Agenda packet — Orange City Council, May 14, 2024 (part 2 of 4)

ATTACHMENT NO. 1

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

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

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

Section 1771. Payment of general prevailing rate

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 182

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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shal l be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fe e assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered publi c works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 183

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of a ny public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon t he contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 184

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

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

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

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penal ty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty ma y not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 186

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

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

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 187

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

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law sha ll, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 188

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

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

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be pa id the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for appren tices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards a nd who are parties to written 189

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

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the rati o. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 190

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the a pplicable apprenticeship standards, but in no event less than the 1- to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002- 03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
191

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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions receive d pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work t hrough a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

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

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 192

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

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any c ontract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hour s per day at not less than 1 ½ times the basic rate of pay.
193

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 194

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, re turn receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragra ph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 195

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the me diation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 196
197
Agenda Item
City Council
Item #: 3.7. 5/14/2024 File #: 24-0285
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Interior Demolition, Inc. for Old Fire Station Headquarters Demolition; Bid No. 23-24.30 (SP-4282).

2. SUMMARY
Bids for the Old Fire Station Headquarters Demolition were received and opened on April 4, 2024.

Five bidders responded to the notice inviting bids. The apparent low bidder is Interior Demolition, Inc. of Newhall, California in the amount of $746,288.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $90,000 from Merged 2008 Tax Exempt Bonds (954) unreserved fund balance to:
954.5011.56015.30165 Grand Street Parking Lot Improvement

2. Approve the contract with Interior Demolition, Inc. in the total amount of $783,602, representing an original bid amount of $746,288, plus a 5% contingency of $37,314 for Old Fire Station Headquarters Demolition; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure of this contract, including the 5% contingency is $783,602 and will be funded thru Merged 2008 Tax Exempt Bonds (954).
954.5011.56015.30165 Grand Street Parking Lot Improvement $783,602 Upon approval of this appropriation, the estimated Merged 2008 Tax Exempt Bonds (954) fund balance on June 30, 2024, will be $339,081.

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

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

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Item #: 3.7. 5/14/2024 File #: 24-0285

6. DISCUSSION AND BACKGROUND
With the relocation of Fire Station No. 1 and Headquarters (Fire HQ) to the new location on Water Street, the old Fire HQ currently sits empty. The former Fire HQ building is more than 50 years old and is seismically deficient. The City completed a historic resource assessment in April 2022 and found the Fire HQ building does not have historic significance and is not a contributor to an existing or future historic district. Its original utilitarian use as a fire station is not economically feasible for other commercial uses. The demolition of the site will include removal of the existing building, foundations, basement, concrete, clearing and grubbing, and utilities.

At the February 27, 2024, City Council meeting, the demolition of the old Fire HQ was approved, and authorization was given to advertise for bids. The bid solicitation was advertised on March 14, 2024, for a period of three weeks and bids were opened on April 4, 2024. Five bids were received as follows:

1. Interior Demolition, Inc., Newhall $746,288

2. Integrated Demolition and Remediation, Inc., Anaheim $785,000

3. Resource Environmental, Inc., Cerritos $871,000

4. Elegant Construction Inc., Irvine $1,199,750

5. Wreck Age Demolition Inc., Chino Hills $2,254,275
The low bid is about 32.67% higher than the Engineer’sEstimate of $562,500, mainly due to the asbestos abatement cost that came in substantially higher than our estimate. Staff checked the references and qualifications of Interior Demolition, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends Interior Demolition, Inc. be awarded the contract in the amount of $783,602, representing an original bid amount of $746,288 plus a 5% contingency of $37,314 for Old Fire Station Headquarters Demolition.

Construction is scheduled to begin in July 2024 and is expected to be completed by September 2024.

7. ATTACHMENTS
· Bid Abstract
· Location Map
· Contract with Interior Demolition, Inc.

City of Orange Printed on 5/9/2024Page 2 of 2
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199
Agenda Item
City Council
Item #: 3.7. 5/14/2024 File #: 24-0285
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Interior Demolition, Inc. for Old Fire Station Headquarters Demolition; Bid No. 23-24.30 (SP-4282).

2. SUMMARY
Bids for the Old Fire Station Headquarters Demolition were received and opened on April 4, 2024.

Five bidders responded to the notice inviting bids. The apparent low bidder is Interior Demolition, Inc. of Newhall, California in the amount of $746,288.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $90,000 from Merged 2008 Tax Exempt Bonds (954) unreserved fund balance to:
954.5011.56015.30165 Grand Street Parking Lot Improvement

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

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

City of Orange Printed on 5/9/2024Page 1 of 2
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200
Item #: 3.7. 5/14/2024 File #: 24-0285

1. Interior Demolition, Inc., Newhall $746,288

2. Integrated Demolition and Remediation, Inc., Anaheim $785,000

3. Resource Environmental, Inc., Cerritos $871,000

4. Elegant Construction Inc., Irvine $1,199,750

Construction is scheduled to begin in July 2024 and is expected to be completed by September 2024.

7. ATTACHMENTS
· Bid Abstract
· Location Map
· Contract with Interior Demolition, Inc.

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1 2 3 4 5
Bid No. 23-24.30; Project No. SP-4282
Date of Bid Opening: 4/4/2024
Tel. No. (818) 249-4932 Tel. No. (714) 340-3333 Tel. No. (562) 468-7000 Tel. No. (949) 444-5161 Tel. No. (909) 393-6937 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Demolish and Remove Old Fire Station
Headquarters Building, Communications
Tower, Concrete Pavement and
Miscellaneous Site Amenities per Plan
and Specs
1 LS 330,000.00$ $330,000.00 $324,306.00 $324,306.00 $360,000.00 $360,000.00 $394,100.00 $394,100.00 $515,000.00 $515,000.00 $395,000.00 $395,000.00 2 Abate Asbestos, Lead and Miscellaneous
Toxic Material per Specs 1 LS 75,000.00$ $75,000.00 $383,732.00 $383,732.00 $370,000.00 $370,000.00 $394,100.00 $394,100.00 $570,000.00 $570,000.00 $658,775.00 $658,775.00 3 Sawcut and Remove Existing Driveway
and Construct Curb and Gutter Type A
Per City Standard Plan No. 117 (8" or
Match Existing Curb Height)
150 LF 120.00$ $18,000.00 $100.00 $15,000.00 $233.33 $35,000.03 $180.00 $27,000.00 $300.00 $45,000.00 $355.00 $53,250.00 4 Imported Fill (F) 1,550 CY 90.00$ $139,500.00 $15.00 $23,250.00 $12.90 $19,999.96 $36.00 $55,800.00 $45.00 $69,750.00 $95.00 $147,250.00 $562,500.00 $746,288.00 $785,000.0 $871,000.00 $1,199,750.00 $1,254,275.00 Wreck Age Demolition Inc
Irvine, CA
City of Orange: Summary of Bid Abstracts for:

Chino Hills, CAAnaheim, CA Cerritos, CA
Elegant Construction Inc.

Grand Total

PAVEMENT IMPROVEMENTS

ENGINEER'S ESTIMATE
Old Fire Station Headquarter Demolition
Interior Demolition, Inc. Integrated Demolition and
Remediation Inc. Resource Environmental, Inc.

Newhall, CA

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Location Map
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0 0.03 0.06 0.09 0.120.015
mi
203

CONTRACT
[Old Fire Station Headquarters Demolition (Bid No. 23-24.30; SP-4282)]

THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2024 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and Interior Demolition, Inc. , a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

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

(1) The Construction Plans for the demolition of the Old Fire Station Headquarters (Drawing SP-4282), approved by the “Engineer” (as defined herein below) on March 14, 2024, and consisting of sheets numbered 1 through 2, inclusive (the “Plans”);

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

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

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

(5) The Standard Plans; and

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

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special 204
2 Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

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

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

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

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

g. Contractor agrees that it has an obligation to reset all permanent survey markers as stated in the Orange Book, Part 4, Section 400- 2, “Permanent Survey Markers ,” and obtain the approval for pre- and post-construction centerline tie sheets and Corner Records from the County of Orange and deliver said approved documents to City as soon as they are received. This obligation extends to any of its subcontractors that have performed work in this regard. This subsection survives completion of the Work, the Notice of Completion, and final payment and shall be an enforceable obligation until fulfilled.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within forty-five (45) calendar days from such date, unless legal extension is granted in 205
3 accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract .

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

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed SEVEN HUNDRED FORTY-SIX TWO HUNDRED EIGHTY-EIGHT DOLLARS and 0/100 ($746,288) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract .

Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City , other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of THIRTY-SEVEN THOUSAND THREE HUNDRED FOURTEEN DOLLARS and 4/100 ($37,314.04) has been added to the total compensation of this Contract . The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract , including contingencies, shall not exceed SEVEN HUNDRED EIGHTY -THREE THOUSAND SIX HUNDRED AND TWO DOLLARS and 4/100 ($783,602.04).

ARTICLE 4
Licenses

Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this 206
4 Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

ARTICLE 5
Guarantees

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

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

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

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

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

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

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has i ssued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non- storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply w ith the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry- weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from 207
5 cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

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

ARTICLE 7
Independent Contractor; Contractor not Agent

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

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

ARTICLE 8
Public Work; Prevailing Wage

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

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

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

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

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

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

ARTICLE 9
Equal Employment Opportunity

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

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

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

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7 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 fo r employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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

ARTICLE 10
Conflicts of Interest

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

ARTICLE 11
Indemnity

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

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

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

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection 210
8 with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.

b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

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

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

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

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

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

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

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

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy,
with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu 211
9 of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.

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

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

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

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

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

i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer 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.

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

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

ARTICLE 13
Termination

City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. 212
10 Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such te rmination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

In accordance with generally accepted accounting principle s, 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 Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws

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

b. Contractor represents and warrants that it:

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

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

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

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

213
11 c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services unde r this Contract.

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

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

f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limi ted 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 Contract.

ARTICLE 16
Governing Law and Venue

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

ARTICLE 17
Integration and Amendment

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

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

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12 ARTICLE 18
Notice

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

Interior Demolition, Inc. City of Orange 23508 Pine Street 300 E. Chapman Avenue Newhall, CA 91321 Orange, CA 92866-1591
Attn: Maria Molina Attn: Gerlene Samia

Telephone: (818) 249-4932 Telephone : (714) 744-5553 E-Mail: [email protected] E- Mail: [email protected]

ARTICLE 19
Claim Resolution

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

ARTICLE 20
Counterparts

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

[Remainder of page intentionally left blank; signatures on next page] 215
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Michael Vigliotta, City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

INTERIOR DEMOLITION, INC., a California
corporation

[No
te : Signature of Chairman of the By:

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

[No
te : Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

√MMC

Marco Molina
Vice President
Maria Molina
Secretary and Treasurer
216

Attachment No. 1

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ATTACHMENT NO. 1

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

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

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

Section 1771. Payment of general prevailing rate

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

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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistere d contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontr actor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 219

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for each day the unregist ered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, i n accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested i n accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contr actors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 220

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

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

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Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the sta te or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so , the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 222

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

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 223

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

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agenci es investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 224

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

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

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 225

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

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a s ubcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 226

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1- to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint a pprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable c raft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002- 03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
227

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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contribu tions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training a pprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime con tractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

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

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

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
229

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalti es for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commenc ing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a st ate agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 230

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receip t requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the c laim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 231

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on be half of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcont ractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this sectio n or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 232
Agenda Item
City Council
Item #: 3.8. 5/14/2024 File #: 24-0273
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Community Development Block Grant Fiscal Year 2023- 2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project (Bid No. 23-

24.18; SP-4269).

2. SUMMARY
The City of Orange entered into a contract with Gentry General Engineering Inc. for the Community Development Block Grant Fiscal Year 2023-2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project. The project included the replacement of eight wheelchair access ramps on Grand Street north of Collins Avenue. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Accept the Community Development Block Grant Fiscal Year 2023-2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project as complete.

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

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 5/9/2024Page 1 of 1
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233
Agenda Item
City Council
Item #: 3.8. 5/14/2024 File #: 24-0273
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Community Development Block Grant Fiscal Year 2023- 2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project (Bid No. 23-

24.18; SP-4269).

3. RECOMMENDED ACTION

1. Accept the Community Development Block Grant Fiscal Year 2023-2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project as complete.

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

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 5/9/2024Page 1 of 1
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234

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 “ CDBG FY 2023- 24 Americans With Disabilities Act Wheelchair Access Ramp Replacement (Bid No. 23-24.18; SP-4269)” (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 May 14, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at various locations throughout the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Gentry General Engineering, a California corporation, with its principal office at 320 W Tropicana Rancho Rd, Colton, State of California.

The name of the surety on the Labor and Material Bond for the Project is The Ohio Casualty Insurance Company, New Hampshire (Bond No. 024274820) in the amount of $78,700.00.

DATED as of the 14th day of May 2024. 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 14th day of May 2024 at Orange, California.

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
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Agenda Item
City Council
Item #: 3.9. 5/14/2024 File #: 24-0274
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Lomita Neighborhood Street Improvement Project (Bid No. 23-24.04; SP-4220).

2. SUMMARY
The Lomita Neighborhood Street Improvement Project included the rehabilitation of three residential streets in the Lomita Neighborhood tract in the City of Orange. The rehabilitation consisted of asphalt concrete overlays with localized areas of pavement reconstruction. Other aspects of the project included construction of new curb and gutter, replacement of damaged sidewalk, curb and gutter, reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps, adjustment of utility manhole covers to grade, and pavement striping. The City of Orange entered into a contract with Sequel Contractors, Inc. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Accept Lomita Neighborhood Street Improvement Project as complete.

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

4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.9. 5/14/2024 File #: 24-0274
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Lomita Neighborhood Street Improvement Project (Bid No. 23-24.04; SP-4220).

3. RECOMMENDED ACTION

1. Accept Lomita Neighborhood Street Improvement Project as complete.

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

4. ATTACHMENTS
· Notice of Completion and Acceptance
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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 “Lomita Neighborhood Street Improvement Project (Bid No. 23-24.04; SP-4220)” (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 May 14, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is in the Lomita Neighborhood Tract in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Sequel Contractors, a California corporation, with its principal office at 13546 Imperial Hwy, Sante Fe Springs, State of California.

The name of the surety on the Labor and Material Bond for the Project is Travelers Casualty and Surety Company of America, Connecticut (Bond No. 107838937) in the amount of $706,610.00.

DATED as of the 14th day of May 2024. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 14th day of May 2024 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 3.10. 5/14/2024 File #: 24-0288
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various Sections in Titles 3 and 5 of the Orange Municipal Code to delete outdated language, update references to conform with current law and Code provisions and achieve internal consistency.

Ordinance No. 07-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on April 23, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 07-24.

4. ATTACHMENTS
· Ordinance No. 07-24
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Agenda Item
City Council
Item #: 3.10. 5/14/2024 File #: 24-0288
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

Ordinance No. 07-24.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on April 23, 2024.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 07-24.

4. ATTACHMENTS
· Ordinance No. 07-24
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ORDINANCE NO. 07-24

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE AMENDING VARIOUS
SECTIONS IN TITLES 3 AND 5 OF THE ORANGE

MUNICIPAL CODE TO DELETE OUTDATED

LANGUAGE, UPDATE REFERENCES TO CONFORM

WITH CURRENT LAW AND CODE PROVISIONS,
AND ACHIEVE INTERNAL CONSISTENCY.

WHEREAS, the Orange Municipal Code requires updates, from time to time, to reflect current administrative or operational procedures adopted by the City; and WHEREAS, the changes proposed update the Code to delete outdated language, update references to conform with current law and code provisions, achieve internal consistency and otherwise capture general language clean-up.

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

SECTION I:

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

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

SECTION II:

Sections 3.04.010 of the Orange Municipal Code, “Revenue and Finance – Real Property Transfer Tax – Transfer of Duties to County Treasurer, Assessor, and Tax Collector,” 3.04.020 of the Orange Municipal Code, “Revenue and Finance – Real Property Transfer Tax – Effective Date of Transfer of Duties,” 3.04.030 of the Orange Municipal Code, “Revenue and Finance – Real Property Transfer Tax – Deposit and Disposition of Funds,” and 3.04.080 of the Orange Municipal Code, “Revenue and Finance – Real Property Transfer Tax – Exemptions from Tax,” are hereby amended to read as follows:

3.04.010 – Transfer of Duties to County Treasurer, Assessor, and Tax Collector.

All of the functions and duties of the City Treasurer, with regard to tax collection and of the City Clerk as ex officio assessor relating to the assessment, levy and collection of city taxes for the City, including the collection of delinquent taxes and penalties and the sales of property for 241
2 nonpayment of taxes, are transferred to the County Treasurer, Tax Collector and County Assessor pursuant to the provisions of the California Statutes of 1949, Chapter 81.

3.04.020 – Effective Date of Transfer of Duties.

The functions and duties mentioned in Section 3.04.010 shall be taken over and performed by the County Treasurer, and Tax Collector and County Assessor for the fiscal year 1958-59 and for the succeeding years thereafter.

3.04.030 – Deposit and Disposition of Funds.

All taxes collected or received by the County Treasurer - Tax Collector and County Assessor or Auditor, for and on behalf of the City, shall be deposited with the County Treasurer to the credit of the City, and shall be remitted to the City Treasurer - Tax Collector and County Assessor, in such amount and as often as can reasonably be done, and upon receipt thereof by the City Treasurer - Tax Collector and County Assessor, the same shall be deposited and disbursed in accordance with law and the ordinances and resolutions of the City.

3.04.080 – Exemptions from Tax.

A. Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.

B. The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor.

C. Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:

1. Confirmed under the Federal Bankruptcy Code as amended;

2. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Section 101 of Title II of the United States Code, as amended;

3. Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 of Title II of the United States Code, as amended; or

4. Whereby a mere change in identity, form or place of organization is effected.

Subsections (1) to (4), inclusive, of this subsection shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.

D. Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as 242
3 defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if:

1. The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79K of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;

2. Such order specifies the property which is ordered to be conveyed;

3. Such conveyance is made in obedience to such order.

E. Realty held by a partnership.

1. In the case of any realty held by a partnership or other entity treated as a partnership for federal income tax purposes, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in the partnership or other entity otherwise if both of the following occur:
a. The partnership or other entity treated as a partnership is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986; and
b. The continuing partnership or other entity treated as a partnership continues to hold the realty concerned.

2. If there is a termination of any partnership or other entity treated as a partnership within the meaning of Section 708 of the Internal Revenue Code of 1986, for purposes of this chapter, the partnership or other entity treated as a partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by the partnership or other entity at the time of the termination.

3. Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subsection E(2), and any transfer pursuant thereto, with respect to the realty held by a partnership or other entity treated as a partnership at the time of the termination.

4. No levy shall be imposed pursuant to this chapter by reason of any transfer between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer.
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4 F. Revenue and Taxation Code § 11926 (Inapplicability to deed instrument or writing to beneficiary or mortgagee taken in lieu of foreclosure; exception; notations required on deed, etc., affidavit).

G. Revenue and Taxation Code § 11927 (Deed, instrument or other writing which purports to transfer, divide or allocate property assets between spouses under judgment of dissolution of marriage, separation or agreement in contemplation of judgment or order).

H. Revenue and Taxation Code § 11928 (Deed, instrument or other writing for conveyance of realty by state, political subdivision, or agency with agreement for purchaser to reconvey).

I. Revenue and Taxation Code § 11929 (Deed, instrument or other writing for conveyance of realty by state, political subdivision, or agency of realty financed by obligations issued by a nonprofit corporation).

J. Revenue and Taxation Code § 11930 (Inter vivos gifts or death; transactions for land, tenements, or realty, or interests therein).

SECTION III:

Section 3.10 of the Orange Municipal Code, “Revenue and Finance – Fees and Charges,” is hereby amended to read as follows:

3.10 – MASTER SCHEDULE OF FEES

3.10.010 – Purpose.

The purpose of this chapter is to provide a system for periodic and continuous review of fees and charges for services provided by the City to insure that persons who use these services and receive the benefits thereof shall pay for them at rates reasonably consistent with costs of providing such services, including administrative costs.

3.10.020 – Scope.

The provisions of this chapter shall be applicable only to those fees and charges listed in the "Master Schedule of Fees" and those fees and charges which the City Council may consider for inclusion thereon.

3.10.030 – Establishment and Amendment.

The City Council shall establish and maintain a "Master Schedule of Fees" which shall be adopted by resolution. Changes in the "Master Schedule of Fees" shall be made by resolution which shall amend the adopting resolution.

3.10.040 – Review.

The City Council shall review fees and charges annually or at such other times as the Council may deem necessary.
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5 3.10.050 – Chapter Not Construed as Limitation.

Nothing contained in this chapter shall be construed as limiting the power of the City Council to impose or raise fees and charges as authorized by law.

SECTION IV:

Section 3.11.040 of the Orange Municipal Code, “Revenue and Finance – Major Thoroughfare and Bridge Fee Program – Establishing an Area of Benefit,” is hereby amended to read as follows:

3.11.040 – Establishing an Area of Benefit.

Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the Director of Public Works. The City Council shall set a public hearing for each proposed area of benefit.

A. Notice of the time and place of said hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs, and the method of fee apportionment shall be given in the following manner:

1. Notice shall be given at least 10 calendar days before the hearing.

2. Notice shall be published at least once in a newspaper of general circulation within the proposed area of benefit.

3. Notice shall be posted throughout the proposed area of benefit with at least three notices posted at arterial highway intersections within the proposed area of benefit.

4. Notice shall be sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit.

5. Notice shall be sent by first-class mail to all municipal advisory committees and known homeowners' associations within the proposed area of benefit.

6. Notice shall be sent by first-class mail to any person who has filed a written request therefor with the Director of Public Works. Such request shall apply for the calendar year in which it is filed.

7. a. At the public hearing the City Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest is filed and not withdrawn as specified in subsection (7)(c), herein, determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee 245
6 apportionment. A certified copy of such resolution shall be recorded by the City Clerk with the Orange County Recorder's office.
b. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this chapter, the City Council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources. c. Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public meeting. d. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this chapter to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth herein. e. Nothing in this chapter shall prohibit the City Council, within such one year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of its members as required in Section 66484.3 of the Government Code (Bridge and Roadway Construction Fees in Orange County), that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof.

8. Fees paid pursuant to this chapter shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement.
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7 9. The City Council may approve the acceptance of other consideration in lieu of the payment of fees established herein.

10. The City Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this section.

11. If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a reimbursement agreement with the applicant. Such agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.

SECTION V:

3.12 FUNDS
Section 3.12 of the Orange Municipal Code, “Revenue and Finance – Funds,” is hereby deleted in its entirety.

SECTION VI:

Section 3.16.040 of the Orange Municipal Code, “Revenue and Finance – Claims Against the City – Claims—Late Filing” and 3.16.050 of the Orange Municipal Code, “Revenue and Finance – Claims Against the City – Claims— Presentation and Contents” are hereby amended to read as follows:

3.16.040 – Claims—Late Filing.

In accordance with Section 935 of the California Government Code, application to file a late claim under this chapter shall be regulated by Sections 911.3 through 911.8, inclusive, of the California Government Code. Where an application for leave to present a late claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from the provisions of this chapter, as provided in California Government Code Section 946.6.

3.16.050 – Claims—Presentation and Contents.

A signed, written claim shall be presented to the City of Orange and any public entity for which the City Council is the governing body, by mailing it, delivering it, or filing it electronically to the City Clerk by the claimant or by person acting on his or her behalf. The claims shall conform to 247
8 the requirements of Section 910 of the California Government Code or of a form provided by the City, if such form is provided.

SECTION VII:

3.30 MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM FUND Section 3.30 of the Orange Municipal Code, “Revenue and Finance – Mobile Source Air Pollution Reduction Program Fund,” is hereby deleted in its entirety.

SECTION VIII:

Section 5.10.010 of the Orange Municipal Code, “Business Taxes and Regulations – Administration – Affidavit Statement of Gross Receipts,” is hereby amended to read as follows:

5.10.010 – Affidavit Statement of Gross Receipts.

A. In all cases where business tax is based upon gross receipts, the taxpayer must submit to the Business Services Coordinator, for his or her guidance in ascertaining the amount of the business tax to be paid by the taxpayer, a written statement, upon a form to be provided by the Business Services Coordinator, written under penalty of perjury, or sworn to before a person authorized to administer oaths, setting forth such gross receipt information concerning the taxpayer's business during the preceding year as may be required by the Business Services Coordinator to enable him or her to ascertain the amount of the business tax to be paid by the taxpayer pursuant to the provisions of this title.

B. Said statement shall be submitted on all business taxes based upon gross receipts on or before 30 days following the anniversary date applicable to such business as before set forth, and any additional sums payable by reason of such statement shall accompany the return or statement. No renewal license shall be issued until the full amount due and payable by reason of the statement and return for the previous year has been paid.

C. In the event that a business taxed under the gross receipts classifications of this code ceases operation before the end of the license period, then the statement shall be submitted on or before 30 days following the ceasing of business. Any additional sums payable by reason of such statement shall accompany such statement. In no event shall any portion of the minimum fee be refundable in the event a business ceases operation.

D. The processing fee and minimum business tax fee payable under the gross receipts classifications shall be due and payable in the case of an original business license before the business license is issued. In the case of a renewal, the business tax fee shall accompany the statement of gross receipts for the prior year on the application for renewal.

E. General contractors or contractors employing subcontractors or other services shall be licensed by the Contractors’ State License Board and shall furnish the Business Services Coordinator with the names and addresses of the subcontractors or other services and the amount of money which the contractor is paying or proposing to pay to each of their 248
9 subcontractors or other services. In addition to any other penalties provided by law, in the event the contractor fails, neglects or refuses to provide the Business Services Coordinator with such information on subcontractors, or other services, the contractor shall be jointly and severally liable to pay the amount of the business tax for each subcontractor or other services so employed.

SECTION IX.

Section 5.12.030 of the Orange Municipal Code, “Business Taxes and Regulations – Adjustments – Disabled Veterans,” is hereby amended to read as follows:

5.12.030 – Disabled Veterans.

Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this state shall have the right to hawk, peddle and vend any goods, wares or merchandise owned by him or her, except spirituous malt, vinous or other intoxicating beverages, without the payment of a business tax, subject, however, to the restrictions, limitations, regulations and conditions set forth in Section 5.66.050.

A veteran who is honorably discharged or honorably relieved from the Armed Forces of the United States and is a resident of this state shall not be required to pay any local business license fees for a business selling or providing services if the veteran is the sole proprietor of the business.

SECTION X.

Section 5.14.220 of the Orange Municipal Code, “Business Taxes and Regulations – Business Tax Rates – Shows,” is hereby amended to read as follows:

5.14.220 – Shows.

Tax for shows (Code Section Reference 5.40.010, 5.70.010, and 5.72.010) shall be as follows:

A. Circus, etc., 4,000 Persons. Tax for a circus or similar exhibition, having a seating capacity of not more than 4,000 persons, except in a recreation park or amusement center, as mentioned in Section 5.14.200, shall be $200.00 per day for the first day, and $100.00 for each succeeding consecutive day that the same is conducted.

B. Circus, More than 4,000 Persons. Tax for a circus or similar exhibition, having a seating capacity of more than 4,000 persons, except in a recreation park or amusement center, as mentioned in Section 5.14.200, shall be $200.00 per day for the first day, and $100.00 for each succeeding consecutive day that the same is conducted.

C. Concession. Tax for each stand, concession, show, exhibition or enterprise, other than those specifically mentioned herein, belonging to said carnival or similar business, shall be $10.00 per day.
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10 D. Ferris Wheel, etc. Tax for a Ferris wheel, scenic railway, merry-go-round, swing, or similar device where a fee is charged or collected for carrying any persons thereon, shall be $10.00 for the first day and $5.00 for each succeeding consecutive day that the same is or are so conducted.

E. Novelty Seller. Tax for each person selling flags, banners, balloons, canes, horns, noise- making instruments, badges, souvenirs and other novelties, in connection with said carnival or similar business, other than from a stand, wagon or tent, shall be $5.00 per day.

F. Sideshow. Tax for a sideshow or after show to a circus or similar exhibition, except in a recreation park or amusement center, as mentioned in Section 5.14.200, shall be $10.00 per day.

G. Street Show. Tax for a street show, street exhibitions, outdoor entertainment, or similar enterprises, or any tent show where seating accommodations are not provided for, which exhibition, entertainment, enterprise or tent show is not specifically provided for in this chapter and for which a charge is made or collected, shall be $50.00 per day.

H. Tent Show, Carnival, 1,000 Persons. Tax for each tent show with a seating capacity of not more than 1,000 persons shall be $25.00 per day.

I. Tent Show, Carnival, 1,000 to 4,000 Persons. Tax for each tent show with a seating capacity of more than 1,000 persons and not more than 4,000 persons shall be $100.00 for the first day and $50.00 for each succeeding consecutive day.

J. Tent Show, Carnival, More than 4,000 Persons. Tax for each tent show with a seating capacity of more than 4,000 persons shall be $200.00 for the first day and $100.00 for each succeeding day.

K. Tent Show, Not Circus. Every person conducting, managing or carrying on any tent show not otherwise specifically provided for in this chapter wherein seating accommodations are provided for spectators, shall pay the following daily business tax:

1. For each tent show having a seating capacity of not more than 4,000 persons, a daily business tax of $100.00 for the first day and $50.00 for each succeeding consecutive day that the same is conducted, managed, or carried on;

2. For each tent show having a seating capacity of more than 4,000 persons, a daily business tax of $200.00 for the first day and $100.00 for each succeeding consecutive day that the same is conducted, managed or carried on.

L. Theater, Moving Picture, Vaudeville. Tax on a "motion picture theater" within a building shall be determined based upon the number of screens on which motion pictures are projected. Tax for a theater where motion pictures, or legitimate theater, or vaudeville shows are exhibited, shall be as follows (Code Section Reference 5.15.310):
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11 1. For any such stage or motion picture screen having a seating capacity of less than 1,000 persons, a business tax of $130.00 per year;

2. For any such stage or motion picture screen having a seating capacity of 1,000 or more persons, a business tax of $260.00 per year.

M. Theater, Outdoor. Tax for an outdoor theater where moving or motion pictures are exhibited, shall be as follows:

Number of Stalls Tax Per Year
First 500 $275.00
All over 500 $275.00 per stall
+.40 for each over 500
Separate business licenses shall be obtained for snack bars, food stands or other concessions.

N. Theatrical Performance in Clubs.

1. Tax for a theatrical or vaudeville performance or exhibiting any moving or motion pictures in any theater, public hall, clubroom, or assembly hall, for which a charge is made, or donations received, shall be $15.00 per day.

2. Nothing in this subsection shall be deemed or construed to require the holder of a theater business license issued pursuant to the provisions of the preceding subsection to procure an additional business license to conduct, manage or carry on any theatrical or vaudeville performance or to exhibit any moving or motion pictures at any theater so licensed.

O. Council Discretion to Waive Fees. Notwithstanding any provisions of this code imposing business taxes on any carnival, circus, or similar enterprise, the City Council shall have discretion to waive such taxes in whole or in part for any carnival, circus, or similar enterprise conducted as part of any event declared by the City Council by resolution as having significance for all, or substantially all, of the citizens of the City and which is either regularly celebrated in the City or is a special celebration of city-wide significance unique to the City.

SECTION XI.

Sections 5.15.020 of the Orange Municipal Code, “Business Taxes and Regulations – Definitions – Automobile Dismantler” and 5.15.040 of the Orange Municipal Code, “Business Taxes and Regulations – Definitions – Business License,” are hereby amended to read as follows:

5.15.020 – Automobile Dismantler.
"Automobile dismantler" means any person who has an established place of business and is engaged in the business of buying, selling, or dealing in vehicles of a type required to be registered under the Vehicle Code , including nonrepairable vehicles for the purpose of dismantling the 251
12 vehicles, who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts. This section does not apply to the occasional and incidental dismantling of vehicles by dealers who have secured dealers' plates from the Department of Motor Vehicles whose principal business is buying and selling new and used vehicles, or by owners who desire to dismantle not more than three personal vehicles within any 12 month period. (See California Vehicle Code Section 220.)

5.15.040 – Business License.
"Business license" means a license issued to a business by the City as set forth in Title 5 of the Code.

SECTION XII:

Section 5.15.310 of the Orange Municipal Code, “Business Taxes and Regulations – Definitions – Theater, Motion Picture,” is hereby deleted in its entirety.

SECTION XIII:

Sections 5.16.020 of the Orange Municipal Code, “Business Taxes and Regulations – Uniform Transient Occupancy Tax – Definitions” and 5.16.040 of the Orange Municipal Code, “Business Taxes and Regulations – Uniform Transient Occupancy Tax – Exemptions,” are hereby amended to read as follows:

5.16.020 – Definitions.

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:
"Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, short term rental, or other similar structure or portion thereof. "Occupancy" means the use or possession, or the right to the use or possession, of any room or rooms or other living space, or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.
"Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance with both.
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13 "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. "Rent" means the consideration charge, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.
"Tax Administrator" means the Director of Finance.
"Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered.

5.16.040 – Exemptions.

A. No tax shall be imposed upon:

1. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided;

2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty;

3. Charges for food served to transients which are not complimentary to the room rental and are subject to sales tax pursuant to Revenue and Taxation Code Section 7282.3. To be exempt, charges must not be considered "complimentary" as defined by state regulations or;

4. Any person whose occupancy is for the official business of their employers pursuant to Revenue & Taxation Code § 7280;
B. No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator.

SECTION XIV:

Sections 5.32.010 of the Orange Municipal Code, “Business Taxes and Regulations – Business Permits – Terms and Conditions of Issuance – Application” and 5.32.080 of the Orange Municipal Code, “Business Taxes and Regulations – Business Permits – Terms and Conditions of Issuance – Grounds for Denial,” are hereby amended to read as follows:
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14 5.32.010 – Application.

A. Before any business permit is issued to any person, unless otherwise provided in this code, a written application by the applicant shall be made to the Business Services Coordinator. Such application shall contain the following information:

1. The true name of the applicant;

2. The fictitious name or names, if any, of the applicant;

3. The residence address of the applicant;

4. The driver's license number of the applicant;

5. Height and weight and color of eyes and hair of the applicant;

6. Date and place of birth of the applicant;

7. The citizenship of the applicant;

8. The name of the business;

9. The name of the owner of the business, if different from applicant;

10. The business address of the applicant;

11. The name of the proprietor or manager of the business, if different from owner;

12. The residence address of the applicant for the five years immediately preceding the date of the application;

13. Whether the applicant has ever been refused or denied a license or permit or had one revoked; if so, the type of license of permit, the location, the date, and the reason therefor;

14. Business, occupation, or employment of the applicant for the five years immediately preceding the date of the application;

15. All convictions and the reasons therefor;

16. The signature of the applicant.

B. The Business Services Coordinator may also require the above information section in accordance with Business & Professions Code §16000.1 from any person connected or associated with the applicant as partner, director, officer, or stockholder. In addition, any person who is exercising managerial authority of or on behalf of the applicant shall provide the information described in this.
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15 5.32.080 – Grounds for Denial.

The following shall constitute grounds for denial of a permit:

A. The business is prohibited by any local or state law, statute, rule or regulation, or prohibited in the particular location by any local or state law, statute, rule or regulation.

B. Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a crime involving moral turpitude or a crime which has a substantial relationship to the permitted business, shall be prima facie disqualification of an applicant for the following City business permits:

Ambulances, amusements, antique shop, billiards, circus, coin shop, concealable firearms sellers' permit, escort bureau, dance, entertainment, food-handling business, food-handling facilities, fortunetelling, massage parlor, pawnbroker, second-hand dealer, auctioneer, security business, soliciting, solicitors, special event, special pageant, tow truck, vehicle for hire, and vending machines.

The Business Services Coordinator or Chief of Police, however, may disregard such conviction if it is found and determined by such Business Services Coordinator or Chief of Police that mitigating circumstances exist. In making such determination, the Business Services Coordinator or Chief of Police shall consider the following factors:

1. The type of business permit for which the person is applying;

2. The nature and seriousness of the offense;

3. The circumstances surrounding the conviction;

4. The length of time elapsed since the conviction;

5. The age of the person at the time of the conviction;

6. The presence or absence of rehabilitation or efforts at rehabilitation;

7. Contributing social or environmental conditions.

C. The business has been or is a public nuisance.

D. The applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate, or manager has committed or aided or abetted in the commission of any act or act of omission which, committed by a permittee would be a ground for suspension or revocation of the permit under this article.

E. The applicant, his or her agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a 255
16 permit or had a permit revoked or suspended by the City, or by any other public agency on any ground on which the City could deny such a permit.

F. The applicant, his or her employee, agent or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report, or record required to be filed with the Business Services Coordinator or other officer of the City.

G. The applicant, his or her employee, agent, or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertising in connection with the operation of the permitted business.

SECTION XV:

Sections 5.35.140 of the Orange Municipal Code, “Business Taxes and Regulations – Usage of Ambulance Service Licensees – Rules and Regulations” and 5.35.150 of the Orange Municipal Code, “Business Taxes and Regulations – Usage of Ambulance Service Licensees – Complaints,” are hereby amended to read as follows:

5.35.140 – Rules and Regulations.

