207 300 E. Chapman Avenue
Los Angeles, CA 90045 Orange, CA 92866-1591
Attn.: Carlos Saez Attn.: Administrative Staff Captain

Telephone: 213-820-1165 Telephone: 714-288-2506
E-Mail: [email protected] E-Mail: [email protected]

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

19 9
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

THE JUNGLE NURSERY, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney

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

√
20 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
21 PO BOX 45422 Los Angeles CA 90045 Phone: (213) 820-1165 Fax: (310) 388-5783

_______ Landscape • Earth Services • Tree Care • Nursery SCOPE OF SERVICES CITY OF ORANGE WEED AND BRUSH ABATEMENT 2023-2024 The services provided by The Jungle Nursery, Inc. under contract for the City of Orange are as follows: 1. To clear weeds and brush (and other natural fuels, e.g., dead trees or limbs) as directed by the City of Orange Fire Department to reduce flammable fuels and to create “defensible space” in the event of fire. 2. To provide weed suppression through the application of “pre-emergent” herbicides as directed and where appropriate by the City of Orange Fire Department. 22 City of Orange Brush Control
2023-24
No. Parcel APN Clear Spray* Total
1 085-531 $191 As Needed $191
2 093-031-02 $278 As Needed $278
3 360-391-09 $209 As Needed $209
4 372-701-22 $102 As Needed $102
5 378-162-01 $155 As Needed $155
6 379-331-18 $278 As Needed $278
7 383-071-06 $284 As Needed $284
8 383-071-26 $66 As Needed $66
9 383-071-40 $95 As Needed $95
10 383-161-17 $145 As Needed $145
11 383-181-12,28 $1,052 As Needed $1,052
12 390-021-03 $2,049 As Needed $2,049
13 390-351-03,04,05 $1,929 As Needed $1,929
14 390-591-08 $1,192 As Needed $1,192
15 ARR-5 $1,303 As Needed $1,303
16 370-270-01 $17,687 As Needed $17,687
17 370-152-01 $613 As Needed $613
18 370-171-01 $496 As Needed $496
19 370-181-01 $965 As Needed $965
20 370-194-01 $3,595 As Needed $3,595
21 Horse Trail* $4,076 No Spray $4,076
$0
1/2 YEAR TOTAL $36,760 $36,760
FULL YEAR TOTAL $73,520 $27,550 $101,070
(Total =Clearing + Spray) (Reserve Only)
* Bulk Budget Reserve
**No Spray/Clear Only
Contract Renewal
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
Agenda Item
City Council
Item #: 3.3. 7/25/2023 File #: 23-0446
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Second Amendment to agreement with Protel Communications, Inc. DBA ProTelesis for replacement desk phones.

2. SUMMARY
This is a Second Amendment to a VoIP telephone service support agreement with ProTelesis authorizing the purchase and installation of replacement desk phones.

3. RECOMMENDED ACTION
Approve the second amendment to agreement with Protel Communications, Inc. doing business as ProTelesis in the amount of $132,816.26 for replacement desk phones; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $132,816.26, for a total agreement cost of $359,224.61 and will be funded through Computer Replacement (790):

Phone System Refresh (20509) $127,166.75
IT System Improvements (20281) 5,649.61
Total $132,816.26

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
On April 11, 2023, the City Council approved a first amendment with ProTelesis which addressed hardware replacement of end-of-life Shoretel equipment. In that timeframe, Mitel had made overtures that the City’s existing Shoretel desk phones would be compatible with the new Mitel hardware and software.

Unfortunately, Mitel recently made the decision to not make the Shoretel desk phones compatible.

Therefore, this second amendment is required to purchase the remaining Mitel desk phones (approximately 525) in order to complete the upgrade that was approved in April.

Staff recommends approval of the second amendment with the VoIP phone system support provider City of Orange Printed on 7/20/2023Page 1 of 2
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47 Item #: 3.3. 7/25/2023 File #: 23-0446
Staff recommends approval of the second amendment with the VoIP phone system support provider ProTelesis to purchase the remaining desk phones.

7. ATTACHMENTS
· Second Amendment with Protel Communications, DBA ProTelesis City of Orange Printed on 7/20/2023Page 2 of 2
powered by Legistar™
48 Agenda Item
City Council
Item #: 3.3. 7/25/2023 File #: 23-0446
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Second Amendment to agreement with Protel Communications, Inc. DBA ProTelesis for replacement desk phones.

2. SUMMARY
This is a Second Amendment to a VoIP telephone service support agreement with ProTelesis authorizing the purchase and installation of replacement desk phones.

4. FISCAL IMPACT
The total expenditure for this amendment is $132,816.26, for a total agreement cost of $359,224.61 and will be funded through Computer Replacement (790):

Phone System Refresh (20509) $127,166.75
IT System Improvements (20281) 5,649.61
Total $132,816.26

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

Unfortunately, Mitel recently made the decision to not make the Shoretel desk phones compatible.

Therefore, this second amendment is required to purchase the remaining Mitel desk phones (approximately 525) in order to complete the upgrade that was approved in April.

Staff recommends approval of the second amendment with the VoIP phone system support provider City of Orange Printed on 7/20/2023Page 1 of 2
powered by Legistar™
49 Item #: 3.3. 7/25/2023 File #: 23-0446
Staff recommends approval of the second amendment with the VoIP phone system support provider ProTelesis to purchase the remaining desk phones.

7. ATTACHMENTS
· Second Amendment with Protel Communications, DBA ProTelesis City of Orange Printed on 7/20/2023Page 2 of 2
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50 SECOND AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[VoIP Telephone Service Support]

THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “ Second Amendment”) is made and entered into as of _______________ , 20 23, by and between the CITY OF ORANGE, a municipal corporation (“City”), and PROTEL COMMUNICATIONS INC., a California corporation doing business as PROTELESIS (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 6948) dated February 3, 2020, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor amended the Original Agreement to revise scope of services, add contingency and incre ase the compensation by a First Amendment to Professional Services Agreement (Agreement No. 6948.1) dated April 11, 2023, which is incorporated herein by this reference (the “First Amendment”); and

C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the Scope of Services and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

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

Section 4 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by ONE HUNDRED THIRTY-TWO THOUSAND EIGHT HUNDRED SIXTEEN DOLLARS and 26/100 ($132,816.26) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services perf ormed under this Agreement, shall not exceed THREE HUNDRED FIFTY-NINE THOUSAND TWO
51 2
HUNDRED TWENTY-FOUR DOLLARS and 61/100 ($359,224.61) without the prior written authorization of City . The total not to exceed amount is inclusive of $10,000.00 contingency for any additional unforeseen work or equipment that may be required and authorized by the City.”

Section 5. Payment. City will pay Contractor a fifty percent (50%) milestone deposit in the amount of SIXTY-SIX THOUSAND FOUR HUNDRED EIGHT DOLLARS and 13/100 ($66,408.13) up front. The final payment milestone of the remaining amount will be paid upon completion and system acceptance.

Section 6. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or in consistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

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

52 3
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.

“CONTRACTOR” “CITY”

PROTEL COMMUNICATIONS, INC., CITY OF ORANGE, a municipal corporation a California 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 one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

√

53 EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

54 55
56 57
58 Agenda Item
City Council
Item #: 3.4. 7/25/2023 File #: 23-0477
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Slurry Seal at Various Locations, Fiscal Year 2023- 2024; authorization to advertise for bids; and finding of CEQA exemption.

2. SUMMARY
Plans and specifications have been completed and the Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024 is ready to be advertised for bids. The total estimated construction cost including 15% for contingencies and construction engineering is $590,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 23-24.03; SP-4259.

4. FISCAL IMPACT
The total expenditure for this contract is $590,000 and will be funded in Pavement Management Program (13120) through Road Maintenance Rehabilitation Account (274).

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

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

6. DISCUSSION AND BACKGROUND
The Annual Slurry Seal Project at Various Locations Fiscal Year 2023-2024 (FY 24) is part of the City’sFY 24 Annual Street Maintenance activities and is designed to prolong pavement life of city streets. Rehabilitation methods vary depending on the sustained damage, but in general, consist of slurry seal with localized areas of pavement reconstruction as needed. The rehabilitated pavement will have a longer service life and will provide a safe and smooth ride for the public.

The streets selected for maintenance in accordance with the City’sPavement Management Plan, generally fall into the “fair”category and require work at this time to prevent pavement deterioration and higher cost for asphalt concrete overlay in the future.

The total cost for street slurry seal is estimated at $590,000, including 15% for construction engineering and contingency. Upon receipt of public bids, staff will return to the City Council and City of Orange Printed on 7/20/2023Page 1 of 2
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59 Item #: 3.4. 7/25/2023 File #: 23-0477
engineering and contingency. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

If the unit price for slurry seal is determined to be below the estimate, additional streets may be added for rehabilitation.

Construction is scheduled to begin in October 2023 and is expected to be completed by December 2023. Specifications and cost estimates are available for review in the Public Works Department.

7. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “ExistingFacilities”Class 1 (c) because it is a maintenance activity that does not involve the creation of additional traffic lanes. The CEQA Notice of Exemption will be filed with the County Recorder’sOffice upon Council’sapproval of the plans and specifications.

8. ATTACHMENTS
· Location Maps
City of Orange Printed on 7/20/2023Page 2 of 2
powered by Legistar™
60 Agenda Item
City Council
Item #: 3.4. 7/25/2023 File #: 23-0477
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Slurry Seal at Various Locations, Fiscal Year 2023- 2024; authorization to advertise for bids; and finding of CEQA exemption.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 23-24.03; SP-4259.

4. FISCAL IMPACT
The total expenditure for this contract is $590,000 and will be funded in Pavement Management Program (13120) through Road Maintenance Rehabilitation Account (274).

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.

The total cost for street slurry seal is estimated at $590,000, including 15% for construction engineering and contingency. Upon receipt of public bids, staff will return to the City Council and City of Orange Printed on 7/20/2023Page 1 of 2
powered by Legistar™
61 Item #: 3.4. 7/25/2023 File #: 23-0477
engineering and contingency. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

If the unit price for slurry seal is determined to be below the estimate, additional streets may be added for rehabilitation.

Construction is scheduled to begin in October 2023 and is expected to be completed by December 2023. Specifications and cost estimates are available for review in the Public Works Department.

8. ATTACHMENTS
· Location Maps
City of Orange Printed on 7/20/2023Page 2 of 2
powered by Legistar™
62 Location Map 1
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
7/17/2023, 9:18:28 AM
0 0.075 0.150.0375 mi
0 0.1 0.20.05 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design63
Location Map 2
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
7/17/2023, 9:20:30 AM
0 0.075 0.150.0375 mi
0 0.1 0.20.05 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design64
Location Map 3
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
7/17/2023, 10:29:36 AM
0 0.075 0.150.0375 mi
0 0.1 0.20.05 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design65
Location Map 4
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
7/17/2023, 9:46:56 AM
0 0.15 0.30.075 mi
0 0.2 0.40.1 km
1:9,028
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., Intermap, USGS, EPA | City of Anaheim, Esri, HERE | City of Orange - Engineering Design66
Agenda Item
City Council
Item #: 3.5. 7/25/2023 File #: 23-0480
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Lomita Neighborhood Street Improvement Project, authorization to advertise for bids, and finding of CEQA exemption.

2. SUMMARY
Plans and specifications have been completed and the Lomita Neighborhood Street Improvement Project is ready to be advertised for bids. The total estimated construction cost, including 15% for contingencies and construction engineering is $811,000.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No. 23-24.04; SP-4220.

4. FISCAL IMPACT
The total expenditure for this contract is $811,000 and will be funded in Pavement Management Program (13120) through Road Maintenance Rehabilitation Account (274).

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

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

6. DISCUSSION AND BACKGROUND
The Lomita Neighborhood Street Improvement Project will rehabilitate a total of three streets in the Lomita Neighborhood tract. Rehabilitation of the roadway will consist of asphalt concrete overlays with localized areas of pavement reconstruction. The rehabilitated pavement will have a longer service life and will provide a safe and smooth ride for the public. In addition, the existing curb on Orange Street, west side of Grand Street and north side of Lomita Avenue will be removed and replaced with new curb and gutter. Other aspects of the project include replacement of damaged sidewalk, curb and gutter, and removal and reconstruction of Americans with Disabilities Act (ADA) ramps within the project limits to conform to the federal guidelines, adjustment of utility covers to grade, and pavement striping.

The total cost is estimated at $811,000, including 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding City of Orange Printed on 7/20/2023Page 1 of 2
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67 Item #: 3.5. 7/25/2023 File #: 23-0480
Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

This project is coordinated with the City’sannual sewer project where an existing deficient 6”sewer main will be replaced. The street rehabilitation will follow the sewer project. Construction is scheduled to begin in October 2023 and is expected to be completed by January 2024.

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

7. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c) because the project is a maintenance activity that does not involve the expansion of traffic lanes. The CEQA Notice of Exemption will be filed with the County Recorder’sOffice upon Council’sapproval of the plans and specifications.

8. ATTACHMENTS
· Location Map
City of Orange Printed on 7/20/2023Page 2 of 2
powered by Legistar™
68 Agenda Item
City Council
Item #: 3.5. 7/25/2023 File #: 23-0480
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Lomita Neighborhood Street Improvement Project, authorization to advertise for bids, and finding of CEQA exemption.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No. 23-24.04; SP-4220.

4. FISCAL IMPACT
The total expenditure for this contract is $811,000 and will be funded in Pavement Management Program (13120) through Road Maintenance Rehabilitation Account (274).

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.

The total cost is estimated at $811,000, including 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding City of Orange Printed on 7/20/2023Page 1 of 2
powered by Legistar™
69 Item #: 3.5. 7/25/2023 File #: 23-0480
Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

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

7. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c) because the project is a maintenance activity that does not involve the expansion of traffic lanes. The CEQA Notice of Exemption will be filed with the County Recorder’sOffice upon Council’sapproval of the plans and specifications.

8. ATTACHMENTS
· Location Map
City of Orange Printed on 7/20/2023Page 2 of 2
powered by Legistar™
70 Lomita Neighborhood Street Improvement Location Map
7/12/2023, 4:08:34 PM
0 0.05 0.10.025 mi
0 0.08 0.160.04 km
1:2,257
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
71 Agenda Item
City Council
Item #: 3.6. 7/25/2023 File #: 23-0462
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Final Acceptance of El Modena and Serrano Parks Tot Lot Resurfacing; and authorization to file Notice of Completion.

2. SUMMARY
The City entered into a contract with Robertson Industries, Inc. (AGR-7471), to furnish and install new IPEMA Certified poured in place rubberized safety surfacing at El Modena Park tot lot and to furnish and install a 1.5”re-top over existing poured in place tot lot surface at Serrano Park. The work has been completed to the satisfaction of the Community Services Department.