A. As to all sections of this chapter except Section 5.35.130, the Health Officer shall make such rules and regulations and as may be necessary to implement this chapter. Prior to adoption, proposed rules and regulations shall be submitted to the Orange County Emergency Medical Care Committee for comment.

B. As to Section 5.35.130, the Fire Chief shall make such rules and regulations and as may be necessary to implement this chapter. Prior to adoption, the Fire Chief's rules and regulations shall be submitted to the Orange County Emergency Medical Care Committee for comment.

C. The Health Officer or the Fire Chief or their designee(s) may inspect the records, facilities, transportation units, equipment and method of operations of each licensee whenever necessary and the Health Officer shall perform such inspections at least annually.

5.35.150 – Complaints.

The City, the department, any user, subscriber, or public safety agency who believes, or has reason to believe, that he or she or another party has been required to pay an excessive charge for services, received inadequate services or services provided were not in compliance with the provision of this chapter, may file a written complaint with the Department setting forth such allegations. The Department shall notify the ambulance service operator of such complaint. The ambulance service operator shall file a written response within 15 calendar days after receipt of notification.

SECTION XVI:

Sections 5.36.010 of the Orange Municipal Code, “Business Taxes and Regulations – Amusements – Permit Required” and 5.36.020 of the Orange Municipal Code, “Business Taxes and Regulations – Amusements – Application for Permit,” are hereby amended to read as follows:
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17 5.36.010 – Permit Required.

No person shall operate any game, amusement center, amusement room, amusement device, amusement exhibition, or recreational or mechanical amusement device as a business within the City without obtaining a proper permit therefor, as herein provided.

5.36.020 – Permit Required.

Application for a permit to operate any game, amusement center, amusement room, amusement device, amusement exhibition, or recreational or mechanical amusement device shall be made to the Business Services Coordinator on forms provided by the Business Services Coordinator, which application shall contain the information in Section 5.32.010 and the following additional information:

A. The address and name of the owner, lessee, and other person in control of the establishment or establishments wherein the game, recreational or mechanical amusement device or devices are proposed to be located;
B. A statement that the game, recreational or mechanical amusement device or devices for which a permit is sought, is not intended to be, and will not be permitted to be used for any gambling purpose whatsoever;
C. A complete description of the game, recreational or mechanical amusement device or devices, and the manner in which they are to be placed and operated; D. A statement of the applicant's interest in, or title to, the game, recreational or mechanical amusement device or devices for which a permit is sought.

SECTION XVII:

Section 5.41.060 of the Orange Municipal Code, “Business Taxes and Regulations – Coin Shops – Buying, Reporting, and Holding Requirements,” is hereby amended to read as follows:

5.41.060 – Buying, Reporting, and Holding Requirements.

The holding, reporting and identification of coins and currency shall be in conformance with Division 8, Chapter 9, Article 4 of the Business and Professions Code, Section 21625, et seq.

SECTION XVIII:

Sections 5.42.010 of the Orange Municipal Code, “Business Taxes and Regulations – Concealable Firearms Sellers’ Permit – Permit – Required” and 5.42.040 “Business Taxes and Regulations – Concealable Firearms Sellers’ Permit – Standards for Granting Permit,” are hereby amended to read as follows:

5.42.010 – Concealable Firearms Sellers’ Permit – Permit – Required.

The business of selling concealable firearms shall be conducted only under a permit issued by the City and shall be subject to all conditions contained in this chapter. 257
18 5.42.040 – Concealable Firearms Sellers’ Permit – Permit – Required.

The Chief of Police shall approve or deny the permit based upon the grounds in Section 5.32.080 and the following criteria:

A. Proper physical security of the business location to insure that the firearms will not be accessible to unauthorized persons;
B. The number of existing approved licenses and their locations; C. The location of the business conforms to all zoning requirements; however, it shall not be permitted as a home occupation.

SECTION XIX:

Sections 5.43.120 of the Orange Municipal Code, “Business Taxes and Regulations – Tattooing Establishment and Operation Regulations – Tattooing Operations – Shaving” and

5.43.180 “Business Taxes and Regulations – Tattooing Establishment and Operation Regulations – Tattooing Operations – Discarding of Certain Equipment,” are hereby amended to read as follows:

5.43.120 – Tattooing Operations – Shaving.

No tattooing operation involving shaving shall be performed unless the skin is washed with soap prior to the shaving and unless a single-use, disposable razor is used to shave the procedure site and then discarded into a sharps container.

5.43.180 – Tattooing Operations – Discarding of Certain Equipment.

Operators shall discard the following items immediately after use in any tattooing operation:

A. Tubes and gauze used in application of petroleum jelly used for stencils; B. Paper cups used for dye or ink.

SECTION XX:

Section 5.43.150 “Business Taxes and Regulations – Tattooing Establishment and Operation Regulations – Tattooing Operations – Use of Approved Dyes,” is hereby deleted in its entirety.

SECTION XXI:

Sections 5.45.010 of the Orange Municipal Code, “Business Taxes and Regulations – Filming Activities – Definitions,” 5.45.070 of the Orange Municipal Code, “Business Taxes and Regulations – Filming Activities – General Permit Conditions,” and 5.45.090 of the Orange 258
19 Municipal Code, “Business Taxes and Regulations – Filming Activities – Notification and Appeals,” are hereby amended to read as follows:

5.45.010 – Definitions.

As used in this chapter, the following terms shall have the meanings indicated below:
"Charitable or student films" means any filming by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization or is an accredited educational institution, and for which no person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, digital recordings, or photos.
"Commercial films" means all activity attendant to filming any entertainment or advertising programs for any media now known or hereafter created.
"Filming" means all activity attendant to staging or shooting motion pictures, television shows or programs, commercial still photography, digital recordings, computer-based programs, or other visual reproduction technology now known or hereafter created. The period of filming includes the setup, strike and time of photography.
"News media" means filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators. "Private property" means any property not owned by the City on which filming would not interfere with public right-of-way, access or safety.

5.45.070 – General Permit Conditions.

Any applicant granted a permit pursuant to this chapter shall comply with all of the following conditions:

A. The permittee will be required to submit an application for a permit with sufficient advance notice to allow for the appropriate review of the application. If the filming requested interferes with traffic or may affect public safety, an application shall be submitted at least five business days in advance.

B. The permittee is required to obtain the property owner's and business owner's (if applicable) prior written permission, consent, and/or lease for use of private property.

C. If the permittee requires utilization of public parking to film or to park equipment, trucks, and/or cars in zones that will not permit it, temporary "No Parking" signs shall be posted by the City or the City's designee.

D. For filming that would alter, impair or impact traffic flow, the permittee must use law enforcement personnel designated by the City Manager or designee, which may include County Sheriff; California Highway Patrol or City law enforcement personnel and comply 259
20 with all traffic control requirements deemed necessary by the City, including, but not limited to the following:

1. The permittee shall furnish and install advance warning signs and any other traffic control devices in conformance with the CA Manual of Uniform Traffic Control Devices, State of California, Department of Transportation. All appropriate safety precautions must be taken;

2. Traffic may be restricted to one 12 foot lane of traffic and/or stopped intermittently.

The period of time that traffic may be restricted will be determined by the City's Police Chief or designee, based on location and other factors deemed relevant. When necessary circumstances exist, traffic may be rerouted as provided in a detour plan approved by the City department having jurisdiction;

3. Traffic shall not be detoured across a double line without prior approval of the appropriate City departmental representative;

4. Unless authorized by the City, the camera cars must be driven in the direction of traffic and must observe all traffic laws;

5. Any emergency road work or emergency construction by City crews and/or private contractors, under permit or contract to the appropriate City department, shall have priority over filming activities.

E. Notwithstanding anything to the contrary contained in Chapter 12.58 of this code, the City Manager or designee may restrict the use of, or close, any City street wherever the City Manager or designee considers such restriction of use necessary and appropriate under this chapter.

F. When parking in a City-owned parking lot or City-controlled public parking, the permittee will be billed according to the current rate schedule established by the City. In order to assure the safety of citizens in the surrounding community, access roads which serve as emergency service roads must never be blocked without prior approval of the City's Police Chief or designee. No relocation, alteration, or moving of City-owned structures or property will be permitted without prior approval of the City Manager or designee.

G. The permittee shall conduct operations in a neat and orderly fashion and free of debris with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of filming at the scene and restored to its original condition.

H. The permittee shall be liable for any damage suffered by the City resulting from the granting or use of a permit under this chapter and, at the election of the City Manager or designee, shall repair the damage or reimburse the City for all expenses related to such damage.
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21 5.45.090 – Notification and Appeals.

A. The City Manager or designee shall act upon the application in a timely fashion and shall approve or disapprove the application or request additional information within a period of not greater than five business days following the date of filing of the application. The applicant shall be immediately notified of the action of approval, denial or revocation of the permit application or permit issued under this chapter.

1. The notice of denial or revocation shall state the reasons for such action and the appropriate remedy or cure, if applicable.

2. The notification shall be deemed satisfied when the notice is sent by mail or electronic mail.

B. An applicant or permittee aggrieved by a decision or action of the City Manager or designee under this chapter shall have the right to appeal any such decision to the City Council.

1. Any appeal shall be filed with the City Clerk within five business days after notice of denial, approval or revocation has been received by the applicant or permittee. The City Council shall act upon the appeal within 28 calendar days of the filing of the appeal.

2. Upon receipt of an appeal, the City Clerk shall set a date for a hearing of the matter and give notice of the date, time and place of the hearing to the applicant/appellant. Prior to such hearing, the City Manager shall transmit to the City Clerk a report of his/her findings and at the City Council hearing shall present all documents on file.

3. The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part, the action that was appealed. The City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this chapter and may waive any requirement of this chapter where it is found to be in the public interest. The City Council shall transmit a copy of its decision to the applicant/appellant.

SECTION XXII:

Sections 5.46.010 of the Orange Municipal Code, “Business Taxes and Regulations – Food Handling Business – Definitions” and 5.46.050 of the Orange Municipal Code, “Business Taxes and Regulations – Food Handling Business – Notice of Violation,” are hereby amended to read as follows:

5.46.010 – Definitions.

The following terms used in this chapter shall have the meanings indicated below. Other terms used in this chapter shall have the same meanings as are set forth in the California Retail Food Code, Health and Safety Code Section 113700 et seq., and as may be amended:
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22 "Health Department" or "Department" means the Orange County Health Care Agency. "Health Officer" means the County Health Officer or his or her deputy. "Inspector" means an environmental health specialist, as defined in the Health and Safety Code Section 106615, employed by the Health Department, or the Health Officer or any Deputy Health Officer authorized to inspect premises or equipment for the enforcement of this article. "Premises" shall include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or food facilities or on such premises. "Receipt" means a county public health services fee receipt. "Vending machine business" means the business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located.

5.46.050 – Notice of Violation.

When any state or local laws, rules or regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation," specifying:

A. The acts or omissions with which the permittee is charged; B. The provision or provisions violated thereby;
C. The corrective steps required;
D. The date by which all such corrections must be completed, allowing a reasonable period therefor;
E. That the permittee has a right to a hearing upon written request or that a mandatory hearing has been scheduled;
F. That if no hearing is requested or if the permittee fails to appear at the scheduled hearing and if the Health Department does not receive notice that all such corrections have been made before 9:00 A.M. of the date specified under subsection D above, the permit will be subject to suspension or revocation from that time until all violations are corrected.

SECTION XXIII:

Section 5.47.020 of the Orange Municipal Code, “Business Taxes and Regulations – Restaurant Food Service Manager Certification Program – Program Implementation,” is hereby deleted in its entirety.
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23 SECTION XXIV:

Section 5.47.030 of the Orange Municipal Code, “Business Taxes and Regulations – Restaurant Food Service Manager Certification Program – Program Costs and Fees,” is hereby amended to read as follows:

5.47.030 – Program Costs and Fees.

The costs of administering the Food Service Manager Certification Program shall be recovered through fees paid directly to environmental health by each applicant. All costs of the program shall be borne by the applicants for certification. The program costs shall be determined annually and the fees adjusted accordingly as approved by the County Board of Supervisors.

SECTION XXV:

Sections 5.48.070 of the Orange Municipal Code, “Business Taxes and Regulations – Food Handling Facilities – Temporary – Health of Food Handlers” and 5.48.100 of the Orange Municipal Code, “Business Taxes and Regulations – Food Handling Facilities – Temporary – Animals Prohibited From Preparation Area – Exception,” are hereby amended to read as follows:

5.48.070 – Program Costs and Fees.

Any person engaging in the sale or service of food or beverages, under this chapter, shall be free from colds, open sores, and in good health. Hair must be confined adequately so as to prevent entry of hair into any food or beverage. No smoking, vaping, or use of tobacco or cannabis in any form shall be permitted in any temporary food handling facility and signs shall be posted in conspicuous places giving notice thereof.

5.48.100 – Animals Prohibited From Preparation Area – Exception.

No live animal, bird, or fowl shall be kept or allowed in any area where food or beverage is prepared, stored, kept, or served, except that this shall not include service dogs being used by an individual with a disability.

SECTION XXVI:

Section 5.49 of the Orange Municipal Code, “Business Taxes and Regulations – Program and Training,” is hereby amended to read as follows:

5.49 – ALCOHOL MANAGEMENT PROGRAMS AND SERVER TRAINING.

SECTION XXVII:

Section 5.49.050 of the Orange Municipal Code, “Business Taxes and Regulations – Program and Training – Abatement of Nonconforming Bars and Taverns,” is hereby deleted in its entirety.
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24 SECTION XXVIII:

Section 5.50.040 of the Orange Municipal Code, “Business Taxes and Regulations – Going-Out-Of-Business Sale – Fees,” is hereby amended to read as follows:

5.50.040 – Fees.

The fees for a permit and for each supplemental permit shall be set by resolution of the City Council. All fees collected pursuant to this section shall be refunded to any person who, at the conclusion of the sale described herein, reestablishes a business at a location, other than the location of the sale, within the City limits.

SECTION XXIX:

Section 5.52.050 of the Orange Municipal Code, “Business Taxes and Regulations – Handbills – Distribution on Uninhabited or Vacant Private Premises,” is hereby amended to read as follows:

5.52.050 – Distribution on Vacant Private Premises.

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any private premises which are temporarily or continuously vacant.

SECTION XXX:

Sections 5.54.040 of the Orange Municipal Code, “Business Taxes and Regulations – Regulation of Sidewalk Vendors – Permit Application,” 5.54.110 of the Orange Municipal Code, “Business Taxes and Regulations – Regulation of Sidewalk Vendors – Stationary Sidewalk Vendor Operating Requirements,” 5.54.120 of the Orange Municipal Code, “Business Taxes and Regulations – Regulation of Sidewalk Vendors – Operating Requirements for Sidewalk Vendors Within a Park,” and 5.54.130 of the Orange Municipal Code, “Business Taxes and Regulations – Regulation of Sidewalk Vendors – Prohibited Activities,” are hereby amended to read as follows:

5.54.040 – Permit Application.

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

1. The legal name, date of birth, current mailing address and telephone number of the applicant who will be solely responsible for the Sidewalk Vending Permit regardless of whether that person is employed or engaged by another individual or a business or will use a vending cart owned by another individual or a business. The applicant must be 18 years of age or older.
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25 2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name, current telephone, email, and business address of the principal.

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

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

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

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

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

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

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

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

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

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

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

14. If the applicant proposes vending food, a certification of completion of a food handler course and proof of all required approvals from the Orange County Health Care Agency 265
26 Environmental Health Division including a copy of the applicant's current and valid Orange County Food Facility Health Permit.

15. A copy of a current and valid business license issued pursuant to Chapter 5.06.

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

17. Submittal of two high resolution color passport photos of the applicant and its employee(s), if applicable, taken within 60 days of the application filing. The photos shall be as follows:
a. Two inches by two inches (51 x 51 mm);
b. Head must be between one inch and 1 3/8 inches (25–35 mm) from the bottom of the chin to the top of the head and showing the shoulder; c Printed on matte or glossy quality paper;
d. Not digitally changed and not blurry, grainy or pixelated.

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

19. The applicant shall maintain and provide proof of comprehensive general liability insurance with minimum policy limits of $1,000,000.00 per occurrence, combined single limit coverage, and $1,000,000.00 in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the applicant. Such insurance shall name as additional insured the City of Orange, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without 30 days' advance written notice to the City of Orange.

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

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

22. An agreement by the applicant to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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 sidewalk vending activities. This indemnification shall include, 266
27 but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee or City.

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

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

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

C. The applicant must immediately notify the City in writing of any changes to the information provided in the application or this chapter after the issuance of a Sidewalk Vending Permit.

A Sidewalk Vending Permit Change of Information Fee shall be assessed against any applicant who has been issued a Sidewalk Vending Permit and changes any information as provided in the application or this chapter as established by resolution of the City Council.

D. Payment of an application permit fee and renewal permit fees. Each application for a Sidewalk Vending Permit either as a stationary sidewalk vendor or roaming sidewalk vendor shall be accompanied by an application permit fee or renewal permit fee as established by resolution of the City Council. The application permit fee and renewal permit fees are only applicable to the applicant named in the application. The application permit fee and renewal permit fee are non-refundable and will not be prorated.

E. Payment of an Employee Application Permit Fee, if Applicable. An employee application permit fee shall be required for each person who will be employed or engaged in sidewalk vending activity by an applicant for a Sidewalk Vending Permit; the fee shall be established by resolution of the City Council. This fee shall be required for each person employed or engaged in sidewalk vending activities either as a stationary sidewalk vendor or a roaming sidewalk vendor. Furthermore, this fee shall be renewed annually for each person employed or engaged by the applicant of a Sidewalk Vending Permit and the fee is non-refundable and will not be prorated.

5.54.110 – Stationary Sidewalk Vendor Operating Requirements.

In addition to the general operating requirements set forth in Sections 5.54.100, 5.54.120 and

5.54.130, stationary sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a stationary sidewalk vendor. 267
28 A. Vending activity is prohibited from operating or establishing in any residential zone of the City.

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

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

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

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

F. No vending cart may exceed an overall height of five feet, a total width of five feet, and a total length of five feet. It may not include attachments such as balloons, streamers, ribbons, pinwheels, flags, and other visual marketing aids.

G. Vending activities shall only occur on sidewalks or pathways with a minimum width of eight feet or larger.

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

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

2. The equipment shall not be unattended;

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

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

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

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

7. Tanks shall be stored in an upright position during use and positioned in such a way as to prevent falling, tipping, and tampering;
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29 8. Tanks shall be disconnected while the conveyance is in transit or not in use;

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

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

11. Any conveyance that stores a tank shall have two ventilation openings on opposite sides at the cylinder valve level and at least one ventilation opening at the floor level. Each opening shall be a minimum of 10 square inches, screened with a minimum 16 mesh and shall vent to the exterior of the conveyance.

I. Stationary sidewalk vendors shall comply with the following fire extinguisher requirements:

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

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

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

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

5.54.120 – Operating Requirements for Sidewalk Vendors Within a Park.

Sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a sidewalk vendor within a park.

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

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

C. Roaming sidewalk vendors shall not vend within 50 feet of any portion of a park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.
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30 D. Sidewalk vendors shall not vend in the following locations within a park:

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

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

3. Within 50 feet of any restroom facilities;

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

5. Within 100 feet of any lake or water basin;

6. Within 100 feet of any decorative water fountain and memorial structures.

7. Within 50 feet of any abutting residential parcel adjacent to a park.

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

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

5.54.130 – Prohibited Activities.

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

A. Sell or offer to sell services, or engage in or offer to engage in any type of rental activity, including the rental of any goods or services;
B. Display merchandise or food that is not available for immediate sale; C. Utilize outdoor wood burning ovens, charcoal barbecues; D. Utilize gasoline or kerosene;
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31 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 sidewalk vending activities between the hours of 10:00 p.m. and 7:00 a.m. daily or inconsistent with the hours of operation of the businesses on the same street block;
G. Utilize a motorized sidewalk vending cart;
H. Touch the person(s) being offered to purchase food or merchandise without that person(s)' consent;
I. Use any flashing lights or any other animated devices or signs. Sidewalk vendors shall only utilize the minimum amount of luminaires necessary for the safe operation of sidewalk vending activities as determined by the City;
J. Sell, use, or vend any of the following:

1. Live animal(s);

2. Adult-oriented material depicting, describing, or relating to specified anatomical areas or specified sexual activities as defined in Section 5.86.020 of the Code;

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

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

5. Pharmaceuticals;

6. Illegal or counterfeit merchandise; or

7. Any other merchandise or products prohibited by local, state and federal laws; K. Use or operate, or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound. No sidewalk vendor shall employ horns, bells, whistles, or noise-making devices;
L. Allow a vending cart or other accessory equipment to touch, lean against or be affixed or fastened at any time to any building, structure or above-ground structure, including, but not limited to, poles, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, waste receptacles, or traffic barriers located in the public right-of-way;
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32 M. Set up a customer seating area such as, but not limited to, equipment, tables, chairs, tents, or canopies;
N. Enter private property to solicit at any dwelling, including, but not limited to, a house, apartment, duplex, condominium, gated community, or business without explicit permission of the property owner or their designee.

SECTION XXXI:

Sections 5.56.040 of the Orange Municipal Code, “Business Taxes and Regulations – Massage Establishments – Application for Massage Business Permit,” 5.56.050 of the Orange Municipal Code, “Business Taxes and Regulations – Massage Establishments – Massage Business Permit Issuance and Denial,” and 5.56.100 of the Orange Municipal Code, “Business Taxes and Regulations – Massage Establishments – Transfer, Duration and Renewal of Permits and Licenses,” are hereby amended to read as follows:

5.56.040 – Application for Massage Business Permit.

A. Any person desiring a business permit for a massage establishment shall file a written application on the form required by the Police Department and as approved by the City Attorney. The Police Department shall conduct an investigation of the operator. The applications shall be substantially uniform and shall be signed under the penalty of perjury.

The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed massage establishment, if a sole proprietorship; one general partner, if the operator is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator is a joint venture. The application does not authorize operation of a massage establishment unless and until the business permit is issued.

The type of ownership of the business must be stated, i.e., whether by individual, partnership, corporation or otherwise, along with the true and legal name. The operator shall designate who is the responsible managing officer. Such designated persons shall complete and sign all application forms required under this chapter, but only one application fee shall be charged. A reproducible photo identification of the operator (i.e. California driver's license or I.D. card) shall accompany the application.

B. The application shall include, but not be limited to, the following information:

1. The operator's full name, including any aliases, nicknames, or prior names;

2. Complete residence, employment and permit history with other agencies, including permits issues, suspended, revoked, or denied;

3. Social security number and driver's license number and date of expiration; 272
33 4. A complete current list of the names and residence addresses of all proposed massage therapists and employees in the massage establishment and the name and residence addresses of the manager;

5. An agreement that the operator consents to inspections by the City's Building, Fire, and Police Departments and the County Health Department;

6. A description of any other business operated on the same premises, or within the City or the State which is owned or operated by the operator;

7. A copy of the operator's massage therapist certificate;

8. If the operator does not have a massage therapist certificate then such operator shall also provide:
a. A complete set of fingerprints taken by the Police Department; and b. Information relating to any convictions of any of the crimes listed in Section 5.56.050 of this code.

9. Authorization for the City, its agents and employees to seek verification of the information contained in the application; and

10. Such other identification and information as the Chief of Police may reasonably require to verify the information set forth in the application.

C. The application shall be dated and the operator shall certify under penalty of perjury that all information contained in the application is true and correct.

D. If, during the term of the business permit the operator has any change in the information submitted on the original or renewal application, the operator shall notify the Police Department in writing of such change within 10 business days thereof.

E. Written Exam. Prior to the issuance of an operator's permit and after submission of the application required by this chapter and upon renewal of any operator's permit, each operator and/or any manager of the massage establishment who is not a massage therapist, shall prior to assuming such duties, pass a written test administered by the City covering the provisions of this chapter. A score of 70% or better is required to pass. An operator or manager who fails to pass the test shall not be eligible to take the test until 30 days have passed since the prior examination and after failing a second time until six months have passed since the second examination. If the operator or manager requires the examination to be given in another language, then he or she must, at his or her cost, make arrangements with a court certified interpreter to interpret the exam. Proof of court certification must be provided to the Chief of Police prior to administration of the exam.

F. Verification of State-Issued Massage Certificate. Pursuant to the authority contained in Business and Professions Code Section 4620, the Police Department shall request the 273
34 Massage Therapy Council to verify the status of the certification of any massage therapist practicing in the City and request a copy of the background information received by the Massage Therapy Council from the Department of Justice pursuant to Business and Professions Code Section 4614 on any massage therapist practicing in the City.

5.56.050 – Massage Business Permit Issuance and Denial.

Upon receipt of a written application for a massage business permit, the Police Department shall conduct an investigation to ascertain whether the permit should be issued. The Chief of Police shall, within 60 days of the filing of an application, approve, conditionally approve or deny the application (30 days if all operators are massage therapists). The 60 or 30 day period may be extended for up to 15 additional days, if necessary to complete the investigation. The Chief of Police shall issue the massage business permit unless the Chief of Police makes any of the following findings:

1. The applicant has made a false, misleading or fraudulent statement of material fact to the City in the business permit application process.

2. The application does not contain all of the material information required.

3. The massage establishment does not comply with all applicable laws, including, but not limited to, health, building, zoning, fire and safety requirements and standards.

4. The applicant does not otherwise satisfy the requirements of this chapter.

5. If the applicant; any officers or directors of a corporate applicant; a partner, including limited partners of a partnership applicant; or any persons directly employed by the applicant; have within eight years preceding the date of application:
a. Been convicted of a violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, subsections (a) and (b) of Penal Code Section 647, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of CaliforniaPenal Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any other provision of law pursuant to which a person is required to register under the provisions ofPenal Code Section 290; b. Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058; c. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California; d. Been convicted of an act in another jurisdiction, which if committed in this State would constitute grounds for denial, suspension or revocation of the permit; 274
35 e. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator;
f. Been convicted of any misdemeanor or felony, either of which relates directly to the operation of a massage establishment;
g. Has had a massage business permit, business license or massage therapist certificate or other similar license or certificate denied, suspended or revoked for cause by a licensing authority or by any city, county or state.

6. Has not passed the written exam required by this chapter, if applicable.

7. The applicant has violated the provisions of Chapter 10.5 of the Business and Professions Code.

8. If the application is denied for failure to comply with subsections 1, 5 or 7 above, the operator may not reapply for a period of six months from the date the application was denied.

5.56.100 – Transfer, Duration and Renewal of Permits and Licenses.

A. No permit issued hereunder shall be transferable to any other person or establishment.

B. All massage business permits must be renewed annually. Applications to renew massage business permits containing the information required by this chapter for initial permits shall be filed with the Chief of Police before the expiration of the existing massage business permit. Such renewal applications must be filed no later than 60 days prior to the expiration of the permit to prevent a lapse of the permit.

C. A City-issued massage therapist permit may be renewed if the massage therapist provides written proof that he or she has taken and completed a total of 36 hours of continuing education with the permit period from an " approved massage school" as that term is defined in Business and Professions Code Section 4601(a). If a massage therapist has three or more sustained violations of this code during any permit period, the massage therapist must pass the written exam provided for in this chapter.

D. Each applicant for renewal shall file such information as may be required by the Chief of Police to update the information required for his or her original massage business permit application and shall pay the appropriate filing fee.

SECTION XXXII:

Section 5.59.030 of the Orange Municipal Code, “Business Taxes and Regulations – Processions – Procession Permit,” is hereby amended to read as follows:

5.59.030 – Procession Permit.
275
36 A. Upon application made to the Chief of Police of the City and a determination made by the Chief of Police that the procession as applied for in said application will not unduly disturb the convenience of the public, a permit to conduct such procession shall be granted.

B. In making the determination that the convenience of the public will not be unduly disturbed by a procession, the Chief of Police shall consider the following factors:

1. Time of the proposed procession;

2. Place of the proposed procession;

3. The manner in which the proposed procession is to be held;

4. Other proper uses of the streets, such as construction or maintenance or pedestrian traffic and construction or maintenance on the streets involved in the proposed procession route.

C. Every person, firm or corporation who files an application, as provided herein, shall pay to City a fee as set by City Council resolution, which shall be paid at the time the application is filed. This sum is for the purpose of paying for the cost of processing such application and is nonrefundable.

SECTION XXXIII:

Section 5.64.030 of the Orange Municipal Code, “Business Taxes and Regulations – Soliciting – Application for Permit,” is hereby amended to read as follows:

5.64.030 – Application for Permit.

An application shall contain the following information:

A. Whether the applicant is affiliated with or working for any other organization than the one for which this solicitation is intended;
B. Location of national, state and local headquarters, if any; C. The names and addresses of all persons directly interested in or who in any manner will be engaged in the work;
D. The exact purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise of any part thereof, are to be used, including the manner in which and the amount of any compensation intended to be paid to any person, firm, association or corporation out of such proceeds; E. The total amount which is sought to be raised;
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37 F. The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested;
G. What records of funds received will be kept and where. Where such records will be open to public;
H. Whether the uniform or identification worn or carried resembles that of any other group in this area conducting a similar type of activity;
I. Such other information in respect to the character and past and proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary to enable the Chief of Police to make a full and complete investigation.

SECTION XXXIV:

Sections 5.72.030 of the Orange Municipal Code, “Business Taxes and Regulations – Special Pageants – Permit – Application,” 5.72.050 of the Orange Municipal Code, “Business Taxes and Regulations – Special Pageants – Issuance or Denial of Permit,” and 5.72.060 of the Orange Municipal Code, “Business Taxes and Regulations – Special Pageants – Conduct of Operations,” are hereby amended to read as follows:

5.72.030 – Permit – Application.

Application for permits to conduct special pageants shall be in writing and shall be filed with the City Manager not less than 14 days prior to the opening date of such pageant. In addition to the information in Section 5.32.010, an application shall contain the following information:

A. The name and address of the sponsoring business or organization; B. The exact location where the event is to be staged;
C. The name and address of any operator or operators of rides, games, or amusement devices to be conducted on the City-owned property;
D. A list of communities in California where the operators of such rides, games, and amusement devices have previously conducted such operations; E. The number and types of rides, games, shows, displays, and other individual concessions comprising the event, including any and all food stands and food vehicles to be used; F. The number of persons who will be engaged in conducting the event; G. A statement that the applicant nonprofit organization will operate and manage the special pageant and a copy of any agreements designed to ensure such control; H. A plot plan showing the entire property in addition to that portion of the property proposed to be used to store equipment and to conduct the special pageant, including an exact 277
38 description and plot plan describing the total extent of any off-street parking area which would be occupied for the purpose of conducting the special pageant and storing the equipment incident thereto;
I. Such other information as shall be required by the City Manager.

5.72.050 – Issuance or Denial of Permit.

If the City Manager determines, after the investigation, that all applicable provisions of the law and of the Orange Municipal Code, including all relevant provisions of Sections 5.72.030 et seq. are, or will be, complied with, he or she shall issue a permit; otherwise, the application shall be denied.

5.72.060 – Conduct of Operations.

The following regulations shall govern the operation of any special pageant for which a permit has been issued by the City Manager, and violation of any such regulation shall be grounds for immediate revocation of such permit:

A. No wild or ferocious animals shall be displayed.

B. All local and State laws and regulations shall be observed.

C. Before erecting any structures, application must be made to the Chief Building Inspector. All applicable building and electrical regulations must be observed. Permits issued by the Cal/OSHA, Division of Occupational Safety and Health, must be furnished to the Chief Building Inspector before the operation of any ride. No rides, amusement devices or concessions shall be put into operation until inspected and approved by the Chief Building Inspector; provided, however, that no such inspection or approval by the City shall be construed as a representation by the City, or any employee thereof, that any such ride, amusement device, or concession is structurally or operationally safe. Each ride shall have a sign, displayed at the entrance to the ride and visible to all patrons, containing the message that any person using the equipment does so at his or her own risk.

D. No game shall be permitted to be conducted at a special pageant until inspected and approved by the Police Chief. No game shall be approved which violates any laws of the State or any other provisions of the Orange Municipal Code. No game shall be approved in which it is impossible, due to the game equipment, for the participant to win by the use of skill.

E. Any and all facilities for the dispensing of food and beverages shall be inspected by the Orange County Health Department to insure compliance with all applicable food handling regulations.

F. No trailers, tents or other temporary living quarters will be allowed on the premises where the special pageant is to be conducted except upon approval of the City Council based on a finding that no hazard to public health or safety will result from such approval. 278
39 G. The conduct of the special pageant shall be confined to the hours of 9:00 a.m. to 10:00 p.m. unless the City Manager has established different hours of operation.

H. The special pageant shall not be operated for any period longer than seven days from the permitted opening date as specified in the permit.

I. All persons or entities granted a permit shall be required to post a cash deposit not to exceed $1,000.00 to ensure that the premises used for the pageant shall be left in a clean and orderly condition at the conclusion of the pageant.

SECTION XXXV:

Section 5.72.070 of the Orange Municipal Code, “Business Taxes and Regulations – Special Pageants – Liability and Property Damage Insurance,” is hereby deleted in its entirety.

SECTION XXXVI:

Section 5.72.075 of the Orange Municipal Code, “Business Taxes and Regulations – Special Pageants – Prohibited Acts,” is hereby amended to read as follows:

5.72.075 – Prohibited Acts.

A. It shall be unlawful, within the limits of any special pageant for any person to do any of the following:

1. To allow any animal (except for a service animal used by an individual with a disability) or fowl of any kind to be at the special pageant, provided, however, the City Council may grant permission to any such person to conduct animal shows, rides or carnivals having animals, under such conditions as the council may determine; such conditions shall be for the purpose of protecting the special pageant against damage, and to assure cleanliness, to protect the City against liability for injuries to persons and damages to property, and for the preservation of the public health and safety;

2. Ride or drive any horse or other animal; or propel any vehicle or automobile except in designated areas; or ride, drive, propel, or self-propel a skateboard, scooter (except for an individual with a disability), wagon, bicycle, tricycle or similarly wheeled device;

3. Carry any knives, firearms, fireworks, airgun or slingshot;

4. Cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other structure, apparatus or property; or pluck, pull up, cut, take or remove any shrub, bush, plant, or flower; or mark or write upon, paint, or deface in any manner any building, monument, fence, bench or other structure;

5. Wash dishes or empty salt water or other waste liquids elsewhere than in the sinks provided for such purposes;
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40 6. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor;

7. Indulge in riotous, boisterous, threatening, or indecent conduct;

8. Distribute any handbills or circular, or post, place or erect any bills, notice, paper, or advertising device or matter of any kind, except at booths authorized by the City;

9. Sell or offer for sale any merchandise, article or thing whatsoever except at booths authorized by the City;

10. Practice, carry on, conduct or solicit for any trade, occupation, business or profession or circulate any petition of whatsoever kind or character without permission of the Council, except at booths authorized by the City;

11. Remain, stay or loiter in any special pageant between the hours of 11:00 p.m. and 7:00 a.m. unless authorized by the City;

12. Participate in, aid, or organize any assembly, exhibition, festival, musical program, parade, rally, show, or make any speeches, unless a permit has been obtained from the City Council or City Manager and unless such permit is in the possession of the person in charge of such activity;

13. Parking, leaving or standing, or causing to be parked or causing to be left standing any vehicle whatsoever any place in the special pageant designated and marked by the Chief of Police as places where parking is prohibited.

SECTION XXXVII:

Sections 5.76.020 of the Orange Municipal Code, “Business Taxes and Regulations – Tow Trucks – Permit – Required” and 5.76.030 of the Orange Municipal Code, “Business Taxes and Regulations – Tow Trucks – Permit – Application,” are hereby amended to read as follows:

5.76.020 – Permit – Required.

A. No person shall operate any tow truck business within the City or serve as a tow truck driver without obtaining a proper permit therefor, as provided in this chapter.

B. Every driver's permit issued under this chapter shall set forth the following information:

1. Name of company for whom the driver is authorized to operate a tow truck;

2. Name, photo, driver's license number, and date of birth of the applicant;

3. Date of expiration of the permit.

C. The driver shall wear the permit in plain view during all service calls within the City limits of the City of Orange.
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41 5.76.030 – Permit – Application.

Application for such tow truck driver's permit shall be made to the Business Services Coordinator, who shall refer the same to the Chief of Police for investigation of applicant. In addition to the information in Section 5.32.010, the application shall contain the following information:

A. Past experience as a driver;
B. Whether any tow truck driver's license has ever been revoked or suspended; C. Name and address of applicant's intended employer.

SECTION XXXVIII:

Section 5.80.010 of the Orange Municipal Code, “Business Taxes and Regulations – Vending Machines – Definitions,” is hereby amended to read as follows:

5.80.010 – Definitions.

For the purpose of this chapter, the following terms shall have the meanings here given to them:
"Vending machine" means a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for the sale of goods or merchandise, or service. As defined, this term does not mean vending machines dispensing food or beverages, which are regulated by Section 5.46. "Vending machine business" means and includes the operation of one or more vending machines.

SECTION XXXIX:

Section 5.82.010 of the Orange Municipal Code, “Business Taxes and Regulations – Wiping Rag Business – Definitions,” is hereby amended to read as follows:

5.82.010 – Definitions.