3. RECOMMENDED ACTION
Accept El Modena and Serrano Parks Tot Lot Resurfacing as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 7/20/2023Page 1 of 1
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72 Agenda Item
City Council
Item #: 3.6. 7/25/2023 File #: 23-0462
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Final Acceptance of El Modena and Serrano Parks Tot Lot Resurfacing; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept El Modena and Serrano Parks Tot Lot Resurfacing as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 7/20/2023Page 1 of 1
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73 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “El Modena and Serrano Parks Tot Lot Resurfacing (AGR. NO. 7471)” (herein referred to as the ‘Project’), for the owner, the City of Orange, a municipal corporation (herein referred to as the ‘City’), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on July 25, 2023 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project was performed at El Modena Park: 555 S. Hewes St., 92869; Serrano Park: 2349 Apache Creek Rd., 92867 in the City of Orange. The Contractor who performed (or caused to be performed) said public work and improvements was Robertson Industries, Inc., an Arizona Corporation, with its principal office at 2414 W. 12th St., Suite 5, Tempe AZ, 85281.

The name of the surety on the payment bond for the Project is ‘Berkley Insurance Company’ payment bond.

Bond No. 0251766 in the amount of $190,547.50.

DATED as of the 25th day of July, 2023. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 25th day of July 2023.

Daniel R. Slater, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
74 Agenda Item
City Council
Item #: 3.7. 7/25/2023 File #: 23-0478
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 Chapter 2.80 of the Orange Municipal Code regarding the obstruction and interference with enforcement of the Orange Municipal Code and Chapter 5.54 regarding impoundment of items related to sidewalk vending. Ordinance No. 09-23.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on July 11, 2023.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 09-23.

4. ATTACHMENTS
· Ordinance No. 09-23
City of Orange Printed on 7/20/2023Page 1 of 1
powered by Legistar™
75 Agenda Item
City Council
Item #: 3.7. 7/25/2023 File #: 23-0478
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 July 11, 2023.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 09-23.

4. ATTACHMENTS
· Ordinance No. 09-23
City of Orange Printed on 7/20/2023Page 1 of 1
powered by Legistar™
76 1

ORDINANCE NO. 09-23

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE AMENDING CHAPTER

2.80 OF THE ORANGE MUNICIPAL CODE

REGARDING OBSTRUCTION AND

INTERFERENCE WITH ENFORCEMENT OF

THE ORANGE MUNICIPAL CODE AND
CHAPTER 5.54 REGARDING IMPOUNDMENT

OF ITEMS RELATED TO SIDEWALK VENDING

WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws; and

WHEREAS, the California State Legislature found and declared in Senate Bill 296, signed into law by the Governor on October 7, 2021 , that “Code Enforcement Offi cers are disproportionately at risk for threat, assault, injury and homicide due to the nature of their obligations;” and

WHEREAS, the City of Orange desires to amend the provisions of the Orange Municipal Code to impose criminal sanctions upon any person who obstructs, impedes, threatens, follows, intimidates, or interferes with any code compliance officers, police, fire, or City personnel engaged in the performance of their respective duties, job description and/or enforcement authority as provided in the Orange Municipal Code; and

WHEREAS, the City also desires to amend the provisions of the Orange Municipal Code to impose regula tions related to the impoundment of sidewalk vendor ’s vending cart, food, equipment, utensils, goods or merchandise (collectively classified as “items”) due to violations of City, county, state or federal laws relating to health, safety and welfare; and

WHEREAS, California 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, On April 11, 2023, the City Council adopted Ordinance No. 03 -23 implementing sidewalk vending regulations to provide a licensing and permitting process and impose operational requirements for sidewalk vendors in the City in compliance with SB 946 , to protect the health, safety, and welfare of the community; and

WHEREAS, the City Council hereby finds that to promote and protect the public health, safety and welfare, restrictions on sidewalk vending set forth in this Ordinance are necessary to:

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1. Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress into or from, residences, businesses, or public buildings, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;

2. Allow for the safe and effective performance of code compliance, police, firefighter and emergency medical personnel services in the public right-of-way;

3. Ensure that sidewalk vending activities occur only in locations where such activities would not restrict the use and enjoyment of sidewalks and pathways by any persons including persons with disabilities;

4. Ensure compliance with the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards;

5. Provide reasonable access to 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;

6. Maintain sanitary conditions of items offered to the public, especially food items ; and

7. Reduce exposure to the City for personal injury or property damage claims and litigation that may be caused in whole or in part by the activities of sidewalk vending in the public right-of-way.

WHEREAS, the City Council finds that the regulations set forth herein are directly related to, and necessary to address, objective health, safety, a nd 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.

78 3

SECTION II:

New Section 2.80.030 (Administration and Personnel - Enforcement of the Orange Municipal Code - Obstruction or Interference with Code Enforcement, Police, Fire or Authorized Officers or Employees) is hereby added to read as follows:

2.80.030 Obstruction or Interference with Code Enforcement, Police, Fire or Authorized Officers or Employees.

It shall be unlawful for any person to obstruct, impede, threaten, follow, intimidate, or interfere in any way with any City official including a code com pliance officer, police officer, firefighter, or other officers or employees of this City engaged in the performance of their respective duties, job description and/or enforcement authority as provided in the Orange Municipal Code. Such person shall be guilty of a misdemeanor pursuant to Section 1.08.010 and, upon conviction thereof, unless provision is otherwise herein made by any other applicable state law, shall be subject to a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both fine and imprisonment.

SECTION III:

Section 5.54.020 of the Orange Municipal Code (Business Taxes and Regulation s - Regulation of Sidewalk Vendors - Definitions) is hereby revised to add the following:

“Impound” means to seize or take custody of sidewalk vending cart, equipment, utensils, food or merchandise (collectively classified as “items”) because of a violation of any applicable law or regulation.

SECTION IV:

Sections 5.54.150.C and 5.54.150.D of the Orange Municipal Code (Business Taxes and Regulations - Regulation of Sidewalk Vendor s – Ability to Pay Determination and Appeals ) are hereby amended to read as follows:

C. Appeal of denial or revocation of Sidewalk Vending Permit and/or impoundment.

1. Any person who has been denied a Sidewalk Vending Permit or who has had a Sidewalk Vending Permit revoked by the Director or designee, or has had their sidewalk vending cart, food, equipment, utensils, goods or merchandise (collectively classified as “items”) impounded pursuant to this chapter may appeal such determination to the hearing officer, by filing a request for an appeal with the City Clerk, and paying an appeal fee as set by resolution of the City Council, within 21 calendar days of service of the notice of such denial , revocation and/or impoundment. The request for an appeal shall contain, at a minimum, the following:

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

79 4

b. As applicable, t he date of denial or rescission by the Director or designee, or the date of impoundment of items by a City official;

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 writ ing 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/or reason for impoundment of items 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 novo basis.

D. After the hearing, the hearing officer shall affirm, modify, or reverse the original denial or revocation and/or impoundment. When a denial or revocation and/or impoundment is modified or reversed, the hearing officer shall state the specific reasons for m odification or reversal. Reversal of impoundment by the hearing officer shall result in the City returning the impounded items (excluding items that are perishable and/or could not be safely stored ) back to the appellant within 15 business days. Decisions on appeals shall be rendered within 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 working days after the date of the decision to the appellant.

The decision of the hearing officer shall be final.

SECTION V:

New Section 5.54.160 of the Orange Municipal Code (Business Taxes and Regulations - Regulation of Sidewalk Vendors – Impoundment) is hereby added to read as follows:

5.54.160 Impoundment.

A. Impoundment authorization. Any City official , including a code compliance officer, police officer, firefighter, fire prevention specialist or examiner may impound a sidewalk vendor’s vending cart, food, equipment, utensils, goods or merchandise (collectively classified as “items”) used in violation of this chapter pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code and/or any other applicable City, county or state law for any of the following reasons:

1. Food displayed, offered, or made available for sale including equipment, or utensils used by a sidewalk vendor without holding a valid and displayed health permit from the 80 5

Orange County Health Care Agency’s Environmental Health Division in violation of county or state law;

2. Items reasonably appear to be unattended or abandoned on public or private property for more than thirty 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first fifty 50 feet of the items;

3. Items displayed, offered, or ma de available for sale by a sidewalk vendor who does not possess a valid applicable Sidewalk Vending Permit and a City Business License as required by Section 5.54.030.A;

4. Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter; and refuses or fails to provide identification, as required by Section 5.54.100.T;

5. Operation in violation of this chapter and refusal or failure by a sidewalk vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a City official;

6. Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to 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 and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101 -336) and other disability access standards;

7. Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or City laws, ordinances, and regulations, including but not limited to illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals;

8. Items creating an imminent and substantial danger or environmental hazard to the health, safety or general welfare of the public or property at the location of the vending cart such as, but not limited to , discharge of oil , grease or other slippery substances on t he street or sidewalk without any effort to maintain best management practices; us ing unapproved portable cooking equipment, heating element, gas -fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher ; using any luminaire, flashing lights or any other animated devices or sign; or using, operating or permitting any radio, loudspeaker or other machine or device for the producing or reproducing of sound;

9. Items displayed, offered, or made available fo r sale by a sidewalk vendor who has, within a 24 month period, been issued 3 or more administrative citations for violations of this chapter; or

81 6

10. Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any City, county, state or federal law or regulation excluding Chapter 5.54. Such items shall be stored, and released in accordance with the procedures set forth in the California Penal Code and any other applicable state law.

B. Forfeiture impoundment authorization for repeat offenders. The City may immediately conduct a forfeiture impoundment of items from a sidewalk vendor who has been found responsible for engaging in sidewalk vending activities in violation of this chapter 2 or more times within a 24 month period (herein identified as a repeat offender) after being contacted by a City official who issued a notice of violation . An aggrieved repeat offender may appeal a City forfeiture impoundment action pursuant to the procedures set forth in this section.

C. Disposal authorization. The City may immediately dispose of impounded items that are perishable and/or cannot be safely stored.

D. Impoundment period of items held by City. The impoundment of any sidewalk vendor’s items , excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the City for not less than 30 nor more than 60 calendars days from the date of impoundment.

E. Impoundment notification. Upon impoundment of items under this section, the Director or designee shall do all the following:

1. Take responsibility for the storage, documentation, and disposition of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

2. Provide the person from whom the items were taken w ith a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the items were taken at the time the City official obtained the items or mailed on the next business day, by first class mail, to the person from whom the items were taken.

3. If the City official has knowledge that the person from whom the items were taken is not the owner, the Director or designee shall make reasonable efforts to identify the owner.

If the owner is identified, the Director or designee shall mail, by first class mail, a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

a. The receipt and instructions shall notify the person from whom the items were taken that the items must be claimed either within (A) 30 days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 days of impoundment pursuant to Section 2080.10 of the California Civil Code after the City obtains possession of the items will be disposed of in accordance with the disposal provisions of this 82 7

section or any other applicable county or state law. Within the applicable 30 or 60 days, the person may do one of the following:

i. Retrieve the items, excluding any items that were
immediately disposed of because they were perishable and/or could not be safely stored.

ii. Authorize in writing another person to retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

iii. Notify the City in writing that they are unable to retrieve the items because they are in custody (e.g., jail or pris on) and request the City to hold the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the City that they are unable to either retrieve the items within the applicable 30 or 60 days, or have an authorized person retrieve the items, the City shall hold the items for not longer than 10 additional months, after which time the City may dispose of the items in accordance with the disposal provisions of this Code or any other applicable county or state law.

b. Pursuant to state law the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.

F. Appeal of impoundment. An aggrieved sidewalk vendor may, within 21 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before a hearing officer in accordance with Section 5.54.150.C and, if successful in their appeal, may have their items returned, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.

G. Recovery of impounded items and payment of impound fees. A sidewalk vendor may recover impounded items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the items.

H. The City Council may by resolution adopt impound fees, which shall reflect the City’s personnel, enforcement, investigation, storage, disposal and impound costs.

I. Unclaimed items. Any unclaimed items will be considered abandoned and forfeited to the City after (A) 30 days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 days of impoundment pursuant to Section 2080.10 of the California Civil Code or any other applicable county or state law.

J. The Director is further authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter. 83 8

SECTION VI:

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

SECTION VII:

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

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 ____________, 202 3 was duly passed and adopted by the following vote, to wit:
84 9

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

85 Agenda Item
City Council
Item #: 3.8. 7/25/2023 File #: 23-0479
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 adding Chapter 5.53 to Title 5 of the Orange Municipal Code (Business Taxes and Regulations) establishing regulations for mobile vending vehicles on public and private property. Ordinance No. 11-23.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on July 11, 2023.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 11-23.

4. ATTACHMENTS
· Ordinance No. 11-23
City of Orange Printed on 7/20/2023Page 1 of 1
powered by Legistar™
86 Agenda Item
City Council
Item #: 3.8. 7/25/2023 File #: 23-0479
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 July 11, 2023.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 11-23.

4. ATTACHMENTS
· Ordinance No. 11-23
City of Orange Printed on 7/20/2023Page 1 of 1
powered by Legistar™
87 1

ORDINANCE NO. 11-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE ADDING CHAPTER 5.53 TO TITLE 5 OF THE

ORANGE MUNICIPAL CODE (BUSINESS TAXES AND

REGULATIONS) ESTABLISHING REGULATIONS FO R

MOBILE VENDING VEHICLES ON PUBLIC AND

PRIVATE PROPERTY

WHEREAS, the Legislature of the State of California, in adopting section 22455 of the California Vehicle Code and 114315(a) of the California Health & Safety Code authorizes the City to adopt regulations to ensure the public safety relating to the type of vending, and the time, place and manner of vending; and

WHEREAS, mobile vending businesses such as those from which merchandise and foods are offered for purposes of retail sale while parked at the curb or on public streets pose traffic hazards and special dangers to the public safety and welfare of children and residents in the City ; and

WHEREAS, the City Council hereby declares and finds that:

1. Mobile vending vehicles that are parked and provide services to customers on streets where the speed limit is 35 mph or greater endanger public safety as drivers may have to perform quick maneuvers to avoid patrons on foot or cars slowing down to avail themselves of the mobile vending vehicles, and these conditions can increase congestion and endanger both motorists and the food trucks’ patrons.

2. Mobile vending businesses create litter and noise in residential neighborhoods and commercial corridors. If they are operated on during the hours of rest, they can disturb the quiet enjoyment of residential neighborhoods.

3. Mobile vending businesses, whi ch includes those selling food, dry goods and ice cream, attract attention in residential areas and cause residents to congregate around vehicles, often in the street, and frequently blocking or obstructing the public sidewalks.

4. Mobile vending businesses are often operated by one person who is not capable of controlling crowds, including children who may dart in and out of traffic in order to gain access to the mobile vending business. This is a particular problem near schools, parks, and recreational facilities.

88 2

5. The act of looking for prospective buyers while operating a food vending vehicle may make the operator less attentive to pedestrian and vehicular traffic. When done on public roadways, this poses obvious traffic and safety risks to the publ ic, which the City seeks to prevent.

6. Mobile vendors usually have box like trucks that create line of sight problems for motorists if they are parked within 100 feet of an intersection.

7. Using horns and whistles and other attention -getting sounds, m obile vending businesses can cause noise pollution in residential areas.

8. The area around mobile vending businesses is often strewn with wrappings and discarded paper products.

9. The sound of commercial activity during the hours of rest can disturb th e quiet enjoyment of residential neighborhoods.

10. In order to operate safely within the City, mobile food vendors must obtain a health permit from the Orange County Health Care Agency; and

WHEREAS, it is the purpose and intent of the City Council in enacting this Ordinance to restrict the time, place and manner for vehicle vending in order to protect the public safety in accordance with California Vehicle Code section 22455, and to provide persons engaged in mobile vending businesses with clear and concise regulations to prevent and avoid such public safety hazards and to protect the physical environment, including aesthetics, and the quiet enjoyment of residential neighborhoods and commercial corridors.

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 S ection 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:

The recitals and findings contained herein are true and correct and incorporated herein.

SECTION III:

Chapter 5.53 (Business Taxes and Regulations – Mobile Vending Vehicle Program) is hereby added to the Orange Municipal Code to read as follows:

89 3

Chapter 5.53 MOBILE VENDING VEHICLE PROGRAM

5.53.010 Purpose.

5.53.020 Definitions.

5.53.030 Permit Required.

5.53.040 Exemptions.

5.53.050 Applicability of Permit Requirement to Existing Businesses.

5.53.060 Application for Mobile Vending Vehicle Permit.

5.53.070 Investigation and Findings for Mobile Vending Vehicle Permit.

5.53.080 Denial of Mobile Vending Vehicle Permit.

5.53.090 Permit Not Transferable.

5.53.100 Term of Permit and Renewal.

5.53.110 Operators of Mobile Vending Vehicles.

5.53.120 Appeals of Denial or Revocation of Mobile Vending Vehicle Permit.

5.53.130 Conditions and Restrictions Imposed on Permit: Public Safety Justification.

5.53.140 Mobile Vending Operational Regulations.

5.53.150 Prohibited Conduct and Activities for Mobile Vendors.

5.53.160 Exemption Related to City Parks.

5.53.170 Mobile Food Vehicle Vending at Active Construction Sites.

5.53.180 Private Property Use by Mobile Vendors.

5.53.190 Enforcement.

5.53.010 Purpose.

It is the purpose and intent of the City Council in establishing a Mobile Vending Vehicle Program to eliminate traffic hazards and special dangers to the public safety, to protect the physical environment, including aesthetics and the quiet enjoyment of re sidential neighborhoods and commercial corridors, and to provide persons engaged in mobile vending businesses with clear and concise regulations to prevent and avoid such public safety hazards and detrimental effects.

5.53.020 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 common dictionary definition is presumed to be correct.

“Cannabis” means the substances defined in Section 5.89.010 of this code or any successor section.

“City” means the City of Orange.

“Certified Farmer’s Market” or “farmer’s market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural 90 4

Code and any regulations adopted pursuant to that chapter, or any successor chapter.

“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.

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

“Director” means 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.

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

“Food” means 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.

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

“Major transit stop” means the portion of a site designated 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 mobile vendor, which is not considered food. Items for rent shall not be considered merchandise.

Merchandise does not include services.

“Mobile food vehicle” means any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of produce and/or prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind, on any public street, alley or highway or private street within the City. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries.

“Mobile vendor activities ” or “ mobile vending activities ” means actions that qualify a person as a mobile vendor or actions done in anticipation of becoming a mobile vendor such as, 91 5

but not limited to, installation, placement, or maintenance of any mobile vending vehicle on public or private property.

“Mobile vendor” means any person in charge of or driving any motorized mobile vending vehicle requiring a valid state driver license to operate, either as agent, employee, or otherwise under the direction of the owner.

“Mobile vending vehicle permit ” or “permit” means a permit established by this chapter that has been issued to an operator engaging in mobile vending activity in the City.

“Mobile vending vehicle” means any motorized vehicle as defined in the California Vehicle Code and registered with the California Department of Motor Vehicles, including but not limited to ice cream trucks, grocery trucks, food trucks, catering trucks , hot trucks, chef tr ucks, lunch trucks, wagons, food trailers, or any other fully enclosed vehicle or mobile food facility from which fruits, vegetables , merchandise, goods , beverages, prepackaged food or all foods are prepared, cooked and stored inside the vehicle, which are sold, displayed, solicited, or offered for sale or bartered or exchanged, on any portion of any public street within the City or on private property with permission of the property owner.

"Operator" means any person or entity who:

A. Owns, controls, manages, and/or leases a mobile vending vehicle; or

B. Contracts with a person(s) to drive, operate, prepare food and/or vend from a mobile vending vehicle; or

C. Drives, operates, vends and/or prepares food on or from a mobile vending vehicle.

“Owner” means any person having proprietary control of or right to proprietary control of any mobile vending vehicle.

“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 pedest rian pathway does not mean the grassy areas of parks.

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

“Person” means one or more natural persons, groups, businesses, owner, 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, agent, 92 6

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.

“Private property” means all property that is not public property.

“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.

“Restocking” means the transfer of food, goods, or merchandise to a food vending vehicle from any other person or vehicle and includes, but is not limited to, loading and d elivery of food, goods, and merchandise.

“School” means any public or private school in which instruction is given in any or all grades, including preschool through grade 12.

“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 pav ed or hardscape sidewalk, parkway, pedestrian path, walkway, or other public right -of-way specifically designed for the exclusive use of pedestrian travel.

“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, farmer ’s markets, swap meets, filming, fireworks show s, parades, athletic events, public assembles, carnivals, fairs, walks, runs and marathons, festivals, shows, seasonal or holiday events and outdoor concerts or performances.
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“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 soliciting, displaying, or offering produce, prepared or unprepared food, prepackaged food and/or non -food sundries of any kind for sale or barter or exchange from a mobile vending vehicle on a public or private street, alley, highway, or public place within the city. “Vend” or “vending” includes the movement or standing of a mobile vending vehicle for the purpose of searching for, obtaining and/or soliciting retail sales or produce, prepared food, prepackaged food, or non -food sundries, including , but not limited to, goods, wares, or merchandise. “Vend” and “vending” do not include the offering of services.

5.53.030 Permit Required.

No person, either as owner, operator, agent, or any other person, shall engage , operate, conduct, maintain or advertise as a mobile vendor within the City without first applying for and receiving a City business license from the Finance Department in accordance with Chapter 5.06 and a Mobile Vending Vehicle Permit from the Community Development Department in accordance with this chapter.

5.53.040 Exemptions.

A. This chapter shall not apply to persons delivering goods, wares, merchandise, groceries, or prepared foods upon order of, or by agreement with, a customer from a fixed store, restaurant or other fixed place of business or distribution or warehouse.

B. This chapter shall not apply to mobile vendors participating in farmer’s markets, street fairs, swap meets, or any other activity or permitted events authorized by a temporary special permit or as a sidewalk vendor holding a valid Sidewalk Vending Permit pursuant to Chapter 5.54.

5.53.050 Applicability of Permit Requirement to Existing Businesses.

The provisions of this chapter, including the permit requirement, shall be applicable to all persons and businesses described herein whether the activities were established before or after the effective date of this ordinance. All such persons and businesses shall have 30 days from the effective date of this ordinance t o file a completed application for a Mobile Vending Vehicle Permit as required by this chapter. All other regulations herein shall apply on the effective date of the ordinance.

5.53.060 Application for Mobile Vending Vehicle Permit.

A. Every person, prior to engaging in, conducting, operating, maintaining, advertising, or carrying on the business as a mobile vendor shall file an application with the Community Development Department on a City -approved form. Such application shall be accompanied by a 94 8

non-refundable permit application 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 operator who will be solely responsible for the Mobile Vending Vehicle Permit regardless of that person being employed or engaged by another individual or a business or us ing a mobile vending vehicle owned by another individual or a business. The operator must be at least 18 years of age and have a valid California driver license.

2. If the operator 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 operator’s government-issued photo identification, California driver license or ide ntification 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. The legal name, date of birth, current mailing address and telephone number of all person(s) who will be employed by the operator who will work as a mobile vendor.

5. 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.

6. Whether the operator intends to vend food, merchandise, or both.

7. If the mobile vendor is selling food, a description of the type of food to be sold, and whether such foods are prepared onsite or are prepackaged offsite.

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

9. The hours of operation per day and the day(s) per week which the operator proposes for mobile vending activities.

10. A description of the general or specific location, address, map, or drawing of the area(s)/route which the operator proposes for the mobile vending vehicle.

11. Vehicle make, model, year, body type, license plate number, VIN, and proof of current vehicle registration containing the vehicle ownership.

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12. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of the operator’s mobile vending vehicle along with atta ched color photographs showing all sides of the vehicle.

13. A maintenance plan that includes litter pickup and food waste disposal in the vicinity of the mobile vending location.

14. If the operator proposes operating a mobile food vehicle, a certification of completion of a food handler course and proof of all required approvals from the Orange County Health Care Agency Environmental Health Division including a copy of the operator's current and valid Orange County Food Facility Health Permit.

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

5.06. 16. A copy of a current and valid vehicle insurance policy as required by California law, in the amount set forth in subsection 20, below, which shall be maintained during the pendency of the mobile vendor’s permit.

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

18. Submittal of two (2) high resolution color passport pho tos of the operator and its employee(s), if applicable, taken within 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.

19. A list of any convictions of the operator and its employee(s), if applicable, of any and all felony or misdemeanor offenses for the 5 years preceding the date of the application.

20. The operator shall maintain and provide proof 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 operator.

Such insurance shall name as additional insured the City, its officers, and employees, and shall further provide that the policy shall not be terminated, reduced, or cancelled without 30 days’ advance written notice to the City.
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21. An acknowledgment that the operator will comply with all other generally applicable local, county, state, and federal laws.

22. Certification by the operator, business owner and employees (if applicable), under penalty of perjury, that the information contained in the application is true to the best of their knowledge and belief.

23. An agreement by the operator 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, attorneys’ 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 mobile 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.

24. An acknowledgement that the operator's use of pu blic property is at their own risk and that the City does not take any steps to ensure public property is safe or conducive to mobile vending activities.

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

B. The operator and its employees, if applicable, shall also submit a complete set of fingerprints to the Chief of the Orange Police Department or designee, in a manner and form approved by the Chief of Police. The operator and its employees shall pay for any fees for the fingerprints. Pursuant to California Penal Code Sections 11105 and 13300, the City Council 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 operator must immediately notify the City in writing of any changes to the information provided in the application or this chapter after the issuance of a Mobile Vending Vehicle Permit. A Mobile Vending Vehicle Permit Change of Information Fee shall be assessed against any operator who has been issued a Mobile Vending Vehicle Permit and changes any information as provided in the application or this chapter. Said fee shall be as established by resolution of the City Council.

D. Payment of an application permit fee and renewal permit fees. Each application for a Mobile Vending Vehicle Permit shall be accompanied by an application permit fee or renewal permit fee as established by resolution of the City Council. The application permit fee and renewal permit fees are only applicable to the operator named in the application. The application permit fee and renewal permit fee are non-refundable, and may not be assigned or prorated.

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E. Payment of an employee application permit fee, if applicable , and renewal permit fees. For each person who will be employed or engaged in mobile vending activity for an operator of a Mobile Vending Vehicle Permit, an employee application shall be submitted and accompanied by an application permit fee or renewal permit fee as established by resolution of the City Council.

The application permit fee and renewal permit fee are non-refundable, and may not be assigned or prorated.

5.53.070 Investigation and Findings for Mobile Vending Vehicle Permit.

A. Determination of Completeness. The Director shall, within 30 calendar days, review the submission of any application for a Mobile Vending Vehicle Permit to determine if the application contains all the requisite information set forth in Section 5.5 3.060. 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 operator specifying the information that is missing. Failure of the operator to submit the missing information within 30 calendar days of the Notice of Incompleteness shall be deemed an administrative withdrawal of the Mobile Vending Vehicle Permit application by the operator.

B. Investigation and findings. Upon receipt of a complete Mobile Vending Vehicle Permit application (and requisite fees), the Director shall conduct a thorough investigation of the application and shall make a determination upon the application wit hin 6 0. 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 Mobile Vending Vehicle Permit unless the Director determines that any of the following disqualifications exist:

1. The operator has failed to submit any of the information, documentation, or fees required pursuant to Section 5.53.060 of this chapter;

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

4. The operator's proposed mobile vending activity, as described in the application, is inconsistent with the standards, conditions, prohibitions, or requirements set forth in this chapter;

5. The operator has failed to demonstrate an ability to conform to the standards, conditions, prohibitions, or requirements set forth in this chapter;

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

7. The conduct of the mobile vendor will unduly inte rfere 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 mobile vending activity will constitute a fire hazard;

9. The conduct of such mobile 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 operator has had a Mobile Vending Vehicle Permit revoked or denied within the previous year;

11. The operator 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 operator including its employee(s), if applicable, has been convicted of any felony or misdemeanor offense during the last 5 years prior to the date of the application involving any moral turpitude, driving under the influence of alcohol or other controlled substance; any crime involving the sale, use of, or transportation of narcotics; any crime involving reckless driving; any suspension of driver license; a criminal assault; any crime involving theft or embezzlement; or any child annoyance or sex -related crime, or is otherwise still on probation or parole for a felony or misdemeanor offense as set forth in this section;

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

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

15. The operator has not maintained required insurance to protect the City from liability associate d with the mobile vendor’s activities, including naming of the City as an additional insured, as determined by the City's risk manager; or

16. The operator has not satisfactorily provided all additional information requested by the Director to consider the operator's application. 99 13

5.53.080 Denial of Mobile Vending Vehicle Permit.

A. If a Mobile Vending Vehicle Permit is denied pursuant to this chapter, the operator shall be notified in writing of the denial of the permit, along with the grounds for denial. The notice shall also advise the operator of the ability to appeal the denial in the manner set forth in Section

5.53.120 of this chapter. Notice shall be mailed to the operator at the address listed in the application.

B. Any operator who has been denied a Mobile Vending Vehicle Permit pursuant to this chapter shall not be eligible to re -apply for a Mobile Vending Vehicle Permit for a period of one year from the date of the written denial.

5.53.090 Permit Not Transferable.

A Mobile Vending Vehicle Permit issued pursuant to the provisions of this chapter shall not be assignable or transferable to any other entity or person. Any change in ownership, mobile operation or vending activity of an issued Mobile Vending Vehicle Permit requires the filing of an application for a new permit under this chapter.