For the purpose of the provisions regulating wiping rag businesses hereinafter set forth, the following words and phrases shall be construed to have the meaning set forth in this section unless it is apparent from context that a different meaning is intended:
"Health Officer" means the Orange County Health Officer. "Wiping rags" means cloths and rags, other than reusable rental cloths or towels, used for any or all of the following purposes:
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42 1. Wiping and cleaning the surfaces of machinery, machine tools, locomotives, engines, motor cars, automobiles, cars, carriages, windows, furniture, and surfaces of articles, appliances, and engines in factories, shops, steamships, and steamboats;

2. Generally for cleaning in industrial employment;

3. Used by mechanics and workmen for wiping from their hands and bodies soil incident to their employment.

SECTION XL:

Section 5.86.010 of the Orange Municipal Code, “Business Taxes and Regulations – Sexually Oriented/Adult Businesses – Enforcement, Modification, and Revocation,” is hereby amended to read as follows:

5.86.130 – Enforcement, Modification, and Revocation.

The permit holder shall allow officers of the City of Orange and their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented/adult business for the purpose of ensuring compliance with the law at any time the sexually oriented/adult business is open for business or is occupied. The Business Services Coordinator shall revoke a sexually oriented/adult business permit when:

A. Any of the applicable requirements contained in Section 5.86.080 ceases to be satisfied.

B. The application is discovered to contain incorrect, false or misleading information.

C. The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot on which the sexually oriented/adult business is located which offense is classified by the State as an offense involving a sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266K inclusive, 267, 286, 286.5, 287, 288, 311 through 311.11 inclusive, 314, 315, 316 or 647.

D. If, on two or more occasions within a 12 month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth above as a result of such person's activity on the premises or property on which the sexually oriented/adult business is located, and the person(s) were employees, contractors, or agents of the sexually oriented/adult business at the time the offense(s) was/were committed.

E. If the permit holder or an employee has permitted or allowed prostitution or any criminal conduct on the premises.

F. The sexually oriented/adult business has been operated in violation of any of the requirements of this chapter, any permit issued to the business, or any of the provisions of 282
43 Section 5.86.080 which, by way of subsection W thereof, are deemed to be conditions of permit approval.

SECTION XLI:

Section 5.89 of the Orange Municipal Code, “Business Taxes and Regulations – Medical Cannabis Business,” is hereby amended to read as follows:

5.89 – CANNABIS BUSINESSES

5.89.010 – Definitions.

A. The definitions in Business and Professions Code Section 26001 and Health and Safety Code Section 11362.7, as they may be amended from time to time, apply to this chapter and are incorporated by reference.

B. The term "cannabis" includes "marijuana."

5.89.020 – Prohibitions.

A. Commercial cannabis activity of all types is prohibited. No person shall establish, operate, conduct, or engage in commercial cannabis activity in the City.

B. Cultivation of cannabis is prohibited. No person, including a qualified patient or primary caregiver, shall cultivate cannabis in the City.

C. Delivery of cannabis or from any location in the City is prohibited. No person shall conduct any delivery of cannabis that originates in the City and no person shall own, manage, or operate a cannabis delivery service or business in the City. No person shall lease or offer to lease any facility or location in support of a cannabis delivery service.

D. Dispensing cannabis is prohibited. No person shall dispense cannabis in the City.

E. Cannabis dispensaries are prohibited. No person shall own, manage, operate, or work in, whether as an employee, volunteer, or independent contractor, a cannabis dispensary in the City. No person shall lease or offer to lease any facility or location for use as a cannabis dispensary.

5.89.030 – Public Nuisance.

Any violation of this chapter shall constitute a public nuisance and may be abated as provided in Chapter 1.08 of this code and/or under state law.

5.89.040 – Penalty.

Any person who violates this section shall be guilty of a misdemeanor and fined up to $1,000.00 and/or be imprisoned in Orange County Jail for a period of up to six months. 283
44 SECTION XLII:

Section 5.91.010 of the Orange Municipal Code, “Business Taxes and Regulations – Mobile Needle Exchange Program – Definitions,” is hereby amended to read as follows:

5.91.010 – Definitions.
"Mobile needle exchange program" means a needle exchange program, as defined herein, that is capable of moving or being moved about readily, having no fixed or permanent location. "Needle exchange program" means a program as described and defined in California Health and Safety Code Section 121349 et seq., as amended from time to time, which statutes shall apply to this chapter and are incorporated herein by reference.

SECTION XLIII:

Section 5.92.010 of the Orange Municipal Code, “Business Taxes and Regulations – Newsracks on Public Property – Definitions,” is hereby amended to read as follows:

5.92.010 – Definitions.
"Curb return" means that portion of a sidewalk at a street corner bounded by the street curb, the street right-of-way line (the property line), and the radial lines at the beginning and the end of the arc formed by the street curb.
"Custodian" means any person or persons who have the responsibility of placing, servicing or maintaining a publication vending machine by depositing or removing material from the machine or by collecting money from the machine.
"Display window" means any window located or utilized so as to exhibit or make a presentation of merchandise or any window located or utilized so as to give evidence to the general public of commercial advertisements.
"Improved area" means any area which has been improved with real or artificial lawn, flowers, shrubs, trees, plants, rocks, bark, textured concrete or other materials designed to upgrade the property.
"Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, distribution, or sale of any written or printed material, including but not limited to, brochures, newspapers and news periodicals. "Person" means any individual, partnership, firm, association, corporation or other legal entity. "Pictorial material" means any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing. 284
45 "Public right-of-way" includes, but is not limited to the following: streets, roadways, parkways and sidewalks, as these terms are hereinafter defined:

A. "Street" means all that area dedicated to public use for public street purposes and includes, but is not limited to roadways, parkways, alleys and sidewalks.

B. "Roadway" means that portion of a street which is improved, designed, or ordinarily used for vehicular travel.

C. "Parkway" means that area between the sidewalk and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area within a roadway which is not open to vehicular travel.

SECTION XLIV:

Sections 5.95.030 of the Orange Municipal Code, “Business Taxes and Regulations – Bingo – Organizations Eligible for Permit to Conduct Bingo Games,” 5.95.040 of the Orange Municipal Code, “Business Taxes and Regulations – Bingo – Permit – Application,” 5.95.150 of the Orange Municipal Code, “Business Taxes and Regulations – Bingo – Receipt of Profit by a Person – A Misdemeanor Under State Law,” 5.95.170 of the Orange Municipal Code, “Business Taxes and Regulations – Bingo – Days and Hours of Operation,” 5.95.250 of the Orange Municipal Code, “Business Taxes and Regulations – Bingo – Profits to Be Kept in Separate Fund or Account,” and 5.95.350 of the Orange Municipal Code, “Business Taxes and Regulations – Bingo – Special Provisions for Limited Bingo Permittees,” are hereby amended to read as follows:

5.95.030 – Organizations Eligible for Permit to Conduct Bingo Games.

Only a corporation, organization, group, community chest or trust which is exempted from the payment of the bank and corporation tax by Section 23701 of the Revenue and Taxation Code, any mobile home park association, or any senior citizens organization shall be eligible to apply to the City for a license to conduct bingo games in the City of Orange under the provisions of this chapter and Section 326.5 of thePenal Code. Any such permittee must conduct a bingo game only on property owned or leased by it or on property whose use is donated to the permittee within the City of Orange and which property has been used by the permittee as an office or for the performance of the purposes for which the applicant is organized for at least 24 consecutive months immediately preceding the filing of such application. Notwithstanding the foregoing, if the facility at which the bingo games are proposed to be conducted is newly constructed or is part of a larger development complex which is newly constructed and has not been in existence for the past 24 months, the City Council may exempt such applicant from the latter requirement.

5.95.040 – Permit – Application.

Eligible organizations desiring to obtain such a permit to conduct bingo games in the City shall complete an application on forms furnished by the Business Services Coordinator which will satisfy the requirements of Section 5.32.010 of this code. The completed application shall be filed with the Business Services Coordinator.
285
46 A. The applicant shall also submit with its application, a certificate or determination of exemption, and a letter of good standing from the Exempt Organization Unit in Sacramento, showing exemption from the payment of the bank and corporation tax under Section 23701 of the Revenue and Taxation Code of the State of California, and a description of the charitable purposes for which all profits will be used.

B. Each new application and annual renewal shall be accompanied by an annual permit fee as set forth by resolution of the City Council, one-half of which shall be refunded to the applicant if the permit is denied.

C. Concurrent with the filing of the completed application with the Business Services Coordinator, the applicant shall file a statement specifying the names and addresses of two persons who shall be authorized to manage, supervise and be responsible for the conduct of all bingo games by the applicant. One person shall be designated the bingo manager and the other person, the alternate bingo manager. Either the bingo manager or the alternate bingo manager shall be on the premises at all times during which bingo games are being conducted.

The persons designated as bingo manager and alternate bingo manager shall furnish signed statements accepting their responsibilities. In the event any other person is designated bingo manager or alternate bingo manager, the permittee shall file a new statement and pay the fee specified in this section.

5.95.150 – Receipt of Profit by a Person – A Misdemeanor Under State Law.

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive or pay a profit, wage or salary, except security personnel, from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the City of Orange. A violation of any other provisions of this chapter shall be a misdemeanor.

5.95.170 – Days and Hours of Operation.

A permittee may conduct bingo games on not more than two days during any seven-day period for a maximum of six hours per day. This limitation shall not preclude a permittee from conducting bingo games on two or more days during said seven-day period at any other location or locations within the County of Orange pursuant to any other permits or licenses issued by any other city in Orange County, or by the County of Orange. A permittee may not conduct bingo games between the hours of 12:00 midnight and 10:00 a.m. of any day.

5.95.250 – Profits to Be Kept in Separate Fund or Account.

A. All profits derived from any bingo game by any organization exempt from payment of the bank and corporation tax by Section 23701of the Revenue and Taxation Code shall be kept in a special fund or account and shall not be commingled with, or transferred to, any other fund or account of said licensee organization. Such profits shall be used only for charitable purposes.
286
47 B. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with, or transferred to, any other fund or account of said licensee organization. Proceeds are the receipts of bingo games conducted by organizations not within subsection A above. Such proceeds shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes;

2. A portion of such proceeds not to exceed 20% of the proceeds before the deduction of prizes, or $2,000.00 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel;

3. Such proceeds may be used to pay license fees.

5.95.350 – Special Provisions for Limited Bingo Permittees.

A. Organizations to Which Special Provisions Applicable. The special provisions of this section shall apply to those organizations which satisfy all of the following requirements:

1. The organization is a mobile home park association, a senior citizens' group, or a similar type of organization as determined by the Chief of Police.

2. The organization has a permanent, safe, and suitable place in which to conduct a bingo games operation.

3. The organization accepts limitations on the number of bingo players, the charge for bingo cards, and the amount of prize money which can be offered.

B. Limited Bingo Permittee and Applicability of Other Provisions of Chapter 5.95. An organization which submits an application, pays required fees, and receives a permit, is hereinafter referred to as a "Limited Bingo Permittee" and shall be subject to all of the provisions of Chapter 5.95, except as may be specifically provided herein in Sections 5.95.350(C) through 5.95.350(K).

C. Limited Bingo Permit Applications.

1. The provisions of Section 5.95.040 notwithstanding, an organization desiring to obtain a permit to conduct bingo games on a limited basis in the City shall complete an application on forms furnished by the Business Services Coordinator which shall satisfy the requirements of Section 5.32.010 of this code. The completed application shall be filed with the Business Services Coordinator.

2. Concurrent with the filing of the completed application with the Business Services Coordinator, the applicant shall file a statement stating the name and address of the person who shall be authorized to manage, supervise, and be responsible for the conduct 287
48 of all bingo games by the applicant; that person shall be designated the bingo manager.

The bingo manager shall be on the premises at all times during which bingo games are being conducted. The person designated as bingo manager shall furnish a signed statement accepting his responsibilities. The applicant shall pay, or cause to be paid, a fee in such an amount as is established from time to time by resolution of the City Council for each background investigation of a bingo manager or alternate bingo manager. In the event any other person is later designated bingo manager, the permittee shall file a new statement and pay the fee specified in this section. To insure that the bingo game operation will continue in the absence of the bingo manager, an alternate bingo manager may be designated to serve when the bingo manager is not present. The requirements for the alternate bingo manager shall be the same as for the bingo manager, including, but not limited to, filing of statement and paying the fee in such an amount as is established by resolution of the City Council for a background investigation.

D. Monthly and Quarterly Reports.

1. A limited bingo permittee shall submit the monthly report of receipts and expenditures and the quarterly financial report in the same manner as other permittees are required to do in accordance with Sections 5.95.110 and 5.95.120. However, if a limited bingo permittee follows a procedure that insures that all bingo game receipts are expended as prize money on the same day, the reports shall not be required.

2. The monthly report of receipts and expenditures and the quarterly financial report are concerned only with receipts and expenditures directly associated with the bingo game operations. Receipts and expenditures relating to the sale of food, beverages, and merchandise sold during bingo game operations are not included in such reports.

E. Exclusive Operation of Limited Bingo Permittee. A limited bingo permittee shall comply with the provisions of Section 5.95.140(A). However, a limited bingo permittee shall have an additional means of satisfying the requirement of Section 5.95.140(B) to set forth the manner in which a person may become a member of the organization. A limited bingo permittee may cause a memorandum to be prepared stating the qualifications for membership; maintaining the memorandum in a safe place; and producing that memorandum when requested to do so by an authorized representative of the City of Orange.

F. Bingo Games Open to Public. California Penal Code Section 326.5(g) requires that all bingo game operations shall be open to the public, not restricted to members of the organization.

Any person shall be allowed to participate in a bingo game subject to the requirements and restrictions of this chapter. There is no requirement that the bingo game operation be advertised or given publicity.

G. Attendance Limited. A limited bingo permittee shall comply with the provisions of Section 5.95.200, subject to an additional restriction that no more than 35 players shall participate in any bingo game.

H. Proceeds to Be Kept Separate. A limited bingo permittee has the choice of accumulating proceeds from bingo game operations or following a procedure which insures that all bingo 288
49 receipts taken in one day are expended as prize money that same day. If a limited bingo permittee chooses to accumulate proceeds the provisions of Section 5.95.250(B) shall apply.

If the limited bingo permittee chooses to expend all receipts the same day as prize money, then Section 5.95.250(B) shall not apply.

I. Maximum Charge for Bingo Card. A limited bingo permittee shall not charge a player more than $0.50 for a bingo card.

J. Maximum Amount of Prizes. The provisions of Section 5.95.280 notwithstanding, the total value of prizes awarded during the conduct of any bingo game shall not exceed $10.00 for each separate game which is held.

K. No Conditional Use Permit Required. The provisions of Section 17.10.030 notwithstanding, a limited bingo permittee shall not be required to obtain a conditional use permit.

L. Days and Hours of Operation. The provisions of Section 5.90.170 notwithstanding, a limited bingo permittee which follows a procedure that insures that all bingo receipts are expended as prize money the same day may conduct bingo game operations on not more than two days during any seven day period for a maximum of six hours each day. A limited bingo permittee shall not conduct bingo game operations between the hours of 12:00 midnight and 10:00 a.m. of any day.

SECTION XLV:

Sections 5.98.010 of the Orange Municipal Code, “Business Taxes and Regulations – Amusement Activities – Definition of Amusement Activities” and 5.98.060 of the Orange Municipal Code, “Business Taxes and Regulations – Amusement Activities – Hours of Operation,” are hereby amended to read as follows:

5.98.010 – Definition of Amusement Activities.

For any purpose of this chapter, an amusement activity shall be any ride or conveyance employed wholly for entertainment or amusement, limited to any activity on private property, and excluding private or public transportation over public streets. These activities shall include:
waterslides, go-carts, Ferris wheels, pony rides, and others of similar nature. The regulations shall apply to all areas where any of these activities are conducted on a permanent basis and, therefore, not covered by Chapter 17.46 of the Orange Municipal Code.

5.98.060 – Hours of Operation.

No amusement activity regulated by this chapter shall operate between 10:00 p.m. and 8:00 a.m. of the following morning, unless a conditional use permit, which has been issued pursuant to Chapter 17.10 of the Orange Municipal Code, provides for other hours of operation.

SECTION XLVI:

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 289
50 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 XLVII:

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 , 2024.

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

Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

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 23rd day of April, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2024 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
290
Agenda Item
City Council
Item #: 3.11. 5/14/2024 File #: 24-0160
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of Winchester law enforcement ammunition from Dooley Enterprises, Inc. as a sole source vendor.

2. SUMMARY
The Police Department purchases Winchester law enforcement ammunition to supply officers with ammunition for department-issued firearms. This purchase allows for the continuation of ammunition supplies for Fiscal Year 2024-2025.

3. RECOMMENDED ACTION
Approve the sole source purchase of ammunition from Dooley Enterprises, Inc. for $153,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $153,000 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through General Fund (100).

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

6. DISCUSSION AND BACKGROUND
The Police Department currently uses Winchester law enforcement ammunition for duty firearms and weapons training requirements in compliance with the Commission on Peace Officer Standards and Training (POST) and department policy. Staff has researched available competitive options and certifies the required ammunition is distributed by only one vendor. Dooley Enterprises, Inc. (Dooley’s) of Anaheim, California, is the only authorized California distributor for this brand. The proximity of Dooley’swith the department allows for purchases in small quantities and allows for product pick-up on an as-need basis. The Council has previously authorized Dooley’s as a sole source vendor and this sole source specification is a continuation of that policy.

The Police Department is requesting the continuation of Winchester law enforcement ammunition supplies from sole source vendor, Dooley’s, for a total amount of $153,000.

7. ATTACHMENTS
City of Orange Printed on 5/9/2024Page 1 of 2
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291
Item #: 3.11. 5/14/2024 File #: 24-0160
· None
City of Orange Printed on 5/9/2024Page 2 of 2
powered by Legistar™
292
Agenda Item
City Council
Item #: 3.11. 5/14/2024 File #: 24-0160
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of Winchester law enforcement ammunition from Dooley Enterprises, Inc. as a sole source vendor.

3. RECOMMENDED ACTION
Approve the sole source purchase of ammunition from Dooley Enterprises, Inc. for $153,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $153,000 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through General Fund (100).

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

The Police Department is requesting the continuation of Winchester law enforcement ammunition supplies from sole source vendor, Dooley’s, for a total amount of $153,000.

7. ATTACHMENTS
City of Orange Printed on 5/9/2024Page 1 of 2
powered by Legistar™
293
Item #: 3.11. 5/14/2024 File #: 24-0160
· None
City of Orange Printed on 5/9/2024Page 2 of 2
powered by Legistar™
294
Agenda Item
City Council
Item #: 3.12. 5/14/2024 File #: 24-0299
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize purchase of audio-visual equipment from Western Audio Visual as a single source vendor.

2. SUMMARY
Various audio-visual equipment in the Council Chamber is recommended for replacement and improvement. The speakers in the Chamber are failing and the projector is aged with both being recommended for replacement. A camera addition is recommended to address a production deficiency.

3. RECOMMENDED ACTION
Approve the purchase of audio-visual equipment from Western Audio Visual for a total amount of $42,749.58.

4. FISCAL IMPACT
The expense for this purchase is $42,749.58 and will be funded through the Computer Replacement Fund (790):
790.1601.56033.20516 Video Production Refresh

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

6. DISCUSSION AND BACKGROUND
The City possesses three separate audio visual systems rebuilt between 2015 and 2017 and includes the Council Chamber audio visual system, the broadcast production system, and the City’s broadcast channel playback system. Beginning in Fiscal Year 2023-2024 (FY24), a five-year replacement schedule was instituted with annual upgrades to target the most vulnerable and critical systems through an annual assessment and evaluation of the conditions to determine the overall health of the equipment and avoid catastrophic failures. Replacing equipment before its mean time before failure (MTBF) is a strategic decision typically evaluating risk, costs, and operational efficiency.

Replacing equipment proactively ensures continuous operations and minimizes disruptions. During FY24, failures have occurred with a broadcast switcher and video production switcher. These were replaced rapidly with minimal disruptions. These incidents underscore the importance of the strategic City of Orange Printed on 5/9/2024Page 1 of 2
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295
Item #: 3.12. 5/14/2024 File #: 24-0299
annual replacement of equipment.

This purchase addresses the balance of the intentions for this year’sreplacements. Specifically, the Council Chamber speakers and projector will be replaced. The addition of a fifth camera is recommended. The front, right speaker is already indicating signs of failure. Given the age of the speakers, a complete speaker system replacement is recommended. The projector is more than five years old and considering the number of hours it has been in use it is recommended for replacement.

The new projector will also have improved brightness. The addition of a fifth camera addresses an operational deficiency. The current camera configuration in the Council Chamber has only one camera in the back. That one back camera does double duty to capture up close shots for whomever is speaking in a given moment and also provides for a wide shot. An additional camera will provide for better video production while transitioning from a wide shot to a close up of the speaker.

Replacement items Costs
Projector 19,415.03
Camera 15,754.57
Speakers 7,579.98
Total $42,749.58
Western Audio Visual installed the audio-visual equipment in the Council Chamber and is the incumbent service provider familiar with the existing equipment and most capable to make these replacements and modifications. Staff recommends approval of the purchase with Western Audio Visual as a single source provider.

7. ATTACHMENTS
· Western Audio Visual quote for speaker replacement
· Western Audio Visual quote projector replacement
· Western Audio Visual quote for camera addition
City of Orange Printed on 5/9/2024Page 2 of 2
powered by Legistar™
296
Agenda Item
City Council
Item #: 3.12. 5/14/2024 File #: 24-0299
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Authorize purchase of audio-visual equipment from Western Audio Visual as a single source vendor.

3. RECOMMENDED ACTION
Approve the purchase of audio-visual equipment from Western Audio Visual for a total amount of $42,749.58.

4. FISCAL IMPACT
The expense for this purchase is $42,749.58 and will be funded through the Computer Replacement Fund (790):
790.1601.56033.20516 Video Production Refresh

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

Replacing equipment proactively ensures continuous operations and minimizes disruptions. During FY24, failures have occurred with a broadcast switcher and video production switcher. These were replaced rapidly with minimal disruptions. These incidents underscore the importance of the strategic City of Orange Printed on 5/9/2024Page 1 of 2
powered by Legistar™
297
Item #: 3.12. 5/14/2024 File #: 24-0299
annual replacement of equipment.

COMPANY: DATE: April 15, 2024
ATTENTION: TERMS: NET 30
ADDRESS: FOB: Destination
SALES TAX: 7.7500%
DELIVERY: TBD
TELEPHONE: 30 Days
FAX PHONE: - REVISION: 1
E-MAIL: [email protected] WAV PROJECT #: TBD
Council Chambers - Speakers
Item Qty Manufacturer Model Description PRICE EXTENSION 2 JBL AC26 Ultra Compact 2-way Loudspeaker System with 2- 6.5" LF, 300W $ 1,005.00 $ 2,010.00 2 JBL MTU-26 U Mounting Bracket $ 97.00 $ 194.00 1 Crown NCDI2000 2-Channel Audio Amplifier, 475W @ 8 Ohm $ 1,210.00 $ 1,210.00 1 Western AV Misc Hardware, Wire/Cable & Connectors $ 188.00 $ 188.00 $ - $ - $ - $ - $ - $ - 3,602.00$
SHIPPING AND HANDLING 88.00$
285.98$
Engineering & Drafting -$
DSP/Control Programming -$
Project Management 184.00$
Staging & Assembly -$
Installation & Testing 3,360.00$
Training -$
Preveantive Maintenance Visits -$
Sub-Contract -$
Insurance & Admin 60.00$
3,604.00$
PROPOSAL TOTAL 7,579.98$
Basic Warranty:

Notes:

AUTHORIZED SIGNATURE DATE
The AV System is warranted against all defects of material and workmanship, as a system, as well as individual components, -
Phone: (714) 637-4461
Fax: (714) 637-7330
300 East Chapman Avenue
Kevin Mahkorn
1592 N. Batavia St., Suite #2
Orange, CA 92867
Mike Dering

NON-EQUIPMENT TOTALS
City of Orange

EQUIPMENT

EQUIPMENT SUB-TOTAL
TAX

NON-EQUIPMENT
for a period of 90 Days after date of acceptance or first used. If individual manufacturers warranty their equipment for a longer period, the manufacturer's warranty will apply, unless Extended Warranty is purchased.

Orange, CA 92866
QUOTE VALID: 714-744-2285
Client Proposal Confidential Page 1 299
[email protected]
www.wav1.com
Prepared for:

COMPANY: DATE: April 15, 2024
ATTENTION: TERMS: NET 30
ADDRESS: FOB: Destination
SALES TAX: 7.7500%
DELIVERY: TBD
TELEPHONE: 30 Days
FAX PHONE: - REVISION: 1
E-MAIL: [email protected] WAV PROJECT #: TBD
Council Chambers - Projector
Item Qty Manufacturer Model Description PRICE EXTENSION 1 Epson EB-PU2113W 1920x1200 3LCD, 13,000 lumens, Large Venue Laser Projector - White $ 14,832.00 $ 14,832.00 1 Epson ELPLM11 Middle Zoom Lens #4, 3.42 to 5.23 throw ratio $ 1,695.00 $ 1,695.00 1 Premier Mounts FTPW Fine Tune Projector Mount - White $ 211.00 $ 211.00 1 Western AV Misc Hardware, Wire/Cable & Connectors $ 25.00 $ 25.00 $ - $ - $ - $ - $ - $ - 16,763.00$
SHIPPING AND HANDLING 82.50$
1,305.53$
Engineering & Drafting -$
DSP/Control Programming 600.00$
Project Management 184.00$
Staging & Assembly -$
Installation & Testing 420.00$
Training -$
Preveantive Maintenance Visits -$
Sub-Contract -$
Insurance & Admin 60.00$
1,264.00$
PROPOSAL TOTAL 19,415.03$
Basic Warranty:

Notes:

NON-EQUIPMENT TOTALS
City of Orange

EQUIPMENT

EQUIPMENT SUB-TOTAL
TAX

Orange, CA 92866
QUOTE VALID: 714-744-2285
Client Proposal Confidential Page 1 300
[email protected]
www.wav1.com
Prepared for:

COMPANY: DATE: April 15, 2024
ATTENTION: TERMS: NET 30
ADDRESS: FOB: Destination
SALES TAX: 7.7500%
DELIVERY: TBD
TELEPHONE: 30 Days
FAX PHONE: - REVISION: 1
E-MAIL: [email protected] WAV PROJECT #: TBD
Council Chambers - Camera
Item Qty Manufacturer Model Description PRICE EXTENSION 1 Panasonic AW-HE145KPJ HD / 60P Integrated PTZ w/ 20x Zoom - Black $ 10,519.00 $ 10,519.00 1 Panasonic FEC-150GMK Camera Wall Mount - Black $ 1,695.00 $ 1,695.00 1 Western AV Misc Hardware, Wire/Cable & Connectors $ 188.00 $ 188.00 $ - $ - $ - $ - $ - $ - 12,402.00$
SHIPPING AND HANDLING 44.00$
964.57$
Engineering & Drafting -$
DSP/Control Programming -$
Project Management 184.00$
Staging & Assembly -$
Installation & Testing 2,100.00$
Training -$
Preveantive Maintenance Visits -$
Sub-Contract -$
Insurance & Admin 60.00$
2,344.00$
PROPOSAL TOTAL 15,754.57$
Basic Warranty:

Notes:

AUTHORIZED SIGNATURE DATE

NON-EQUIPMENT TOTALS
City of Orange

EQUIPMENT

EQUIPMENT SUB-TOTAL
TAX

Orange, CA 92866
QUOTE VALID: 714-744-2285
300 East Chapman Avenue
Kevin Mahkorn
1592 N. Batavia St., Suite #2
Orange, CA 92867
Mike Dering
The AV System is warranted against all defects of material and workmanship, as a system, as well as individual components, -
Phone: (714) 637-4461
Fax: (714) 637-7330
Client Proposal Confidential Page 1 301
Agenda Item
City Council
Item #: 3.13. 5/14/2024 File #: 24-0233
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Accept the annual Assembly Bill No. 481 Military Equipment Report, review and affirm Ordinance No. 03-22, and adopt the newly revised Military Equipment policy for the acquisition and use of military equipment by the Orange Police Department.

2. SUMMARY
Assembly Bill No. 481 requires all law enforcement agencies to prepare an annual Military Equipment Report following the adoption of a policy for the acquisition and use of military equipment. This annual report, Ordinance No. 03-22, and policy revisions are being submitted for consideration and acceptance.

3. RECOMMENDED ACTION
Consider and accept the annual Military Equipment Report, review, and affirm Ordinance No. 03-22, implement policy revision recommendations, and adopt the newly revised policy in accordance with Government Code § 7071.

4. FISCAL IMPACT
None

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

6. DISCUSSION AND BACKGROUND
In June 2022, the City Council approved Ordinance No. 03-22, adopting a policy for the acquisition and use of military equipment by the Orange Police Department. Pursuant to Assembly Bill No. 481 (AB 481), codified as Government Code sections § 7070 through § 7075, the bill also requires submittal of an annual Military Equipment Report (annual report) detailing the following:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment City of Orange Printed on 5/9/2024Page 1 of 2
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use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Staff has reviewed and revised its military equipment use policy and created an annual report pursuant to the requirements of AB 481.

Staff recommends accepting the annual report and determine each type of equipment in the annual report has complied with the standards for approval set forth in Government Code section 7071(d).

Additionally, staff recommends Council review and affirm Ordinance 03-22. Finally, staff recommends Council implement the policy revision recommendations and adopt the newly revised policy. Once documents are reviewed and renewed, they will be made available on the Orange Police Department’s public website and followed by a community engagement meeting.

7. ATTACHMENTS
· Ordinance No. 03-22
· Orange Police Department Policy 706, Updated 4-2024
· 2024 Annual Military Equipment Report
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Agenda Item
City Council
Item #: 3.13. 5/14/2024 File #: 24-0233
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

4. FISCAL IMPACT
None

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

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment City of Orange Printed on 5/9/2024Page 1 of 2
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use policy, and any actions taken in response.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Staff has reviewed and revised its military equipment use policy and created an annual report pursuant to the requirements of AB 481.

Staff recommends accepting the annual report and determine each type of equipment in the annual report has complied with the standards for approval set forth in Government Code section 7071(d).

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE ADOPTING A POLICY FOR

THE USE OF MILITARY EQUIPMENT BY THE

CITY OF ORANGE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill No. 481 ( AB 481), relating to the use of military equipment by law enforcement agencies; and
WHEREAS, AB 481, codified as Government Code sections 7070 through 7075, requires law enforcementagenciesto obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" usepolicy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term " military equipment" is defined in California Government Code section 7070; and
WHEREAS, AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS,theproposedmilitaryequipmentusepolicyisattachedheretoasExhibit A" and incorporated herein by this reference( the" Military Equipment Policy"); and WHEREAS, the Military Equipment Policy was published on the City of Orange Police Department's internet website on April 4, 2022, more than 30 daysbefore the Military Equipment Policy was first consideredat a public meeting before the City Council on May 10, 2022; and
WHEREAS, the Military Equipment Policy meets the requirements of California Government Code section 7070, subdivision( d).

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

SECTION I
The recitals stated above are true and correct, incorporated herein, and form the basis for the adoption of this Ordinance.

SECTION II
1) TheproposedOrdinanceis exemptfromtheprovisionsof theCaliforniaEnvironmental Quality Act ( CEQA) per State CEQA Guidelines Section 15060(c)(2) and 15060(c)(3), because the Ordinance simply provides procedural noticing and posting requirements. The 306
proposedOrdinancedoesnot causechangesto the residentialdensityestablishedin the GeneralPlan. It doesnot involve a specific site or developmentproject, anddoesnot otherwise result in a physical change that could causean impact to the environment.

Adoption of the Ordinance is therefore not a "project" as defined in CEQA Guideline 15378.
2) The proposedOrdinanceis exempt from CEQA per CEQA Guideline 15061(b)(3) becauseit canbe seenwith certainty, afterreview andevaluationof thefactsregarding the Ordinance and its application, that there is substantial evidence that adoption of the Ordinance would not have a significant effect on the environment and the common sense exemption applies.
3) In the unlikely event adoption of the Ordinance would constitute a project under CEQA, it is categorically exempt from the provisions of CEQA per CEQA Guideline 15321(a) Class 21, Enforcement Actions by Regulatory Agencies) because said adoption is an action taken by the City as a regulatory agency and involves " enforcement of a law, generalrule, standard, or objective, administered or adoptedby the regulatory agency."

SECTION III
Based on the above facts, in addition to information provided to the City Council at the public meeting, the City Council approves and adopts the Military Equipment Policy, basedon the following findings:

1. The military equipment identified in the Military Equipment Policy is necessarybecausethere are no reasonablealternatives that can achieve the sameobjectives of officer and civilian safety.

2. The Military Equipment Policy will safeguardthe public' s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. All prior military equipment usecomplied with the City' spolicies that were in effect at the time.

SECTION IV
If anysection, subdivision, paragraph, sentence, clauseor phraseof this Ordinanceis foranyreasonheldtobeinvalidorunconstitutional, suchdecisionshallnotaffectthevalidity of the remaining portions of this Ordinance. The City Council hereby declaresthat it would havepassedthis Ordinance, andeachsection, subdivision, paragraph, sentence, clauseand phrasethereof,irrespectiveof thefactthatanyone(ormore) section, subdivision,paragraph, sentence, clauseor phrasehadbeendeclared invalid or unconstitutional. 2 307

SECTION V
TheCity Clerkis herebydirectedto certify theadoptionof this Ordinanceandcause thesameto bepublishedasrequiredby law. This Ordinanceshalltakeeffectthirty( 30) days from and after the date of its final passage.

ADOPTED this 14th day of June, 2022.
4111 4
Mark A. Murphy, Mayor, C. y of Orange
ATTEST:

Weinee
PamelaColeman, 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 thatthe foregoingOrdinancewasintroducedat theregularmeetingof the City Councilheldon the 10th day of May, 2022, and thereafter at the regular meeting of said City Council duly held on the 14th day of June, 2022 was duly passedand adoptedby the following vote, to wit:

AYES: COUNCILMEMBERS: Murphy, Nichols, Monaco, Barrios, Dumitru, Gutierrez NOES: COUNCILMEMBERS: Tavoularis
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
aLf-t- e_e_A/ M_4(
Pamela Coleman, City Clerk, City of Orange
Attachment: Exhibit A
3 308
Policy Orange Police Department
706
Orange PD Policy Manual
Military Equipment
706. 1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment ( Government Code § 7070; Government Code§ 7071; Government Code § 7072).
706. 1. 1 DEFINITIONS
Definitions related to this policy include ( Government Code § 7070):

Governing body— The elected or appointed body that oversees the Department.

Military equipment— Includes but is not limited to the following:
1) Unmanned, remotely piloted, powered aerial or ground vehicles. 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. 3) High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. 4) Tracked armored vehicles that provide ballistic protection to.their occupants. 5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6) Weaponized aircraft, vessels, or vehicles of any kind. 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one- person ram.
8) Firearms of . 50 caliber or greater. However, standard issue shotguns are specifically excluded..
9) Ammunition of.50 caliber or greater. However, standard issued shotgun ammunition is specifically excluded.
10) Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code§ 30510 and Penal Code§ 30515,• with the exception of standard- issue firearms.
11) Any firearm or firearm accessory that is designed to launch explosive projectiles. 12) Noise-flash diversionary devices and explosive breaching tools; Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray. 13) TASER® Shockwave, microwaveweapons, water cannons, and long-range acoustic devices LRADs).
14) Kinetic energy weapons and munitions.

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Military Equipment
15) Any other equipmentas determinedby a governingbody or a state agencyto require additional oversight.

Equipment and/or accessories that do not launch explosives, such as lighting, handles, scopes and slings, are not-applicable to this policy
706. 2 POLICY
It is the policy of the Orange Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706. 3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate an employee of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a) • Acting as liaison to the governing body for matters related to the requirements of this policy.
b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire • that requires approval by the governing body.
c) Conducting an inventory of all military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Orange Police Department( Government Code § 7071). e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website( Government Code§ 7072).
g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706. 4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Seeattachment: MilitaryEquipmentInventoryList3-2020.pdf Copyright Lexipol, LLC 2022/ 04/ 04, All Rights Reserved. Military Equipment- 2Published with permission by Orange Police Department 310 Orange Police Department
Orange PD Policy Manual
Military Equipment
706. 5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue( Government Code§ 7071). The militaryequipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. e) Using any new or existing militaryequipmentfor a purpose, in a manner, or by a person not previously approved by the governing body.
f) Soliciting or respondingto a proposalfor, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 706. 6 EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or their designee, the department may acquire, borrow and/or use.military equipment that is not included in the Military Equipment Use Policy. If the department acquires, borrows, and/or used military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:

Provide written notice of that acquisition nor use to the City Council within 30 days following the commencement of the exigent circumstances, unless such information is confidential or privileged under local, state or federal law.

If it is anticipated that the use will continue beyond the exigent circumstances, the department will submit a proposed amendment to the Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition, and/or use, and receive approval, as applicable, from the City Council.