5.53.100 Term of Permit and Renewal.

A. A Mobile Vending Vehicle Permit issued pursuant to the provisions of this chapter shall automatically expire one year from the date issued unless an earlier expiration date is noted on the permit.

B. Renewal of permit. Any operator who has been issued a Mobile Vending Vehicle Permit and seeks to continue mobile vending must renew before the Mobile Vending Vehicle Permit has expired through the same application process described in Section 5.5 3.060 of this chapter. Unless timely rene wed, any Mobile Vending Vehicle Permit issued pursuant to this chapter shall expire and become null and void at the end of its term.

C. Renewal of permit after revocation. Any operator whose Mobile Vending Vehicle Permit is revoked may not renew their permit for one year from the date it is revoked.

D. Denial of permit. Any operator who has been denied a Mobile Vending Vehicle Permit pursuant to this chapter shall not be eligible to re -apply for a Mobile Vending Vehicle Permit for a period of one year from the written denial.

5.53.110 Operators of Mobile Vending Vehicles.

A. No person, including the operator and/or its employee(s), shall engage, furnish, operate, conduct, maintain or advertise as any mobile vendor in any mobile vending vehicle if such person has been convicted during the last 5 years of any felony or misdemeanor crime involving driving under the influence of alcohol or other controlled substance; any crime involving the sale, use of, or transportation of narcotics; any crime involving reckless driving; any offense resulting 100
14 in suspension of driver’s license; a criminal assault; any crime involving theft or embezzlement; or any child annoyance or sex-related crime that requires registry as a sex offender and unless that person holds a valid driver’s license authorizing the operation of such vehicle type.

B. All operators and employees shall undergo a background investigation with the Orange Police Department and meet the qualifications prior to issuance of a Mobile Vending Vehicle Permit. If a Mobile Vending Vehicle Permit has been issued and later determined that said person was convicted of any felony or misdemeanor crimes listed above, then the Mobile Vending Vehicle Permit shall be immediately revoked unless appealed pursuant to 5.53.120.

5.53.120 Appeals of Denial or Revocation of Mobile Vending Vehicle Permit.

A. Appeal of denial or revocation of Mobile Vending Vehicle Permit.

1. Any person who has been denied a Mobile Vending Vehicle Permit or who has had a Mobile Vending Vehicle Permit revoked by the Director pursuant to the provisions of this chapter may appeal such determination to the City hearing officer, by filing a request for an appeal with the City Clerk, and tenderin g a filing and appeal fee as set by resolution of the City Council, within 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 revocation by the Director;

c. A statement as to all grounds for appeal in sufficient detail to enable the City 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 City hearing officer within 30 calendar days of the filing of the appeal along with the appeal fee unless both the appellant and the City hearing officer consent to a later date.

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

B. After the hearing, the City hearing officer shall affirm, modify, or reverse the original denial or revocation. When a denial or revocation is modified or reversed, the City hearing officer shall state the specific reasons for modification or reversal. Decisions on appeals shall be 101
15 rendered within 30 calendar days of the close of the hearing. The City hearing officer shall mail notice of a decision to the appellant. Such notice shall be mailed within 5 working days after the date of the decision to the appellant. The decision of the hearing officer shall be final.

5.53.130 Conditions and Restrictions Imposed on Permit: Public Safety Justification.

A. Mobile 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 Mobile Vending Vehicle Permit issued pursuant to this chapter.

B. The conditions, restrictions and operating requirements set forth in this chapter are intended to protect the health, welfare and public 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 existing driveways;

3. Protecting access to publi c rights-of-way by disabled persons to comply with the Americans with Disabilities Act;

4. Ensuring safe pedestrian pathways in areas commonly utilized by pedestrians;

5. Preventing the appearance of “marketplace” vending which is more likely to generate crowd ing on public sidewalks that would impede pedestrians and accessible use of sidewalks by disabled persons;

6. Reducing the chance pedestrians will enter vehicular right of ways or block the entrance or exit of a business;

7. Reducing the danger that children w ill enter into traffic and be injured or killed trying to reach a vendor especially near schools, day care facilities, parks and recreational facilities;

8. Reducing unnecessary or unanticipated slowing of vehicles approaching on- ramps, immediately adjacent to curb and sidewalk, or exiting freeway off-ramps where drivers are merging into oncoming traffic which is 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 such as lighting;

11. Causing excessive noise that disturbs the peace;
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16 12. Eliminating litter, refuse and food waste from the public right-of-way; and

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

5.53.140 Mobile Vending Operational Regulations.

A. Any person or operator vending from a mobile vending vehicle shall comply with the following regulations:

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

2. Mobile vendors shall continuously maintain vehicle operation in compliance with safety provisions contained in the California Vehicle Code.

3. Mobile vendors shall only conduct vending operations at the location, area or route approved by the Director and shall display a City-issued Mobile Vending Vehicle Permit and business license on the right-side portion of the mobile vending vehicle. An operator who has been issued a valid Mobile Vending Vehicle Permit shall always be at the approved location, area or route while conducting mobile vending activities except as permitted by law for reasonable time away due to rest, restroom, and meal breaks. The operator 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 mobile vending activities.

4. Any health permit required by law for v ending any food item s shall be displayed at all times in a conspicuous place upon each mobile vending vehicle.

5. Every mobile vending vehicle shall have the name, address, and telephone number of the operator permanently affixed on both the left and right sides of th e vehicle. Such information shall be in letters and numerals not less than four inches in height and shall contrast with the color of the background upon which the letters are placed.

6. Mobile vendor operators shall comply with all applicable laws relating to the employment of minors. Any minor assisting with or engaged in mobile vending shall be accompanied by a mobile 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 mobile vendor.

7. Every mobile vendor shall maintain the area immediately surrounding the vending area in a neat, clean, orderly, and sanitary condition. Prior to leaving any vending location, the mobile vendor shall pick up, remove, an d lawfully dispose of all byproducts (including fats, oils, and grease) and litter generated by the vending operation (whether by the vendor or customer) within 25 feet of the vending location. Mobile 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 public 103
17 or private street, alley, highway, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City.

8. Mobile vendors may place waste containers on public sidewalks , provided that a minimum of 48 inches of accessible path of travel for pedestrians is maintained.

9. Any mobile vending vehicle m ay stop for a maximum of 4 hours per stop in any commercial or industrial zone excluding residential zones but may only occupy one parking space or two parking spaces for vehicles attached with a vending trailer on public or private streets, alleys, or highways . Normal parking rates for each parking space, either wholly or partially occupied and/or posted parking restriction signage shall apply. The vendor must move at least one whole block before making another stop.

10. If applicable, a mobile vending trailer must be attached to a tow vehicle while engaging in mobile vending activities.

11. Any mobile food vehicle that is vending in the City for longer than one hour during any 24-hour period must be legally parked within 200 feet of an approved and readily available toilet and hand -washing facility, or as otherwise approved by the City and/or Orange County Health Care Agency Environmental Health Division, to ensure that restroom facilities are available to the mobile food vehicle operator and its employees. The mobile food vehicle operator must provide written evidence to the City upon demand that they have permission from an adjoining private property owner to use their restroom facilities.

12. Any mobile vending vehicle in a residential zone shall move continuously except when necessary to complet e a sales transaction but must not exceed a maximum of 10 minutes to complete the transaction.

13. Vending may only occur when the mobile vending vehicle is legally parked in a public or private street, alley, or highway . Mobile vendors shall comply with the California Vehicle Code, along with Title 10 (Vehicles and Traffic) and Title 1 2 (Streets, Sidewalks and Public Places) of this code, including all posted signage relating to parking, stopping, standing, loading/unloading zones, fire lanes, red curbs and or any other restrictions at all times.

14. Vending within the public right-of-way shall not be conducted before 7:00 a.m. or after 7:00 p.m. in any residential zone.

15. Mobile vendors shall ensure that all customer queuing, waiting areas, or lines do not block, hinder, or interfere with pedestrian thoroughfare of a minimum of 48 inches of accessible path of travel on the sidewalk in front of the mobile vending vehicle or vehicular traffic along, over, or across public or private property.

16. Mobile vendors shall discourage congregation of customers within 25 feet of the vending location.

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18 17. Mobile vending vehicles shall park in a manner which ensures that customers shall be able to order and pick up food or merchandise safely without stepping into a parking space, into a street, or into landscaped area.

18. Mobile vendors engaged in the vending of food or beverages shall have hand sanitizer located in a conspicuous location readily available for use by customers.

19. Mobile 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.

20. Mobile vendors who vend any food, beverage, or liquid product s must implement the following best management practices:

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

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

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

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

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

21. During an urgent or emergency public safety event or incident, including, but not limited to, a traffic accident, crime scene, medical emergency, 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 mobile vendor to relocate to another location or area if doing so is necessary to protect the public’s safety, health or welfare.

22. Mobile vendors shall present a valid government -issued photo identification, California driver license or identification card, Mobile Vending Vehicle Permit, business license, and other applicable license or permit, upon the request of any City official including a City code compliance officer, police officer, firefighter, fire prevention specialist or examiner, and Orange County health inspector authorized to enforce the provisions of this chapter.

5.53.150 Prohibited Conduct and Activities for Mobile Vendors.

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19 No person or operator vending from a mobile vending vehicle which is stopped, parked, or standing on any applicable public or private street , property, alley, highway, parking space, landscaped area, vacant lot, sidewalk, or other right-of-way shall:

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, or propane barbecue grills on mobile vending vehicles unless approved by the Director, Orange City Fire Department and Orange County Health Care Agency Environmental Health Division.

D. Utilize gasoline or kerosene as part of any cooking or heating element.

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, conduct mobile 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 sidewalk vending cart as defined in Section 5.54.020.

H. Touch the pe rson(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. Mobile vendors shall only utilize the minimum amount of luminaires necessary for the safe operation of the mobile vending activity as determined by the City.

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

1. Live animal(s);

2. Adult-oriented material depicting, describin g, 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, cannabis, or marijuana;

4. Weapons, including knives, gun s, or explosive devices; airsoft guns, paintball guns, BB devices or imitation firearms;

5. Pharmaceuticals;

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20 6. Illegal or counterfeit merchandise; or

7. Any other food, 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. Furthermore, no mobile vendor shall use, operate, or permit horns, bells, whistles, or other noisemaking devices.

L. Allow any mobile vending equipment to touch, lean against or be affixed or fastened at any time to any building, structure or above-ground structure including, but not limited to poles, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, waste receptacles, or traffic barriers.

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

N. Vend in congested areas where it may impede or block the public or create a traffic or pedestrian hazard.

O. Display flashing neon or electronic display signs or visual displays that are intended to, or do in fact, distract drivers, and draw attention to the mobile vending vehicle.

P. Attach to or receive any electrical power or other utilities from any public or private property.

Q. Install, place, fabricate, or otherwise use jacking, lifting, or static platforms whether they are hydraulic or mechanical, of any sort, within any public or private street, alley, or highway in order to level the vehicle for operation.

R. Engage in restocking of the mobile vending vehicle.

S. For public safety concerns, including but not limited to pedestrian, vehicular, public, and mobile vendor safety, no mobile vending vehicle shall stop, park, or stand to make sales transactions from the following locations , or within the number of feet designated below from the nearest portion of the following locations:

1. Within 50 feet of any street intersection;

2. Within 50 feet of any traffic control device (including traffic signals and traffic signs);

3. Within 50 feet of a fire hydrant or connection, fire lane, fire call box, or other emergency facility;

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21 4. On any designated emergency vehicle access way;

5. Within 50 feet of any driveway or driveway apron;

6. Within 50 feet of a marked crosswalk;

7. Within 50 feet of a curb return of an unmarked crosswalk or curb ramp;

8. Within 50 feet of any loading and unloading zone, parking space, or access ramp or parking space designed for individuals with disabilities;

9. Within 50 feet of a bus stop, taxi stand, bus bench, or bus shelter;

10. Within 50 feet 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;

11. Within 50 feet of another mobile vendor or sidewalk vendor;

12. Within 500 feet of any permitted certified farmer’s 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 farmer’s market, swap meet, or temporary special permit;

13. Within 500 feet of the nearest property line of any property on which a school, recreational facility, a place of worship, or a child day -care facility, unless authorized to do so in writing by the school district, owner or legal representative of the recreational facility, place of worship, or child day-care facility, and with a special event permit, if applicable;

14. Within 500 feet of the nearest property line of any private homeowners association as defined in Section 17.04.027 of this code, park or City park except at specific City parks pursuant to Section 5.53.160;

15. Within 500 feet of any property on which a private and post -secondary education, college or university building or campus is located, unless authorized to do so in writing by the private and post-secondary education, college or university, and with a special event permit, if applicable;

16. Within 50 feet of any parking lot or parking structure;

17. Within 50 feet of any railroad crossing or train tracks;

18. Within 500 feet of any major transit stop;

19. Within 25 feet of any active encroachment permit issued and displayed during the time and dates listed in the permit;

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22 20. Within 25 feet of any automated teller machine (ATM) or parking pay station;

21. Within 25 feet of any outdoor dining or patio area of a business;

22. Within 500 feet of a freeway on-ramp or off-ramp;

23. Within 500 feet of a backup City Emergency Operations Center, identified in the City's Emergency Operations Plan, during the operational period;

24. Within 500 feet 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;

25. When the p osted speed limit sign on the public or private street, alley or highway is greater than 35 miles per hour;

26. When it is parked in violation of any othe r provision of this code or the California Vehicle Code;

27. Unless it has been brought to a complete stop and parked adjacent to a curb in a lawful manner;

28. When it is open to prospective customers on the side of the vehicle other than next to the right side of the public or private street, sidewalk, alley, or highway;

29. When the prospective customer is standing or sitting in another vehicle;

30. When the prospective custom er is in that portion of the public or private street, alley or highway which is open to vehicular traffic; and

31. When the mobile food vehicle has passed a prospective customer and must drive in reverse to make or attempt a sale.

5.53.160 Exemption Related to City Parks.

The following exemption shall apply: the Director of Community Services may review and approve mobile vending activities as part of a special event permit and/or as a concessionaire conducted by a permitted mobile vendor on City property operated under the jurisdiction of the Community Services Department and promulgate rules of operation in park locations, including operation hours.

5.53.170 Mobile Food Vehicle Vending at Active Construction Sites.

A. The regulations contained in this section apply specifically to an operator who holds a valid Mobile Vending Vehicle Permit for the mobile food vehicle who solely intends on vending 109
23 food and /or drinks at an active construction site that ha s a valid City buildi ng permit in a commercial, manufacturing, industrial or residential zone

B. Vending at active construction sites. Mobile food vehicles may park on private or public property at the request and with written consent of the person who is in legal control of the property where the performance of lawful construction activity with a valid City building permit has been issued for the property. The sole purpose of the mobile food vehicle is exclusively for the sale of food and/or drinks to construction employees performing lawful construction on a private property located in a commercial, manufacturing, industrial or residential zone.

C. The following restrictions apply to such vending at active construction sites:

1. No sales of food or drinks shall be made to the general public.

2. A mobile food vehicle shall not be parked for a period of more than one hour.

3. A mobile food vehicle must either park on the construction site of the private property or immediately in front of it on the public street abiding by any an d all parking restrictions, codes or laws.

4. Nothing in this section shall be construed to excuse a valid mobile food vehicle vendor from complying with any and all of the provisions of this chapter.

5.53.180 Private Property Use by Mobile Vendors.

A. No property owner shall allow any mobile vehicle vendor operations on their property (i) unless the vendor holds a valid Mobile Vending Vehicle Permit issued by the City authorizing the vendor to operate and vend on the private property and (ii) except in compliance with the following requirements:

1. Mobile v endors shall have the private property owner’s written authorization to operate and vend on the private property in their possession at a ll times. The written authorization shall describe the approved location and operation schedule. Documentation of the private property owner’s written authorization shall be provided to code compliance upon filing of an application for a Mobile Vending Vehicle Permit and/or upon request.

2. Mobile v ending shall only be conducted on private property used for nonresidential purposes, such as in commercial, manufacturing, or industrial zones except as otherwise permitted by any other provisions of this code.

3. Only one mobile vendor is allowed on any individual private property at any given time that the mobile vending activity is in operation.

4. Mobile vendors shall only occupy parking spaces not required to meet the minimum requirements of the current permitted uses on the private property per Title 17 of this 110
24 code (Zoning), or of other off -site uses if those spaces are leased under a shared parking facility agreement with a conditional use permit. This requirement does not apply if the hours of operation for the mobile vendor and the permitted uses on the private property do not coincide.

5. Mobile v endors shall not occupy any paved area required for loading, circulation, or fire access.

6. Nothing in this section shall be construed to excuse mobile vendors from complying with any and all of the provisions of this chapter.

7. Mobile vending operations on private property beyond the requirements of this section or provisions contained in this chapter may be allowed by permit pursuant to Title 17 (Zoning). In addition, the Director may require a permit whenever it appears that mobile vending activities are having an adverse impact on the use of the property or neighboring properties, including traffic, circulation, parking availability, noise, trash, or other reasons of public safety or health.

B. This section does not apply to any private event in a commercial, manufacturing, industrial or residential zone where a mobile food vendor with a valid Mobile Vending Vehicle Permit has obtained the private property owner’s written permission to cater for a private event that is held exclusively on the private property and that is not open to the general public. No sales of food or drinks sh all be made to the general public including any persons who are attendees of the privately catered event. Nothing in this section shall be construed to exempt a valid mobile food vehicle vendor providing private catering services on private property from complying with any and all of the provisions of this chapter.

5.53.190 Enforcement.

A. Violations deemed a nuisance . It is unlawful and declared a public nuisance for any owner , operator, or person to operate, conduct, or maintain a mobile vending vehicle contrary to the provisions of this chapter.

B. Criminal penalties . Any owner or person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding 6 months, or by both; except the City Attorney, in their discretion, may prosecute a violation of this chapter as an infraction subject to the penalties in of this code.

C. Administrative citations . Administrative citations may be issued for viol ations of the provisions of this chapter, as set forth in Chapter 1.10 of this code.

D. Civil or equitable enforcement . The City Attorney may bring a civil or equitable action to seek the abatement of any violation of this chapter.

E. Aiding, abetting, and omissions . Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
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25 F. Ongoing violations . Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

G. Remedies cumulative . The remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other remedies, procedures, and penalties available under City, state, or federal law.

SECTION IV:

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 V:

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 )

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26 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

113
Agenda Item
City Council
Item #: 4.1. 7/25/2023 File #: 23-0443

1. SUBJECT
Designation of voting delegate and alternate(s) for the 2023 League of California Cities (Cal Cities) Annual Conference & Expo.

2. SUMMARY
Cal Cities requires that each city designate, by Council action, a representative and up to two alternates for the Business Meeting held during the Annual League Conference scheduled for September 20-22, 2023.

3. RECOMMENDED ACTION
Designate a voting member and at least one alternate to attend the Friday, September 22, 2023, League of California Cities Annual Business Meeting.

4. FISCAL IMPACT
The voting delegate is required to register and attend the Cal Cities Conference. The City will incur any expenses necessary for registration to enable the delegate to attend and participate at the Annual Business Meeting on Friday, September 22.

5. DISCUSSION AND BACKGROUND
The League of California Cities is one of the primary lobbying organizations for municipalities at the State level. Cal Cities advocates a number of key policy decisions in order to support cities and represent municipal interests to the Assembly and Governor. In order to ensure the views of the City of Orange are represented to the League in formulating policies, the City must designate a delegate to represent the City at the League Conference and the Annual Business Meeting.

The League’s 2023 Annual Conference & Expo is scheduled for September 20-22, 2023, in Sacramento. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 22. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

The City of Orange must designate a voting delegate to represent the City at the Annual Business Meeting. The City may also appoint at least one alternate voting delegate. One of these delegates may represent the City in the event that the designated voting delegate is unable to attend the conference.

The designation of a voting delegate and alternates must be completed by City Council action. The Voting Delegate/Alternate Form must be submitted to Cal Cities no later than August 28, 2023. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only.

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6. ATTACHMENTS
· General Assembly Voting Guidelines
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Agenda Item
City Council
Item #: 4.1. 7/25/2023 File #: 23-0443

1. SUBJECT
Designation of voting delegate and alternate(s) for the 2023 League of California Cities (Cal Cities) Annual Conference & Expo.

3. RECOMMENDED ACTION
Designate a voting member and at least one alternate to attend the Friday, September 22, 2023, League of California Cities Annual Business Meeting.

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6. ATTACHMENTS
· General Assembly Voting Guidelines
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 119 Agenda Item
City Council
Item #: 6.1. 7/25/2023 File #: 23-0460
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Examination of Census Tract 219.14 (El Modena area) for Community Development Block Grant funding eligibility during Fiscal Years 2000 - 2023.

2. SUMMARY
An examination of the eligibility of the El Modena area in Census Tract 219.14 for Community Development Block Grant funding determined that Census Tract 219.14 has not met the eligibility requirements from the Department of Housing and Urban Development for funding as of 2000, with the exception of 2010, due to a one-time waiver.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
On May 9, 2023, during the Public Hearing for the approval of the 2023-2024 Annual Action Plan, staff received direction from the City Council to return with information on the changes in eligibility of Census Tract 219.14 for Community Development Block Grant (CDBG) funding. The request was made in response to public concerns over the lack of investment of CDBG funding in the El Modena area that corresponds to Census Tract 219.14.

Staff retained the services of a CDBG mapping consultant at Michael Baker International (MBI) to conduct an independent examination of the area to determine the following:

1. Eligibility of the El Modena area using the data sources available directly from the Federal Department of Housing and Urban Development (HUD) and the U.S. Census Bureau;

2. Identify changes to socio-economic conditions of the area between 2000-2023 to determine when CDBG funding eligibility had changed; and
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Item #: 6.1. 7/25/2023 File #: 23-0460

3. Identify other factors, economic or otherwise, that impact the eligibility of an area.

The findings of this effort were provided to HUD to confirm accuracy and validity.

Background
HUD provides entitlement cities, such as the City of Orange that receive annual CDBG funding, with American Community Survey (ACS) data to determine eligibility of CDBG funding as it becomes available. ACS data represents smaller Census Bureau data collection samples in limited geographic areas during the years between the decennial census, with those samplings extrapolated to the entire census tract. At the time of the creation of the 2020-2024 Consolidated Plan (equivalent to Fiscal Years 2021-2025) and corresponding Annual Action Plans, including the 2023-2024 Action Plan, the most recent data available was the ACS 2015 data.

The Consolidated Plan (Con Plan) is a five-year strategic plan required by HUD that outlines the priorities for the five Annual Action Plans. Annual Action Plans are specific to each year in the Consolidated Plan cycle and outline the City’splan and intent for the use of funds in each program year.

Map Examination Findings
The examination of Census Tract 219.14 by MBI determined that the area has not qualified under HUD’seligibility guidelines from 2000 to the present. In order for an area to qualify, 50% or more of the households in an area must have incomes below 60% of the Area Median Income (AMI). The exception of eligibility of Census Tract 219.14 is in 2010 as a result of a one-time waiver from HUD that permitted selected counties to use uncapped income limits to determine eligibility.

For specific details on how the determination of the eligibility of Census Tract 219.14 was made, refer to MBI’s report (Attachment 1).

Internal Review
At the Public Hearing on May 9, 2023, the information that staff had at the time cited ACS 2015 data as the source data used to create the eligibility map (Attachment 2) in the 2020-2024 Con Plan. The map in the Con Plan depicted Census Tract 219.14 as a CDBG eligible area. The maps used in the application process for the subsequent Action Plans corresponding to the Con Plan, however, depicted a different eligibility map with Census Tract 219.14 no longer qualifying using the same source data (Attachment 3).

As part of the internal review of the records for Census Tract 219.14, the Con Plan map and the maps in the subsequent Action Plans were recreated by the City’sGIS Division to verify the source data cited in each of the maps for accuracy. GIS staff were able to determine that the source data had been incorrectly cited for the map approved with the Con Plan (Attachment 2) and confirmed that the source data used to create the map was ACS 2010 data. The subsequent maps used in the Annual Action Plans (Attachment 3), where Census Tract 219.14 is not an eligible area, however, were confirmed to have been generated with ACS 2015 data.

Conclusion
Census Tract 219.14 has not met the eligibility criteria for CDBG funding from 2000 to the present, with the exception of 2010 due to a one-time waiver from HUD in response to the subprime mortgage City of Orange Printed on 7/20/2023Page 2 of 3
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Item #: 6.1. 7/25/2023 File #: 23-0460
crisis of 2007-2010.

In order to correct the eligibility map in the 2020-2024 Con Plan, staff will return to Council to substantially amend the Con Plan and adopt a corrected map to be generated by the City’smapping consultant to ensure the correct data set is used and interpreted. Additionally, staff will update the Citizen Participation Plan that outlines the policies adopted by the City to ensure citizen participation in the development of the Con Plan and the Annual Action Plans and the Policies and Procedures, in order to ensure that the process for updating the map in the Con Plan and Annual Action Plans are streamlined moving forward.

1. SUBJECT
Examination of Census Tract 219.14 (El Modena area) for Community Development Block Grant funding eligibility during Fiscal Years 2000 - 2023.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

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

Staff retained the services of a CDBG mapping consultant at Michael Baker International (MBI) to conduct an independent examination of the area to determine the following:

1. Eligibility of the El Modena area using the data sources available directly from the Federal Department of Housing and Urban Development (HUD) and the U.S. Census Bureau;

3. Identify other factors, economic or otherwise, that impact the eligibility of an area.

The findings of this effort were provided to HUD to confirm accuracy and validity.

For specific details on how the determination of the eligibility of Census Tract 219.14 was made, refer to MBI’s report (Attachment 1).

Conclusion
Census Tract 219.14 has not met the eligibility criteria for CDBG funding from 2000 to the present, with the exception of 2010 due to a one-time waiver from HUD in response to the subprime mortgage City of Orange Printed on 7/20/2023Page 2 of 3
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crisis of 2007-2010.

7. ATTACHMENTS
· Attachment 1 - Michael Baker International Study of Census Tract 219.14 · Attachment 2 - 2020-2024 Consolidated Plan Eligibility Map · Attachment 3 - 2021 Annual Action Plan Eligibility Map City of Orange Printed on 7/20/2023Page 3 of 3
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City of Orange
Consolidated Map Report
1 | Page
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City of Orange
Consolidated Map Report
2 | Page
Overview
On May 10, 2023, the City of Orange reached out to Michael Baker International to resolve a question about the Low-to-Moderate Income (LMI) Map presented in the City’s 2020- 2024 Consolidated Plan (ConPlan), and second map that was used in early 2021 for the Notice of Funding Availability (NOFA) for Community Development Block Grant Funds.

Working with City staff and associated departments, the team at Michael Baker International were able to identify the discrepancies between the two maps. This report will:
 Determine how the Department of Housing and Urban Development (HUD) qualifies LMI Census Tracts
 Show progression of changes in Census Tract 219.14 from 2000, 2010, 2015, and 2020 Census Years via US Census and ACS data
 Report on how external influences in the housing market and factors such as home value and tenure are indicators of areas that may be considered LMI-qualifying, especially for Census Tract 219.14 (see Fig 1).

The finding of this report is that Census Tract 219.14 has not qualified for LMI status per HUD’s definition since 2000. The outlier year of 2010 where the area did qualify did so because HUD had uncapped the Income Limits for Orange County to address the subprime mortgage crisis. The sources that were used to research and make this determination are:
 US Census/ACS (https://data.census.gov/)
 State of California Income Limits (https://www.hcd.ca.gov/grants-and- funding/income-limits)
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City of Orange
Consolidated Map Report
3 | Page
The initial map in question was generated from Census Data from 2010. The second map that contradicted the 2010 map was generated from Census Data from 2015. For consistency, this report will focus on three years, 2010, 2015, and 2020. We used 2020 Census Data to show the current status of Census Tract 219.14. In the map below, the yellow area is the part of Census Tract 219.14 that is within the city limits of the City of Orange.

Figure 1 Census Tract Map Detail, 2023 ACS
Determination of an LMI area and Map Creation
Creation of an LMI map involves an overview of the Low to Moderate Income Population at the city level, and at the block group level. The data utilized in these maps are sourced from HUD, incorporating special tabulations and the American Community Survey data.

The areas identified as LMI are based on the thresholds established by HUD. The Community Development Block Grant (CDBG) program requires that each CDBG funded activity must either principally benefit low- and moderate-income (LMI) persons, aid in the prevention or elimination of slums or blight or meet a community development need having a particular urgency. Most activities funded by the Community Development Block Grant (CDBG) program are designed to benefit low- and moderate-income (LMI) persons.

This benefit may take the form of housing, jobs, and services. Additionally, activities may qualify for CDBG assistance if the activity will benefit all the residents of a primarily 128
City of Orange
Consolidated Map Report
4 | Page
residential area where at least 50 percent of households are low- and moderate-income.

LMI households are those with incomes below 60% of the Area Median Income (AMI)1.

Research
Maps
In researching the history of the map that was included in the 2020-2024 City of Orange Consolidated Plan (Fig. 2), Michael Baker relied on the City’s GIS department who created the map using the data set from 2010 Census and 2014 Low- and Moderate- Income Summary Data per the ACS. It is important to note that 2020 Census information was not fully released until early 2021, and unavailable at the time the Consolidated Plan was created in 2020. However, 2015 ACS estimates were available, which was the source of the second map that accompanied the NOFA (Fig. 3). Michael Baker staff has created a 2020 Map using the 2020 Decennial 2020 Census Data to identify whether a LMI qualified for the El Modena Neighborhood (CT 219.14), the Census Tract did not qualify (Fig. 4).