Includethe militaryequipment:in the department's next annual MilitaryEquipment Report.
706. 6. 1 COORDINATION WITH OTHER JURISDICTIONS
Militaryequipmentusedby any employee:of this departmentshall be approvedfor.use and in accordancewith this departmentpolicy. Militaryequipmentused by otherjurisdictionsthat are Copyright Lexipol, LLC 2022/ 04/ 04, All Rights Reserved.

Military Equipment- 3Published with permission by Orange Police Department 311 Orange Police Department
Orange PD Policy Manual
Military Equipment
providing mutual aid to this department shall comply with their respective military equipment use policies in rendering mutual aid should not be used by any other law enforcement agency or personnel in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
706. 7 ANNUAL REPORT
Upon.approval of a military equipment policy, the Chiefof Policeor the authorized designee should • submit a military equipment report to the governing body for.each type of military equipment approvedwithinoneyearofapproval,andannuallythereafterforaslongasthemilitaryequipment is available for use ( Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the precedingcalendaryearfor eachtypeof militaryequipmentin departmentinventory. 706. 8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. The procedures by which members of the public may registercomplaintsor concernsor submitquestionsaboutthe useof eachspecifictypeof military equipment are governed by department policy: Personnel Complaints.

Copyright Lexipol, LLC 2022/ 04/ 04, All Rights Reserved. Military Equipment- 4 Published with permission by Orange Police Department 312 Orange PD Policy Manual
Attachments
Copyright Lexipol, LLC 2022/ 04/ 04, All Rights Reserved. Attachments- 5 Published with permission by Orange Police Department
313
Attachment
Orange PD Policy Manual
Military Equipment Inventory List 3-2020.pdf
Copyright Lexipol, LLC 2022/ 04/ 04, All Rights Reserved. Military EquipmentInventoryList 3-2020.pdf- Published with permission by Orange Police Department 6 314
Equipment Type: Unmanned Aerial System ( UAS); CA Gov' t Code§ 7070( c)( 1) Description: DJI Mavic 2 Enterprise Dual; Quad propellers; FAA Flight number Quantity: 1 Lifespan: 3- 5 years
Capabilities: 24mm camera with 1/2.3" 12MP sensor and FLIRthermal imaging sensor. Together they can capture up to UHD 4k resolution video at 30 fps, or thermal imaging images and temperature data. Speeds of up to 44. 7mph and up to 31 minutes of flight time Manufacturer' s Description: Flagship consumer drone with built in FLIRcapabilities Purpose/ Authorized Uses: Utilized to enhance the department' s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $ 4, 622. 00 inventory
Legal/ Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy— Unmanned Aerial Systems ( UAV) Operations Equipment Type: Unmanned Aerial System ( UAS); CA Gov' t Code§ 7070( c)( 1) Description: DJI Mavik 2 Pro; Quad propeller; FAA Flight number Quantity: 2 Lifespan: 3- 5 years
Capabilities: 970 grams; Flight time up to 30 minutes
Manufacturer' s Description: To make a drone that exists where engineering, technology, and the needs of the aerial photographer converge. A drone that embodies all of DJI's advanced, signature technologies,and is able to redefine what is possiblefor the world of aerial photography Purpose/ Authorized Uses: Utilized to enhance the department' s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts:$ 2, 392 each; $ 4,784 inventory
Legal/ Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search& Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy— Unmanned Aerial Systems( UAV) Operations Equipment Type: Unmanned Aerial System ( UAS); CA Gov' t Code§ 7070( c)( 1) Description: DJI Phantom 4 Pro; Quad propeller; FAA Flight number Quantity: 2 Lifespan: 3- 5 years
Capabilities: 30 minute flight time; 4k video; 5 direction obstaclesensing; up to 42 miles per hour; 1338 grams
315
Manufacturer' s Description: An updated camera is equipped with a 1- inch 20- megapixel sensor capable of shooting 4K/ 60fps video and Burst Mode stills at 14 fps. The adoption of titanium alloy and magnesium alloy construction increases the rigidity of the airframe and reduces weight, making the Phantom 4 Pro similar in weight to the Phantom 4. The Flight Autonomy system adds dual rear vision sensors and infrared sensing systems for a total of 5-direction of obstacle sensing and 4- direction of obstacle avoidance
Purpose/ Authorized Uses: Utilized to enhance the department' s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts:$ 2, 807. 00 each; $ 5,614 inventory
Legal/ Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search& Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy— Unmanned Aerial Systems( UAV) Operations Equipment Type: Wheeled Vehicle that has a breaching or entry apparatus attached; CA Gov't Code 7070( c)( 3)
Description: Lenco BearCat G2 ( Armored Rescue Vehicle); Black armored, wheel vehicle; White reflective agency name; red/ blue lights; siren/ PA system; Removable hydraulic boom/ ram Quantity: 1 Lifespan: 25 years
Capabilities: The Lenco BearCat is an armored tactical response& rescue vehicle produced on the Ford F-550 commercial truck chassis platform
Specifications:

Cruising speed: 75 MPH/ Max speed 90 MPH
Stop distance with full load: 50 MPH - 128'
Engine 6. 7L V8 Turbo Diesel
450 horsepower& 935 lb- ft torque
Operating range approx. 200 miles( 4- 6 mpg).

Weight: approx. 17, 550 lbs
40 gallon fuel tank
Operating range approximately 200 miles
Fuel tank protected by 1.4" steel
Tires equipped with run flats
98% inches wide( 8. 2 feet)
106 inches tall ( 8. 8 feet)
Ballistic Capabilities:

All 6 sides armored with Mil- Spec steel armor
Testinghasdefeated (10) roundsfrom .50 CALball ammo at 0 degrees Armor provides multi- hit protection from . 30 cal rounds including windows
Manufacturer' s Description: Enhances the safety of Police, EMS,Tactical Response Teams, EOD units and Firefighters.The vehicle is capableof providing enhancedpersonalprotection and survivability in threatening environments including but not limited to Natural Disasters, Riot Control, Barricaded Suspects, Search and Rescue and Hostage Situations. The Lenco BearCat is four- wheel drive and will operate in most weather and terrain conditions. The vehicle features Ballistic Armor, weapon ports, a 316
top mounted rotating turret with adjustable height stand, and an array of specific electrical and mechanical options to meet the user' s specific needs
Purpose/ Authorized Uses: ARV may be used for the following types of incidents; high risk search warrants, armed barricaded suspects in a structure or vehicle, armed suspects in an open area ( large field, parking lot, etc.), SWAT call-outs, assisting an outside jurisdiction, downed person( s) rescues where a person( s) have been shot and is in need of rescue to get medical attention when the suspect( s) still poses a threat, evacuations from an active area where a threat of gun fire still exist, terrorist incident, mobile field force deployments for riot situations, for any event where the ARV would be deemed necessary to assist police officers and the public at risk, or SWAT and Mobile Field Force training
Fiscal Impacts:$ 266, 069 initial cost;$ 1, 750 annual maintenance Legal/ Procedural Rules Governing Use: Authorized by the Watch Commander Training Required: Initial training by Lenco provided to training cadre; Initial training provided by LASDSpecial Enforcement Bureau; Agency authorized orientation and annual training Compliance Mechanisms: Department Policy— Vehicle Use
Equipment Type: Command and Control Vehicle; CA Gov' t Code§ 7070( c)( 5) Description: 2002 Mattman Specialty Vehicle; Freightliner MT55 Command Coach; Black and white box truck clearly marked with reflective Agency name; red/ blue lights; siren/ PA system Quantity: 1 Lifespan: 25 years
Capabilities: Incident Command vehicle; Dispatch center; conference room; transportation of equipment to be used at on scene of mobile command
Manufacturer' s Description: The Freightliner MT-55 is a true heavy-duty delivery or emergency responsevehicle.The MT-55's heavy-duty chassisoffers a grossvehicle weight rating between 20,000 and 30,000 pounds and can accept freight up to 1,500 cubic feet.

Purpose/ Authorized Uses: To provide a means of transportation for equipment and to be used on scene as the Incident Commander/ Swat Commander command and control vehicle Fiscal Impacts:$ 362, 538. 00 initial cost; $ 3, 000 annual maintenance Legal/Procedural RulesGoverning Use:Authorized by the Incident Commander/ Watch Commander Training Required: Agencyauthorized orientation; yearly agencytraining Compliance Mechanisms: Operational use under the review of the Incident Commander or Watch Commander
Equipment Type: Command and Control Vehicle; CA Gov' t Code§ 7070( c)( 5) Description: 2003 Mattman Specialty Vehicle; Workhorse P30042 SWAT Equipment Truck; Black and white box truck clearly marked with reflective Agency name; red/ blue lights; siren/ PA system Quantity: 1 Lifespan: 25 years
Capabilities: Providesa tactical command post location that can assistwith the responseto critical incidents; contains designated areas for equipment storage and crisis negotiation operations Manufacturer' s Description: Step- van used for a variety of purposes 317
Purpose/ Authorized Uses: Designated as tactical command post during S.W.A.T. activations Fiscal Impacts:$ 150, 000 Initial cost;$ 1, 300 annual maintenance Legal/ Procedural Rules Governing Use: Department Policy— Crisis Response Unit Training Required: Agency authorized orientation; yearly agency training Compliance Mechanisms: Department Policy— Crisis Response Unit Equipment Type: Explosive Breaching Tools; CA Gov't Code§ 7070(c)(7) Description: Remington 870 Wingmaster breaching shotgun; a specially converted shotgun designed to fire a specialty round to defeat or destroy deadbolts, hinges and locks Quantity: 2 Lifespan: round and use dependent
Capabilities: Range is 6 inches or less
Manufacturer' s Description: A speciallyconverted 12gaugeshotgunthat fires a specialty breaching round
Purpose/ Authorized Uses: Used to force entry into a structure by disabling the door lock mechanisms, doorknobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; Shotgun is used to rapidly destroy a deadbolt, hinge or lock while reducing the danger to people behind or around the targeted door; S. W. A. T. equipment subject to Department Policy— Crisis Response Unit
Fiscal Impacts: $ 765. 77 each; $ 1,531. 54 inventory
Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police Search & Seizure; S. W. A. T. equipment subject to Department Policy— Crisis Response Unit Training Required: POSTapprovedTactical Breachingfor trainers; 16 hours" BreachingCourse"; Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Crisis Response Unit Equipment Type: Explosive Breaching Ammunition; CA Gov't Code§ 7070(c)(7) Description: Royal Arms, TESAR-1, Orange CAP 275 Grain Copper Frangible Breaching Round Quantity: 0; Ideal inventory- 25 Lifespan: N/ A
Capabilities: When deployed, can defeat door lock mechanisms, door knobs, hinges, dead bolts, safety chainsand pad lockson both wooden or hallow core doors Manufacturer' s Description: Orange Cap 2-3/ 4" 275 Grain Compressed Copper Frangible 12 Gauge Shotgun Slug
Slug Material: Copper Powder
Velocity: 1,750 Ft p/ sec- 18" Barrel
Use: For Wood Doors, Solid & Hollow
Defeats: Solid Wood Doors, Locks& Hinges
Purpose/ Authorized Uses: Used to force entry into a structure by disabling the door lock mechanisms,doorknobs, hinges, dead bolts, safety chainsand pad lockson both wooden or hollow core doors; used to rapidly destroy a deadbolt, hinge or lock while reducing the danger to people 318
behind or around the targeted door; S. W. A. T. equipment subject to Department Policy— Crisis Response Unit
Fiscal Impacts:$ 4. 50 per round;$ 118. 13 to maintain ideal inventory Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police Search & Seizure; S. W. A. T. equipment subject to Department Policy— Crisis Response Unit Training Required: POST approved Tactical Breaching for trainers; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Crisis Response Unit Equipment Type: Explosive Breaching Ammunition; CA Gov't Code§ 7070( c)(7) Description: Royal Arms FTR-P1Training Ammunition ( Poly Shot) Quantity: 0; Ideal inventory- 50 Lifespan: N/ A
Capabilities: Ideal for training on breaching locking mechanisms on solid and hollow core doors Manufacturer' s Description: Royal Arms Frangible Training Breaching Ammunition offers a low- cost round for Tactical Teams to practice with, without the heavy recoil of Breaching Rounds so you can shoot these all day long. This load is designed for pump shotguns and will not function Semi Auto. It hasenough power to effectively breachtraining doors,yet has1/3 the recoil and payload.The round is non- toxic and has no metal projectiles and is loaded with# 4 polyethylene shot Purpose/ Authorized Uses: Used to train on how to force entry into a structure by disabling the door lock mechanisms, doorknobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; Used to force entry into a structure by disabling the door lock mechanisms, door knobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; S.W.A.T. equipment subject to Department Policy— Crisis Response Unit Fiscal Impacts:$ 2. 00 per round; $ 105.00 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police Search & Seizure; S. W. A. T. equipment subject to Department Policy— Crisis Response Unit Training Required: POSTapprovedTacticalBreachingfor trainers; Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Crisis Response Unit Equipment Type: Firearms of less than . 50 caliber; CA Gov' t Code§ 7070( c)( 10) Description: Colt LE M4 AR 15 16. 1 556 30 RD
Quantity: 72 Lifespan: Round and use dependent
Capabilities: Operational range 1 mile
Manufacturer' s Description: To be usedasprecisionweapon to addressa threat with more precision and/ or at greater distance than a handgun, if present and feasible Purpose/ Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:

Situations where the officer reasonably anticipates an armed encounter 319
When an officer is faced with a situation that may require accurate and effective fire at long range
Situations where an officer reasonably expects the need to meet or exceed a suspect' s firepower
When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage
When an officer reasonably believes that a suspect may be wearing body armor When authorized or requested by a supervisor
When needed to euthanize an animal
Fiscal Impacts:$ 1, 055. 14 each;$ 75, 970. 08 inventory Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force
Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy- Firearms
Equipment Type: Firearms of less than . 50 caliber; CA Gov' t Code§ 7070( c)( 10) Description: Stiller TAC 30, Grayboe Ridgeback, Timney Model 510 Trigger, . 308 Caliber Quantity: 3 Lifespan: Round and use dependent
Capabilities: The Stiller Tac 30 Rifle is a custom built rifle made by Jim Gruning with Gruning Precision.

The rifles fire with extreme precision at different distances. They have custom heavy barrels which are shorter than any other common hunting/ long distance rifle which allows for tactical applications.

Gruning precisionsupplies multiple law enforcement agenciesacrossthe United Stateswith custom rifles. Jim Gruning also completesthorough inspectionsof eachrifle on a yearly basisfor free Manufacturer' s Description: Specialties include customizing the bolt action rifle, M1A, AR15, and AR10style rifles. Gruning manufacturesa complete line of durable products, including scoperings, bases, and mounts
Purpose/Authorized Uses: Usedasa long-rageprecisionweapon systemcapableof delivering accurately placedshots on target through a greater magnification at longer ranges Fiscal Impacts:$ 5, 715. 00 each;$ 17, 145. 00 inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force
Training Required: BasicS.W.A.T. School; BasicSniperSchool Compliance Mechanisms: Department Policy— Firearms; Crisis Response Unit Equipment Type: Firearms of less than . 50 caliber; CA Gov' t Code§ 7070( c)( 10) Description: Remington 700 Police LTR. 308 bolt Action
Quantity: 2 Lifespan: Round and use dependent
Capabilities: The Remington 700 Police LTRis one of the most popular police sniper rifles used. It is known for its accuracy, durability and reliability. The department' s Remington 700 has been modified 320
with a Gruning precision heavy barrel and Timney trigger system. The custom heavy barrels is shorter than any other common hunting/ long distance rifle which allows for tactical applications.

Manufacturer' s Description: Specialties include customizing the bolt action rifle, M1A, AR15, and AR10 style rifles. Remington manufactures a complete line of durable products, including scope rings, bases, and mounts
Purpose/ Authorized Uses: Used as a long- rage precision weapon system capable of delivering accurately placed shots on target through a greater magnification at longer ranges.

Fiscal Impacts:$ 814. 14 each; $ 1, 628. 28 inventory
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force
Training Required: Basic S.W. A.T. School; Basic Sniper School Compliance Mechanisms: Department Policy— Firearms; Crisis Response Unit Equipment Type: Ammunition of less than . 50 caliber; CA Gov' t Code§ 7070( c)( 10) Description: Winchester Q3131, Full Metal Jacket 5.56MM, 55 Grain Training Ammunition; 1000 rounds/ case
Quantity: 30, 000 rounds; ideal inventory- 96, 000 Lifespan: N/ A rounds
Capabilities: 3240 fps; 1282 ft- lbs
Manufacturer' s Description: Winchester USA Centerfire Rifle Ammunition is the ideal choice for training or extended sessions at the range providing great performance at a value price. Winchester Q3131Afeatures a 55grain full metal jacket bullet in a fully reloadableboxer primed brasscase. This is some of the most sought after and hard to find ammo going. It is Winchester' s version of the legendary XM- 193 load
Purpose/ Authorized Uses: Used for training environments as ammunition for rifles Fiscal Impacts:$ 0. 38 per round; $ 37,900.80 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force
Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy— Firearms; Use of Force Equipment Type: Ammunition of less than . 50 caliber; CA Gov' t Code§ 7070( c)( 10) Description: Winchester RA223R, Ranger, Pointed Soft Point. 223 REM, 55 grain Duty Ammunition; 1000 rounds/ case
Quantity: 6, 000; ideal inventory— 6, 000 Lifespan: N/ A Capabilities: 3240 fps; 1282 ft- lbs
Manufacturer' s Description: This Winchester Ranger 223 Remington ammo features a 55 Grain Pointed Soft Point bullet. Winchester Rangeris the highestquality hollow point ammunition money can buy. This Winchester Ranger. 223 55 grain Power Point Soft Point is intended for Law 321
Enforcement use, Ranger is Winchesters Highest Quality. This Winchester Ranger 223 Remington is new ammo not Police Department surplus. This Winchester Ranger 223 Remington has a muzzle velocity of 3240 feet per second and a muzzle energy of 1262 foot pounds. Winchester Ranger ammo is reloadable, features brass cases and Boxer primers. This ammunition is non- corrosive Purpose/ Authorized Uses: Used as duty round for rifle
Fiscal Impacts:$ 0. 51 per round;$ 3,231. 90 to maintain ideal inventory Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force
Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy— Firearms; Use of Force Equipment Type: Ammunition of less than . 50 caliber; CA Gov' t Code§ 7070( c)( 10) Description: Hornady 80725, . 308 WIN Tactical Application Police (TAP), 168 Grain, ELDMatch TAP Precision; 200 rounds per case
Quantity: 2, 000; ideal inventory— 3, 000 Lifespan: N/ A Capabilities: This ammunition is used by a wide range of police agencies in the US. It is known for its accuracy, stopping power and rarely over penetrates. It can be used in multiple SWAT applications including but not limited to, short rangeengagements, long rangeengagements, barricadedsubjects, barrier shooting and hostage rescue shots; 2700 fps
Manufacturer' s Description: Hornady® 308 WIN TAP 168 gr. ELD® MATCH TAP PRECISION® ammunition was designed as an improvement on the 168 gr. A-MAX TAP PRECISION® load by incorporating the new ELD® Match bullet. The 168 gr. ELD® Match bullet with Heat Shield® tip delivers the excellent terminal performance TAP Precision® is known for, but features a resilient, heat resistant polymer tip that improves the ballistic coefficient, resulting in higher impact velocities, less drop, less wind drift, and more energy on target.

Purpose/ Authorized Uses: Used as duty round for rifle.

Fiscal Impacts:$ 1. 25 each; $ 3,937. 50 to maintain ideal inventory Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force
Training Required: BasicSniperSchool; monthly training and qualification Compliance Mechanisms: Department Policy— Firearms; Use of Force, Crisis Response Unit Equipment Type: " Flashbang" grenade; CA Gov't Code§ 7070(c)(12) Description: Defense Technology 8922 Low Roll II Non- Reloadable Distraction Device Quantity: Discontinued; 7 in inventory Lifespan: 5 years Capabilities: Diversionary devices are categorized as a low order explosive that deflagrate rather than detonate. Their burn rate is measured in feet per second vs. miles per second ( high order explosive).

Initiation of the device is through a thermal process, which generates a sudden and rapid escape of 322
gases from the device resulting in a brilliant light and loud noise. This deflagration may disorient and confuse a person by causing" sensory overload" for a few seconds and provide a tactical advantage for SWAT teams
Manufacturer' s Description: The Low Roll II' Non- Reloadable Distraction Device® utilizes an M201A1 type fuze with Hex design steel body. This compact version of the 8933 Low Roll body is the newest version of the original reusable non- bursting canister that limits movement and rolling once deployed.

The compact Distraction Device unit fits safely in your hand and packs all the power of the full size 12- Gram Distraction Device unit. This steel body is designed to reduce rolling, fit in tactical pouches easily and deliver the safest and most effective stimuli in the industry. The compact Distraction Device unit should only be deployed in areas that have been visually observed to be clear of potential hazards
Purpose/ Authorized Uses: Used as distraction light and sound device during tactical operation Fiscal Impacts: Discontinued; $ 349. 16 inventory
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force; Crisis Response Unit Training Required: 16-hour Diversionary Device Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Crisis Response Unit Equipment Type: Flashbang" grenade; CA Gov't Code§ 7070( c)(12) Description: Defense Technology 8922NRSC, Low Roll II Non- Reloadable Distraction Device with Safety Clip
Quantity: 5; ideal inventory- 20 Lifespan: 5 years
Capabilities: Diversionary devices are categorized as a low order explosive that deflagrate rather than detonate. Their burn rate is measured in feet per second vs. miles per second ( high order explosive).

Initiation of the device is through a thermal process, which generates a sudden and rapid escape of gasesfrom the device resulting in a brilliant light and loud noise.Thisdeflagration may disorient and confuse a person by causing" sensory overload" for a few seconds and provide a tactical advantage for SWAT teams.

Manufacturer' s Description: The Low Roll II"' Non- Reloadable Distraction Device® utilizes an M201A1 type fuze with Hexdesignsteel body. Thiscompactversion of the 8933 Low Rollbody isthe newest version of the original reusablenon-bursting canisterthat limits movement and rolling oncedeployed.

Purpose/Authorized Uses: Usedasdistraction light andsound deviceduring tactical operation Fiscal Impacts: $ 52. 63 each; $ 1,105.23 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit Training Required: 16-hour POSTapproved DiversionaryDeviceInstructor School;Agencyauthorized orientation course; annual refresher
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Compliance Mechanisms: Department Policy— Crisis Response Unit Equipment Type: Tear Gas; CA Gov' t Code§ 7070( c)( 12) Description: Defense Technology 1072; Spede Heat CSContinuous Discharge Chemical Grenade Quantity: 0; ideal inventory 5 Lifespan: 5 years
Capabilities: Ideal use is for crowd control or other outdoor uses Manufacturer' s Description: The Spede- HeatTM Grenade is a high volume, continuous discharge grenade available in OC,CNor CS. In the OC,CNand CSconfigurations, pelletized chemicalagent is dischargedthrough four( 4) gasports locatedon top of the canister,three( 3) on the side,and one( 1) on the bottom. Designed specifically for outdoor use in crowd control situations, the SpedeHeatTM Grenade is built on the old style larger canister. It is a high volume continuous burn device that expels its payload in approximately 20- 40 secondsfrom a singlesource.The longer burn time may allow for throwback by individuals wearing burn protection suchasa welder's mitt. The canistersmay be protectedfromadvancingindividualswith the useof lesslethalimpactmunitions.Thedeviceshould be deployed utilizing wind advantage. It should NOTbe deployed onto rooftops, in crawl spaces,or indoors due to its fire- producing capability. Handthrow or launch. Launchingof grenadeswill provide deploying officers additional stand-off distances.Affords very goodcoveragefor largeoutdoor areas.

Purpose/ Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts:$ 29. 50 each; $ 154.88 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit TrainingRequired:40-hourPOSTApprovedChemicalAgentInstructorSchool;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques; Crisis Response Unit Equipment Type: Tear Gas; CA Gov' t Code§ 7070( c)( 12) Description: Defense Technology 1016 Pocket Tactical CSGrenade Quantity: 0; ideal inventory 5 Lifespan: 5 years
Capabilities: Due to its smaller size, the operator can carry it on their person. It can be used to contain smoke or other chemical agents
Manufacturer' s Description: The Pocket Tactical Grenade is a quick burning, reduced volume, continuous dischargegrenadeavailablein OC,CN, CS,and Saf-SmokeTM. Pelletizedchemicalagent or smoke is dischargedthrough one (1) gasport located on the bottom of the canister.The Pocket TacticalGrenadeis a small, lightweight, easilycarried devicethat providesa medium volume of chemical agent or smoke for certain situations. It was designed with the tactical team in mind for distraction, concealment, rescue,or signaling.The pocket grenadeis not specificallyintended asa crowd management device; however, it can be usedin chemicalconfigurations in conjunction with larger smokecanistersto" piggyback" chemicalagent into a predominately smoke environment. This device should be deployed utilizing wind advantage
Purpose/ Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts:$ 20 each;$ 105 to maintain ideal inventory 324
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force; Crisis Response Unit Training Required: 40- hour POSTApproved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques; Crisis Response Unit Equipment Type: Tear Gas; CA Gov' t Code § 7070( c)( 12) Description: Defense Technology Flameless Tri- Chamber CS, Model 1032 Quantity: 10; ideal inventory- 10 Lifespan: 5 years
Capabilities: Capable of being used for crowd control and barricaded subjects Manufacturer' s Description: The Tri- Chamber Flameless Grenade is designed for indoor use. This grenade' s pyrotechnic contents are burned within an internal can that is one of three in this design.

The internal combustion allowsthe chemical-laden smoketo be releasedthrough three( 3) ports on the outer canister side while safely containing any of the fire- producing properties within the two internal canisters.Thefuse isshrouded to further protect surrounding materials from the possibility of fire. The Tri- Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/ or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/ or incapacitation of potentially violent or dangeroussubjects.TheTri-ChamberFlamelessGrenadeprovidesthe option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The actual smoke and chemicalcontent is minimal enoughthat oxygendisplacementconcernsand LCTis rarely reached. It is a viable option when chemical- laden powders or liquids are ineffective or inappropriate for the situation. As with all pyrotechnic carriers, contamination will be greater than that experienced with powders or liquids
Purpose/ Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts:$ 31. 23 each; $ 312. 30 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit Training Required: 40-hour POSTApproved ChemicalAgent Instructor School;Agencyauthorized orientation course; annual refresher
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Compliance Mechanisms: Department Policy— Control Devices and Techniques; Crisis Response Unit Equipment Type: Tear Gas; CA Gov' t Code § 7070( c)( 14) Description: Defense Technology Ferret 40mm CS Powder, Model# 2292 Quantity: 0; ideal inventory- 25 Lifespan: 5 years
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Capabilities: Designed to disperse non- flammable chemical agent creating temporary discomfort through pain compliance; used at a distance and launched from 40mm device Manufacturer' s Description: The Ferret® 40mm Round is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand- off distance and accuracy for safety. The Ferret® 40mm Round is non- burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood.

Upon impacting the barrier, the nosecone ruptures and instantaneouslydeliversa small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the Ferret® 40mm is primarily used to dislodge barricaded subjects from very small, confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/ or incapacitation of potentially violent or dangeroussubjects.The Ferret®40mm Roundis availablewith either liquid or powder carriersfor the agent. Oncedelivered, powder carrierstend to keepthe agent airborne longer than liquid carriers and may have more effect. Liquid carriers contain red dye to aid in shot placement. Shot placement and trajectory considerationsshould be basedon hardnessof the barrier.

However, accuracy is dependent on the operator and the condition of the launcher. Velocity and barricade penetration results will vary between launchers, temperature conditioning and impact angle
Purpose/ Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts: $ 24. 28 each; $ 639.98 to maintain ideal inventory Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force; Crisis Response Unit Training Required: 40-hour POSTApproved ChemicalAgent Instructor School;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques; Crisis Response Unit Equipment Type: Projectile Launch Platform; CA Gov' t Code§ 7070( c)( 14) Description: Lewis Machine& Tool, Model 40 MTS; 40 MM Launcher Quantity: 10 Lifespan: Use and round dependent
Capabilities: Usedto gain compliance; able to fire spongeroundsand chemicalagent ferret rounds Manufacturer' s Description: The 40LMTS is a tactical 40mm single shot launcher that features an expandable stock and an adjustable Integrated Front Grip ( IFG)with a light rail. The Ambidextrous LateralSlingMount( LSM)and QD mounting systemsallow both a singleand two point sling attachment. The 40LMTS will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. This weapon is NOT designed to fire 40mm High Velocity HEammunition. The Picatinny RailMounting Systemwill accepta wide array of enhancedoptics/sighting systems Purpose/Authorized Uses: Usedto gain complianceaslesslethal control deviceand deliver chemical agents when necessary
Fiscal Impacts:$ 855. 55 each;$ 8055. 55 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit; Control Devices and Techniques 326
Training Required: 40- hour POSTApproved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques; Crisis Response Unit Equipment Type: Projectile Launch Platform; CA Gov' t Code§ 7070( c)( 14) Description: Defense Technology Model 1425 40 MM Launcher Quantity: 14 Lifespan: Use and round dependent
Capabilities: Used to gain compliance; able to fire sponge rounds and chemical agent ferret rounds Manufacturer' s Description: The 40LMTS is a tactical 40mm single shot launcher that features an expandable stock and an adjustable Integrated Front Grip( IFG)with a light rail. The Ambidextrous Lateral Sling Mount( LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm LessLethal ammunition, up to 4.8 inches in cartridge length. Thisweapon is NOTdesignedto fire 40mm HighVelocity HEammunition. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/ sighting systems Purpose/ Authorized Uses: Used to gain compliance as less lethal control device and deliver chemical agents when necessary
Fiscal Impacts:$ 855. 55 each; $ 11,977.70 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 40-hour POSTApproved ChemicalAgent Instructor School;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques; Crisis Response Unit Equipment Type: Projectile Launch Platform; CA Gov' t Code§ 7070( c)( 14) Description: Penn Arms PGL65- 40 Multi- Launcher
Quantity: 1 Lifespan: Use and round dependent
Capabilities: Used to gain compliance; able to fire sponge rounds and chemical agent ferret rounds Manufacturer' s Description: PENN ARMS has set the standard for less- lethal launchers world wide for over 20years. Our patented designsare small, lightweight, and operationally versatile. Constructed out of the highest grade of materials to a high standard of quality, PENNARMS is Dedicated To Your Mission®
Purpose/ Authorized Uses: Used to gain compliance as less lethal control device and deliver chemical agents when necessary
Fiscal Impacts:$ 3,300 inventory
Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 40-hour POSTApproved ChemicalAgent Instructor School;Agencyauthorized orientation course; annual refresher
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Compliance Mechanisms: Department Policy— Control Devices and Techniques; Crisis Response Unit Equipment Type: Projectile Munition; CA Gov' t Code § 7070( c)( 14) Description: Defense Technology 6325 40mm Smokeless Exact Impact Sponge Quantity: 460; ideal inventory- 450 Lifespan: 5 years
Capabilities: launched from a 40mm launcher to gain compliance as less lethal control device Manufacturer' s Description: The 40mm eXact iMpact1" Sponge Round has evolved from the design of the 40mm XM1006 projectile, developed by the USArmy Research Laboratory. This lightweight, high- speed projectile incorporates a plastic body and a foam ( sponge) nose which is spin stabilized via the incorporated rifling collar and the 40mm launcher' s rifled barrel. The round utilizes smokeless powder as the propellant and has velocities that are extremely consistent. The 40mm eXact iMpact1MSponge Roundis a "point-of-aim, point-of-impact" direct fire round that is most commonly usedby tactical teams in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non- compliant subject. In many municipalities, these are being selected for both tactical call outs and as an available option for patrol. The 40mm eXact iMpact1MSponge Round is intended for direct fire deployment. The operator should be adequately trained in the use of Less Lethal Impact Munitions and have a thorough understanding of the round and considerations for selecting shot placement suchas level of threat, target distance,sizeand clothing. The40mm eXactiMpact1M Sponge Round will prove most successful for incapacitation when used within its optimal energy range of approximately 5— 40 meters, although it may used in situations from 1. 5— 50 meters. The optimal zone offers the necessary energy and accuracy to target the large muscle groups of the buttocks, thigh, and even the knees of the subject. These areas provide sufficient pain stimulus, while greatly reducingserious or life-threateninginjuries. The 40mm eXactiMpact1MSpongeRoundcan also be deployed in crowd control situations to protect the riot line, coveror enhancechemicalmunitions, or targeting specific agitators and organizersof the crowd. When usedin this fashion, it is primarily both a psychologicaldeterrent and physiologicaldistraction servingasa pain compliancedeviceto either get the crowd or subject moving or keepingthem at a designateddistance Purpose/ Authorized Uses: Used to gain compliance and break windows on vehicle and structures Fiscal Impacts:$ 19. 16 per round;/$ 9,053. 10 to maintain ideal inventory Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: Agencyauthorized orientation course; annual refresher Compliance Mechanisms: Department Policy— Control Devices and Techniques Equipment Type: Projectile Launch Platform; CA Gov' t Code§ 7070( c)( 14) Description: PepperBall, Full Tactical Carbine( FTC) Launcher Quantity: 2 Lifespan: Round and use dependent
Capabilities: Launches small less lethal inert or chemical agent rounds to gain compliance 328
Manufacturer' s Description: FTCis a high-capacity,semi-automatic launcherthat is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration Purpose/ Authorized Uses: Less lethal control device used to gain compliance Fiscal Impacts:$ 360 each;$ 720 inventory
Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor/ Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques Equipment Type: Projectile Launch Platform; CA Gov' t Code§ 7070( c)( 14) Description: Tippman, Model 68 Carbine projectile launcher Quantity: 4 Lifespan: Round and use dependent
Capabilities: Launches small less lethal inert or chemical agent rounds to gain compliance Manufacturer' s Description: Original maker bought by PepperBall Purpose/ Authorized Uses: Less lethal control device used to gain compliance Fiscal Impacts:$ 499. 50 each;$ 1,998 inventory
Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBallInstructor/ Armorer Certification Course;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques Equipment Type: Projectile Launch Platform; CA Gov' t Code§ 7070( c)( 14) Description: Mission Less Lethal, M2100, MLR Full Auto Carbine Launcher Quantity: 2 Lifespan: Round and use dependent
Capabilities: Launchessmall lesslethal inert or chemicalagent roundsto gain compliance Manufacturer' s Description: Technical Specs
Item: PepperBall Launcher; Type: Full Auto Launcher; Approx. No. of Shots: 200; Overall Height: ( In.) 21 in; Container Size: 135.2 oz.; Spray Line Length ( Ft.) 60 to 160; Color: Black/ Orange Purpose/Authorized Uses: Lesslethal control deviceusedto gain compliance Fiscal Impacts:$ 599. 20 each;$ 1, 198. 40 inventory
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Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy- Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBallInstructor/ Armorer Certification Course;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy- Control Devices and Techniques Equipment Type: Projectile Munition; CA Gov' t Code § 7070( c)( 14) Description: Mission Less Lethal M1120500 Pepper Projectiles( 0C2 ( 1% OC and 4% PAVA) Quantity: Discontinued; 3, 500 inventory Lifespan: 3 years Capabilities: able to be launched and used to gain compliance through chemical agent irritation Manufacturer' s Description: Mission Less Lethal is a supplier of less-lethal pepper round launchers for nearly20years. our productsarewidelyusedbythousandsof Federal,State, Local, International police, military, and private security agencies.

Purpose/ Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts:$ 1. 33 per round; $ 4, 655 inventory
Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy- Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBallInstructor/ Armorer Certification Course;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy- Control Devices and Techniques Equipment Type: Projectile Munition; CA Gov' t Code § 7070( c)( 14) Description: PepperBall LiveX Projectiles ( 5% PAVA)
Quantity: 0; 2, 200 ideal inventory Lifespan: 3 years
Capabilities: able to be launched and used to gain compliance through chemical agent irritation Manufacturer' s Description: Our most potent and powerful concentration of PAVApepper powder.

At 5% PAVA, a LIVE-X- round contains double, the amount of PAVA chemical agent of a regular PepperBall® LIVESD- round. PAVA is based on one of the hottest of the six capsaicinoids found in pepperplants. PepperBallproductscontainonlysafe, pure, non-oil basedPAVAandarenon- flammable. Ingredient consistencyensureseachprojectile operateswith quality and effectiveness
Purpose/ Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts:$ 2. 14 per round; $ 4, 934 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy- Use of Force; Crisis Response Unit; Control Devices and Techniques 330
Training Required: 16-hour PepperBallInstructor/ Armorer Certification Course;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques Equipment Type: Projectile Munition; CA Gov' t Code § 7070( c)( 14) Description: PepperBall Live Projectiles( 2% PAVA)
Quantity: Discontinued; 1, 875 inventory Lifespan: 3 years Capabilities: Able to be launched and used to gain compliance through chemical agent irritation Manufacturer' s Description: The live PepperBall® round contains 2. 0% PAVA. It is effective for direct impact and area saturation when there is no line of sight. PAVA is based on one of the hottest of the six capsaicinoids found in pepper plants. PepperBall products contain only safe, pure, non- oil based PAVA and are non-flammable. Ingredient consistency ensures each projectile operates with quality and effectiveness
Purpose/ Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts:$ 1. 63 per round;$ 3,048. 75 inventory
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy— Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBallInstructor/ Armorer Certification Course;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques Equipment Type: Projectile Munition; CA Gov' t Code§ 7070( c)( 14) Description: PepperBall Inert Projectiles( No irritant) Quantity: 0; ideal inventory- 1, 000 Lifespan: 3 years
Capabilities: Able to be launched and used to gain compliance through pain of impact Manufacturer' s Description: Containing a harmless, scented powder, this projectile is best suited for practice or direct impact when chemical exposure is not desired Purpose/ Authorized Uses: Lesslethal control munition used to gain compliance Fiscal Impacts:$ 0. 57 per round;$ 602. 70 to maintain ideal inventory Legal/Procedural RulesGoverning Use:All applicableState, Federaland Locallawsgoverning police use of force; Department Policy— Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBallInstructor/ Armorer Certification Course;Agencyauthorized orientation course; annual refresher
Compliance Mechanisms: Department Policy— Control Devices and Techniques 331
Equipment Type: Specialty Impact Munition ( SIM) Weapon; CA Gov't Code§ 7070( c)(14) Description: Smith & Wesson Model 5906— 9mm— SIMUNTION PISTOL Quantity: 9 Lifespan: Use and round dependent
Capabilities: Providesrealistictraining with actual weight and look of real pistol usingnon-lethal munitions
Manufacturer' s Description: N/ A
Purpose/ Authorized Uses: Training scenarios
Fiscal Impacts:$ 0; converted old pistol
Legal/ Procedural Rules Governing Use: Department Policy- Training Training Required: 24-hour Simunition FXScenarioInstructor and SafetyCertification Coursefor Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy- Training
Equipment Type: Specialty Impact Munition ( SIM) Weapon; CA Gov't Code§ 7070( c)(14) Description: Glock 17— 9mm— SIMUNTION PISTOL
Quantity: 7 Lifespan: Use and round dependent
Capabilities: Provides realistic training with actual weight and look of real pistol using non- lethal munitions
Manufacturer' s Description: N/ A
Purpose/ Authorized Uses: Training scenarios
Fiscal Impacts:$ 0; converted old pistol
Legal/ Procedural Rules Governing Use: Department Policy- Training Training Required: 24-hour Simunition FXScenarioInstructor and SafetyCertification Coursefor Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy- Training
Equipment Type: Specialty Impact Munition ( SIM) Weapon; CA Gov't Code §7070(c)( 14) Description: Glock 22; . 40 Caliber SIMUNTION PISTOL
Quantity: 3 Lifespan: Use and round dependent
Capabilities: Providesrealistic training with actual weight and look of real pistol usingnon-lethal munitions
Manufacturer' s Description: N/ A
Purpose/ Authorized Uses: Training scenarios
Fiscal Impacts:$ 0; converted old pistol
Legal/ Procedural Rules Governing Use: Department Policy- Training TrainingRequired: 24-hourSimunitionFXScenarioInstructorandSafetyCertificationCoursefor Instructors and Facilitators; Agency authorized orientation course; annual refresher 332
Compliance Mechanisms: Department Policy- Training
Equipment Type: Specialty Impact Munition ( SIM) Weapon; CA Gov' t Code§ 7070( c)( 14) Description: Force on Force M4/ M16 Conversion Bolt Kit Quantity: 20 Lifespan: Use and round dependent
Capabilities: Provides realistic training by allowing operator to use their actual rifle with a bolt that is used for non- lethal munitions.

Manufacturer' s Description:

Designed to fire Force on Force 5. 56mm marker rounds
Doesn' t interfere with on-gun accessories
Prevents firing of lethal ammunition
Purpose/ Authorized Uses: Training scenarios
Fiscal Impacts:$ 329. 99 each;$ 6,599.80 inventory
Legal/ Procedural Rules Governing Use: Department Policy— Training; Crisis Response Unit Training Required: 24-hour Simunition FXScenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy- Training
Equipment Type: Specialty Impact Munition ( SIM) Weapon; CAGov't Code§ 7070( c)(14) Description: Simunition FX Original Marking Cartridge— 9mm Quantity: 300 Lifespan: 3 years
Capabilities: Used in SIM weapons to provide realistic training Manufacturer' s Description: The FX® marking cartridges, which come in six colors, are at the core of the FX®Training System known as" the world' s most realistic close- range combat training system".

The patented, reduced- energy, non- lethal cartridges leave a detergent- based, water- soluble color- marking compound. The visible impacts allow accurate assessment of simulated lethality. The cartridges are available in .38 cal. and 9mm and feature tactical accuracy up to 25 feet( 7.6 meters).

The 5.56mm is tactically accurate with ball cartridges to 100 feet( 30 meters). No special ballistic facilities are required. They meet the needfor a force-on-force and man-to-man training systemthat is realistic, effective, inexpensive, adaptable and fully portable Purpose/ Authorized Uses: Training scenarios
Fiscal Impacts:$ 0. 51 each; $ 253/ case of 500
Legal/ Procedural Rules Governing Use: Department Policy— Training; Crisis Response Unit Training Required: 24-hour Simunition FXScenarioInstructor and SafetyCertification Coursefor Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy- Training
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Equipment Type: Specialty Impact Munition ( SIM) Weapon; CAGov't Code§ 7070(c)( 14) Description: Simunition FX Original Marking Cartridge—. 223 Quantity: 300 Lifespan: 3 years
Capabilities: Used in SIM weapons to provide realistic training Manufacturer' s Description: The FX® marking cartridges, which come in six colors, are at the core of the FX®Training System known as" the world' s most realistic close-range combat training system".

The patented, reduced-energy, non-lethal cartridges leavea detergent-based,water-soluble color- marking compound. The visible impacts allow accurate assessment of simulated lethality. The cartridges are available in .38 cal. and 9mm and feature tactical accuracy up to 25 feet( 7.6 meters).

The 5.56mm istactically accuratewith ball cartridgesto 100feet( 30 meters). Nospecialballistic facilities are required. They meet the need for a force- on-force and man- to- man training system that is realistic, effective, inexpensive, adaptable and fully portable Purpose/ Authorized Uses: Training scenarios
Fiscal Impacts:$ 0. 51 each;$ 253/ case of 500
Legal/ Procedural Rules Governing Use: Department Policy— Training; Crisis Response Unit Training Required: 24-hour Simunition FXScenarioInstructor and SafetyCertification Coursefor Instructors and Facilitators;Agencyauthorized orientation course;annual refresher Compliance Mechanisms: Department Policy- Training
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Policy
706
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Published with permission by Orange Police Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (3) High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. (4) Tracked armored vehicles that provide ballistic protection to their occupants. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
(8) Firearms of _.50 caliber or greater. However, standard issue shotguns are specifically excluded..
(9) Ammunition of.50 caliber or greater. However, standard issued shotgun ammunition is specifically excluded.
(10) Specialized firearms and ammunition of less than _.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) Noise-flash diversionary devices and explosive breaching tools; Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. (13) TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
(14) Kinetic energy weapons and munitions.
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Military Equipment
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Military Equipment - 2
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
*Equipment and/or accessories that do not launch explosives, such as lighting, handles, scopes and slings, are not applicable to this policy
706.2 POLICY
It is the policy of the Orange Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate an employee of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Orange Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Published with permission by Orange Police Department
Military Equipment - 3
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or their designee, the department may acquire, borrow and/or use military equipment that is not included in the Military Equipment Use Policy. If the department acquires, borrows, and/or used military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition nor use to the City Council within 30 days following the commencement of the exigent circumstances, unless such information is confidential or privileged under local, state or federal law. • If it is anticipated that the use will continue beyond the exigent circumstances, the department will submit a proposed amendment to the Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition, and/or use, and receive approval, as applicable, from the City Council. • Include the military equipment in the department's next annual Military Equipment Report.
706.6.1 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any employee of this department shall be approved for use and in accordance with this department policy. Military equipment used by other jurisdictions that are 337
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Military Equipment
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Military Equipment - 4
providing mutual aid to this department shall comply with their respective military equipment use policies in rendering mutual aid should not be used by any other law enforcement agency or personnel in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment are governed by department policy: Personnel Complaints. 338
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Military Equipment Inventory - 2024 PDF.pdf -
6 Military Equipment Inventory - 2024 PDF.pdf
Military Equipment Inventory - 2024 PDF.pdf
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2024 Orange Police Department Military Equipment Inventory List Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: DJI Mavic 2 Enterprise Dual; Quad propellers; FAA Flight number FA37MCM7CN Quantity: 1 Lifespan: 3-5 years
Capabilities: 24mm camera with ½.3” 12MP sensor and FLIR thermal imaging sensor. Together they can capture up to UHD 4K resolution video at 30 fps, or thermal imaging images and temperature data. Speeds of up to 44.7mph and up to 31 minutes of flight time Manufacturer’s Description: Flagship consumer drone with built in FLIR capabilities Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $4,622.00 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAS) Operations

Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: DJI Mavic 2 Pro; Quad propeller; FAA Flight number FA3LXY33RA and FA3LXY4WW4 Quantity: 2 Lifespan: 3-5 years
Capabilities: 970 grams; Flight time up to 30 minutes
Manufacturer’s Description: To make a drone that exists where engineering, technology, and the needs of the aerial photographer converge. A drone that embodies all of DJI's advanced, signature technologies, and is able to redefine what is possible for the world of aerial photography Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $2,392.00 each; $4,784.00 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAS) Operations

Equipment Type: Unmanned Aerial System (UAS) ;CA Gov’t Code §7070(c)(1) Description: DJI Phantom 4 Pro; Quad propeller; FAA Flight number FA3LXXTELR and FA3LXXX9NK Quantity: 2 Lifespan: 3-5 years
Capabilities: 30 minute flight time; 4K video; 5 direction obstacle sensing; up to 42 miles per hour; 1338 grams
Manufacturer’s Description: An updated camera is equipped with a 1-inch 20-megapixel sensor capable of shooting 4K/60fps video and Burst Mode stills at 14 fps. The adoption of titanium alloy and magnesium alloy construction increases the rigidity of the airframe and reduces weight, making the Phantom 4 Pro similar in weight to the Phantom 4. The Flight Autonomy system adds dual rear vision sensors and infrared sensing systems for a total of 5-direction of obstacle sensing and 4- direction of obstacle avoidance
Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $2,807.00 each; $5,614.00 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAS) Operations 341

Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: Mini 2; Quad propellers; FAA Flight number FA3FAP49RT Quantity: 1 Lifespan: 3-5 years
Capabilities: 249 grams; Flight time 31 minute; 4K video resolution; Speeds of up to 36mph Manufacturer’s Description: Small, lightweight consumer drone Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $499.00 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAS) Operations

Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: Mini 3; Quad propellers; FAA Flight number FA37FCLK4C Quantity: 1 Lifespan: 3-5 years
Capabilities: 248 grams; Flight time 38 minute; 4K video resolution; Speeds of up to 36mph Manufacturer’s Description: Small, lightweight consumer drone Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $699.00 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAS) Operations

Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: Matrice 30T; Quad propellers; FAA Flight number FA37FCHMYM Quantity: 1 Lifespan: 3-5 years
Capabilities: The Matrice 30T has a 48-megapixel camera; 5x-16x optical zoom; 5K/30 fps video resolution; 41 minute max flight time; Speeds of up to 45 mph; 3770 grams.

Manufacturer’s Description: The DJI Matrice 30T is designed for first responder use in harsh conditions. It is a powerful yet portable drone made for public safety. With over 41 minutes of flight time with an integrated camera, the 30T is small and mobile while still providing the image resolution needed for public safety tasks.

Purpose/Authorized Uses: Utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective Fiscal Impacts: $13,999.00 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal and Local laws governing police Search & Seizure
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy – Unmanned Aerial Systems (UAS) Operations

Specifications:
• Cruising speed: 75 MPH/ Max speed 90 MPH
• Stop distance with full load: 50 MPH -128’
• Engine 6.7L V8 Turbo Diesel
• 450 horsepower & 935 Ib-ft torque
• Operating range approximately 200 miles (4-6 mpg).
• Weight: approx. 17,550 lbs
• 40 gallon fuel tank
• Fuel tank protected by 1.4” steel
• Tires equipped with run flats
• 98 ½ inches wide (8.2 feet)
• 106 inches tall (8.8 feet)
Ballistic Capabilities:
• All 6 sides armored with Mil-Spec steel armor
• Testing has defeated (10) rounds from .50 CAL ball ammo at 0 degrees • Armor provides multi-hit protection from .30 cal rounds including windows
Manufacturer’s Description: Enhances the safety of Police, EMS, Tactical Response Teams, EOD units and Firefighters. The vehicle is capable of providing enhanced personal protection and survivability in threatening environments including but not limited to Natural Disasters, Riot Control, Barricaded Suspects, Search and Rescue and Hostage Situations. The Lenco BearCat is four-wheel drive and will operate in most weather and terrain conditions. The vehicle features Ballistic Armor, weapon ports, a top mounted rotating turret with adjustable height stand, and an array of specific electrical and mechanical options to meet the user’s specific needs
Purpose/Authorized Uses: ARV may be used for the following types of incidents; high risk search warrants, armed barricaded suspects in a structure or vehicle, armed suspects in an open area (large field, parking lot, etc.), SWAT call-outs, assisting an outside jurisdiction, downed person(s) rescues where a person(s) have been shot and is in need of rescue to get medical attention when the suspect(s) still poses a threat, evacuations from an active area where a threat of gun fire still exist, terrorist incident, mobile field force deployments for riot situations, for any event where the ARV would be deemed necessary to assist police officers and the public at risk, or SWAT and Mobile Field Force training
Fiscal Impacts: $266,069 initial cost; $1,750 annual maintenance Legal/Procedural Rules Governing Use: Authorized by the Watch Commander Training Required: Initial training by Lenco provided to training cadre; Initial training provided by LASD Special Enforcement Bureau; Agency authorized orientation and annual training Compliance Mechanisms: Department Policy – Vehicle Use

Equipment Type: Command and Control Vehicle; CA Gov’t Code §7070(c)(5) Description: 2002 Mattman Specialty Vehicle; Freightliner MT55 Command Coach; Black and white box truck clearly marked with reflective Agency name; red/blue lights; siren / PA system Quantity: 1 Lifespan: 25 years
Capabilities: Incident Command vehicle; Dispatch center; conference room; transportation of equipment to be used at on scene of mobile command
Manufacturer’s Description: The Freightliner MT-55 is a true heavy-duty delivery or emergency response vehicle. The MT-55's heavy-duty chassis offers a gross vehicle weight rating between 20,000 and 30,000 pounds and can accept freight up to 1,500 cubic feet. 343
Purpose/Authorized Uses: To provide a means of transportation for equipment and to be used on scene as the Incident Commander/SWAT Commander command and control vehicle Fiscal Impacts: $362,538.00 initial cost; $3,000 annual maintenance Legal/Procedural Rules Governing Use: Authorized by the Incident Commander / Watch Commander Training Required: Agency authorized orientation; yearly agency training Compliance Mechanisms: Operational use under the review of the Incident Commander or Watch Commander

Equipment Type: Command and Control Vehicle; CA Gov’t Code §7070(c)(5) Description: 2003 Mattman Specialty Vehicle; Workhorse P30042 SWAT Equipment Truck; Black and white box truck clearly marked with reflective Agency name; red/blue lights; siren / PA system Quantity: 1 Lifespan: 25 years
Capabilities: Provides a tactical command post location that can assist with the response to critical incidents; contains designated areas for equipment storage and crisis negotiation operations Manufacturer’s Description: Step-van used for a variety of purposes Purpose/Authorized Uses: Designated as tactical command post during SWAT activations Fiscal Impacts: $150,000 Initial cost; $1,300 annual maintenance Legal/Procedural Rules Governing Use: Department Policy – Crisis Response Unit Training Required: Agency authorized orientation; yearly agency training Compliance Mechanisms: Department Policy – Crisis Response Unit

Equipment Type: Explosive Breaching Tools; CA Gov’t Code §7070(c)(7) Description: Remington 870 Wingmaster breaching shotgun; a specially converted shotgun designed to fire a specialty round to defeat or destroy deadbolts, hinges and locks Quantity: 2 Lifespan: round and use dependent
Capabilities: Range is 6 inches or less
Manufacturer’s Description: A specially converted 12 gauge shotgun that fires a specialty breaching round
Purpose/Authorized Uses: Used to force entry into a structure by disabling the door lock mechanisms, doorknobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; Shotgun is used to rapidly destroy a deadbolt, hinge or lock while reducing the danger to people behind or around the targeted door; SWAT equipment subject to Department Policy – Crisis Response Unit
Fiscal Impacts: $765.77 each; $1,531.54 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police Search & Seizure; SWAT equipment subject to Department Policy – Crisis Response Unit Training Required: POST approved Tactical Breaching for trainers; 16 hours “Breaching Course”; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Crisis Response Unit

Equipment Type: Explosive Breaching Ammunition; CA Gov’t Code §7070(c)(7) Description: Royal Arms, TESAR-1, Orange CAP 275 Grain Copper Frangible Breaching Round Quantity: 45; Ideal inventory - 25 Lifespan: N/A
Capabilities: When deployed, can defeat door lock mechanisms, door knobs, hinges, dead bolts, safety chains and pad locks on both wooden or hallow core doors Manufacturer’s Description: Orange Cap 2-3/4” 275 Grain Compressed Copper Frangible 12 Gauge Shotgun Slug
Slug Material: Copper Powder
Velocity: 1,750 Ft p/sec -18” Barrel
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Use: For Wood Doors, Solid & Hollow
Defeats: Solid Wood Doors, Locks & Hinges
Purpose/Authorized Uses: Used to force entry into a structure by disabling the door lock mechanisms, doorknobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; used to rapidly destroy a deadbolt, hinge or lock while reducing the danger to people behind or around the targeted door; SWAT equipment subject to Department Policy – Crisis Response Unit
Fiscal Impacts: $4.50 per round; $112.50 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police Search & Seizure; SWAT equipment subject to Department Policy – Crisis Response Unit Training Required: POST approved Tactical Breaching for trainers; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Crisis Response Unit

Equipment Type: Explosive Breaching Ammunition; CA Gov’t Code §7070(c)(7) Description: Royal Arms FTR-P1 Training Ammunition (Poly Shot) Quantity: 45; Ideal inventory - 50 Lifespan: N/A
Capabilities: Ideal for training on breaching locking mechanisms on solid and hollow core doors Manufacturer’s Description: Royal Arms Frangible Training Breaching Ammunition offers a low-cost round for Tactical Teams to practice, without the heavy recoil of Breaching Rounds so you can shoot these all day long. This load is designed for pump shotguns and will not function Semi Auto. It has enough power to effectively breach training doors, yet has 1/3 the recoil and payload. The round is non-toxic and has no metal projectiles and is loaded with #4 polyethylene shot Purpose/Authorized Uses: Used to train on how to force entry into a structure by disabling the door lock mechanisms, doorknobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; Used to force entry into a structure by disabling the door lock mechanisms, door knobs, hinges, dead bolts, safety chains and pad locks on both wooden or hollow core doors; SWAT equipment subject to Department Policy – Crisis Response Unit Fiscal Impacts: $2.00 per round; $100.00 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police Search & Seizure; SWAT equipment subject to Department Policy – Crisis Response Unit Training Required: POST approved Tactical Breaching for trainers; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Crisis Response Unit

Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Colt LE M4 AR 15 16.1 556 30 RD
Quantity: 167 Lifespan: Round and use dependent
Capabilities: Operational range 1 mile
Manufacturer’s Description: To be used as precision weapon to address a threat with more precision and/or at greater distance than a handgun, if present and feasible Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter • When an officer is faced with a situation that may require accurate and effective fire at long range
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage
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• When an officer reasonably believes that a suspect may be wearing body armor • When authorized or requested by a supervisor
• When needed to euthanize an animal
Fiscal Impacts: $1,088.10 each; $181,714.33 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy - Firearms

Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Accuracy International AT Law Enforcement, .308 Caliber Quantity: 1 Lifespan: Round and use dependent
Capabilities: The Accuracy International AT Law Enforcement rifle fires with extreme precision at different distances. The barrel, which is shorter than common hunting / long distance rifles, allows for tactical applications. Accuracy International supplies multiple law enforcement agencies around the world with high quality precision rifles.

Manufacturer’s Description: The AT is a culmination of ideas and requests from both the law enforcement community and civilian tactical shooters, resulting in a tactical rifle system that delivers leading-edge capability and unmatched value. The AT provides the end user with the latest in Accuracy International’s long line of battle-proven features and adheres to Accuracy International’s long-standing dedication to accuracy, reliability, ruggedness and quality.

Purpose/Authorized Uses: Used as a long-rage precision weapon system capable of delivering accurately placed shots on target through a greater magnification at longer ranges Fiscal Impacts: $10,803.47 each
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: Basic SWAT School; Basic Sniper School Compliance Mechanisms: Department Policy – Firearms; Crisis Response Unit

Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Stiller TAC 30, Grayboe Ridgeback, Timney Model 510 Trigger, .308 Caliber Quantity: 3 Lifespan: Round and use dependent
Capabilities: The Stiller Tac 30 Rifle is a custom built rifle made by Jim Gruning with Gruning Precision.

Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Remington 700 Police LTR .308 bolt Action
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Quantity: 1 Lifespan: Round and use dependent
Capabilities: The Remington 700 Police LTR is one of the most popular police sniper rifles used. It is known for its accuracy, durability and reliability. The department’s Remington 700 has been modified with a Gruning precision heavy barrel and Timney trigger system. The custom heavy barrel is shorter than any other common hunting / long distance rifle which allows for tactical applications.

Manufacturer’s Description: Specialties include customizing the bolt action rifle, M1A, AR15, and AR10 style rifles. Remington manufactures a complete line of durable products, including scope rings, bases, and mounts
Purpose/Authorized Uses: Used as a long-rage precision weapon system capable of delivering accurately placed shots on target through a greater magnification at longer ranges.

Fiscal Impacts: $814.14 each
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: Basic SWAT School; Basic Sniper School Compliance Mechanisms: Department Policy – Firearms; Crisis Response Unit

Equipment Type: Ammunition of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Winchester Q3131, Full Metal Jacket 5.56MM, 55 Grain Training Ammunition; 1000 rounds/case
Quantity: 30,000 rounds; ideal inventory – 96,000
rounds
Lifespan: N/A
Capabilities: 3240 fps; 1282 ft-lbs
Manufacturer’s Description: Winchester USA Centerfire Rifle Ammunition is the ideal choice for training or extended sessions at the range providing great performance at a value price. Winchester Q3131A features a 55 grain full metal jacket bullet in a fully reloadable boxer primed brass case. This is some of the most sought after and hard to find ammunition. It is Winchester's version of the legendary XM-193 load
Purpose/Authorized Uses: Used for training environments as ammunition for rifles Fiscal Impacts: $0.45 per round; $43,200.00 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy – Firearms; Use of Force

Equipment Type: Ammunition of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Winchester RA223R, Ranger, Pointed Soft Point .223 REM, 55 grain Duty Ammunition; 1000 rounds/case
Quantity: 5,550; ideal inventory – 6,000 Lifespan: N/A
Capabilities: 3240 fps; 1282 ft-lbs
Manufacturer’s Description: This Winchester Ranger 223 Remington ammo features a 55 Grain Pointed Soft Point bullet. Winchester Ranger is the highest quality hollow point ammunition money can buy. This Winchester Ranger .223 55 grain Power Point Soft Point is intended for Law Enforcement use. This Winchester Ranger .223 Remington is new ammo and is not Police Department surplus. This Winchester Ranger 223 Remington has a muzzle velocity of 3240 feet per second and a muzzle energy of 1282 foot pounds. Winchester Ranger ammo is reloadable, features brass cases and boxer primers. This ammunition is non-corrosive
Purpose/Authorized Uses: Used as duty round for rifle
Fiscal Impacts: $0.66 per round; $3,960.00 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
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Training Required: P.O.S.T. approved 16-hour class; Quarterly qualifications Compliance Mechanisms: Department Policy – Firearms; Use of Force

Equipment Type: Ammunition of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Hornady 80725, .308 WIN Tactical Application Police (TAP), 168 Grain, ELD Match TAP Precision; 200 rounds per case
Quantity: 400; ideal inventory – 3,000 Lifespan: N/A
Capabilities: This ammunition is used by a wide range of police agencies in the US. It is known for its accuracy, stopping power and rarely over penetrates. It can be used in multiple SWAT applications including but not limited to, short range engagements, long range engagements, barricaded subjects, barrier shooting and hostage rescue shots; 2700 fps
Manufacturer’s Description: Hornady® 308 WIN TAP 168 gr. ELD® MATCH TAP PRECISION® ammunition was designed as an improvement on the 168 gr. A-MAX TAP PRECISION® load by incorporating the new ELD® Match bullet. The 168 gr. ELD® Match bullet with Heat Shield® tip delivers the excellent terminal performance TAP Precision® is known for, but features a resilient, heat resistant polymer tip that improves the ballistic coefficient, resulting in higher impact velocities, less drop, less wind drift, and more energy on target.

Purpose/Authorized Uses: Used as duty round for rifle.

Fiscal Impacts: $1.25 each; $3,750.00 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force
Training Required: Basic Sniper School; monthly training and qualification Compliance Mechanisms: Department Policy – Firearms; Use of Force, Crisis Response Unit

Equipment Type: “Flashbang” grenade; CA Gov’t Code §7070(c)(12) Description: Defense Technology 8922NRSC, Low Roll II Non-Reloadable Distraction Device with Safety Clip
Quantity: 20; ideal inventory - 20 Lifespan: 5 years
Capabilities: Diversionary devices are categorized as a low order explosive that deflagrates rather than detonate. Their burn rate is measured in feet per second vs. miles per second (high order explosive). Initiation of the device is through a thermal process, which generates a sudden and rapid escape of gases from the device resulting in a brilliant light and loud noise. This deflagration may disorient and confuse a person by causing “sensory overload” for a few seconds and provide a tactical advantage for SWAT teams.

Manufacturer’s Description: The Low Roll II™ Non-Reloadable Distraction Device® utilizes an M201A1 type fuse with Hex design steel body. This compact version of the 8933 Low Roll body is the newest version of the original reusable non-bursting canister that limits movement and rolling once deployed.

Purpose/Authorized Uses: Used as distraction light and sound device during tactical operation Fiscal Impacts: $79.89 each; $1,597.80 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 16-hour POST approved Diversionary Device Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Crisis Response Unit

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Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology 1072; Spede Heat CS Continuous Discharge Chemical Grenade Quantity: 5; ideal inventory 5 Lifespan: 5 years
Capabilities: Ideal use is for crowd control or other outdoor uses Manufacturer’s Description: The Spede-Heat™ Grenade is a high volume, continuous discharge grenade available in OC, CN or CS. In the OC, CN and CS configurations, pelletized chemical agent is discharged through four (4) gas ports located on top of the canister, three (3) on the side, and one (1) on the bottom. Designed specifically for outdoor use in crowd control situations, the SpedeHeat™ Grenade is built on the old style larger canister. It is a high volume continuous burn device that expels its payload in approximately 20 - 40 seconds from a single source. The longer burn time may allow for throwback by individuals wearing burn protection such as a welder’s mitt. The canisters may be protected from advancing individuals with the use of less lethal impact munitions. The device should be deployed utilizing wind advantage. It should NOT be deployed onto rooftops, in crawl spaces, or indoors due to its fire-producing capability. Hand throw or launch. Launching of grenades will provide deploying officers additional stand-off distances. Affords very good coverage for large outdoor areas.

Purpose/Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts: $29.50 each; $147.50 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit

Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology 1016 Pocket Tactical CS Grenade Quantity: 4; ideal inventory 5 Lifespan: 5 years
Capabilities: Due to its smaller size, the operator can carry it on their person. It can be used to contain smoke or other chemical agents
Manufacturer’s Description: The Pocket Tactical Grenade is a quick burning, reduced volume, continuous discharge grenade available in OC, CN, CS, and Saf-Smoke™. Pelletized chemical agent or smoke is discharged through one (1) gas port located on the bottom of the canister. The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of chemical agent or smoke for certain situations. It was designed with the tactical team in mind for distraction, concealment, rescue, or signaling. The pocket grenade is not specifically intended as a crowd management device; however, it can be used in chemical configurations in conjunction with larger smoke canisters to “piggy back” chemical agent into a predominately smoke environment. This device should be deployed utilizing wind advantage
Purpose/Authorized Uses: Used in tactical situations to gain compliance Fiscal Impacts: $20 each; $100 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit Training Required: 40-hour POST Approved Chemical Agent Instructor School; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit

Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology Flameless Tri-Chamber CS, Model 1032 Quantity: 11; ideal inventory - 10 Lifespan: 5 years
Capabilities: Capable of being used for crowd control and barricaded subjects 349
Manufacturer’s Description: The Tri-Chamber Flameless Grenade is designed for indoor use. This grenade’s pyrotechnic contents are burned within an internal can that is one of three in this design.

Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(14)
Description: Defense Technology Ferret 40mm CS Powder, Model # 2292 Quantity: 20; ideal inventory -25 Lifespan: 5 years
Capabilities: Designed to disperse non-flammable chemical agent creating temporary discomfort through pain compliance; used at a distance and launched from 40mm device Manufacturer’s Description: The Ferret® 40mm Round is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood.

Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the Ferret® 40mm is primarily used to dislodge barricaded subjects from very small, confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. The Ferret® 40mm Round is available with either liquid or powder carriers for the agent. Once delivered, powder carriers tend to keep the agent airborne longer than liquid carriers and may have more effect. Liquid carriers contain red dye to aid in shot placement. Shot placement and trajectory considerations should be based on hardness of the barrier.

Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Lewis Machine & Tool, Model 40 MTS; 40 MM Launcher Quantity: 10 Lifespan: Use and round dependent
Capabilities: Used to gain compliance; able to fire sponge rounds and chemical agent ferret rounds Manufacturer’s Description: The 40LMTS is a tactical 40mm single shot launcher that features an expandable stock and an adjustable Integrated Front Grip (IFG) with a light rail. The Ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. This weapon is NOT designed to fire 40mm High Velocity HE ammunition. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems Purpose/Authorized Uses: Used to gain compliance as less lethal control device and deliver chemical agents when necessary
Fiscal Impacts: $855.55 each; $8555.50 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit

Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Defense Technology Model 1425 40 MM Launcher Quantity: 14 Lifespan: Use and round dependent
Capabilities: Used to gain compliance; able to fire sponge rounds and chemical agent ferret rounds Manufacturer’s Description: The 40LMTS is a tactical 40mm single shot launcher that features an expandable stock and an adjustable Integrated Front Grip (IFG) with a light rail. The Ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. This weapon is NOT designed to fire 40mm High Velocity HE ammunition. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems Purpose/Authorized Uses: Used to gain compliance as less lethal control device and deliver chemical agents when necessary
Fiscal Impacts: $855.55 each; $11,977.70 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit

Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Penn Arms PGL65-40 Multi-Launcher
Quantity: 1 Lifespan: Use and round dependent
Capabilities: Used to gain compliance; able to fire sponge rounds and chemical agent ferret rounds Manufacturer’s Description: PENN ARMS has set the standard for less-lethal launchers world wide for over 20 years. Their patented designs are small, lightweight, and operationally versatile. Constructed out of the highest grade of materials to a high standard of quality, PENN ARMS is Dedicated To Your Mission®
Purpose/Authorized Uses: Used to gain compliance as less lethal control device and deliver chemical agents when necessary
Fiscal Impacts: $3,300 inventory
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Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy – Control Devices and Techniques; Crisis Response Unit

Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: Defense Technology 6325 40mm Smokeless Exact Impact Sponge Quantity: 140; ideal inventory - 450 Lifespan: 5 years
Capabilities: launched from a 40mm launcher to gain compliance as less lethal control device Manufacturer’s Description: The 40mm eXact iMpact™ Sponge Round has evolved from the design of the 40mm XM1006 projectile, developed by the US Army Research Laboratory. This lightweight, high- speed projectile incorporates a plastic body and a foam (sponge) nose which is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and has velocities that are extremely consistent. The 40mm eXact iMpact™ Sponge Round is a “point-of-aim, point-of-impact” direct fire round that is most commonly used by tactical teams in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non-compliant subject. In many municipalities, these are being selected for both tactical call outs and as an available option for patrol. The 40mm eXact iMpact™ Sponge Round is intended for direct fire deployment. The operator should be adequately trained in the use of Less Lethal Impact Munitions and have a thorough understanding of the round and considerations for selecting shot placement such as level of threat, target distance, size and clothing. The 40mm eXact iMpact™ Sponge Round will prove most successful for incapacitation when used within its optimal energy range of approximately 5 – 40 meters, although it may used in situations from 1.5 – 50 meters. The optimal zone offers the necessary energy and accuracy to target the large muscle groups of the buttocks, thigh, and even the knees of the subject. These areas provide sufficient pain stimulus, while greatly reducing serious or life-threatening injuries. The 40mm eXact iMpact™ Sponge Round can also be deployed in crowd control situations to protect the riot line, cover or enhance chemical munitions, or targeting specific agitators and organizers of the crowd. When used in this fashion, it is primarily both a psychological deterrent and physiological distraction serving as a pain compliance device to either get the crowd or subject moving or keeping them at a designated distance Purpose/Authorized Uses: Used to gain compliance and break windows on vehicle and structures Fiscal Impacts: $19.16 per round;/ $8,622.00 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy – Control Devices and Techniques

Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: PepperBall, Full Tactical Carbine (FTC) Launcher Quantity: 2 Lifespan: Round and use dependent
Capabilities: Launches small less lethal inert or chemical agent rounds to gain compliance Manufacturer’s Description: FTC is a high-capacity, semi-automatic launcher that is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration Purpose/Authorized Uses: Less lethal control device used to gain compliance Fiscal Impacts: $360.00 each; $720.00 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques 352

Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: Tippman, Model 68 Carbine projectile launcher Quantity: 4 Lifespan: Round and use dependent
Capabilities: Launches small less lethal inert or chemical agent rounds to gain compliance Manufacturer’s Description: Original maker bought by PepperBall Purpose/Authorized Uses: Less lethal control device used to gain compliance Fiscal Impacts: $499.50 each; $1,998.00 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques

Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: Mission Less Lethal, M2100, MLR Full Auto Carbine Launcher Quantity: 2 Lifespan: Round and use dependent
Capabilities: Launches small less lethal inert or chemical agent rounds to gain compliance Manufacturer’s Description: Technical Specs
Item: PepperBall Launcher; Type: Full Auto Launcher; Approx. No. of Shots: 200; Overall Height: (In.) 21 in; Container Size: 135.2 oz.; Spray Line Length (Ft.) 60 to 160; Color: Black/Orange Purpose/Authorized Uses: Less lethal control device used to gain compliance Fiscal Impacts: $599.20 each; $1,198.40 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques

Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: Mission Less Lethal M1120500 Pepper Projectiles (OC2 (1% OC and 4% PAVA) Quantity: Discontinued; 4,000 inventory Lifespan: 3 years Capabilities: able to be launched and used to gain compliance through chemical agent irritation Manufacturer’s Description: Mission Less Lethal is a supplier of less-lethal pepper round launchers for nearly 20 years. our products are widely used by thousands of Federal, State, Local, International police, military, and private security agencies.

Purpose/Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts: $1.33 per round; $5,320.00 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques

Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall LiveX Projectiles (5% PAVA)
Quantity: 600; 2,200 ideal inventory Lifespan: 3 years
Capabilities: able to be launched and used to gain compliance through chemical agent irritation 353
Manufacturer’s Description: Our most potent and powerful concentration of PAVA pepper powder.

At 5% PAVA, a LIVE-X™ round contains double the amount of PAVA chemical agent of a regular PepperBall® LIVE SD™ round. PAVA is based on one of the hottest of the six capsaicinoids found in pepper plants. PepperBall products contain only safe, pure, non-oil based PAVA and are non- flammable. Ingredient consistency ensures each projectile operates with quality and effectiveness Purpose/Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts: $2.14 per round; $4,708.00 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques

Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall Live Projectiles (2% PAVA)
Quantity: Discontinued; 1,275 inventory Lifespan: 3 years Capabilities: Able to be launched and used to gain compliance through chemical agent irritation Manufacturer’s Description: The live PepperBall® round contains 2.0% PAVA. It is effective for direct impact and area saturation when there is no line of sight. PAVA is based on one of the hottest of the six capsaicinoids found in pepper plants. PepperBall products contain only safe, pure, non-oil based PAVA and are non-flammable. Ingredient consistency ensures each projectile operates with quality and effectiveness
Purpose/Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts: $1.63 per round; $2,078.25 inventory
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques

Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall Inert Projectiles (No irritant) Quantity: 1,500; ideal inventory - 1,500 Lifespan: 3 years Capabilities: Able to be launched and used to gain compliance through pain of impact Manufacturer’s Description: Containing a harmless, scented powder, this projectile is best suited for practice or direct impact when chemical exposure is not desired Purpose/Authorized Uses: Less lethal control munition used to gain compliance Fiscal Impacts: $0.74 per round; $1,110.00 to maintain ideal inventory Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force; Department Policy – Use of Force; Crisis Response Unit; Control Devices and Techniques Training Required: 16-hour PepperBall Instructor / Armorer Certification Course; Agency authorized orientation course; annual refresher
Compliance Mechanisms: Department Policy – Control Devices and Techniques

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Smith & Wesson Model 5906 – 9mm – SIMUNTION PISTOL Quantity: 9 Lifespan: Use and round dependent
Capabilities: Provides realistic training with actual weight and look of real pistol using non-lethal munitions
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Manufacturer’s Description: N/A
Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0; converted old pistols
Legal/Procedural Rules Governing Use: Department Policy - Training Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Glock 17 – 9mm – SIMUNTION PISTOL
Quantity: 7 Lifespan: Use and round dependent
Capabilities: Provides realistic training with actual weight and look of real pistol using non-lethal munitions
Manufacturer’s Description: N/A
Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0; converted old pistols
Legal/Procedural Rules Governing Use: Department Policy - Training Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Glock 22; .40 Caliber SIMUNTION PISTOL
Quantity: 3 Lifespan: Use and round dependent
Capabilities: Provides realistic training with actual weight and look of real pistol using non-lethal munitions
Manufacturer’s Description: N/A
Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0; converted old pistols
Legal/Procedural Rules Governing Use: Department Policy - Training Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Force on Force M4/M16 Conversion Bolt Kit
Quantity: 20 Lifespan: Use and round dependent
Capabilities: Provides realistic training by allowing operator to use their actual rifle with a bolt that is used for non-lethal munitions.