Figure 2 2020-2024 ConPlan Map (2010 Census Data)
1 Hud Exchange, CDBG Low- and Moderate-Income Data (https://www.hudexchange.info/programs/cdbg/cdbg- low-moderate-income-data/)
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Figure 3 2015 ACS Data LMI Map
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Figure 4 2020 ACS LMI Map
Data trends
Income
Household Income is the most impactful data to determine if a Census Tract area is eligible for CDBG funding. In examining trends from 2000, 2010, 2015 and 2020, we can determine what changes could have occurred that may make a Census Tract ineligible.

The data pulled included information provided by the US Census Website (https://data.census.gov/), and information for the City of Orange as well as for Census Tract (219.14). As shown in the figure below, to pull relevant income four (4) filters were used as follows:
 Income (Households, Families, Individuals)
 Poverty
 Year (2000, 2010, 2015, 2020)
 Location (City of Orange and Census Tract 219.14)
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Figure 5 Screenshot from US Census Data website - Income Income Data Results by Year
2000
FY 2000 Income Limits were not located for Orange County. Micheal Baker staff was able to locate FY 1999 Income Limits and FY 2005 Income Limits. To more accurately calculate FY 2000 data, Michael Baker Staff used FY 1999 Income Limits and increased it by the Cost of Living Adjustment (COLA) for FY 2000 (3.5%2) (see Fig. 6).

For the 2000 Census year, the City of Orange had a total of 41,030 Households. The Median Income (dollars) was $58,994. The Income Limits to qualify as a LMI area for 2000 (60% or below Income Level) was $54,444 or less per household Income (see Fig. 6). In 2010 46% of households in the City qualified as LMI. 22 https://www.ssa.gov/oact/cola/colaseries.html
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Income Limits - Orange County, CA FY 2000
Household
Size 1 2 3 4 5 6 7 8 9
1999 Income
Limits 20,249 31,345 41,811 52,603 64,611 78,110 94,231 115,492 156,882 CPI
Increase* 709 1,097 1,463 1,841 2,261 2,734 3,298 4,042 5,491 FY 2000
adjusted 20,958 32,442 43,274 54,444 66,872 80,844 97,529 119,534 162,373 * CPI increase based on cost-of-living increase
for FY 2000 which was 3.4%
Figure 6 2000 State of California Income Limits, Orange County Census Tract 219.14 had 1,305 total households. This is roughly 3% of the total households for the City of Orange. The median household income of this Census Tract was 14% higher than the average of the City of Orange at $68,255 Median Household Income. Given the Income Limits illustrated in Fig. 6, the total percent of qualified households in the Census Tract that fell below 60% of the Income Level Limits was 39%.

In 2000, Census Tract 219.14 did not qualify as an LMI area.

US Census Data Census Tract 219.14 2010
Total households 1,305
Less than $10,000 44 3.4%
$10,000 to $14,999 1.78 1.8%
$15,000 to $24,999 39 3.0%
$25,000 to $34,999 148 11.3%
$35,000 to $49,999 189 14.5%
$50,000 to $74,999 322 24.7%
$75,000 to $99,999 150 11.5%
$100,000 to $149,999 213 16.3%
$150,000 to $199,999 124 9.5%
$200,000 or more 52 4.0%
Median household income (dollars) 68,255
Table 1 US Census Income 2000 Census Tract 219.14
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2010
2010 was an outlier year for HUD Income Limits qualification. The subprime mortgage crisis of 2007-10 stemmed from an earlier expansion of mortgage credit, including to borrowers who previously would have had difficulty getting mortgages, which both contributed to and was facilitated by rapidly rising home prices 3. HUD released a memo in June of 2010 permitting selected Counties to use “uncapped” income limits to determine LMI (see attached HUD memo). The percentage went from 60% of AMI to 80%. For the 2010 Census year, the City of Orange had a total of 41,986 Households.

The Median Income (dollars) was $72,784. The Income Limits to qualify as an LMI area for 2010 (80% or below Income Level) was $63,800 or less per household Income (see Fig. 7). In 2010 67% of households in the City qualified as LMI.

FY 2010 Uncapped Low Income Limits
Uncapped FY 2010 Low Income Limits
County State 1-Person 2-Persons 3-Persons 4-Persons 5-Persons 6-Persons 7-Persons 8-Persons Orange
County CA $48,800 $55,800 $62,800 $69,800 $75,300 $80,900 $86,500 $92,100 Figure 7 2010 State of California Income Limits, Orange County Census Tract 219.14 had 1,365 total households. This is roughly 3% of the total households for the City of Orange. The median household income of this Census Tract was 21% higher than the average of the City of Orange at $92,056 Median Household Income. Given the Income Limits illustrated in Fig. 7, the total percent of qualified households in the Census Tract that fell below 60% of the Income Level Limits was 35%.

In 2010, Census Tract 219.14 did not qualify as an LMI given HUD’s exception of “uncapped” income limits.

US Census Data Census Tract 219.14 2010
Total households 1,365
Less than $10,000 32 2%
$10,000 to $14,999 39 3%
$15,000 to $24,999 33 2%
$25,000 to $34,999 54 4%
$35,000 to $49,999 220 16%
$50,000 to $74,999 122 9%
$75,000 to $99,999 239 18%
$100,000 to $149,999 317 23%
$150,000 to $199,999 123 9%
$200,000 or more 186 14%
Median household income (dollars) 92,056
Table 2 US Census Income 2010 Census Tract 219.14
3 FederalReserveHistory.org; “Subprime Mortgage Crisis” 134
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2015
For the 2015 Census year, the City of Orange had a total of 42,686 Households. The Median Income (dollars) was $83,429. The Income Limits to qualify as an LMI area for 2015 (60% or below Income Level) was $56,220 or less per household Income (see Fig. 8).

Figure 8 2015 State of California Income Limits, Orange County Census Tract 219.14 had 1,306 total households. This is roughly 3% of the total households for the City of Orange. The median household income of this Census Tract was 1% higher than the average of the City of Orange at $84,524 Median Household Income. Given the Income Limits illustrated in Fig. 7, the total percent of qualified households in the Census Tract that fell below 60% of the Income Level Limits was 32%.

In 2015, Census Tract 219.14 did not qualify for LMI.

US Census Data Census Tract 219.14 2015
Total households 1,306
Less than $10,000 61 5%
$10,000 to $14,999 0 0%
$15,000 to $24,999 58 4%
$25,000 to $34,999 102 8%
$35,000 to $49,999 149 11%
$50,000 to $74,999 210 16%
$75,000 to $99,999 113 9%
$100,000 to $149,999 336 26%
$150,000 to $199,999 117 9%
$200,000 or more 160 12%
Median household income (dollars) 84,524
Table 3 US Census Income 2015 Census Tract 219.14
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2020
For the 2020 Census year, the City of Orange had a total of 43,327 Households. The Median Income (dollars) was $96,605. The Income Limits to qualify as an LMI area for 2020 (60% or below Income Level) was $102,450 or less per household Income (see Fig. 8). In 2020 52% of households in the City qualified as LMI.

Figure 9 2020 State of California Income Limits, Orange County Census Tract 219.14 had 1,268 total households. This is roughly 3% of the total households for the City of Orange. The median household income of this Census Tract was 138% higher than the average of the City of Orange at $133,750 Median Household Income. Given the Income Limits illustrated in Fig. 9, the total percent of qualified households in the Census Tract that fell below 60% of the Income Level Limits was 45%.

In 2020, Census Tract 219.14 did not qualify for LMI.

US Census Data Census Tract 219.14 2020
Total households 1,268
Less than $10,000 38 3%
$10,000 to $14,999 63 5%
$15,000 to $24,999 28 2%
$25,000 to $34,999 73 6%
$35,000 to $49,999 90 7%
$50,000 to $74,999 113 9%
$75,000 to $99,999 161 13%
$100,000 to $149,999 126 10%
$150,000 to $199,999 242 19%
$200,000 or more 334 26%
Median household income (dollars) 133,750
Table 4 US Census Income 2020 Census Tract 219.14
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Summary
US Census Data
Census Tract 219.14 2000 2010 %
Change 2015 %
Change 2020
%
Change
2000 to
2020
Total households 1305 1,365 5% 1,306 -4% 1,268 -3%
Less than $10,000 44 3% 32 2% -27% 61 5% 91% 38 3% -14% $10,000 to $14,999 24 2% 39 3% 63% 0 0% -100% 63 5% 163% $15,000 to $24,999 39 3% 33 2% -15% 58 4% 76% 28 2% -28% $25,000 to $34,999 148 11% 54 4% -64% 102 8% 89% 73 6% -51% $35,000 to $49,999 189 15% 220 16% 16% 149 11% -32% 90 7% -52% $50,000 to $74,999 322 25% 122 9% -62% 210 16% 72% 113 9% -65% $75,000 to $99,999 150 12% 239 18% 59% 113 9% -53% 161 13% 7% $100,000 to $149,999 213 16% 317 23% 49% 336 26% 6% 126 10% -41% $150,000 to $199,999 124 10% 123 9% -1% 117 9% -5% 242 19% 95% $200,000 or more 52 4% 186 14% 258% 160 12% -14% 334 26% 542% Median household
income (dollars) 68255 92,056 35% 84,524 -8% 133,750 45% Table 5 2000-2010-2015-2020 HH Income Table (ACS)
In examining trends in total household income for Census Tract 219.14, we can see in Table 5 that the total household incomes that increased the most significantly were those households that were $150,000+. This increase in household income indicates that the neighborhood has grown in affluence since 2000, where $150,000K+ household incomes made up 14% of the Census Tract, but by 2020 accounted for 45% of households. The outlier of a decrease in lower household income in 2010 is most likely due to the subprime lending crisis. Conversely, looking at percent changes in 2015, there are less households that reported low-moderate incomes. The shift from lower income households located in Census Tract 219.14 is illustrated in Chart 1 (below).
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Household Income Trends
Chart 1 HH Income Trend ACS 2000, 2010, 2015, 2020
This chart clearly illustrates the downward trend of lower-income households occurring in Census Tract 219.14. While the increase of $100,000+ income households are on the rise within the Census Tract.
0%
10%
20%
30%
40%
50%
60%
70%
2000 2010 2015 2020
Less than $10,000 to $74,999 $75,000 to $99,999 $100,000+ 138
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Home Value and Tenure
The value of a home helps identifies trends in the prosperity of a neighborhood. Areas with higher-valued homes are generally areas with higher household incomes.

Additionally, occupancy is also a determinant of qualifying LMI as thresholds for qualifications are based on number of people living in the home. Finally, tenure (owner- occupied vs. renter-occupied) could indicate if a Census Tract area could be identified as LMI-qualifying.

Home Value
For this report, Michael Baker staff focused on owner-occupied units within Census Tract 219.14. The housing values within this Census Tract have historically tracked higher than the City of Orange’s overall home values (see Chart 2). Additionally, homes with values of $500K and more have made up the dominant percentage of housing in Census Tract 219.14 (see Table 6).

Median Home Value
Chart 2 Median Home Value; ACS 2000, 2010, 2015, 2020
0 100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
2000 2010 2015 2020
Census Tract 219.14 City of Orange
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Year 2000 2010 2015 2020
Total owner-occupied units 891 958 1,267 921
Value Units % Units % Units % Units %
Less than $50,000 16 2% 10 1% 22 1% 0 0%
$50,000 to $99,999 44 5% 12 1% 7 0% 9 1%
$100,000 to $149,999 38 4% 0 0% 18 0% 0 0%
$150,000 to $199,999 95 11% 48 5% 32 2% 0 0%
$200,000 to $299,999 300 34% 52 5% 69 6% 0 0%
$300,000 to $499,999 289 32% 214 22% 532 32% 108 12%
$500,000 to $999,999 104 12% 517 54% 535 45% 653 71%
$1,000,000 or more 5 1% 105 11% 52 14% 151 16%
Median Value (dollars) $288,400 $591,400 $573,900 $731,500 Homes $500K+ 13% 65% 59% 87%
Table 6 Census Tract 219.14 Owner Occupied Housing Value, ACS 2000, 2010, 2015, 2020 140
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Tenure
Renter-occupied households historically have lower household incomes than owner- occupied households and may be more affected by changes in household income and rental prices 4. Therefore, if a Census Tract has a higher percentage of renters vs. homeowners, it could be an indication of an LMI qualified area. Census Tract 219.14 has always had higher owner-occupied homes vs. renter-occupied homes (see Chart 3) . This neighborhood has a higher rate of single-family units that multi-family units; with single- family units representing 73% of all housing units in 2000, 52% of all housing units in 2010, 64% of all housing units in 2015, and 70% of all housing units in 20205.

Housing Status for Census Tract 219.14
Chart 3 Stats for housing Census Tract 219.14; ACS 2000, 2010, 2015, 2020 4 https://www.census.gov/library/stories/2023/03/low-income-renters-spent-larger-share-of-income-on-rent.html 5 US Census Data 2000, 2010, 2015, 2020
960 958
1,042
921
354 407
264
347
0 200
400
600
800
1000
1200
2000 2010 2015 2020
Owner-Occupied Renter-Occupied
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Conclusion
In conducting historical research of Census Tract 219.14, it has been determined that this tract has not qualified as a LMI Census Tract from FY 2000 to the present6.

The discrepancies noted in the 2020-2024 Consolidated Plan arose from an exception that was made for the Decennial Census for 2010 where HUD had uncapped the income limits for certain counties to allow for households whose incomes were 80% or lower of the AMI to qualify was low- and moderate-income. Traditionally, HUD’s cap to determine LMI is 60% or lower than AMI 7. Note – while HCD (The State Housing and Community Development Department California) releases Income Limits yearly, all State statutory limits are based on federal limits set and periodically revised by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 Housing Choice Voucher Program. HUD’s limits are based on surveys of local area median income (AMI).

Chart 4 Census Tract 219.14 Qualification for LMI
The subprime mortgage crisis that affected the United States from 2008-2010 prompted HUD to increase the percentage of household income cap to 80% instead of 60% AMI to assist citizens during the financial downturn. This uncapped percentage contributed to the isolated event of the inclusion of Census Tract 219.14 in the LMI map generated from 2010 Census Data and used for the Consolidated Plan.