Manufacturer’s Description:
• Designed to fire Force on Force 5.56mm marker rounds
• Doesn’t interfere with on-gun accessories
• Prevents firing of lethal ammunition
Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $329.99 each; $6,599.80 inventory
Legal/Procedural Rules Governing Use: Department Policy – Training; Crisis Response Unit Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training

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Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Simunition FX Original Marking Cartridge – 9mm Quantity: 1000 Lifespan: 3 years
Capabilities: Used in SIM weapons to provide realistic training Manufacturer’s Description: The FX® marking cartridges, which come in six colors, are at the core of the FX® Training System known as "the world's most realistic close-range combat training system".

The patented, reduced-energy, non-lethal cartridges leave a detergent-based, water-soluble color- marking compound. The visible impacts allow accurate assessment of simulated lethality. The cartridges are available in .38 cal. and 9mm and feature tactical accuracy up to 25 feet (7.6 meters).

The 5.56mm is tactically accurate with ball cartridges to 100 feet (30 meters). No special ballistic facilities are required. They meet the need for a force-on-force and person-to-person training system that is realistic, effective, inexpensive, adaptable and fully portable Purpose/Authorized Uses: Training scenarios
Fiscal Impacts: $0.51 each; $253 / case of 500
Legal/Procedural Rules Governing Use: Department Policy – Training; Crisis Response Unit Training Required: 24-hour Simunition FX Scenario Instructor and Safety Certification Course for Instructors and Facilitators; Agency authorized orientation course; annual refresher Compliance Mechanisms: Department Policy - Training

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Simunition FX Original Marking Cartridge – .223 Quantity: 6,800 Lifespan: 3 years
Capabilities: Used in SIM weapons to provide realistic training Manufacturer’s Description: The FX® marking cartridges, which come in six colors, are at the core of the FX® Training System known as "the world's most realistic close-range combat training system".

The patented, reduced-energy, non-lethal cartridges leave a detergent-based, water-soluble color- marking compound. The visible impacts allow accurate assessment of simulated lethality. The cartridges are available in .38 cal. and 9mm and feature tactical accuracy up to 25 feet (7.6 meters).

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TRUST ▪ CARE ▪ COMMITMENT

SUPPORT SERVICES DIVISION

2024 ANNUAL MILITARY EQUIPMENT REPORT
The Orange Police Department’s Military Equipment Policy No. 706 requires the Police Department to present an annual report to the City Council. The annual report, as mandated by Government Code sections 7071 & 7072, requires the Police Department to present the following:

1. Summary of Use
A summary of how the military equipment was used and the purpose of its use. • The Annual Report (Attachment A) lists a summary of the purpose and use of military equipment by the Orange Police Department.

2. Complaints and Concerns
A summary of any complaints or concerns received concerning the military equipment. • None.

3. Internal Audits
The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
• The results of the internal audits are documented in the Military Equipment Policy, which includes updated quantities for military equipment.
• There have been no violations of the military equipment use policy.

4. Annual Costs
The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrades, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
• The Military Equipment Policy document includes costs for equipment with applicable expenses.

5. Quantity and Type of Equipment
The quantity possessed for each type of military equipment. • The quantity and description of each item is documented in the Military Equipment Policy.

6. Future Acquisition
If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
• The Orange Police Department does not have any immediate plans to acquire new military equipment.

However, replenishment of military equipment may become necessary if current inventories are used or become expired throughout the next year. Current purchasing protocols will be followed if these purchases become necessary.
• If circumstances arise that require or necessitate the Orange Police Department to acquire new military equipment, the appropriate purchasing protocols will be followed, depending on the price and/or type of equipment that needs to be acquired.

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Attachment A - 2024 Annual Report: Military Equipment Inventory Uses Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: DJI Mavic 2 Enterprise Dual; Quad propellers; FAA Flight number FA37MCM7CN Uses: Used intermittently throughout the year at large public events to provide real-time aerial images and situational awareness. It is also used to take high resolution photographs of large crime scenes and traffic collision scenes for documentation. Drones have also been used to search for missing persons and suspects in large areas that are not easily traversed by officers.

Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: DJI Mavic 2 Pro; Quad propeller; FAA Flight number FA3LXY33RA and FA3LXY4WW4 Uses: Used intermittently throughout the year at large public events to provide real-time aerial images and situational awareness. It is also used to take high resolution photographs of large crime scenes and traffic collision scenes for documentation. Drones have also been used to search for missing persons and suspects in large areas that are not easily traversed by officers.

Equipment Type: Unmanned Aerial System (UAS) ;CA Gov’t Code §7070(c)(1) Description: DJI Phantom 4 Pro; Quad propeller; FAA Flight number FA3LXXTELR and FA3LXXX9NK Uses: No uses.

Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: Mini 2; Quad propellers; FAA Flight number FA3FAP49RT Uses: Deployed daily in the field with motor officers. This equipment is used to assist patrol officers by providing real-time aerial images of areas not safely accessed by officers. It is also used to take high resolution photographs of large crime scenes and traffic collision scenes for documentation.

Drones have also been used to search for missing persons and suspects in large areas that are not easily traversed by officers.

Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: Mini 3; Quad propellers; FAA Flight number FA37FCLK4C Uses: Deployed daily in the field with motor officers. This equipment is used to assist patrol officers by providing real-time aerial images of areas not safely accessed by officers. It is also used to take high resolution photographs of large crime scenes and traffic collision scenes for documentation.

Drones have also been used to search for missing persons and suspects in large areas that are not easily traversed by officers.

Equipment Type: Unmanned Aerial System (UAS); CA Gov’t Code §7070(c)(1) Description: Matrice 30T; Quad propellers; FAA Flight number FA37FCHMYM Uses: Used intermittently throughout the year at large public events to provide real-time aerial images and situational awareness. It is also used to take high resolution photographs of large crime scenes and traffic collision scenes for documentation. Drones have also been used to search for missing persons and suspects in large areas that are not easily traversed by officers.

Equipment Type: Wheeled Vehicle that has a breaching or entry apparatus attached; CA Gov’t Code §7070(c)(3)
Description: Lenco BearCat G2 (Armored Rescue Vehicle); Black armored, wheel vehicle; White reflective agency name; red/blue lights; siren / PA system; Removable hydraulic boom/ram Uses: This equipment is used for several public service events including new applicant testing and National Night Out. The equipment is used intermittently throughout the year for training all officers 358
about the safety capabilities of vehicle. The SWAT Team also uses the equipment at monthly trainings intermittently throughout the year to enhance familiarity and efficacy of the vehicle.

This equipment was also used during three specific incidents described below:

➢ A suspect with outstanding arrest warrants led officers on a vehicle pursuit, which resulted in the suspect’s vehicle being disabled after it collided with other vehicles. When the suspect refused to exit the vehicle, this equipment was used to prevent further danger to the community and officers by immobilizing the suspect’s vehicle. It also provided a ballistic safety barrier for officers while they were positioned in a close proximity to the suspect’s vehicle, and allowed them to safely deploy projectile munitions into the vehicle. This ultimately resulted in the suspect being safely apprehended.

➢ This equipment was used while the SWAT team served a search warrant at a residence for a bank robbery investigation. This equipment provided ballistic protection for the officers as they moved closer to the residence, and provided a ballistic safety barrier for officers while the occupants of the residence exited and were detained. This resulted in the search warrant service being completed without any injuries to officers, members of the public, or those detained during the investigation.

➢ A suspect was contacted in a stolen vehicle and refused to exit the vehicle. This equipment was used to prevent danger to the community and officers by immobilizing the suspect’s vehicle. It also provided a ballistic safety barrier for officers while they were positioned in a close proximity to the suspect’s vehicle, and allowed them to safely deploy projectile munitions into the vehicle. This ultimately resulted in the suspect safely surrendering.

➢ This equipment was used while the SWAT team served a search warrant at a residence for a homicide investigation. This equipment provided ballistic protection for the officers as they moved closer to the residence, and provided a ballistic safety barrier for officers while the occupants of the residence exited and were detained. This resulted in the search warrant service being completed without any injuries to officers, members of the public, or those detained during the investigation.

➢ Officers located a vehicle that had been taken during a carjacking involving a firearm. This equipment provided ballistic protection for the officers while they immobilized the vehicle and later confirmed nobody was inside. This resulted in the vehicle being recovered and returned to the owner while keeping the officers and members of the public safe.

This equipment was also used during three specific incidents described below:

➢ This equipment was used to transport the SWAT team and equipment to serve a search warrant at a residence for a bank robbery investigation.

➢ This equipment was used to transport the SWAT team and equipment to serve a search warrant at a residence for a homicide investigation.

Equipment Type: Explosive Breaching Ammunition; CA Gov’t Code §7070(c)(7) Description: Royal Arms, TESAR-1, Orange CAP 275 Grain Copper Frangible Breaching Round Uses: No uses.

Equipment Type: Explosive Breaching Ammunition; CA Gov’t Code §7070(c)(7) Description: Royal Arms FTR-P1 Training Ammunition (Poly Shot) Uses: No uses.

Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Colt LE M4 AR 15 16.1 556 30 RD
Uses: Deployed daily in the field during patrol functions, but no uses other than intermittent training throughout the year.

Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Accuracy International AT Law Enforcement, .308 Caliber Uses: No uses.

Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Stiller TAC 30, Grayboe Ridgeback, Timney Model 510 Trigger, .308 Caliber Uses: No uses other than during intermittent training throughout the year. This equipment was deployed during overwatch duties to increase public and officer safety at the following events:

➢ Orange International Street Fair

➢ While the SWAT team served a search warrant at a residence for a bank robbery investigation.

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➢ and when the to increase public safety, but no uses other than intermittent training throughout the year.

Equipment Type: Firearms of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Remington 700 Police LTR .308 bolt Action
Uses: No uses other than during intermittent training throughout the year. This equipment was deployed during overwatch duties to increase public and officer safety at the following events:

➢ Orange International Street Fair

➢ While the SWAT team served a search warrant at a residence for a bank robbery investigation.

Equipment Type: Ammunition of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Winchester RA223R, Ranger, Pointed Soft Point .223 REM, 55 grain Duty Ammunition; 1000 rounds/case
Uses: Deployed daily in the field during patrol functions as duty ammunition, but no uses other than intermittent training throughout the year.

Equipment Type: Ammunition of less than .50 caliber; CA Gov’t Code §7070(c)(10) Description: Hornady 80725, .308 WIN Tactical Application Police (TAP), 168 Grain, ELD Match TAP Precision; 200 rounds per case
Uses: Deployed in the field each time a .308 caliber firearm was used in the field (see above). Used for all SWAT Long Rifle Unit (LRU) monthly trainings and qualifications

Equipment Type: “Flashbang” grenade; CA Gov’t Code §7070(c)(12) Description: Defense Technology 8922 Low Roll II Non-Reloadable Distraction Device Uses: Used intermittently during SWAT team training. All three of these devices were used during training, and they were not replaced due to the equipment being discontinued.

Equipment Type: Flashbang” grenade; CA Gov’t Code §7070(c)(12) Description: Defense Technology 8922NRSC, Low Roll II Non-Reloadable Distraction Device with Safety Clip
Uses: Used intermittently during SWAT team training. This equipment was also used during the following incident:

➢ While the SWAT team served a search warrant at a residence for a bank robbery investigation.

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Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology 1072; Spede Heat CS Continuous Discharge Chemical Grenade Uses: No uses.

Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology 1016 Pocket Tactical CS Grenade Uses: Used at one SWAT training.

Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(12)
Description: Defense Technology Flameless Tri-Chamber CS, Model 1032 Uses: Used at one SWAT training.

Equipment Type: Tear Gas; CA Gov’t Code §7070(c)(14)
Description: Defense Technology Ferret 40mm CS Powder, Model # 2292 Uses: No uses.

Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Lewis Machine & Tool, Model 40 MTS; 40 MM Launcher Uses: Deployed daily in the field during patrol functions. This equipment was used intermittently throughout the year during training for all officers to qualify by firing at least two projectiles.

Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Defense Technology Model 1425 40 MM Launcher Uses: Deployed daily in the field during patrol functions, used intermittently throughout the year for training, and used for all officers to qualify by firing at least two projectiles. This equipment was used during the following incidents:

➢ Another police agency was involved in a pursuit that ended in the City of Orange. Officers used this equipment to break a window on the suspect’s vehicle from a safe distance, which allowed officers to see inside the vehicle. This resulted in the officers from another agency apprehending the suspect without being exposed to unnecessary risk and without any injuries to officers or members of the public.

➢ A suspect was contacted in a stolen vehicle and refused to exit the vehicle. This equipment was used to break a window on the suspect’s vehicle from a safe distance, which allowed officers to see inside the vehicle and establish communication with the suspect. This ultimately resulted in the suspect safely surrendering without any injuries to officers, members of the public, or the suspect.

Equipment Type: Projectile Launch Platform ; CA Gov’t Code §7070(c)(14) Description: Penn Arms PGL65-40 Multi-Launcher
Uses: No uses.
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Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: Defense Technology 6325 40mm Smokeless Exact Impact Sponge Uses: Deployed daily in the field during patrol functions, used intermittently throughout the year for training, and used for all officers to qualify by firing at least two projectiles. This equipment was used during the following incidents:

Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: PepperBall, Full Tactical Carbine (FTC) Launcher Uses: This equipment is used intermittently at SWAT Team monthly trainings.

Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: Tippman, Model 68 Carbine projectile launcher Uses: Deployed daily in the field during patrol functions and used intermittently throughout the year for training. This equipment was used during the following incidents:

➢ A suspect who was in violation of a restraining order was believed to be barricaded in a shed. This equipment was used to introduce projectile munitions inside the shed to cause discomfort and possibly cause the suspect to exit. After the projectile munitions were introduced, it was determined the suspect was not inside the shed. The suspect was later found hiding nearby and was safely apprehended.

Equipment Type: Projectile Launch Platform; CA Gov’t Code §7070(c)(14) Description: Mission Less Lethal, M2100, MLR Full Auto Carbine Launcher Uses: This equipment is used intermittently at SWAT Team monthly trainings.

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Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: Mission Less Lethal M1120500 Pepper Projectiles (OC2 (1% OC and 4% PAVA) Uses: Deployed daily in the field during patrol functions. This equipment was used during the following incidents:

➢ A suspect who was in violation of a restraining order was believed to be barricaded in a shed. This equipment was used to cause discomfort and possibly cause the suspect to exit.

After the projectile munitions were introduced, it was determined the suspect was not inside the shed. The suspect was later found hiding nearby and was safely apprehended.

Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall LiveX Projectiles (5% PAVA)
Uses: Deployed daily in the field during patrol functions.

Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall Live Projectiles (2% PAVA)
Uses: Deployed daily in the field during patrol functions, and used intermittently during training throughout the year.

Equipment Type: Projectile Munition; CA Gov’t Code §7070(c)(14) Description: PepperBall Inert Projectiles (No irritant) Uses: Used intermittently throughout the year for training purposes and to certify officers in the use of the projectile launchers.

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Smith & Wesson Model 5906 – 9mm – SIMUNTION PISTOL Uses: Used intermittently throughout the year during monthly SWAT Team trainings.

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Glock 17 – 9mm – SIMUNTION PISTOL
Uses: Used intermittently throughout the year during monthly SWAT Team trainings.

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Glock 22; .40 Caliber SIMUNTION PISTOL
Uses: Used intermittently throughout the year during monthly SWAT Team trainings.

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Force on Force M4/M16 Conversion Bolt Kit
Uses: Used intermittently throughout the year during monthly SWAT Team trainings.

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Simunition FX Original Marking Cartridge – 9mm 364
Uses: Used intermittently throughout the year during monthly SWAT Team trainings.

Equipment Type: Specialty Impact Munition (SIM) Weapon; CA Gov’t Code §7070(c)(14) Description: Simunition FX Original Marking Cartridge – .223 Uses: Used intermittently throughout the year during monthly SWAT Team trainings.

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Agenda Item
City Council
Item #: 3.14. 5/14/2024 File #: 24-0298
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorization to apply for a grant under the Orange County Transportation Authority’sMeasure M2 Environmental Cleanup Tier 1 Program. Resolution No. 11547.

2. SUMMARY
Resolution No. 11547 authorizes the City of Orange to apply for a $600,000 grant under the Orange County Transportation Authority’sMeasure M2 Environmental Cleanup Program Tier 1 Program. Staff is proposing the installation of a hydrodynamic separator for an estimated total project cost of $750,000, inclusive of the required 20% match.

3. RECOMMENDED ACTION
Adopt Resolution No. 11547. A Resolution of the City Council of the City of Orange authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for the installation of a Hydrodynamic Separator and Connector Pipe Screens.

4. FISCAL IMPACT
If the grant funding is approved by the Orange County Transportation Authority Board, an appropriation of $150,000 from the Sanitation and Sewer Fund (220) will be requested for the matching funds.

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
Renewed Measure M (M2) approved by the voters in 2006 is a 30-year, multi-billion-dollar program extension of the original Measure M (approved in 1990) with a new slate of planned projects and programs. These include improvements to the county freeway system, streets and roads network, expansion of the Metrolink system, more transit services for seniors and the disabled, as well as funding for the cleanup of roadway storm water runoff.

The M2 Transportation Ordinance and Investment Plan, makes funds available through the City of Orange Printed on 5/9/2024Page 1 of 2
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Item #: 3.14. 5/14/2024 File #: 24-0298
The M2 Transportation Ordinance and Investment Plan, makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution (urban runoff) and improve overall water quality.

The Public Works Department has identified the storm drain crossing located at White Oak Ridge at Santiago Hills Park as a good location for the installation of an off-line hydrodynamic separator to the existing 60” reinforced concrete pipe storm drain line. This storm drain line collects runoff from commercial shops, schools, single family, and multiple family residence areas and is experiencing a heavy volume of trash and debris. Installing a hydrodynamic separator unit will effectively capture trash and debris that may adversely impact receiving waters and impair beneficial uses such as recreation, swimming, and fishing.

The project also proposes to install five connector pipe screen (CPS) units in various catch basins located on Palmyra Avenue and Main Street. The CPS will capture trash and debris from the nearby priority land uses such as restaurants, bus stops, and other commercial sites.

The total estimated project cost is $750,000. The City is seeking a competitive grant of $600,000 that would require $150,000 in matching funds. If successful, Public Works staff would most likely request an appropriation of $150,000 from the Sanitation and Sewer Fund (220) to provide the matching funds.

The Public Works Department submitted the grant application for the Environmental Cleanup Tier 1 Program on April 25, 2024. The application included a draft version of the resolution; however, Resolution No. 11547 will formalize the grant application and is required prior to OCTA Board approval of grant funding.

7. ATTACHMENTS
· Resolution No. 11547
City of Orange Printed on 5/9/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.14. 5/14/2024 File #: 24-0298
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorization to apply for a grant under the Orange County Transportation Authority’sMeasure M2 Environmental Cleanup Tier 1 Program. Resolution No. 11547.

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 M2 Transportation Ordinance and Investment Plan, makes funds available through the City of Orange Printed on 5/9/2024Page 1 of 2
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Item #: 3.14. 5/14/2024 File #: 24-0298
The M2 Transportation Ordinance and Investment Plan, makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution (urban runoff) and improve overall water quality.

7. ATTACHMENTS
· Resolution No. 11547
City of Orange Printed on 5/9/2024Page 2 of 2
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RESOLUTION NO. 11547

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE AUTHORIZING AN

APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 1 GRANT

PROGRAM UNDER ORANGE COUNTY LOCAL
TRANSPORTATION ORDINANCE NO. 3 FOR

THE INSTALLATION OF A HYDRODYNAMIC
SEPARATOR AND CONNECTOR PIPE SCREENS.

WHEREAS, the City of Orange (the City) is a municipal corporation which exercises governmental functions and powers, and is organized and existing under the laws of the State of California; and

WHEREAS, Orange County Local Transportation Ordinance No.3, dated July 24, 2006, and is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan, makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation -generated pollution (urban runoff) and improve overall water quality; and

WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management Practices (BMP’s), such as screens, filters, inserts, and other "street-scale" low flow diversion projects.; and

WHEREAS, Orange County Transportation Authority ( OCTA) has established the procedures and criteria for reviewing proposals; and

WHEREAS, the City possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and

WHEREAS, by formal action, the City Council authorizes the nomination of the City of Orange Hydrodynamic Separator and Connector Pipe Screens (CPS) Installation, including all understanding and assurances contained therein, (Tier 1 Grant Project or Project) and authorizes the person identified as the official representative of the City to act in connection with the nomination and to provide such additional information as may be required; and

WHEREAS, the City will maintain and operate the equipment acquired and installed; and

WHEREAS, the City will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and

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2 WHEREAS, the City will cause work on the Tier 1 Grant P roject to be commenced within a reasonable time after receipt of notification from OCTA and that the Project will be carried to completion with reasonable diligence; and

WHEREAS, the City will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and

WHEREAS, the City must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and

WHEREAS, the City authorizes a formal amendment to the seven -year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and

WHEREAS, the City will provide a minimum of 20% in matching funds for the Hydrodynamic Separator and Connector Pipe Screens (CPS) Installation as required by the Orange County Comprehensive Transportation Funding Programs Guidelines

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the City Council authorizes its Public Works Director or his/her designee, as the official representative of the City of Orange to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the City of Orange Hydrodynamic Separator and Connector Pipe Screens (CPS) Installation project, and to take all other actions in furtherance thereof , including those actions set out by the recitals to this Resolution, without additional action of the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the City agrees to fund its share of the project costs and any additional costs over the identified programmed amount.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

371
3 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

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 , 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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Agenda Item
City Council
Item #: 3.15. 5/14/2024 File #: 24-0300
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of the Fiscal Year 2024-2025 Pavement Management Program budget to incorporate a list of eight streets to be funded by The Road Repair and Accountability Act of 2017 (Senate Bill 1) and appropriate Road Maintenance and Rehabilitation Account funding. Resolution No. 11548.

2. SUMMARY
Resolution No. 11548 is required to be adopted as part of the application package for the Road Maintenance and Rehabilitation Account Funding Program for eight streets throughout the City. To be eligible for fiscal year program apportionments, cities and counties must submit an adopted list of projects to the California Transportation Commission. The total estimated new funding from Senate Bill 1 and Road Maintenance and Rehabilitation Account for Fiscal Year 2024-2025 is approximately $3,572,565.

3. RECOMMENDED ACTION
Adopt Resolution No. 11548. A Resolution of the City Council of the City of Orange approving the Fiscal Year 2024-2025 Pavement Management Program budget to incorporate a list of eight streets to be funded by Senate Bill 1: The Road Repair Accountability Act of 2017 and Appropriate Road Maintenance and Rehabilitation Account (RMRA) Funding.

4. FISCAL IMPACT
None.

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

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

6. DISCUSSION AND BACKGROUND
The project list-resolution submittal to establish eligibility will be submitted to the California Transportation Commission (CTC), for the Road Maintenance and Rehabilitation Account (RMRA) Funding Program for Fiscal Year 2024-2025 (FY 25).

This new funding program was created on April 28, 2017, when Governor Brown signed Senate Bill 1 (Beall, Chapter 5, Statutes of 2017), known as the Road Repair and Accountability Act of 2017. The City of Orange Printed on 5/9/2024Page 1 of 2
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Item #: 3.15. 5/14/2024 File #: 24-0300
(Beall, Chapter 5, Statutes of 2017), known as the Road Repair and Accountability Act of 2017. The program addresses basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. Senate Bill 1 is funded through fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees.

The exact amount of funding the City will receive for FY 25 is unknown. However, the Public Works Department has identified a list of streets to present to CTC for funding approval. These streets were rated in the Citywide Pavement Management Program with a Pavement Condition Index (PCI) ranging from 21-73 (out of a maximum score of 100) indicating the need for street rehabilitation. The cost estimate for these improvements is approximately $4.7 million. Staff will only select the number of streets that can be funded by the amount of RMRA actually received.

The scope of rehabilitation in general consists of American with Disabilities Act compliant access ramps, localized removal and replacement of the existing pavement, asphalt concrete overlay, removal and replacement of failed sections of curb and gutter, driveways, sidewalks, cross gutters, spandrels, and adjustment of manholes and water valve covers to grade.

Because the City is receiving an apportionment of RMRA funds, staff is required to sustain a maintenance of effort (MOE) by spending at least the annual average of FY 2009-10 through FY 2011-12 general fund expenditures for street, road, and highway purposes. The City will be able to meet the MOE requirements going forward

7. ATTACHMENTS
· Resolution No. 11548
City of Orange Printed on 5/9/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.15. 5/14/2024 File #: 24-0300
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

4. FISCAL IMPACT
None.

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.

This new funding program was created on April 28, 2017, when Governor Brown signed Senate Bill 1 (Beall, Chapter 5, Statutes of 2017), known as the Road Repair and Accountability Act of 2017. The City of Orange Printed on 5/9/2024Page 1 of 2
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375
Item #: 3.15. 5/14/2024 File #: 24-0300
(Beall, Chapter 5, Statutes of 2017), known as the Road Repair and Accountability Act of 2017. The program addresses basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. Senate Bill 1 is funded through fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees.

7. ATTACHMENTS
· Resolution No. 11548
City of Orange Printed on 5/9/2024Page 2 of 2
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376
RESOLUTION NO. 11548

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE 2024-2025

PAVEMENT MANAGEMENT PROGRAM BUDGET

TO INCORPORATE A LIST OF EIGHT STREETS TO
BE FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 AND

APPROPRIATE ROAD MAINTENANCE AND

REHABILITATION ACCOUNT (RMRA) FUNDING

WHEREAS, the City of Orange ( “City”) is a municipal corporation which e xercises governmental functions and powers, and is organized and existing under the laws of the State of California; and

WHEREAS, the City’s local street and road system is critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and

WHEREAS, maintaining and preserving the local street and road system in good condition reduces drive times and traffic congestion, improves bicycle safety, and makes the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and

WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and

WHEREAS, Senate Bill 1 ( “SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of City of Orange are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City will receive a n estimated $3,572,565 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and

WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety 377
2 improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City ’s Public Works Department used the Citywide Pavement Management Program to find streets rated with a Pavement Condition Index (PCI) ranging from 21 to 73 (out of a maximum score of 100) indicating the need for street rehabilitation to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City of Orange rehabilitate eight streets.

The scope of rehabilitation in general consists of ADA compliant access ramps, localized removal and replacement of the existing pavement, asphalt concrete overlay, removal and replacement of failed sections of curb and gutter, driveways, sidewalks, cross gutters, spandrels, and adjustment of manholes and water valve covers to grade throughout the C ity of Orange this year and hundreds of similar projects into the future; and

WHEREAS, the City’s Public Works Department will select streets from the project list based on the available funding received; and

WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “ Good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “Good” condition; and

WHEREAS, the proposed street rehabilitation will extend the estimate useful life of the road system up to an additional 15 year lifespan; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:

1. The City Council finds and determines that the foregoing recitals are true and correct.

2. The Pavement Management Program budget for fiscal year 2024-2025 is amended to incorporate the following list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues:

[Remainder of page intentionally left blank.]

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3 Road Maintenance and Rehabilitation Account
FY 24/25 Pavement Rehabilitation List
[Estimated Schedule for All Projects:

Start May 2025; Completion February 2026]
# Street Name From To PCI
1* Struck Avenue Katella Avenue Main Street 21
2* Struck Avenue Main Street Batavia Street 29
3 a Almond Avenue West End Flower Street 56
b Almond Avenue Flower Street Poinsettia Drive 68
c Almond Avenue Poinsettia Drive Feldner Street 71
d Almond Avenue Feldner Street Main Street 73
4* Meats Avenue Breckenridge Street Santiago Boulevard 61 5* a La Veta Avenue Tustin Avenue Frontage Road 47
b La Veta Avenue Frontage Road Bridge (SR-55) 72
6 a Orange-Olive Road Fellows Drive Vista Del Gaviota 42 b Orange-Olive Road Vista Del Gaviota Meats Avenue 45
7 Cambridge Street Katella Avenue Adams Avenue 61
8* a Orangewood Avenue 1475' w/o Eckhoff Street Eckhoff Street 39 b Orangewood Avenue Eckhoff Street Main Street 50
* relisted streets

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney
379
4 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

380
Agenda Item
City Council
Item #: 7.1. 5/14/2024 File #: 24-0294

1. SUBJECT
Appointment to the Community Development Block Grant Program Committee.

2. SUMMARY
Due to the resignation of Brendon Moeller, an unscheduled vacancy exists on the Community Development Block Grant Program Committee. A Notice of Vacancy was posted on February 20, 2024, in accordance with Government Code Section 54974.

3. RECOMMENDED ACTION
Confirm Mayor Slater’s recommendation to appoint Pat Buttress to the Community Development Block Grant Program Committee to fill an unexpired term ending on June 30, 2025.

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Agenda Item
City Council
Item #: 7.1. 5/14/2024 File #: 24-0294

1. SUBJECT
Appointment to the Community Development Block Grant Program Committee.

3. RECOMMENDED ACTION
Confirm Mayor Slater’s recommendation to appoint Pat Buttress to the Community Development Block Grant Program Committee to fill an unexpired term ending on June 30, 2025.

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382
Agenda Item
City Council
Item #: 7.2. 5/14/2024 File #: 24-0306
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

1. SUBJECT
Resignation of Dave Simpson from the Planning Commission.

2. SUMMARY
Dave Simpson submitted a letter of resignation from the Planning Commission. He will resign once a viable candidate is identified; or, alternatively, after the August 19, 2024, Planning Commission meeting. Commissioner Simpson’s unexpired term ends June 30, 2027.

3. RECOMMENDED ACTION
Accept the resignation of Commissioner Simpson; and direct the City Clerk to post a Notice of Vacancy, pursuant to the Maddy Act.

4. ATTACHMENTS
· Letter of Resignation
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Agenda Item
City Council
Item #: 7.2. 5/14/2024 File #: 24-0306
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

1. SUBJECT
Resignation of Dave Simpson from the Planning Commission.

3. RECOMMENDED ACTION
Accept the resignation of Commissioner Simpson; and direct the City Clerk to post a Notice of Vacancy, pursuant to the Maddy Act.

4. ATTACHMENTS
· Letter of Resignation
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1 Pamela Coleman
From: DAVE SIMPSON
Sent: Saturday, May 4, 2024 10:51 AM
To: Pamela Coleman;
Subject: Simpson resignation from PC
Pamela,
Per your request.

It has been an honor to serve on the Orange Planning Commission since September 2015.

As I have shared with councilmember Gyllenhammer, my work travel has increased causing me to miss several meetings including the upcoming May 6th meeting. I feel now is the right time to resign my position on the Commission and allow for new blood to come on board. I will resign my role once a viable candidate is identifed or, alternatively, the last PC meeting in August 2024 so not to leave a vacancy for any extended amount of time.

Thank you.

Dave
385
Agenda Item
City Council
Item #: 8.1. 5/14/2024 File #: 24-0297
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager

1. SUBJECT
Receive and file the Citywide Sustainability Plan developed in collaboration with Chapman University’s Environmental Science and Policy Division and the community established Orange Sustainability Group.

2. SUMMARY
At the December 12, 2023, City Council meeting, Councilmember Gyllenhammer proposed that the City work with the community established Orange Sustainability Group and Chapman University’s Environmental Science and Policy Division to develop a Citywide Sustainability Plan. With City Council consensus, staff has been providing data to both groups since December 2023. The Citywide Sustainability Plan has been completed and is now presented for City Council to receive and file.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
At the December 12, 2023, City Council meeting, Councilmember Gyllenhammer proposed the City work with the community established Orange Sustainability Group and Chapman University’s Environmental Science and Policy Division (hereinafter collectively referred to as the “sustainability team”) to develop a Citywide Sustainability Plan at no cost to the City. The Orange City Council agreed with the recommendation and directed staff to work with the sustainability team. In December 2023, City staff met with the sustainability team, identified the required data, and began working with applicable departments to transmit the information.

Aside from serving as a capstone project for Chapman University’s Environmental Science and Policy Division students, the Citywide Sustainability Plan serves multiple purposes. First, it provides long-term guidance so the City may proceed in an environmentally conscious fashion, laying an important foundation for Orange’scurrent and future residents. Second, it may enhance the City’s City of Orange Printed on 5/9/2024Page 1 of 2
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Item #: 8.1. 5/14/2024 File #: 24-0297
important foundation for Orange’scurrent and future residents. Second, it may enhance the City’s eligibility when applying for grants. Third, it can help the City meet likely future State of California requirements to have climate action or related environmental plans on file.

The Citywide Sustainability Plan is the product of extensive work on the part of the sustainability team. It demonstrates the benefits community partners provide to the City of Orange, and the plan will serve as an effective tool for the City going forward.

7. ATTACHMENTS
· Citywide Sustainability Plan
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387
Agenda Item
City Council
Item #: 8.1. 5/14/2024 File #: 24-0297
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

Aside from serving as a capstone project for Chapman University’s Environmental Science and Policy Division students, the Citywide Sustainability Plan serves multiple purposes. First, it provides long-term guidance so the City may proceed in an environmentally conscious fashion, laying an important foundation for Orange’scurrent and future residents. Second, it may enhance the City’s City of Orange Printed on 5/9/2024Page 1 of 2
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Item #: 8.1. 5/14/2024 File #: 24-0297
important foundation for Orange’scurrent and future residents. Second, it may enhance the City’s eligibility when applying for grants. Third, it can help the City meet likely future State of California requirements to have climate action or related environmental plans on file.

7. ATTACHMENTS
· Citywide Sustainability Plan
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1 Acknowledgements:ThomasPiechota|ProfessorChapmanUniversity, FowlerSchoolofEngineeringJackMorgan|SeniorAssistanttoCityManagerofOrange,CADanSlater|MayorAriannaBarrios|MayorProTemJohnGyllenhammer|CouncilmemberDenisBilodeau|CouncilmemberJoeThompson|SunnovaEnergyJakeComer|OrangeSustainabilityGroupHilaryEgo|CityofLaMesaLexiHernandez|ClimateActionCampaignAlisaDriscoll|ChapmanUniversityOrangeHomeGrownOCGoesSolarOrangeCommunityMembers ________________________________________________________________________________________________________ ChapmanUniversitySeniorEnvironmentalScienceCapstone2024 RamaBedriAvaCisonAbbyGuzmanLaurenHuCaraHunterAnnaliseJensenAlyssaKimuraCitlalliMadrigalJohnnyMcGeough LorenaMunoz(Editor)LeslyPerezDevynPonEricRamirezAnnaStraszewskiJocelynValdiviaJuliettVazquezHannahSummers 391
2 Table of Contents
ETecQtiRe SQmmarU ¾ Chapter ¼ IntrodQction À Orange Benefits from SQstainabilitU Â PolicU DriRes SQstainabilitU ¼» Federal Laws ¼» State Laws ¼¼ EnRironmental JQstice in the Orange CommQnitU ¼¾ Chapter ½ GreenhoQse Gas InRentorU ¼À CommunitU GHG Tool ¼Â CitU GHG Tool ¼Ã InventorU Results ½» CommunitU Data ½» CitU Data ½½ Chapter ¾ CommQnitU Engagement ½¾ Chapter ¿ SQstainabilitU Recommendations ½Ã Residential EnergU ¾» Commercial EnergU ¾¿ Transportation ¾Â Solid Waste ¿¼ Urban Greening ¿À References À» AppendiT A OC PQblic Health AgencU CensQs Tracts À¾ AppendiT B Data SoQrces for GHG emissions for the CItU of Orange ÀÁ AppendiT C SQpplemental CommQnitU Engagement Information ÀÃ 392
3 ExecutiveSummary
ThisSustainabilityPlanfortheCityofOrangeaimstoidentifyandtracklargesectorsofgreenhousegasemissionswithintheCityandprovidesaroadmapwithrealisticsustainabilitymeasuresandactionsthatcanbeimplementedtomitigatethenegativeeffectsexperiencedbytheresidentsoftheCityofOrange.ThisSustainabilityPlanevaluatesspecificsectors(e.g.,energy, transportation,waste)andprovidesfeasiblestepstotaketoreducethegreenhousegasemissions.ByadoptingaSustainabilityPlan,theCityofOrangeisshowingitscommitmenttoimprovingthelifeofitscurrentandfutureresidents.