While there are multiple factors that can affect if a Census Tract qualified for CDBG funding, HUD is clear that the Community Development Block Grant (CDBG) program requires that each CDBG funded activity must either principally benefit low- and moderate-income (LMI) persons, aid in the prevention or elimination of slums or blight or meet a community development need having a particular urgency. Most activities funded 6 US Census and ACS data 2000, 2010, 2015, and 2020
7 https://www.hcd.ca.gov/grants-and-funding/income-limits 142
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by the Community Development Block Grant (CDBG) program are designed to benefit low- and moderate-income (LMI) persons. Additionally, activities may qualify for CDBG assistance if the activity will benefit all the residents of a primarily residential area where at least 51 percent of the residents are low- and moderate-income persons, i.e., area- benefit (LMA).
143

Consolidated Plan ORANGE 106
OMB Control No: 2506-0117 (exp. 09/30/2021)
Grantee Unique Appendices

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TH E B L OCKDR

CITY OF ORANGE

ORANGE COUNTY, CALIFORNIA
PY 2020 CDBG-Eligible Map
ACS-2015-Low-Mod-Summarized-All-2020
.

NOTE: Some recent developments may not have
been added to this map yet.
2,000 0 2,0001,000 Feet
Printed : October 20, 2020

SHAFFER ST
Legend
51% or Greater
Low & Moderate Income Areas
145
Agenda Item
City Council
Item #: 6.2. 7/25/2023 File #: 23-0466
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Implementation of permit parking on both sides of Trenton Avenue between Grand and Shaffer Streets and both sides of Grand Street south of Trenton Avenue. Resolution No. 11484.

2. SUMMARY
A request for permit parking was evaluated in accordance with the City’s Neighborhood Permit Parking Program. The proposal received adequate support from the affected property owners and was approved by the City Traffic Commission. The affected streets are located within Permit Parking Opportunity Area (PPOA) #4.

3. RECOMMENDED ACTION

1. Approve permit parking on both sides of Trenton Avenue from the westerly property lines of 331 E. Trenton Avenue/1482 N. Grand Street to Shaffer Street and both sides of Grand Street from Trenton Avenue to the southerly terminus.

2. Adopt Resolution No. 11484. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.

4. FISCAL IMPACT
The total expenditure for the project is $2,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement Measure M2 (263).

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

6. DISCUSSION AND BACKGROUND
The City’s Neighborhood Permit Parking Program (NPPP) provides a mechanism for protecting residential streets from external parking overflow when certain conditions are satisfied. To streamline the permit parking application process in certain highly parked areas, the City Council established five Permit Parking Opportunity Areas (PPOA’s). PPOA’sare subject to modified implementation criteria, similar to those of Area A (Downtown/University Permit Parking Area.) Specifically, the application fee and parking occupancy study typically required are waived, and the required neighborhood support level is reduced from 75% to 55%.

Upon receipt of a written request for permit parking on the aforementioned street, staff mailed City of Orange Printed on 7/20/2023Page 1 of 2
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146
Item #: 6.2. 7/25/2023 File #: 23-0466
Upon receipt of a written request for permit parking on the aforementioned street, staff mailed petitions to affected property owners in January 2023. The petitioning process concluded in March, with the results indicating 61% support for the proposal. Because this level of neighborhood support exceeds the 55% requirement, staff recommends moving forward with permit parking. The matter was presented to the City Traffic Commission at their June 14, 2023, regular meeting. Four residents spoke in favor of the item (none opposed), and the commission approved the item 6-0.

Should the City Council grant final approval, it is important to keep in mind the following:
· Property owners of any other street(s) within this PPOA may request permit parking in the future by following the procedures described above.
· Permit parking does not supersede other parking restrictions such as street sweeping, red curb markings, etc.
· While participation in the program is voluntary (residents may choose to park on private property rather than obtain permits,) any vehicle parked on the street without a permit will be subject to citation.

7. ATTACHMENTS
· NPPP Policy, August 2022
· Resolution No. 11484
· Area Map
· June 14, 2023, CTC Staff Report
· Draft June 14, 2023, CTC minutes
City of Orange Printed on 7/20/2023Page 2 of 2
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147
Agenda Item
City Council
Item #: 6.2. 7/25/2023 File #: 23-0466
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Implementation of permit parking on both sides of Trenton Avenue between Grand and Shaffer Streets and both sides of Grand Street south of Trenton Avenue. Resolution No. 11484.

3. RECOMMENDED ACTION

1. Approve permit parking on both sides of Trenton Avenue from the westerly property lines of 331 E. Trenton Avenue/1482 N. Grand Street to Shaffer Street and both sides of Grand Street from Trenton Avenue to the southerly terminus.

2. Adopt Resolution No. 11484. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.

4. FISCAL IMPACT
The total expenditure for the project is $2,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement Measure M2 (263).

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

Upon receipt of a written request for permit parking on the aforementioned street, staff mailed City of Orange Printed on 7/20/2023Page 1 of 2
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148
Item #: 6.2. 7/25/2023 File #: 23-0466
Upon receipt of a written request for permit parking on the aforementioned street, staff mailed petitions to affected property owners in January 2023. The petitioning process concluded in March, with the results indicating 61% support for the proposal. Because this level of neighborhood support exceeds the 55% requirement, staff recommends moving forward with permit parking. The matter was presented to the City Traffic Commission at their June 14, 2023, regular meeting. Four residents spoke in favor of the item (none opposed), and the commission approved the item 6-0.

NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
1 Note: The Neighborhood Parking Permit Policy below does not apply to area “A”

• The program to mitigate the int rusion of college -oriented, commercial, institutional, multi - family residential (more than two units) or other long -term vehicular parking on streets in residential areas to assure that local residents and their guests have convenient parking on streets in proximity to their homes shall be referred to as the Neighborhood Parking Permit Program.

• Permit Parking shall only be permitted in single-family residential areas, where the problem is ongoing, and it is determined that the permit parking is the only solution. Only single- family residences and duplexes (two units on one lot) are qualified for this program.

• The Traffic Engineering Division shall determine the boundaries of the permit area for each request.

• Since Permit Parking Areas benefit certain residents, and not the general public, a “Permit Parking Program Application Fee” $1,000 shall be paid by the proponent(s) of each new or additional permit area, for consideration of the implementation of permit parking. (This could also be implemented with a $500 deposit and an additional $500 when the petition is issued.) (Exception: If within one year of implementing a new permit parking area there is spillover onto adjacent streets(s), a property owner o n the affected street(s) may request expansion of that permit parking area. Such requests shall be exempt from the application fee but would need to meet the parking study and petition requirements.)

• The neighborhood parking permit areas that are adjacent to a K-12 school shall not be enforced during the school A.M. drop-off (from 7:30 am to 8:30 am) and P.M. pick-up time (from 1:30 pm to 3:00 pm) on days school is in session.

• Implement restricted hours for permit parking enforcement on an as-needed basis to address Recreational Intrusions and Business Intrusions. The intent of this policy change is to maximize the benefits of permit parking to t he applicant neighborhood while minimizing impacts to adjacent property use to balance parking need with quality of lifestyle.

o Institutional Intrusions (Universities, hospitals) shall remain 24/7/365.

o Recreational Intrusions (Parks, Schools and Sports Complexes) shall be enforced from 8:00 a.m. to 8:00 p.m. or as otherwise approved.

o Business Intrusions (Commercial Businesses) shall be enforced Monday through Friday 7:00 a.m. to 5:00 p.m. or as otherwise approved.

150

NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
2 • Implementation of Permit Parking Program areas will only be considered when the following are satisfied:

1. The area must abut an institutional, residential apartment, commercial or industrial use which is generating the parking intrusion.

2. A minimum of 75% of the area residents must sign the petition in favor.

3. Any identified problem must be on-going, not occasional or temporary.

4. To demonstrate a need, 75% of the available on-street space in a proposed permit area must be occupied during the perceived problem times. Staff, through consultation with the applicant, shall determine appropriate dates and times for conducting the parking occupancy study. Up to three observations may be performed, at the discretion of the Traffic Engineering Division

5. Staff must see evidence that required off street parking is being utilized. • Program shall not be approved to attempt to solve social problems that should be addressed through other means, such as Police or Code Enforcement.

• Program shall not be approved if the identified parking problems can be mitigated by less restrictive parking control measures. Council directs staff to identify the least restrictive permit hours to achieve the desired results.

• If recommended for approval by the City Traffic Commission, the Commission will direct the Traffic Engineering Division to prepare a resolution for adoption by the City Council.

• Number of permits per household (single family residence) shall be limited to 5 permits including guest permits. The total numb er of permits shall not exceed 5 per household. (Updated 6/12/18 per City Council)

• Number of permits for each unit of a duplex shall be limited to 2 permits (for registered vehicles only), plus 2 guest permits. The total of permits shall not exceed 4 permits per unit.

• Permits cost $30 per household and are valid for 3 years. Permits are non-transferable and are invalid if the registered permittee moves from the household. (Updated 6/12/18 per City Council)

• Single day event guest permit (up to maximum of 20) are available 4 times per year at no cost to a resident.

151

NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
3 • To minimize sign pollution, permit parking area shall be identified by area posting wherever possible.

• The City Council may, at its discretion, create city -defined permit parking “opportunity” areas in locations with high parking demand potential . Residents within the boundaries of such areas can opt into permit parking on a block -by-block basis, similar to Area “A”.

Requests in these areas shall be processed in a streamlined manner similar to Area “A ” requests, with no application fee, no parking study, and minimum 55% support of the affected residents.

The City Manager/or his designee shall have the authority to suspend enforcement of neighborhood parking permit enforcement on a case-by-case basis for special requests.

152
RESOLUTION NO. 11484

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE ADOPTING A REVISED

MASTER RESOLUTION OF DESIGNATED PERMIT

PARKING AREAS WITHIN THE CITY OF ORANGE

WHEREAS, pursuant to California Vehicle Code Section 22507, local authorities may generally prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and

WHEREAS, local authorities may also include a designation of certain streets upon which preferential parking privileges are established with a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution; and

WHEREAS, pursuant to the authority provided by the California Vehicle Code , the City Council of the City of Orange codified parking requirements in Chapter 10.30 of the Orange Municipal Code; and

WHEREAS, Section 10.30.040 addresses the Neighborhood Parking Permi t Program designating portions of certain public streets for permit-parking and explicitly authorizes the City Council of the City of Orange to add, remove or modify designated areas within the Neighborhood Permit Parking Program by resolution; and

WHEREAS, the creation of a “Master Resolution” containing all permit parking areas in a single document eliminate s the need to potentially revise multiple resolutions when an area is added, deleted, or modified within the Neighborhood Permit Parking Program; and

WHEREAS, the City Council of the City of Orange most recently adopted said Master Resolution on May 23, 2023 (Resolution No. 11461), containing a list of all permit parking areas within the City; and

WHEREAS, based on the criteria establis hed by the Neighborhood Parking Permit Program Implementation Policy , adopted by the City Council on August 9, 2022. staff now recommends that the City Council approve of designating certain streets as additions to Parking Permit Opportunity Area “4” to the Master Resolution of Permit Parking Areas within the City of Orange; and

WHEREAS, accordingly, the City Council desires to rescind Res olution No. 11461 and replace it with a revised Resolution containing all areas designated for permit -parking, adding certain streets within Permit Parking Opportunity Area “4,” as further described in Section II of this Resolution and further contained in the attached Exhibit A.

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

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2 SECTION I:

That Res olution No. 11461, adopted May 23rd, 202 3, is hereby rescinded, effective immediately upon the date of the adoption of Resolution No. 11484.

SECTION II:

The following streets be included to the permit parking program Opportunity Area “4”:

Both sides of Trenton Ave. from the westerly property li nes of 331 E. Trenton Ave. and 1482 N. Grant St. to Shaffer St.

Both sides of Grant St. from Trenton Ave. to the cul-de sac.

SECTION III:

That the Master Resolution of Permit Parking Area for the Neighborhood Permit Parking Program attached hereto as Exhibit “A” is hereby adopted.

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 , 20 23 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Exhibit A

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EXHIBIT A

The following areas are all areas that have been approved by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.

CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”

1. West side of Cambridge St. from Ch apman Ave. to Lomita Ave. adjacent to residential land uses.

2. Both sides of Center St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.

3. East side of Center St. from Palm Ave. to Walnut Ave.

4. Both sides of Cleveland St. from Chapman Ave. to S ycamore Ave. adjacent to residential land uses.

5. East side of Cypress St. from Palm Ave. to 637 feet north of Walnut Ave.

6. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.

7. Both sides of Everett Pl. from Shaffer St. to Glassell St.

8. Both sides of Glassell St. from Walnut Ave. to Rose Ave.

9. Both sides of Glassell St. from Lomita Ave. to Walnut Ave.

10. East side of Grand St. from Chapman Ave. to Maple Ave. adjacent to residential land uses.

11. Both sides of Grand St. from Maple Ave. to Palm Ave.

12. Both sides of Grand St. from Everett Pl. to Walnut Ave.

13. Both sides of Grand St. from Everett Pl. to Lomita Ave.

14. Both sides of Harwood St. from 146 feet north of Chapman Ave. to the northern terminus of Harwood St.

15. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.

16. East side of Lemon St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.

17. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.

18. West side of Lemon St. from Walnut Ave. to 644 feet north of Walnut Ave.

19. Both sides of Lomita Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.

20. Both sides of Maple Ave. from Cambridge to Cypress St. adjacent to residential land uses.

21. Both sides of Mayfair Ave. from Shaffer St. to Lemon St.

22. Both sides of Olive St. from Chapman Ave. to the northern terminus of Olive St. adjacent to residential land uses.

23. Both sides of Olive St. from Sycamore Ave. to Rose Ave.

24. Both sides of Orange St. from Maple Ave. and Palm Ave.

25. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.

26. Both sides of Orange St. from Lomita Ave. to the southern terminus of Orange St.

27. Both sides of Palm Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.

28. Both sides of Rose Ave. from Glassell St. to Orange St.

29. Both sides of Shaffer St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.

30. Both sides of Sycamore Ave. from Cambridge St. to Center St. adjacent to residential land uses.

31. North side of Sycamore Ave. at 145 W. Sycamore Ave. adjacent to residential land uses.

32. Both sides of Walnut Ave. from Cambridge St. to Cypress St. adjacent to residential land uses.

33. Both sides of N. Shaffer St. between Chapman Ave. and Walnut Ave. 155

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34. Both sides of E. Maple Ave. between Shaffer St. and Cleveland Ave.

35. Both sides of E. Mayfair Ave. between Shaffer St. and Grand St.

AREA “B”

1. Both sides of Adams Ave. from Glassell St. to Grand St.

2. Both sides of Hoover Ave. from Glassell St. to Grand St.

3. Both sides of Quincy Ave. from Glassell St. to Grand St.

4. Both sides of Wilson Ave. from Glassell St. to Grand St.

AREA “C”

1. Both sides of Compton Ave. from Manchester Ave. to Lewis St.

2. East side of Lewis St. from the northerly property line at 4035 Compton Ave. to the southern property line of 119 N. Lewis St.