ThisSustainabilityPlanprovidesanoverviewofexistingpoliciesandlawsbothatafederallevelandthestatelevel.AgreenhousegasinventoryisprovideddescribingthesourcesofgreenhousegasemissionsthroughouttheCityofOrangetobetterfocustheCity’seffortsandresourcesinreducinggreenhousegasemissions.Communityinputfromthreecity-wideeventsandindividualmeetingswiththreeCityCouncilmembersprovidedabetterunderstandingofthepriorityneedsofresidents.Finally, recommendationsareprovidedtopromotesustainablepracticecommunally, boosttheCity’seconomy, anddecreasegreenhousegasemissions.

Keyfindingsfromthegreenhousegasinventoryshowedthatcommunitylevelemissionsareevenlydistributedbetweenresidential,commercial,andindustrialsectors;however,transportationdatawasmissingatthecommunitylevelformobilesourcesandwillrequireadditionalstudy. Keyrecommendationstopromotesustainabilityanddecreasegreenhousegasemissionsinclude:● Educationandincentiveprogramsforcleanenergy● EVchargingstationsthatuserenewableenergy● Householdcompostingworkshops● UrbantreeplantingincentivesEachoftheserecommendationsalignwiththeprioritiesofthecommunity. BelowisafigureshowingthemeasuresOrangeresidentsfeltwereimportant.

TheSustainabilityPlanprovidesrecommendationsandimplementationstrategiesprovidedincludingsourcesoffunding/revenueforimprovedresidentialqualityoflife.Implementationrecommendationsinclude:● Identifyingleadstaffer/teamforimplementationandpotentialofFellowshipsthroughCaliforniaClimateActionCorps.● Developmentofspecialityplansforspecificrecommendations(e.g.,TreeCover,Composting)● CollaboratewithorganizationssuchasOrangeSustainabilityGroup● CompletionofGHGinventorytoincludeanydatagaps(e.g.,mobiletransportation) 393
4 PlanOverview● Chapter1,Introduction, describesthescienceofclimatechange,currentpolicypromotesustainability, anddiscussionofenvironmentaljusticeinOrange.● Chapter2,GreenhouseGasInventory, describesthemainsourcesofgreenhousegasemissionswithintheCityofOrangeandhowthatdatawascollected.● Chapter3,CommunityEngagement, describesthecommunity’sprioritiesandconcernswithregardstocurrentsustainabilityefforts.● Chapter4,SustainabilityRecommendations, describesrecommendationsandfundingforResidentialandCommercialEnergy, Transportation,SolidWaste,andUrbanGreening.● AppendixA,OCPublicHealthAgencyCensusTracts, describestwodifferentcensustractsinOrangeandtheeffectsincreasedgreenhousegasemissionshaveonthem.● AppendixB,DataSourcesforGHGemissionsfortheCityofOrange, describesthedatausedfortheGreenhouseGasInventorydescribedinChapter2● AppendixC,SupplementalCommunityEngagementInformation, describesthesuggestionsandprioritiesbycommunitymembersatseveralcommunityevents. 394
5 Chapter¼:Introduction
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Sinceitsincorporationin¼ÃÃÃ¢¼£,theCityofOrangehasgrownbothinpopulationand area.Withapopulationof¼¾Ã,Ä¿¿,¿Â,¾À¼households,andalandareaof½Âsquaremiles ¢¼£¢½£,theCityofOrangeisamongthelargestcitiesinOrangeCounty.Transportationisa majorpartofthecity’sinfrastructurewithfourmajorfreewaysincludingInterstateÀ,State Route½½,StateRouteÀÀ,StateRouteÀÂ,StateRoute¼Ã,andTollRoad½¿¼.TheCityof Orangeisalsowellservedbypublictransportationwithninebusroutesandtwotrainlines.

TheextensivetransportationinfrastructureaswellashouseholdsintheCityofOrangeaid intheadditionofgreenhousegasesintotheatmosphere.Itisimportanttounderstandthe effectsthisadditionofgreenhousegasesintotheatmospherehasgloballyandatalocal level.Thissectionaimsatprovidingthenecessaryinformationtounderstandtheeffects greenhousegaseshaveontheenvironmentaswellasexplaintheimportanceof sustainabilityfortheresidentsoftheCityofOrange.
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6 CliIaPeScieJce
Scientistsandorganizationsworldwide,suchastheIntergovernmentalPanelonClimate Change IPCC¡,theUnitedStatesEnvironmentalProtectionAgency USEPA¡,andthe UnitedNations UN¡haveallpresentedscientificfindingsthatsupporttheideathathuman behaviors,especiallythecombustionoffossilfuels,havecontributedtothechangingofthe Earth’satmosphere¢¾£¢¿£¢À£.Itisimperativethatlocalgovernmentsandcommunitiesuse theevidenceprovidedbytheIPCC,EPA,andtheUNtodevelopaplantomitigatethe negativeeffectsthatresultfromthealteringoftheEarth’satmosphere.

FossilfuelcombustionleadstomoreGreenhouseGases GHGs¡emittedintothe atmosphere,resultinginanalteredatmosphere.ThisabundanceofGHGsintheatmosphere createsasortofblanketaroundtheEarththattrapsheatfromthesunresultinginhigher averageglobaltemperatures¢¾£.Theincreaseofaverageglobaltemperaturescreates severalpositivefeedbackloopsthatifuncheckedwillperpetuatethechangingclimate.

AnincreaseofGHGshavedevastatingeffectsontheenvironmentincludinganincreasein wildfirefrequencyandintensity,increasedflooding,increasedfrequencyofdroughtsas wellastheirintensityandduration,risingsealevels,andpoorairqualityamongmany otherdevastatingeffects¢¾£.InCalifornia,weareseeingtheseeffectsthroughtheincreased wildfiresthroughoutthestate,morefloodingincoastalcitiesaswellascitiesnearmajor bodiesofwater,extendedseveredroughts,andrecordhightemperatures.Theincreaseof naturaldisastersthroughoutthestateofCaliforniaasaresultofincreasedGHGsinthe atmospherecanbemitigatedbylocalgovernmentsandcommunitiesthroughcollaborative action.

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ASustainabilityPlanisaneffectivewaythatlocalcommunitiescanenactchange.

SustainabilityPlansareasetofgoalsandstepsoutliningspecificactionsthatarebeing takentoreducethecommunitiesimpactontheenvironment.Thisincludesactionsbeing donetoreduceGHGsemittedintotheatmosphere,aswellasothersustainableinitiatives andpractices.NotonlyareSustainabilityPlansprotectingthenaturalenvironment,they alsoprioritizethehealthandwell-beingofthelocalresidents.Someofthebeneficial outcomesfromSustainabilityPlansincludeimprovedairquality,increasedaccessto naturalresourcessuchasgreenspace,andreductionofenergycostsforresidents.

Californiarecognizestheimportanceoflocalgovernmentsinpromotingsustainability statewide.WiththecontinuedgrowthoftheCityofOrangesinceitsincorporationin¼ÃÃÃ, 396
7 itiscrucialtothewellbeingoftheCityofOrange’scurrentandfutureresidentstoadopt sustainablepractices.Withthatinmind,theCityofOrangehasproducedthisSustainability Plan.

Figure1MapoftheCityofOrange
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ASustainabilityPlaniscrucialforprotectingthenaturalenvironment,promotingpublic health,andstabilizingtheeconomy.Therecommendationsoutlinedinthisplanwillhelp preservetheCity’srichhistoryandvibrantcommunitywhilehavingcost-savingbenefits.

TheCityofOrangeisalreadyseeingsomeextremeeventsofclimatechange,suchasintense droughts,heat,andflooding.Forexample,theCitydeclaredaLevel½watersupply shortagefromÀ/½¾/½»½½-¿/½À/½»½¾.Onesourceofourwatersupply,theColoradoRiver Basin,isprojectedtohavesignificantlylesswaterasdroughtconditionscontinuetoimpact thearea.ThisdirectlyaffectstheCityofOrange¢Á£.Withoutproperplanningforthefuture, theseeventswillcontinuetoworsenandfeelharsher.MarginalizedcommunitiesofOrange willespeciallyfeeltheseexacerbatedeffects.AlthougheveryoneinOrangefeelstheimpacts ofclimatechange,theCity’smostvulnerablecommunitymembersaredisproportionately affected.Itisessentialtoconsiderenvironmentaljusticeincityplanning.

Climatechange-inducedeffectscansignificantlyimpactpublichealth,leadingtorespiratory problems,chronicdiseases,andreducedqualityoflife.ASustainabilityPlancanprioritize initiativessuchasimprovingairandwaterquality,promotingactivetransportation,and 397
8 enhancingaccesstogreenspaces,safeguardingresidents®healthandwell-being.

Sustainableurbanplanningstrategies,suchasmixedland-usedevelopmentand pedestrian-friendlyinfrastructure,cancreatehealthier,morelivablecommunities, encouragingphysicalactivityandsocialinteraction.Furthermore,aSustainabilityPlancan improvetheCity®seconomybyfosteringinnovationwithsustainableinitiativesand attractinggreenbusinesses.Investinginrenewableenergy,energy-efficientinfrastructure, andsustainabletransportationcancreatejobopportunitiesandstimulatelong-term economicgrowth.Byreducingrelianceonnon-renewableresourcesandpromotinglocal productionandconsumption,theCitycanbuildresilienceagainsteconomicshockssuchas fluctuationsinenergypricesorresourcescarcityfromglobaleventsasseenduringthe GlobalPandemicandtheWarinUkraine.

Failuretoimplementproperplanningwillhavedisastrousconsequencesfortheclimate, people,andeconomy.CaliforniahasalreadyexperiencedÃinchesofsealevelrisewithin thepastcentury¢Â£.Decreasedairqualityandincreasedsealevelsareharmfultohuman health,anddamagedinfrastructureisexpensivetorepair.Inrecentyears,Orange,along withtherestofSouthernCalifornia,hasexperiencedextremeheatwaves.DatafromNASA displaysthatOrangecanexperienceuptoa¿Ä×Fchangeinmaximumtemperaturesduring summermonthsby½»½Ã¢Ã£.Ifnoactionistaken,temperatureswillcontinuetorise, puttingtheCity’selderlyandyouthatriskforcardiovascularandrespiratoryconditions.

Furthermore,thosewholackaccesstoairconditioningandworkoutdoorswillsuffer.Not onlywillOrangegetmuchhotterinthesummer,butitwillalsogetmuchcolderduring wintermonths e.g.,upto½¿×Fcolderin½»½Ãthannormal¡.Temperaturewillbecome morevariableandunpredictable,sothecommunitywillfeelawhiplashofweather patterns.

Figure½ProjectedmaximumtemperaturechangeinOrange,CAunderRCPÃ.À baseline½»»Á¡.Datacomes fromgriddedNASANEXDCP¾».Thegraphdisplaysamovingaverageofmonthlyprojectedtemperatures minustemperaturesin½»»Á
398
9 Additionally,OrangehasexperiencedsomeintenserainfallasrecentlyasApril½»½¿.Dueto thisweather,theCityofOrangeannouncedclosuresofpublicparksonseveraloccasions, suchasHartParkandYorbaDogPark.TheCity’sinfrastructurewasnotbuilttohandle massiveamountsofrain,causingflashflooding.

Figure¾MapofriverfloodriskmeasuredbyindexscoreforcensustractsinOrange,CA.Scoresrangefrom» to¼»»,withdatafromTheNationalRiskIndex
ThemapabovedemonstrateshowlikelyanareaistofloodwithintheCityofOrange orangelineboundary¡.Darkershadedareas,nearSantiagoCanyon,BataviaStreet,andLa VetaAvenue,aremorepronetoflooding.Itisimportanttonotethatareaswithariver blue line¡nearbyhaveahighfloodriskindexscore,meaningtheyaremorepronetoflooding.

Overall,thecityhasanaveragefloodriskindexscoreof½Á/¼»»,withthehighestbeing Ä¾/¼»»andthelowestbeing»/¼»».Figure¼displaysthattemperaturewillbecomemore extreme,makingdisastrousfloodingeventsmorelikelyforareaswithahighindexscore ¢Ä£.Thisisduetothefactthathighertemperaturesfacilitatehigherratesofevaporation, andawarmeratmosphereisabletoholdmorewater;thesetwoimpactsworkin conjunctiontoproducemoreintenserainfallleadingtomoreflooding.TheSustainability Planpresentedhereiscriticalforimplementinginitiativesthateitherpreventtheseevents ormitigatetheirimpact.

TheCityofOrangehasalreadyimplementedsomeenvironmentalinitiatives.Forexample, bikelanesonsomestreets,stormwaterrunoffmanagement¢¼»£,EVchargingstationsin high-trafficareas,andenergy-efficientLEDstreetlights¢¼¼£.ThisSustainabilityPlanbuilds ontheseexistinginitiativesinadditiontonewpolicyrecommendations.Regional sustainabilityrequirementsincludeatougherenergybaseline EnergyCodeTitle½¿¡, loweringcarbonthroughbuildingdesign CALGreen¡,andwateruseefficiency requirements MWELO¡.InadditiontoCityinitiatives,ChapmanUniversityhas 399
10 implementeddrought-tolerantlandscaping,LEEDcertification,energyconservation,and transportationefficiency.Furthermore,communitygroupshavegatheredtopromote sustainability.Forexample,OCGoesSolarhostscommunitysolarworkshops,includingone inOrangeinMarch½»½¿¢¼½£.

Figure¿ImagefromMazdaofOrange
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TheCityofOrange®sSustainabilityPlanreflectsacomprehensiveapproachtosustainability thatintegratesenvironmental,economic,andsocialprioritiestocreatearesilientand livablecommunityforitsresidents.

Policiesarecriticalindrivingsustainabilityinitiativesandshapinghowcommunities, businesses,andindividualsinteractwiththeenvironment.Atitscore,policiesprovidea frameworkofrules,regulations,incentives,andguidelinesthatguidedecision-makingand behaviortowardmoresustainablepractices.Theycreateastructuredapproachto addressingenvironmentalchallenges,promotingconservation,andfosteringresiliencein thefaceofglobalissueslikeclimatechange.Policy-drivensustainabilityinitiativesprovide aroadmapforcreatingasustainableworld.

Bothfederalandstategovernmentsprovideenvironmentalguidelinesforlocal governments.

FedeNalLaSO
CleanAirAct
400
11 TheCleanAirActisafederalactthatauthorizestheU.S.EnvironmentalProtectionAgency EPA¡tosetstandards&requiresstatestosubmitimplementationplans,monitorair quality,andenforceoutlinedstandards.TheCleanAirActenforcestwotypesofstandards:
ambientairqualitystandardsandemissionstandards.TheNationalAmbientAirQuality Standardsare:PM½.À,SO½,NO½,VOC,O¾andLead¢¼½£.OnDecemberÂ,½»»Ä,theU.S.

EnvironmentalProtectionAgencyannouncedthatgreenhousegasesthreatenthepublic healthoftheAmericanpeoplethroughtheemissionofcarbondioxide CO½¡,methane CH¿¡,nitrousoxide N½O¡,hydrofluorocarbons,perfluorocarbons,andsulfurhexafluoride SFÁ¡¢¼¿£.

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CaliforniaEnvironmentalQualityAct(CEQA)
TheCaliforniaEnvironmentalQualityAct CEQA¡isastatutethatrequiresstateandlocal agenciestoidentifyenvironmentalimpactsofproposedprojects,andavoidormitigate thoseeffectswhenfeasible¢¼À£.Whereeffectsaresignificant,aprojectcanproceedifitcan beshownthatthoseeffectscanbeavoidedormitigatedbyproposedchangestotheproject.

CEQAencouragestheprotectionoftheenvironmentbyrequiringstateandlocalagenciesto preparearangeofenvironmentalimpactanalyses.LocalCEQAguidelineswereupdated andapprovedbytheCityofOrange July¼¿,½»½»¡.ThecurrentstateofCaliforniaguidance andgoalsforreductionsingreenhousegasemissionsareembodiedinAssemblyBill¾½, ExecutiveOrderS-»¾-»À,andSenateBill¾ÂÀ.

AssemblyBill(AB)32
AB¾½isalsoknownastheCaliforniaGlobalWarmingSolutionsAct.Thislandmark legislationpassedin½»»Á,requiresCaliforniatoreduceitsGHGemissionsto¼ÄÄ»levelsby ½»½»andfurtherreducethemby¿»Îbelow¼ÄÄ»levelsby½»¾»¢¼Á£.Itestablishedthe CaliforniaAirResourcesBoard CARB¡astheleadagencyforimplementingclimate policies.

ExecutiveOrderS-3-05
ExecutiveOrderS-¾-»Àstatesthatby½»¼»,GHGemissionswillbereducedto½»»»levels by½»½».Inaddition,itstatesthatby½»À»,GHGemissionsmustbeatthe¼ÄÄ»levelsand Ã»Îbelowthe¼ÄÄ»levels¢¼Â£.

AssemblyBill(AB)12ÂÄ
AB¼½ÂÄisknownastheCaliforniaClimateCrisisAct,whichwouldestablishthestate®s commitmenttoattainnetzerogreenhousegasemissionsattheearliestopportunity,butno 401
12 laterthan½»¿À,andtosubsequentlyachieveandupholdnetnegativegreenhousegas emissions.Itwouldalsomandatethatby½»¿À,California®shuman-causedgreenhousegas emissionswilldecreasetoaminimumofÃÀÎbelowthelevelsrecordedin¼ÄÄ».

Additionally,thebillwouldcompelthestateboardtocollaboratewithpertinentstate agenciestoensurethatrevisionstothescopingplanpinpointandproposeactionstoreach thesepolicyobjectives,andtorecognizeandexecutearangeofpoliciesandtactics facilitatingcarbondioxideremovalmethodsandtheadoptionofcarboncapture,utilization, andstoragetechnologieswithinthestate.¢¼Ã£
CARBScopingPlan/Cap-and-TradeProgram
Californiaoperatesacap-and-tradeprogramaspartofitseffortstoreduceGHGsemissions frommajorindustrialsectors.Theprogramsetsacapontotalemissionsandallows companiestobuyandsellemissionallowances,creatingeconomicincentivesforemissions reductions¢¼Ä£.

Zero-EmissionVehicle(ZEV)Program
AsapartofCARB®sAdvancedCleanCarspackage,theycreatedtheZero-EmissionVehicle Program.ThisprogramwasimplementedtomeetCalifornia®shealth-basedairquality standardsandgreenhousegasemissionreductiongoals.TheZEVprogramrequirescar manufacturersoperatinginCaliforniatohaveagivenproportionoftheirproducedvehicle beofzero-emissionvehicles,suchaselectriccarsandhydrogenfuelcellvehicles¢¼Ä£.This programwasestablishedwiththegoaltoreducegreenhousegasemissionsfrom transportationwithinCalifornia.

SB13Ã3
SB¼¾Ã¾,beganin½»½½andmandatesstatewideorganicwastecollection.Itrequiresevery jurisdictiontoprovideorganicwastecollectionservicestoallresidentsandbusinesses, includingschools.Itemphasizeseducationtoallresidentsandbusinessesonwhatqualifies asorganicwasteandthenhowtoproperlydisposeoforganicwaste.Thisensuresthatless organicwasteendsupinlandfills.Asorganicwastesitsinlandfills,deprivedofoxygen,it producesmethane.Properlydisposingoforganicwastewillnotonlyreducemethane emissionsbutwillcutgreenhousegasemissions,simultaneously.Inadditionthebillhas substantialimpactatthecitylevelbecauseitholdswasteservicesaccountableand incentivizescompostingatthehouseholdandcommerciallevels.¢½»£ 402
13 EJRiNKJIeJPalJQOPiceiJPheONaJgeCKIIQJiPU
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Environmentaljusticereferstothefairtreatmentandmeaningfulinvolvementofallpeople, regardlessofrace,color,nationalorigin,orincome,concerningthedevelopment, implementation,andenforcementofenvironmentallaws,regulations,andpolicies.This expectsthatnopopulationhasadisproportionateshareofnegativeenvironmental consequencesresultingfromindustrial,municipal,andcommercialoperationsorfrom federal,state,andlocallaws;regulations;andpolicies.

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FigureÀNeighborhoodComparisons½»½»fromAdvanceOC,aÀ»¼c¾nonprofit,andOCHealthCareAgency,a regionalinterdisciplinaryhealthjurisdiction
Withinthe¯FoundationsofWellbeing¯sectionofFigureÀ,environmentalqualityis assessedbasedonamixofindicatorsacrossvariouscensustracts,including:Ozone averageÃ-hourconcentration ppm¡CarbonFootprint metrictonsCO½¡Nitrogendioxide averageannualconcentration ppb¡OzoneaverageÃ-hourconcentration ppm¡PM½.À averageannualconcentration μg/mÇ¡andWildfirehazardpotential.Themainsubsection undertheFoundationofWellbeingranksthecensuslocationsbasedonanoverall assessment.However,morespecificassessmentsbasedontheindicatorslistedabovecan beviewedonthesidebar,highlightingboththehighestandlowestqualitycensustracts acrossdifferentcomponentsandindicators.

TheenvironmentalqualitydatarangesfromcensustractÁ»ÀÄ»½¼Ä½¾,withan environmentalqualityscoreof¾Ä.Ã,tocensustractÁ»ÀÄ»ÂÀÄ»¼withanenvironmental qualityscoreofÀÄ.Â.It®simportanttonotethatthehigherthescore,thehigherthe emissions,indicatingpoorerenvironmentalquality. SeeAppendixAforadditional information¡
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14 OPheNANeaOPKCKJOideN
InconsideringthesociodemographicfactorswithinOrange,it®simportanttorecognize disparitiesinaccesstocleanspace,air,andwateracrossdifferentneighborhoods.

CollaboratingwithcommunitygroupslikeOrangeCountyEnvironmentalJustice OCEJ¡can offervaluableinsightsintoresidents®prioritiesforenvironmentalequity.

EnvironmentaljusticeconsiderationsareintegraltocraftinganinclusiveSustainability Plan,toensureallresidentsareabletobenefitfromlocalnaturalresources.Analyzingthe distributionofgreenspacerelativetohouseholdincomecanhelpusunderstandpotential inequitiesandguideequitableresourceallocations.Theadditionofthisenvironmental justiceanalysistotheSustainabilityPlanpresentsasignificantopportunitytoaddress injustice,improvehealth,provideeconomicdevelopment,andcreatefamily-supporting localjobs;includingclimateeducationandgreen-orientedemploymentinOrange.

TofurtherpromoteanequitableandsustainablefuturefortheresidentsoftheCityof Orange,itisimperativethatweunderstandthemajorsourcesofgreenhousegasemissions impactingtheCityanditsresidents.
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15 Chapter½:GreenhouseGasInventory
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Theemissionofgreenhousegasses GHGs¡heavilycorrelatestothehealthandcleanliness ofthelocalcommunitythroughitsperpetuationofclimatechange.Thelimitationof greenhousegas GHG¡emissionswithinacountyleadstoanoveralldecreaseinlocalized smogproduction,increaseinthepurityofairandwaterquality,decreaseinrespiratory illnesses,andoverallincreasedecosystemstability.Thelocalecologicalandeconomic healtharesustainablypromotedwhenmanagingemissionsofGHGs.

RKleKfaGHGTKKliJAchieRiJgSQOPaiJabiliPUGKalO
AGHGinventoryallowsfortrackingandmonitoringofemissionsfromdifferentsources withinthecity.Examplesofsourcesincludecaremissions,electricity,gasuse,and agriculture.Bycategorizingandtrackingemissionsdata,itprovidesabaselinefortheCity ofOrange’scurrentemissionsprofile.Bydefiningwhatcategoriestheemissionsmakeup strategiesanddecisionmakingcanbetailoredtotheinterestandprioritiesofstakeholders. 405
16 Aninventorycanallowforaprioritizationandallocationofresourcestomitigateemissions throughgoalsettingandpolicymakingwithinthecity’sjurisdiction.

MePhKdKlKgUKfIJReJPKNU
TheEPAhascreatedatoolinMicrosoftExcelthatallowsforacompleteGreenhouseGas Inventory.Thistoolissplitintotwoseparatespreadsheets,acommunityGHGinventory, andagovernmentGHGinventory.Thecommunitytoolistoaccountforanyemissions createdbyactivitieswithinthecommunitiesgeopoliticalboundary,whilethegovernment toolistoaccountforanyemissionscreatedbygovernmentoperationswithinthe geopoliticalboundary.CompletedatasourcesarelistedinAppendixB.Eachofthesetwo toolsarethenbrokenupintothreescopes:

ƔScope¼isforalldirectGHGemissionsourcesfromactivitiestakingplacewithinthe communityorgovernment.

ƔScope½isforenergy-relatedindirectGHGemissionsthatresultasaconsequenceof consumptionofgrid-suppliedelectricityandheatingand/orcoolingforthe communityorgovernment.

ƔScope¾isallotherindirectemissionsthatoccurasaresultofactivitieswithinthe communityorgovernment.

Foreachofthesescopestherearemultiplecategoriesinwhichdatacanbetheninputted.

Thisdatacomesfromanoutsidesourcesuchaselectricityprovidersforthelocal governmentorthecommunity.Withinthesecategories,thereareparticularinstructionson howtoinsertdataandwhichspecifictypesofdatacanbeinserted.Withineachsectordata, cleaning,calculations,andreorganizationwasrequiredtoinputthedataeffectively.Once thedataisinputtedintoeachsection,theEPAtoolusesvariousfunctionswithinMicrosoft ExceltocalculatespecificGHGemissionsforeachsectionwithineachscope.TheGHGtool thengeneratessummarystatisticsfeaturinginsightsintowhichscopeemitsthelargest amountofGHGemissions,specificGHGs,andtheirCO½equivalentGHGeffect CO½e¡.These statisticsarealsosplitintospecificsourceswithinascope.Thesegeneralsummary statisticscanthenbeusedtohelpguidepolicymakers,communitymembers,and governmentofficialsonhowtolimitgreenhousegasemissions.
406
17 FigureÁTableofContentsfortheEPAtooloutliningthecontributingsourcestothe¾scopesofemissions CKIIQJiPUGHGTKKl
Thefollowingdescribesallcommunitydatasourcesusedandassumptionsmadewiththe communityGHGtool.Alldatapresentedarefortheyear2022.

ScKLe¼
ƔTheEPAtoolrequiresinputofsector,vehicletype,vehicleyear,fueltype,fuel consumption,andvehiclemilestraveledforeachindividualvehicleusedinthe community.Unfortunately,transportationdatawiththenecessaryinputpointsdoes notexistforthissector.ThisisduetothehighpopulationoftheCityofOrange,and theconstanttravelto,from,andthroughbypersonsnotlivingintheCityofOrange.

ƔTheEPAtoolrequiresinputofsector,fueltype,andamountoffuelusedinMCF ¼,»»»cubicfeet¡.ThisdatacomesfromtheSouthernCaliforniaGasCompany SoCalGas¡andisorganizedbyzipcode.Thesectorfueltypeandamountoffuelin thermsareallsuppliedinthisdataset.Theonlynecessaryactionsweretoremove anyblankzipcodesandconverttheamountoffuelfromthermstoMCF.

ƔSinceCityofOrangedoesnotuselandfillswithinthecityforsolidwastefromits ownsourcessuchaspublicparksandgovernmentfacilities,solidwastedataisnot includedinScope¼asitisnotadirectGHGemission.Solidwastedataismovedto Scope¾,wasteproduction.

ƔWastewaterdataisnotavailableandnotincluded.

ScKLe½
ƔElectricitydataissuppliedbySoCalEdison.Thedataisorganizedbysector.

Residential,Commercial,andIndustrial/Agricultural¡andamountusedinkilo-watt hours Kwh¡.
407
18 ƔTherearenootherassumptionsthatweremadeinthissection.

ScKLe¾
ƔWateruseforthecommunitywascollectedfromtheCityofOrangefortheyearof ½»½½andcoveredconsumptionforcommercial,industrialandresidentialusefor condominiums,singlefamily,andmultifamily.

DaPaGaLO
ƔThereisnomobileunitsdataasthedatadoesnotexist.

ƔThereisnourbanforestrydatafortheCityofOrangemeaningthatalargecarbon sinkisnotaccountedfor.

ƔThereisnoavailablewastewaterdatafortheCityofOrange,howeverinotherGHG inventoriesitisaverysmallportionofthetotalemission,sothisportionhasbeen leftout.

ƔThereisnoagricultureoccurringintheCityofOrange,sothisportionisleftout.

ƔNoadditionalemissionsourcesareusedinthisinventory.

ƔLocalwastedatafromsourcesisabsent,thisdatacouldbesuppliedbyCR&R.

CiPUGHGTKKl
ThefollowingdescribesallcitydatasourcesandassumptionsusedwiththecityGHGtool.All datapresentedarefortheyear2022.

ForthecityGHGtool,theCityofOrangedepartmentswerere-organizedforsimplerdata input.Thedepartmentsareorganizedasfollows:

ƔCityManagerismergedwiththeCityClerk,CommunityDevelopment,Economic Development,Finance,HumanResources,andCityAttorneydepartments.

ƔCommunityServices
ƔFire
ƔLibraryServices
ƔPolice
ƔPublicWorks
ScKLe¼
ƔTheEPAtoolrequiresinputofsector,fueltype,andamountoffuelusedinMCF.

StationaryUnitsdataissuppliedfromSoCalGas.Theserviceaddressofeachbilled locationwasprovided,whichallowedthegasbillstobesortedbydepartment.The serviceaddressesalsoprovidedtheexactbuildinginwhichitwasbilled,which allowedforeasydepartmentcategorizing.Forexample,manyofthebilledaddresses arefirebuildingswhichcorrespondtothefiredepartmentandmanyareparks whichcorrespondtocommunityservicedepartments.

ƔTheEPAtoolrequiresinputofdepartment,vehicletype,vehicleyear,fueltype,fuel consumption,andvehiclemilestraveledforeachindividualvehicleusedbytheCity. 408
19 ThemobileunitsdataweresuppliedbytheCityofOrange.Thedatasetconsistsof thecityvehiclefleetorganizedbydepartment,aswellastypeoffuel.TheCityalso suppliedfuelusagebrokendownbydepartment.Forexample,thefiredepartment usedÁ,¼¾¼gallonsofgasolinein½»½½,aswellas¿½,¼ÃÀgallonsofdieselfuel.By usingthisfuelconsumptiondataandthetotalamountofvehiclesusinggasolineor dieselwithinadepartment,accuratefuelusageamountswerecalculatedper vehicle.ApplyingtheEPA’sestimatesformilespergallontothesefuelusage amountscalculatedaccuratevehiclemilestraveledpervehicle.Theonly assumptionsneededtobemadeinthissectionarewithregardstothevehicletype.

ThespecificvehicletypeslistedintheEPAtoolarepassengercar,lighttruck vans, pickuptrucks,SUVs¡,heavy-dutyvehicle,motorcycle,agriculturalequipment, constructionequipment,utilityandrecreationalequipment,aircraft,ship/boat,and locomotives.Basedonthevehiclemodelanddepartment,vehicletypewasassumed.

ƔSincethereisnolandfillwithintheCityofOrange,solidwastedataisnotincludedin scope¼asitisnotadirectGHGemission.Solidwastedataismovedtoscope¾, wasteproduction.

ƔWastewaterdataisnotavailableandnotincluded.

ScKLe½
ƔElectricitydataissuppliedbySoCalEdison.ThedataisorganizedbytheirIndustry DescriptionsandamountusedinKwh.Thisdataincludesstreetlightsandcity buildings,amongotherinfrastructure.Thedataincludesallelectricityusedincity operations.Assumptionsweremadewithregardstowhichcitydepartmentspecific electricitybillingaddresses,orindustries,correspondto.Theseassumptionsare veryaccurate,astheaddressescorrespondtospecificcitybuildingsorspecifictypes ofcitylightingthatcorrespondtoaspecificdepartment.

ScKLe¾
ƔCommutingdataforcityemployeeswascollectedthroughasurveygiventotheCity ofOrangeCityHallemployees.Informationaboutcommutingtypes,daysworked, commutelength miles¡,andnumberofemployeeswasusedtoaveragethetotal emissionsfortheyear.

ƔWateruseforthecitywassuppliedbytheCityofOrange.Thisdatasetconsistedof totalwaterusebrokendownbysectorfortheyearof½»½½andcovered consumptionforagriculture,biketrails,fireservice,andmunicipal.Usingthe amountofbuildingsusedineachdepartment,accurateassumptionsofconsumption datawerethencalculated.Thecalculationswappedtheorganizationfromsectorto theproperinputbydepartment.

ƔWasteproductiondatawassuppliedbytheCityofOrangeandisbrokendownby specificdepartments.Wasteproductdatawascollectedfortheyearof½»½½and coveredsolidwasteandrecyclablesfromcitymanagedsites,includingfirestations, policestations,publiclibraries,parks,andgovernmentbuildings. 409
20 DaPaGaLO
ƔAssumptionsweremadeforvehicletypeinScope¼mobileunits.

ƔWaterusedatawasnotcorrectlyorganizedassupplied,thereforeassumptionswere madewhencalculatingtheproperbreakdownbydepartment.EPAToolcategories listedmorespecificcategoriesthanthoseprovidedbytheCityofOrange.

ƔTheonlycommutingdatasuppliedwasforcityhallemployees.

ƔThereisnourbanforestrydatafortheCityofOrange,meaningthatalargecarbon sinkisnotaccountedfor.

ƔThereisnoavailablewastewaterdatafortheCityofOrange,howeverinotherGHG inventoriesitisaverysmallportionofthetotalemissions,sothisportionhasbeen leftout.

ƔThereisnoagricultureoccurringintheCityofOrange,sothisportionisleftout.

ƔNoadditionalemissionsourcesareusedinthisinventory.

IJReJPKNUReOQlPO
CKIIQJiPUDaPa
FigureÂContributionstoCO½emissionsbytypeofsource.Electricity-LocationBased&Market.Basedare thelargest both¿¿Î¡followedbyStationaryCombustion ¼½Î¡. 410
21 FigureÃContributionstoCO½Emissionsbyeachtypeofsource.Residentialisthelargest ¾ÀÎ¡followedby Commercial/Institutional ¾¾Î¡,thenIndustrial ¾½Î¡
Forthecommunitydata,therearemanydatagaps,sotheseresultsonlyincludenaturalgas andelectricitydata.Basedonthisdataweseethatelectricityisaverylargeemitter Figure Â¡.TheCityofOrangeisahighlypopulatedareawhichconsistsofnumerouselectricity uses.InFigureÃ,eachsector residential,commercial/institutional,andindustrial¡ contributesnearlyequalproportionsofGHGs.

ThestateofCaliforniaoffersanumberofdifferentprogramsincentivizinghomeownersto installsolarpanels,whichcanbeutilizedbyresidentsorhome/buildingowners.These programscouldbepromotedbytheCityofOrange.Similarly,theCitycouldpromote electricityreducinghabitssuchasturningofflightsatnighttime,includingoutdoorlights.

ManyschoolsandbusinesseshavelargeLEDsigns,orlightingthatison½¿hoursaday.The Citycouldencouragebusinessestoshutofflightingoutsideofbusinesshours,andpromote tohomeowners,businessowners,andresidentstocutbackonelectricityusage.Overall, thecityshouldfocusonelectricityasanemissionsource,andworktopromotecleaner sourcesandmoresustainableelectricityhabits.Additionally,theCityofOrangeandits residentswouldbenefitfromjoiningtheOrangePowerAuthority,whichfacilitatespooling renewableresourcesforenergyuse,andempowershomeownerstofeelmoreempowered toactonclimatechangewhilereducingtheenvironmentalimpactoftheirenergyuse. 411
22 CiPUDaPa
FigureÄContributionstoCO½Emissionsbyeachtypeofsource.Electricity-LocationBasedisthelargest À¿Î¡followedbyMobileCombustion ½¾Î¡,EmployeeCommute ¼¾Î¡,WasteGeneration ÃÎ¡,then StationaryCombustion ½Î¡
Figure10ContributionstoCO½Emissionsbyeachtypeofsource.PublicWorksisthelargest ¿¼Î¡followed byCityManager ½ÀÎ¡,Fire ¼½Î¡,Police ¼¼Î¡,CommunityServices ÄÎ¡,thenLibraryServices ½Î¡ Basedonthesenumbers,publicworksisthelargestdepartmentemitterofGHGs.Thisis expectedasthepublicworkshasalargevehiclefleet.DatafromtheGHGinventoryshows thatelectricalusageinbuildingscontributesalargeproportionofGHGs.Emissionscanbe reducedbyusingcleanerenergysourcessuchassolarwhenappropriate.Inaddition,street lightinglikelycontributestoalargeproportionofGHGemissions.TheCityshouldcontinue toevaluateenergyefficientstrategiesfrombothbuildingandstreetlightingastheseare majorcontributorsofGHGs.