3. West side of Manchester Ave. from Sheringham Ave. to Compton Ave.

4. North side of Sheringham Ave. from Manchester Ave. to Windgap Dr.

5. South sides of Sheringham Ave. from Woodridge Cr. to Windgap Dr.

6. Both sides of Sunningdale Cr. from Compton Ave. south to include the cul-de-sac.

7. Both sides of Windgap Dr. from Compton Ave. south to include the cul-de-sac.

8. West side of Woodridge Cr. from Sheringham Ave. south to include the cul-de-sac.

9. East side of Woodridge Cr. from the northerly property line of 119 N. Woodridge Cr. south to include the cul-de-sac.

AREA “D”

1. Both sides of Dunas St. from Maple Ave. north to include the cul-de-sac.

2. Both sides of Maple Ave. from Prospect St. to Olympia Way.

3. Both sides of Olympia Way from Maple Ave. to Spring St.

4. Both sides of Shasta St. from Maple Ave. north to include the cul-de-sac.

5. Both sides of Vine Ave. from Olympia Way to its western terminus.

6. Both sides of First St. from Chapman Ave. north to include the cul-de-sac.

7. Both sides of Pearl Ave. from First St. to McPherson Rd.

8. East side of McPherson Rd. from 131 to 133 N. McPherson Rd.

AREA “E”

1. West side of Elm St. south of Sycamore Ave. to include the cul-de-sac.

AREA “F”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.

1. Both sides of Almond Ave. from Prospect St. to Violet Ln.

2. Both sides of Kathleen St. from Chapman Ave. to Palmyra Ave.

3. Both sides of Palmyra Ave. from Craig Dr. to Prospect St.

4. East side of Prospect St. from Almond Ave. to Palmyra Ave.

5. Both sides of Violet Ln. from Almond Ave. to Palmyra Ave.

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Exhibit A

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AREA “G”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.

1. Both sides of Euclid Ave. from James St. to Seranado St.

2. Both sides of James St. from Sycamore Ave. to Euclid Ave.

3. Both sides of Palm Ave. from Swidler St. to Seranado St.

4. Both sides of Sycamore Ave. from Swidler St. to Seranado St.

5. Both sides of Seranado St. from Spring St. to Walnut Ave.

6. Both sides of Silverleaf Ave. from Thomas St. to Seranado St.

7. Both sides of Spring St. from Swidler St. to Seranado St.

8. Both sides of Swidler St. from Spring St. to Walnut Ave.

9. Both sides of Thomas St. from Sycamore Ave. to Silverleaf Ave.

10. Both sides of Walnut Ave. from Swidler St. to Seranado St.

AREA “H”

1. Both sides of Shaffer St. beginning 390 feet north of Katella Ave. and ending at Trenton Ave. (R-1 zoned single-family residences only.)

AREA “I”

1. Both sides of Almond Ave. from Prospect St. to Dunas St.

2. Both sides of Century Ave. from James St. to Thomas St.

3. Both sides of Craig Dr. 100 feet south of Roberta Dr. to Prospect St.

4. Both sides of Dunas St. from Palmyra Ave. to Almond Ave.

5. Both sides of James St. from Century Dr. to LaVeta Ave.

6. North side of LaVeta Ave. from Prospect St. to Dunas St.

7. Both sides of Merelet Ln. from Craig Dr. to include the cul-de-sac.

8. Both sides of Olympia Way from Palmyra Ave. to Almond Ave.

9. North side of Palmyra Ave. from Prospect St. to Thomas St.

10. Both sides of Ruth Pl. easterly of James St.

11. Both sides of Ruth Pl. from Prospect St. to Olympia Way.

12. Both sides of Shasta St. from Palmyra Ave. to Almond Ave.

13. Both sides of Thomas St. from Century Dr. to Palmyra Ave.

AREA “J”

1. Both sides of Binnacle Ave. from Jetty Dr. to its easterly terminus.

2. North side of Chapman Ave. from Jetty Dr. to 4537 W. Chapman Ave.

3. North side of Chapman Ave. frontage road from Jetty Dr. to cul-de-sac.

4. Both sides of Grant Pl. from Chapman Ave. northerly to include the cul-de-sac.

5. Both sides of Jetty Dr. from Chapman Ave. to Sirius Ave.

6. West side of Lewis St. from Sirius Ave. to Simmons Ave.

7. South side of Simmons Ave. from Lewis St. to Spinnaker St.

8. Both sides of Sirius Ave. from Lewis St. to Jetty Dr.

9. Both sides of Spinnaker St. from Binnacle Ave. to Simmons Ave.

10. Both sides of Stay Court easterly of Jetty Dr.

11. Both sides of Tiller Ave. from Lewis St. to Spinnaker St. 157

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AREA “K”

1. Both sides of the 2700 block of E. Bennett Ave.

2. Both sides of the 2700 block of E. Killingsworth Ave.

3. Both sides of the 100-200 blocks of N. Malena Dr.

4. Both sides of the 2700 block of E. Sherman Ave.

5. Both sides of the 100-200 blocks of N. Wheeler St.

AREA “L”

1. Both sides of Jacaranda Ave. from Morgan St. to Mallard St.

2. Both sides of Juniper Ave. from Morgan St. to Mallard St.

3. Both sides of Mallard St. from Collins Ave. northerly to 985 N. Mallard St.

4. Both sides of Morgan St. from Collins Ave. northerly to 986 N. Morgan St.

AREA “M”

1. Both sides of Citrus St. from Almond Ave. to the southerly commercial property lines south of Chapman Ave.

AREA “N”

1. West side of Bedford Rd. from LaVeta Ave. to Bronson Ave.

AREA “O”

1. North side of Spring St. from Hewes St. to Earlham St.

AREA “P”

1. Both sides of the 1000 block of Gardner Dr.

2. Both sides of the 1000 block of Greengrove St.

3. Both sides of Monroe Ave. from California St. to Lincoln St.

4. Both sides of Quincy Ave. from California St. to Lincoln St.

5. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul-de-sac.

6. West side of Lincoln St. from 990 N. Lincoln St. to Adams Ave.

7. East side of Lincoln St. from 1073 N. Lincoln St. to Adams Ave.

8. Both sides of Adams Ave. between Lincoln St. and California St.

AREA “Q”

1. Both sides of the 8500 block of Biscayne Way.

2. Both sides of the 8500 block of Deershire Ct.

3. Both sides of the 200 block of Fairfield Ln.

4. Both sides of the 200 block of Firenza Way.

5. Both sides of the 8500 block of Heatherview Ln.

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Exhibit A

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AREA “R”

1. Both sides of San Luis Dr. from 7821 (north side) to Santa Cruz Ave., and from 7816 (south side) to the beginning of 8132.

2. 8102 and 8110 Santa Cruz Ave. (south side).

3. Both sides of Santa Maria St. between San Luis Dr. and Santa Cruz Ave.

AREA “S”

1. Both sides of Poplar St. between Maple Ave. and the cul-de-sac.

2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.

3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave.

4. Both sides of Eckhoff St. between 130-283 N. Eckhoff St.

AREA “T”

1. Both sides of Cully Dr. from the westerly property lines of 861 and 864 W. Cully Dr. to the cul-de-sac.

2. Four spaces on the east side of Eckhoff St. from the southerly limit to W. Arbor Way (approximately 110 feet).

3. Five spaces on the east side of Eckho ff St. from 45 feet north of W. Arbor Way end of curb return to Maple Ave. (approximately 140 feet. It allows one parking space to remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for visibility).

4. Three spaces on the ea st side of Eckhoff St. north of Willow Ave. to the northerly limit (approximately 70 feet).

5. Two spaces on the east side of Eckhoff St. from the existing red curb north of Maple Ave. to the driveway south of 206 N. Eckhoff St.

AREA “U”

1. Both sides of Waverly St. from the northerly property lines of 133 and 138 S. Waverly St. to Almond Ave.

AREA “V”

1. The south side of E. Rose Ave. from 1932/1934 to N. Highland St.

2. Both sides of N. Highland St. from E. Rose Ave. to E. Barkley Ave.

3. Both sides of E. Mayfair Ave. from 1740 E. Mayfair Ave. to N. Highland St.

4. The south side of E. Lomita Ave. from 1734/1736 to N. Highland St.

5. The north side of E. Lomita Ave. from 1901 to N. Highland St.

6. Both sides of E. Barkley Ave. from the cul-de-sac to N. Highland St.

7. Both sides of the cul-de-sacs of N. Victoria Dr., N. Russell Dr., and N. Shirley Dr., north of E.

Mayfair Ave.

AREA “W”

1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac.

2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744 E. Orange Grove Ave.
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Exhibit A

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3. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.

4. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.

AREA “X”

1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.

AREA “Y”

1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave.

AREA “Z”

1. Both sides of Sycamore Ave. from Rancho Santiago Blvd. to Richard St.

2. Both sides Rancho Santiago Blvd. from the south city limits to Silverleaf Ave.

3. Both sides of Silverleaf Ave. from Rancho Santiago Blvd. to Richard St.

4. Both sides of Christine St. from Silverleaf Ave. to Sycamore Ave.

5. Both sides of Richard St. from Silverleaf Ave. to Sycamore Ave.

OPPORTUNITY AREA “1”

1. Both sides of Lilac Ln. from Culver Ave. to Orchard Ave.

2. Both sides of Plum Ln. from Culver Ave. to Orchard Ave.

3. Both sides of Orchard Ave. from Flower St. to the easterly terminus of the street.

OPPORTUNITY AREA “4”

1. Both sides of Trenton Ave. from the westerly property lines of 331 E. Trenton Ave. and 1482 N. Grant St. to Shaffer St.

2. Both sides of Grant St. from Trenton Ave. to the cul-de sac.

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SHAFFER ST

KATELLA AVE

CENTER ST

BLAKE ST

GRAND ST

CHESTNUT AVE CHESTNUT AVE

TRENTON AVE
309
303
631
411
441
431
511
601
621
611
541
531
521
401
341
331
501
421
509
527
142
210 128
242
232
220
202
416
406
342
247
239
235
225
219
105
301
307
215
532
520
502
510
440
428
334
302
324
312
143
131
243
233
223
211
203
407
343
327
303
337
315
311
313
315
1479
1442
1452
1462
1472
1482 1478
1468
1438
1448
1458
1477
1457
1437
1447
1467
1411
1421
1431
1451
1471
1481
1441
1461
1412
1472
1452
1432
1422
1442
1462
1482
1620
1604
1616
1603
1617
1619
1444
1454
1464
1474
1484
1439
1449
1459
1469
1450
1460
1470
1480
1430
1440
1428 1431
1471
1481
1461
1441
1451
1432
1416
1419
1429 1427
1417
1414
1422 1421
1418
1420
1418
1434
1424
121
A-Z
237
229
34 D E F G H J

R S T U V W Z
Y
X
1467A
1469A
1467B
1467C
1469B
1469C
1465A
1463A
1463B
1463C
1465B
1465C
1481 A
1483A1485A
1483B
1483C
1483D1485B
1485C
1485D
1481 B
1481 C
1481 D
1475A 1477A
1477B
1477C
1477D
1475B
1475C
1475D
1479A 1479B
1479C1479D
1457A1459A
1461A1457B
1457C
1457D
1459B
1459C
1459D 1461B
12345678
9 101112 13141516
1718192021222324
25262728
29 30
31 32
33 34
35 36 37
38 39
40 41424344
45 46
47 48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 16A
16B
16C
16D
17A
17B
17C
17D
18A
18B 18C
18D
19A
19B 19C
19D
20A
20B 20C
20D
21A
21B
21C
21D
23A23B

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Agenda Item
City Traffic Commission
Item #: 4.2. 6/14/2023 File #: 23-0384
TO: Chair and Members of the City Traffic Commission
THRU: Larry Tay, City Traffic Engineer
FROM: Dave Allenbach, Transportation Analyst

1. SUBJECT
Request for Permit Parking on both sides of Grand Street south of Trenton Avenue and both sides of Trenton Avenue from Grand Street to Shaffer Street.

2. SUMMARY
This is a request to implement permit parking on the aforementioned streets which are located in Permit Parking Opportunity Area #4

3. RECOMMENDED ACTION

1. Approve the implementation of permit parking on both sides of Grand Street south of Trenton Avenue.

2. Approve the implementation of permit parking on both sides of Trenton Avenue between Grand and Shaffer Streets.

3. Forward to the City Council for final action

4. FISCAL IMPACT
The total expenditure for the project is $2,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement Measure M2 (263).

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

6. DISCUSSION AND BACKGROUND
The City’s Neighborhood Permit Parking Program (NPPP) provides a mechanism for protecting residential streets from external parking overflow when certain criteria are satisfied. In order to streamline the permit parking application process in certain highly parked areas, the City Council established five Permit Parking Opportunity Areas (PPOA’s). PPOA’sare subject to different criteria and procedures. Specifically, the application fee and parking occupancy study typically required are waived, and the required neighborhood support level is reduced from 75% to 55%.

After receiving a written request for permit parking for the aforementioned streets from an eligible resident, staff mailed petition packages to the property owners on the affected streets in January 2023. The polling process concluded in March, the results of which indicate that 61% of the property City of Orange Printed on 6/8/2023Page 1 of 2
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Item #: 4.2. 6/14/2023 File #: 23-0384
2023. The polling process concluded in March, the results of which indicate that 61% of the property owners are in favor of permit parking, 6% are opposed, and 33% did not respond. Because the level of support exceeds the 55% stipulated in the NPPP, staff recommends permit parking.

Moreover, it should be noted that property owners of any other street(s) within this PPOA may request permit parking in the future by following the procedures described above. Furthermore, permit parking does not supersede other parking restrictions such as street sweeping. Participation is voluntary however, once implemented any vehicle parked on the street without a permit is subject to citation.

7. ATTACHMENTS
· Letter of Request
· Area Map
· PPOA #4 Area Map
· NPPP Implementation Policy
City of Orange Printed on 6/8/2023Page 2 of 2
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SHAFFER ST

KATELLA AVE

CENTER ST

BLAKE ST

GRAND ST

CHESTNUT AVE CHESTNUT AVE

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NEIGHBORHOOD PARKING PERMIT PROGRAM

IMPLEMENTATION POLICY

APPROVED BY CITY COUNCIL
August 9, 2022
1 Note: The Neighborhood Parking Permit Policy below does not apply to area “A”

• The Traffic Engineering Division shall determine the boundaries of the permit area for each request.

o Institutional Intrusions (Universities, hospitals) shall remain 24/7/365.

o Recreational Intrusions (Parks, Schools and Sports Complexes) shall be enforced from 8:00 a.m. to 8:00 p.m. or as otherwise approved.

o Business Intrusions (Commercial Businesses) shall be enforced Monday through Friday 7:00 a.m. to 5:00 p.m. or as otherwise approved.

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