Tobetterunderstandtheprioritiesofthecommunityandexistingsustainabilityactivities, thecommunityengagementgroupspokewithvariousstakeholdersasdiscussedinthenext chapter.
412
23 Chapter¾:CommunityEngagement
CKIIQJiPUEJgageIeJP
TheinvolvementofthecommunityinthedevelopmentofacitySustainabilityPlanallowsfor initiativestobeincludedthataddresstheissuesandconcernsofthepeoplewithintheCityof Orange.Thecorrespondencebetweenthecommunityengagementgroup,thecitycouncil, communitymembers,andthesustainabilitygroupbringdifferentperspectivestoincludein theplan.

WhKWeTalkedTK
Toachievethisgoal,individualmeetingswereheldwithcitycouncilmemberstoreceive city-wideanddistrict-specificfeedback.Additionally,communitymemberopinionswere collectedatvariouseventsasinputforourplan.Atalltheseevents,theresidentsofOrange gavethoughtfulandhelpfulsuggestionsfromeagercitizenswhowereexcitedtoseethe planbroughttofruitionandwantasayintheprocess.Approximately¾»community membersandthreecitycouncilmembersprovidedinputtothisplan. SeeAppendixCfor additionalinformation¡
413
24 Someeventsorlocationsinclude:

ƔOCGoesSolar
ƔOrangeSustainability
Meeting
ƔFarmer’sMarket
ƔCityCouncilMeeting
Figure11SeniorEnvironmentalScience
CapstonestudentsatOrangeHomeGrown’s
farmersmarket
WhaPSaOAOked
Tocollectthenecessarydata,informationwasobtainedthroughaskingquestionsregarding currentandfuturesustainabilityefforts.Thequestionwasthenturnedaroundtoseeif communitymembershadanygeneralquestionstoclearupanyconfusionastowhat sustainabilitymeansandhowthatcouldimpactOrange.Openingupthespaceforpeopleto askquestionscreatedadialoguethatallowedforcitizenstogainabetterunderstanding andknowledgeofwhattheplanentails.

Thespecificquestionsthatwereaskedtocommunitymembersacrossalleventsandtothe citycouncilmembersinclude:

ƔWhaPcurrentsustainabilityeffKNPOhaReUKQKbOeNRediJPheCiPUKfONaJge KNiJUKQNdiOPNicP
ƔWhaPOQOPaiJabiliPUiJiPiaPiReOwouldyouliketoseeiILleIeJPed ƔDKUKQhaRequestionsabKQPOQOPaiJabiliPUeffKNPO
414
25 HKSPheCKIIQJiPUReOLKJded
Figure1½CommunityinputonSustainabilityPlanbycategory.Treecoveragewasthecommunitymembers® utmostconcernat ½ÄÎ¡,followedbyComposting ¼ÄÎ¡,thenSolar,BikeLanes,andEducationalProgram all ¼¿Î¡,andfinallyEVparking/charging ¼»Î¡
WithanefforttogaininsightintowhatthecommunitymembersofOrangebelievewould createamoresustainableOrange,councilmemberswereaskedtoprovidetheirinsight.As representativesoftheirdistricts,theyrepresentthegeneralconsensusamongtheirown communities.Topicssuchasbikelaneexpansion,composting,solarpower,andtree coverageareofhighinteresttothecouncil.Theseareonlyafewofthevariouseffortsthat wouldhelpcarryoutaneffectiveSustainabilityPlanforthecommunityofOrange.

IJLQPfNKICiPUCKQJcilMeIbeNO
CKQJcilIaJJKhJGUlleJhaIIeN
Itisimportanttostayfocusedonthealreadyexistingsustainabilityprojectsandinitiatives, suchasonesliketheswitchfromregularelectricitytoSolarLEDlights,whichhas decreasedthecityspendingandisreducingtheuseofnon-renewablesourcesofpower.

ThecityhasalsoimplementedmoreEVchargingstations,butalsohopestoseean expansioninanothermodeoftransportation;bikelanes.Furthermore,trafficreductionis oneoftheprioritiesthatwouldallowforcleanerairandeasiertransportationthroughout thecity.Compostinghasalsobeenofpeakinterestandcouldprovideamorepositive 415
26 impact, andisalreadybeingcarriedoutwithinhouseholdsinOrange.Formoresustainableinitiatives,acampaignoncompostingseemstobesomethingthatthecommunitycouldbenefitfrom.

AnymeasurestakentowardsasustainableOrange,ideallyshouldhaveautilityexpensereductionperspective,allowingtheCitytofundmoreprogramsandaddressmultiplepriorities.Asacity, itwouldbebeneficialtoleverageeventssuchasEarthDayandCleanUpOrange.ThiswouldonlyenhancethecommunityfeelofcreatingamoresustainableOrange.Thereispowerincomingtogetherwithacommongoalinmind.Atthismomentintime,effortstoprovideincentivetothecommunityofOrange,thereisanongoingsearchforgrantsthatcouldpromotemoresustainablecities.

MayorProTemAriannaBarrios:Thehistoricdistricthasaprioritytomaintainaestheticswithintheareathatencompassesthefeeloftheoldtown.Thiseffortpushesforsustainablemeasurestoaccommodatehistoricstandards.Thiseffortlooksatsmallchangeswithinbothresidentialandcommercialplaces,likeminisplitairconditionersandchangingtoenergy-efficientlighting.Thoughthereisapushformoresustainableactionswithinthedistrict, evenmoreincentivesandprogramsaretobeimplementedandwidelycommunicatedwiththelocalresidents.Thepushofamorepedestrian-friendlyOrangeCirclethroughbikesandpublictransportation,andbusinessincentivesforemployeestoridethebusarearoundthecornerandencouragedtothosevisitingandlivinginthedistrict.

Movingforwardwithpotentialplans,therearemanythatpertaintokeepingtheaestheticofthehistoricdistrictbutaccommodatingtosustainablestandards.Apushformorecommunityinformationalprogramsongardening,moredrought-resistantyards,informationaboutwastemanagement, andamicrotransitprogramtohaveasafer, moreaccessibleOrangeCircle.

CouncilmanDenisBilodeau:Currentsustainabilityeffortswithinthecommunityincludecompostinginitiativesandrebateprogramsforwaterconservation.CR&RisthewastemanagementcompanyinchargeoftheCityofOrange,andrecently, largecompostbinshavebeenprovidedforhouseholds.Thesebinshelpminimizetheamountofsolidwastegoingtolandfillsbydivertingorganicmaterial,whichisthenconvertedintocompost. TheCityraisesawarenessofthebenefitsofcompostingbycoordinatingacompostgiveawayeventnearEarthDay,whereeachhouseholdcanreceivetwobagsfilledwithcompost. Othercurrentsustainabilityinitiativesincluderebateprograms.Suchprogramsmayprovidediscountstohelpresidentsremovetheirturfandexchangeitforsomethingthatismoresavvywhenit 416
27 comestoconservingwater.Residentsareencouragedtoswitchtosyntheticgrassorto nativeplants,whicharetypicallydrought-tolerant.

FuturesustainabilityeffortsthatwouldhelptheCityofOrangeincludeadequatetree coverageandselection,aswellaseffectiveallocationoffundsasreceivedfromtheSouth CoastAirQualityManagementDistrict AQMD¡.Thereisagrowinginterestinhaving adequatetreecoveragetoensuremoreshadeisavailable,andhightemperatures known astheurbanheatislandeffect¡arereduced,allwhileprovidingamorepleasingaestheticto theCity.Inanefforttoincreasetreecoverage,therootsystems,treelitter/debris,and generalobstructionswillneedtobecarefullyconsidered.Additionalsustainabilitygoals includeimprovedplanningandallocationoffundstobeusedtowardreducingairpollution asapartofAB½ÂÁÁ.SuchfundsreceivedbytheCityofOrangecouldpotentiallybeutilized towardinstallingmoreelectricvehicleparkingspaces.
417
28 Chapter¿:SustainabilityRecommendations
SQOPaiJabiliPURecKIIeJdaPiKJO
Thissectionisacomprehensivelistofsustainablepolicyrecommendationsbasedoninput fromtheOrangeCityCouncilandOrangeresidents.Weutilizedbestpracticeresearchin formulatingtheserecommendations,buildingfromthesuccessesofotherCAcities’ sustainableactionplans.Wehaveformattedthissectionintoindividualsectorsthathave greatpotentialtoincreasesustainability(ResidentialEnergy,CommercialEnergy, Transportation,SolidWaste,andUrbanForestry).Eachsectorhasamainpriority recommendation(lowcost,short-termaction),alistofgeneralrecommendations,and fundingopportunitiestoaidwithimplementation.SeetheSummaryTablebelowfora synopsisofthePolicyRecommendations.(SeeAppendixDforadditionalinformation) 418
29 PNiKNiPURecKIIeJdaPiKJGeJeNalRecKIIeJdaPiKJOFQJdiJg
ReOideJPial
EJeNgU
EdQcaPiKJCaILaigJin
partnershipwithSoCalEdison
informationalworkshopsand
promotionof
rebates/incentives¡
Promoteenergybenchmarking,
Reducepermittingfeesforsolar,
Encouragehighefficiency
appliancesandbuilding
electrification
Rebates/incentivesfor
residents EnergySavings
Assistance,Weatherization
Assistance¡,R-PACEFinancing
Program
CKIIeNcial
EJeNgU
CleaJeJeNgUiJceJPiRe
LNKgNaIOforbusinesses tax
breaks,private-public
partnerships,financial
incentives,etc¡
Leverageexistingcityresources,
innovativefinancingmodels,
simplifyandexpeditethe
permittingprocessforsolar
installation
CaliforniaSolarInitiative,
CaliforniaEnergyCommission
Grants,SouthernCaliforniaGas
CompanyEnergyEfficiency
Programs
TNaJOLKNPaPiKJEducationonbiketransportation
andEVchaNgiJg
Alternativetransportation,
addingEVchargingstations,
fixingbikelanes
OCTARenewedMeasureM½,
OCTARenewedMeasure
M¾,CTFPProjectX
“EnvironmentalCleanUp”
SKlidWaOPe CommunityCKILKOPiJg
IJiPiaPiRe informational
workshopsandincrease
communitycompostdrop-off
locations¡
Implementplasticwaste
reductionefforts,increase
communitygardens,and
improvewastemanagement
ClimatePollutionReduction
Grants,CalRecycleGrants
UNbaJFKNeOPNUCityofOrangeTNeePlaJPiJg
IJiPiaPiRe createaUrbanTree
MasterPlanandprovide
informationalworkshops¡
Increasepermeablelandscapes,
reviewandreviseOrange’stree
palette,andrequiretree
plantingintheconstructionof
newhomesandbuildings
UrbanandCommunity
ForestryGrants,
AdaptationPlanningGrant
Program
FigQNe¼¾PolicyRecommendationOverviewbySectorfortheCityofOrange 419
30 ReOideJPialEJeNgU
EducationCampaign(inpartnershipwithSoCalEdison)→Teachresidentshowtoreduce energyuse,increaseenergyefficiency,transitiontocleanenergy,andsavemoney! IJfKNIaPiKJalWKNkOhKLO
Holdorpromoteinformationalmeetingsandworkshopsthatteachresidentsabouttheir energyuse,howtoincreasetheirenergyefficiency,andhowtoeffectivelytransitiontoclean energy,suchassolar.

ƔSeeSoCalEdisonEnergyEducationClasses
żElectrification&DecarbonizationCourses
żHomeEnergySeriesforHomeownersSolar&Storage
żRenewableEnergyandSustainabilityCourses
ƔPotentialtocreateOrange-specificcoursesthatfocusonwaysforresidentswholive inthehistoricdistricttoimplementenergyefficiencyandcleanenergyupgrades thatalignwiththearea®sstricterbuildingcodes.

ƔCreateinfographicsandnewslettersthatprovideresidentswithtips&tricksonhow tosaveenergyandmoney,suchasthefollowing providedbySoCalEdison¡:
żShutoffyourovenforthefinalÂminutesofcooking;thetrappedheatwill finishthejob.
żWashlaundryincoldwater.Itsavesenergyandisgentleronclothes. żTurndownthebrightnessonyourTV.Mostviewingoccursatnightanyway, soturningdownyourTV’sbrightnesswillgreatlyreduceitsenergyoutput. żUnplugunusedelectronics.Standbypowercanaccountfor¼»Îofyour annualelectricityuse.
żReplaceyourincandescentlightbulbswithmoreefficientLEDs. żCookwithyourmicrowavetokeepyourhomecoolerandreduceenergy costs.

ƔPromotea“HowTo”onthestepsforresidentstoimplementasolarprojectattheir home&beinterconnectedtoSoCalEdison’selectricgrid SoCalEdison,seelinkfor anexample¡
RebaPeOIJceJPiReO
Directresidentstorebates/incentivestosavethemmoneyandmaketheirhomesmore sustainable&energyefficient.
420
31 FigureC1ImagefromCurrentHome
ƔLow-incomeassistanceprograms
żSoCalEdison’sEJeNgUSaRiJgOAOOiOPaJcePNKgNaI ESA¡isdesignedto helpyouconserveenergyandsavemoney.Income-qualifiedcustomersmay beeligibletoreceiveenergy-efficientappliancesatnochargeoraminimal charge.Ifyouqualify,SoCalEdisonwillcoverthecostsofnew
energy-efficientappliancesincludinginstallation. SoCalEdison,seelinkfor eligibility,howtoapply,andadditionalinformation¡
żTheU.S.DepartmentofEnergy®s DOE¡WeaPheNiVaPiKJAOOiOPaJce PNKgNaI WAP¡helpsreduceenergyusageandcostsbyprovidingservices intendedtoimproveenergyefficiencyinthehomesofeligiblelow-income households. CaliforniaDepartmentofCommunityServicesand
Development,seelinkforeligibilityandadditionalinformation¡.

ƔEnergyEfficiencyFinancing SoCalEdison,seethelinkforadditionalinformation¡ żGKGNeeJHKIeEJeNgUFiJaJciJgprovidesfinancingoptionsforenergy efficiencyupgradestohelpresidentsreducetheiroverallenergyuse.

Single-familyhomes,townhomes,condos,manufacturedhomes,and propertiesof¼-¿unitsareeligible.
żGKGNeeJAffKNdableMQlPifaIilUEJeNgUFiJaJciJgoffersfinancing optionstoupgradedeed-restrictedmultifamilypropertiestobemoreenergy efficient.Bothin-unitandcommonareameasuresareeligible,andaportion offundscangotowardnon-energyimprovementssuchaslandscapingand playequipment.
żDemandResponsePrograms SoCalEdison,seelinkforadditional informationandhowtosignup¡
ŶSQIIeNDiOcKQJPPlaJ
ƔResidentscanearnupto´¼Á»insummerbillcreditsby
reducingenergyconsumptionduringhighdemandperiods.
421
32 SoCalEdisonautomaticallycyclestheresident’sA/Conandoff duringhighdemandeventsinexchangeforbillcredits.

ŶSIaNPEJeNgUPNKgNaI
ƔResidentsearna´ÂÀsign-upcreditandupto´¿»inannualbill
creditswhenmaintainingenrollmentfromJune¼stto
September¾»th.SoCalEdisonautomaticallyadjuststhe
resident’sthermostatbyuptofourdegreesduringpeakenergy
demandeventsinordertosaveenergy,andtheresidentcan
overrideeventsatanytime.

ŶPKSeNSaReNReSaNdOPNKgNaI
ƔResidentswhoreduceenergyuseduringPSRprogramevents
canearnenergybillcredits averageof´½»annually¡.
żSolarEnergyPrograms
ŶGRIDAlPeNJaPiReOEJeNgUfKNAllPNKgNaIprovidesno-costsolar forfamilieswithlimitedorfixedincomes. GRIDSolar,seelinkfor eligibilityandmoreinformation¡
ŶRenterscanadvocatefortheirbuildingownertoparticipateinthe SKlaNKJMQlPifaIilUAffKNdableHKQOiJg SOMAH¡programand
canseeacreditfromsolarproductionontheirenergybills. SOMAH, seelinkforadditionalinformation¡
GeJeNalRecKIIeJdaPiKJO
BelowisalistofsustainableactionsimplementedbyavarietyoflocalCAgovernmentsthat providesOrangewithatemplateofwaystheCitycanhelpresidentsreducetheirenergy consumptionandGHGemissions.

ƔPromotehighefficiencyappliancesinthehome CityofDanaPoint¡ ƔRecommendhighenergyefficientlightingoptions CityofDanaPoint¡ ƔPromotebatteryrecyclingandlightbulbrecyclingforresidents CityofDanaPoint¡ ƔEncourageenergyauditsforresidents CityofDanaPoint¡
ƔEncouragenaturallightingandventilationthroughsolartubes;orientbuildings duringconstructiontomaximizesouthernexposure CityofDanaPoint¡ ƔCompleteenergyefficiencyretrofitsinexistingresidentialbuildings CityofLa Mesa¡
ƔEnergyBenchmarking:PromotetoolslikeENERGYSTARPortfolioManagerfor residentialandnon-residentialpropertyownersandoperatorstobuildawareness oftheirenergyuse,GHGfootprint,andoptionsforimprovingefficiency CityofLa Mesa¡
422
33 ƔTheCitycanreviewitsexistingbuildingcodesandregulationstoidentifypotential barrierstosolarprojectimplementation,andreduceorremovethesebarriers throughamunicipalcodeamendment. CityofLaMesa¡
ƔAswithothermeasures,theCitycanlearnfromlocalbestpracticesinthistopicarea andconsultwithregionaljurisdictionsontheirpasteffortstostreamlinethesolar permittingprocess,reducepermitfees,orremoveotherregulatorybarriers. Cityof LaMesa¡
ƔEnhanceenforcementofTitle½¿complianceforexistingresidentialbuildings City ofCorona¡
ƔEstablishonlinepermittingtofacilitateenergyefficiencyandcleanenergyupgrades CityofCorona¡
ƔEducateCitystaffanddevelopersonfutureTitle½¿updatesandnewenergy efficiencyopportunitiesfornewresidentialdevelopment CityofCorona¡ ƔAdoptaResidentialEnergyEfficiencyOrdinance CityofEncinitas¡ ƔRequireorencouragedecarbonizationofnewresidentialbuildings Cityof Encinitas¡
ƔProvideincentivesandreduceregulatorybarriersfornewresidentialbuildingsto installsolarsystems CityofEncinitas¡
ƔEncourageorrequireenergyefficiencyauditsandupgradesatthetimeofbuilding sale CityofGlendale¡
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ƔSeeabove PriorityRecommendation¡foralistofrebates/incentives/financing programsforresidents.

ƔResidentialPropertyAssessedCleanEnergyPrograms,orR-PACE runbythe DepartmentofEnergy¡
żR-PACEallowshomeownerstofinanceenergyefficiency,renewableenergy, andothereligibleimprovementsontheirhomesusingprivatesourcesof capital.PACEprogramsaretypicallyenabledthroughstatelegislation,and authorizedatthelocalgovernmentlevel.Municipalitiesmaydirectly administerresidentialPACEprograms,orthroughpublic-private partnershipswithoneormorePACEproviders.
żTherearecurrently¼»activeprogramsinCalifornia:seeHEREforthe guidelinesofR-PACEprogramsandhowtoenactoneinOrange.

ƔPowerPurchaseAgreements PPA¡
żTheseprogramshelptofacilitatebroadercommunity-widePVinstallations.

WithPPAs,solarserviceprovidersinstallPVsystemsthattheyownand maintain,thensellthegeneratedelectricitybacktothepropertyowneratan establishedrate.Someoftheseprogramsalsoofferlease-to-ownoptionsin whichpropertyownersownthePVsystemattheendoftheirPPAcontract 423
34 CKIIeNcialEJeNgU
CleanEnergyIncentiveProgramforBusinesses→Establishaprogramofferingfinancial incentivesortaxbreaksforbusinessesthattransitiontocleanenergysourcessuchassolar, wind,orgeothermalpower.

FigureC½ImagefromRevelEnergy
ƔProvideresourcesandguidancesuchaspublic-privatepartnershipstohelp businessestoassesstheirenergyneedsandidentifysuitablecleanenergysolutions ƔHostworkshopsorseminarsspecificallytailoredforbusinessownerstoeducate themaboutavailablecleanenergygrants,subsidies,andfinancingoptions.

ƔInviteexpertsfromrelevantgovernmentagenciesororganizationstoguidein navigatingtheapplicationprocessandaccessingfundingforcleanenergyprojects.

ƔProvidefinancialincentivesforbusinessestoinstallsolarpanelsoncommercialand industrialbuildings.Theseincentivescouldincluderebates,grants,orlow-interest loanstooffsettheinitialinvestmentcostsandmakesolarenergymoreeconomically viableforbusinesses.

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ƔLeverageexistingcityresources:
żRetrofitLEDstreetlightswithsolarpanelstooffsetenergyconsumptionand reduceoperatingcostsorimplementingperformance-basedcontractsonthe LEDssothattheCitypaysforlightingbasedonactualenergysavings,freeing upfundsforinvestmentinsolarenergyinitiatives
żIdentifysynergiesbetweenexistingcityprogramsandenvironmental objectivestomaximizeimpactandefficiency.
żIntegratesustainabilityconsiderationsintocityplanningprocesses, procurementpolicies,andinfrastructuredevelopmentprojects 424
35 ƔCollaboratewithlocalbusinesses,communityorganizations,andacademic institutionstoleverageexpertise,resources,andfundingopportunitiesfor environmentalinitiatives
ƔInvestigateinnovativefinancingmodels,suchasProperty-AssignedCleanEnergy PACE¡programsorgreenbonds,tofundsolarenergyprojectswithoutstrainingthe city®sbudget.TheCityofLaMesahasusedthisinthepast.

ƔSimplifyandexpeditethepermittingprocessforsolarinstallationstoreduce bureaucratichurdlesandencouragemorebusinessestoadoptsolarenergy ƔPartnerwithneighboringcitiestocreateprojectsthatimprovedlong-termenergy efficiency.
żTheCityofNewportBeachhaspartneredwithEdisonandtheirneighbor citiestoworkonenergysustainabilityprojects
ƔImplementdemand-sidemanagementprogramstoencouragebusinessestoshift energyusagetooff-peakhours.

ƔOfferincentivesortime-of-usepricingstructurestoincentivizeenergyconservation duringpeakdemandperiods.
żTheCityofAnaheimoffersCustomizedEnergyIncentivesthathelp businessespayforenergy-efficientupgrades.

ƔImplementorstrengthengreenbuildingstandardsandcodesfornewcommercial constructionandmajorrenovations.

ƔEncouragetheuseofenergy-efficientbuildingmaterials,sustainabledesign practices,andrenewableenergyintegrationinnewcommercialdevelopments.

ƔRequirecommercialbuildingstobenchmarktheirenergyusageandpublicly discloseenergyperformancedata.

ƔExploreopportunitiesforthecitytoprocurerenewableenergydirectlyfrom utility-scalesolarorwindfarmsthroughpowerpurchaseagreements PPAs¡or communitychoiceaggregation CCA¡programs.

ƔAdvocateforpoliciesthatsupportgreateraccesstocleanenergyprocurement optionsforcommercialentities,suchasaggregatedpurchasingarrangementsor renewableenergytariffs.

ƔDevelopvoluntaryenergymanagementcertificationprogramstailoredtotheneeds ofcommercialbusinesses,recognizingandrewardingthosethatdemonstrate excellenceinenergyperformanceandsustainabilitypractices.

ƔImplementOrangeCountyPowerAuthority OCPA¡
żIrvine,BuenaPark,andFullertonhaveallembracedtheOCPAwith remarkablesuccess.Irvineachievedasignificantreductioningreenhousegas emissionsthroughincreaseduseofrenewableenergysourcesfacilitatedby OCPAandloweredelectricitycostsforresidentsandbusinesses.BuenaPark successfullytransitionedalargeportionofmunicipaloperationsto renewableenergy,resultinginanotabledecreaseincarbonfootprint,while 425
36 alsoimplementingcommunityprogramstoencouragerenewableenergy adoptionamongresidents.Fullertonenhancedenergyresilienceand reliabilitythroughdiversifiedenergysources,reducingvulnerabilitytogrid disruptionsandengagingincollaborativeinitiativeswithneighboringcities toamplifytheimpactofrenewableenergyprocurementandinfrastructure development
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ƔCalifKNJiaSKlaNIJiPiaPiRe CSI¡
żTheCSIoffersfinancialincentivestobusinessesinCaliforniatoinstallsolar energysystems,suchassolarpanels,intheircommercialbuildings.By offsettingupfrontcosts,theCSIencouragesbusinessestoembracerenewable energysources,reducingrelianceonfossilfuelsandloweringelectricity expenses.Throughwidespreadadoptionofsolarpower,theprogram contributessignificantlytoCalifornia®scleanenergyobjectives.

ƔCalifKNJiaEJeNgUCKIIiOOiKJGNaJPO
żTheCECgrantsfundvariousenergy-relatedprojectsaimedatenhancing energyefficiency,reducinggreenhousegasemissions,andpromoting renewableenergyadoptionincommercialbuildings.Thesegrantssupport research,development,anddeploymentofinnovativetechnologiesand practices,helpingbusinessesimplementenergy-savingmeasuresand transitiontocleanerenergysources.

ƔSKQPheNJCalifKNJiaGaOCKILaJUEJeNgUEfficieJcUPNKgNaIO
żSoCalGasprovidesenergyefficiencyprogramsandrebatestocommercial customers,facilitatingreductionsinnaturalgasconsumption,operational costs,andenvironmentalimpact.Theseprogramsincentivizebusinessesto investinenergy-efficientequipmentandtechnologies,therebypromoting energyconservationandemissionreduction
426
37 TNaJOLKNPaPiKJ
Initiativeonpromotingalternativetransportation(bikingprograms,bususage,electric vehicles).Byhavinginformationalworkshops,theCitycaneducatetheresidentsofOrangeon alternativesfortransportation,suchasbiking,publictransportation,electricvehicles,and carpooling/ridesharing.Onewaytoencouragebikingistofixcurrentbiketrialsortoexpand biketrailsthatarecurrentlyinplace.

ƔIncreasebicyclepaths
żAnexamplecouldbeFullerton®sBicycleMasterPlan,whichimprovesthe city’sbikewaysandencouragesalternativetransportationmethods ƔOCTABikeSharePilotProgramKicksOffinFullerton-Orange
CountyTransportationAuthority
ƔThebikeshareprogramallowsrailandbuscommuterswho
signedupforanannualmembership,andtheygotaccesstoan
unlimitednumberoftripsunder¾»minuteswhichmadeit
idealforshorttripsaroundthecity.

ƔPromotebususage
żOrangeCountySustainableCommunitiesStrategywhichisaplansetoutto reducebasedfueltransportationandimprovetraffictechnology żBusUsagecanbepromotedbyincreasingtimeandimplementingnew programsOCTArecentlyreleasedOCbus
rapid,whichdecreaseswaitingtimes,and
hasimplementedmorecleanenergybuses
żBususagecanbepromotedbybranding
andmarketingbusrides,whichcan
encouragemorepeopletochoosebusses
astheirpreferredmodeoftransportation
ƔPromoteEVknowledge
żUsevacantspacesorconvertthemtoEV
chargingstations bringmorecustomers
totheOrangecircle¡
żInstallationofchargingstationswillallowforaneasiertransitiontoEV,and therewillbeareductioninfuel
ŶIncreasingcharginginfrastructureencouragesthecommunityto considertheopinionbecauseitwillbeshorterdistanceandeasily accessible
427
38 GeJeNalRecKIIeJdaPiKJO
ƔHavemoreelectricalvehiclesforcity-ownedvehicles,whichcanreducegas consumptionintheCityofOrange
żThiscanbealong-termeffectthathelpsreducenoise,promotesreductionin greenhousegassesandimprovesairquality
żWhenobtainingnewcitycars,optforelectriccarsandreplaceoldermodels withcleanenergycars
ƔEducatecitizensonalternativetransportation share/short-termrentalprogram¡ żUseincentivesbypartneringupwithlocalbikeshopstoincreasebikeusage żSharethroughsocialmediaorlocallypopulatedareasaroundthecityof Orangeaboutalternativetransportation
żDiscusstheideaincitycouncilmeetingsorcreatesustainablemeetingsthat allowpeopletoshareandcommunicateideasonsustainabilityand transportation
ƔEstablishmorebikelanesandfixtheonesthatarealreadyinplacetoensure maximumefficiency
żUsevolunteerworkwhencleaninguprecreationalareasorbikelanes żUpdatebikelanesthatneedfixing,suchascoloringoraddinggraphicsto makeitstandoutmore
żAddingsafetysignsthathelpwarnpeopleaboutpedestriansorbikers ƔSafeRoutestoSchoolprogramtoencourageeco-friendlytransportationandeducate familiesonotheralternativesforschool
żSantaAnausedthisplantoencouragemorefamiliestowalktoschoolby rewardingstudentsandgettingcrossingguards.
żAddingsafetyneighborhoodsignsandencouragingschoolparticipation żEncourageschoolstohostmeetingsonhowstudentscanparticipatein walkingtoschoolandhowparentscanhelptoreducetrafficinschoolareas ƔAdjustparkingrationsandlookintothecity’szoningcode
żAnexampleofthiscanbefoundinSantaAna’sclimateactionplanwherethey adjustedparkingratiostoreducetheminimumamountofparkingrequired toencouragemorepeopletofindalternativetransportation
żLocatelargeparkinglotsandreducethemtoobtainmoregreenspacesand reducetrafficinpopulatedareas
ƔAddingtrolleysaroundOrangeCircleandotherareasthatareeasilyaccessible żExamplescanbefoundinCityofLagunaBeach®sPlan,whichpromotes trolleyusebymakingitfreeandexpandingitshoursworkingfromMonday throughSunday
żItalsoreducestrafficcongestionandallowsformorevisitors ƔReducetrafficinhighlypopulatedareas ex:orangecircle¡byencouraging carpoolingorsharerides
428
39 żThroughsocialmedia,onecanconnectorsharetheideaofcarpoolingor sharerides
żWorkplacescanimplementaplanthathelpscoworkerscommutetogether ƔGete-bikesande-scootersinareasthathavehightraffic
żTheCityofDavishaspartneredupwithSPIN,whichisamicro-mobility programthatprovidesafullfleetofe-bikesande-scootersasanalternative methodforthosewhoneedshortmileconnectionsandbenefitsmanywho don’thaveaccesstoacarandlowersgreenhousegasemissions
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AlPeNJaPiRePNaJOLKNPaPiKJ
ƔOCTransitVision
ż¾»yearplanforenhancingandexpandingpublictransitinOrangeCounty ƔOCStreetCar
żFirstmodernstreetcarandwillbe¿.¼ÀmilesaroundOrangeCounty ƔOCTARenewedMeasureM½
żTransportationinvestmentplanameasureforauthorizingcollectionofsales taxover¾»yearsforfundtransportation
żOCTARenewedMeasureM¾
BikiJgPNKgNaIO
ƔGrantsPeopleForBike
żHelptransformcommunitiesbyfunding
bikeinfrastructureandpromotingbike
usageamongcommunitymembers
ƔConservationandOutdoorRecreationDivision
U.S.NationalParkService¡ nps.gov¡
żProvidesfundingforlocalcommunities
tohelpconservewaterandlandsclose
tohomeoutdoorrecreation.

ƔCaliforniaE-BikeIncentiveProject ebike
incentives.org¡
żFundedbytheCaliforniaAirResourceBoard,theirmaingoalistohelp promoteandprotectpublichealthandecologicalresources
ƔCTFPProjectX“environmentalCleanUp”
żImprovesoverallwaterqualityinOrangeCountyfrom
transportation-generatedpollutionandfundsaredesignedtosupplement existingtransportation
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ƔCaliforniaVehicleInfrastructureProject
429
40 żHelpsfundEVchargingstationsaroundareasthataremostpopulatedto encouragetheuseofelectriccarstoreducepetroleumuse
ƔTesla
żElectriccarvehicleproductioncompanythatinstallsSuperChargerstations forfree,againencouragingthereductionofpetroleumreliance.

ƔCleanTransportationProgram
żProvidesfundingtosupportinnovationandacceleratethedevelopmentand deploymentofzero-emissiontransportation
430
41 SKlidWaOPe
CommunityCompostingInitiative→Teachresidentshowtocompostathome→reduceGHG emissions,minimizelandfillwaste,andfertilizeyourgardenandhouseplants! Beginningin½»½»,CityofOrangehouseholdgreenwastebinsbecameorganicwastebins SeeCR&ROrganicsProcessing¡.Thismeansresidentsarerequiredtobeginsorting organicwaste i.e.foodscraps,yardtrimmings,andpaper¡intotheirorganicwaste bin.However,therearecQNNeJPlUJKNeMQiNeIeJPOfKNaLaNPIeJPcKILleTeOPK LNKRideKNgaJicSaOPediOLKOalbiJOwhichhasledtoanincreaseddemandincompost initiativesforresidentsinapartmentcomplexeswhodon’thaveaccesstoorganicwaste binsoraspaciousyardforin-groundcomposting.

Additionally,tocomplywithSB¼¾Ã¾,CR&RshouldprovideresidentsoftheCityof Orangesmallerorganicwastebinstoputintheirhometomoreeasilydisposeoforganic wastepriortodisposingoforganicwasteinthegreenwastebins.Thishasbeen implementedinneighboringcitieswithgreatsuccess,includingLagunaBeachand Anaheim.

IJfKNIaPiKJalCKILKOPiJgWKNkOhKLO
ƔTeachresidentshowtocompostathome!
ƔCollaboratewithlocalorganizationstohosttheworkshop
ƔThisworkshopwillcover:

ŶHowtocompostathome whatcanandcan®tbecomposted¡
ŶHowtousethecompostinthegarden!
ŶCommonconcernsaboutcomposting
ŶThebenefitsofcomposting
ƔRefertoMissionViejo®sFreeCompostingClassandLongBeach’sFreeComposting Classfornearbyexamples
ƔHoldaraffletogiveawayonefreecompostcontainer
żAdditionally,participantscanpurchasecompostcontainersatadiscountedprice ƔRegularlyholdtheseworkshopstwiceayeartoallowresidentswhoareinterested incompostingtohavethebestchanceofattendingaclass
ƔWhilecompostingreduceslandfillwasteandgreenhousegasemissions,italsohas thepotentialtoreducethecostofwastedisposal
żSeeUSEPACompostingReport
431
42 żOrganicmaterialscompriseÀ¼.¿percentofmunicipalsolidwasteinlandfills żWastedfoodisresponsibleforÀÃÎoflandfillmethaneemissions FigureC¿CompostingWorkshopFlyerSampleTemplate
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ƔOrangeHomeGrowniscurrentlytheonlylocationinOrangewherethecommunity candrop-offtheircompost
żThislimitstheirabilitytoaccepteveryone’scompostastheycanonlyprocess agivenamountatatime
ƔCreatemorecompostdrop-offlocationsatlocalparks!
żSeeCityofSantaAnaCommunityCompostandChicago®sFreeFoodScrap Drop-Off
ŶMakeswastereductionmoreaccessibleforresidentsinapartment complexes
ŶSupportedbyvolunteersandcommunitymembers
ƔWeeklyvolunteermaintenancecrew
FigureCÀTotalMunicipalSolidWasteLandfilled bymaterial¡,½»¼ÃEPA AdvancingSustainableMaterialsManagement:½»¼ÃFactSheet pdf¡ 432
43 Landfillslacktheoxygenrequiredtobreakdownorganicmaterialswhichallows anaerobicdecomposition thebreakdownoforganicmaterialwithoutoxygen¡totake place.Thisprocessreleasesmethaneandcarbondioxide,whichareairpollutantsthat aremajorcontributorstoclimatechange.Therefore,bycompostingourorganicwaste andusingthecompostproduced,wecanreducetheemissionofthesepollutantsand returnthenutrientsbacktothesoilwhichwouldiILNKReOKilMQaliPUaJdhelLPK IakeKQNecKOUOPeIOIKNeNeOilieJPPKPheiILacPOKfcliIaPechaJge.

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BelowisalistofsustainableactionsimplementedbyavarietyoflocalCAgovernmentsthat providesOrangewithatemplateofwaystheCitycanhelpreducesolidwasteandGHG emissions
ƔLimittheuseofdisposableplasticsandreducewastewithintheCity żSeeCityofArcadiaPlasticWasteReduction
żPhase¼:Restrictthedistributionofsingle-usefoodutensils onlyupon request¡
żPhase½:Banfoodandbeveragecontainersmadeofpolystyrene styrofoam¡ ŶSeeChildren®sEnvironmentalHealthNetworkformoreinformation onwhystyrofoamisahealthandenvironmentalconcern
ƔCreateincentiveprogramsforresidentswhoreducethequantityofwastetheysend tolandfills
ƔMinimizewasteproducedatcityfestivalsandlargeevents
ƔRequirevendorstoonlydistributecompostableorrecyclablefoodserviceitems ƔCommunicatewastereductiongoalswithvendors,
caterers,andguests
ƔInformguestsonhowtodisposeofwaste
żSeeDCEEWasteReductionGuideandLA
CountyWaste-FreeEventGuideformore
ƔSupportthecreationofandcontributetoa
regionalrecyclingdatacollectivetobetter
understandcommunitywaste
ƔIncentivizebusinessestopursuestrategiesthat
minimizetheirwaste
żSeeCityofSanJoseC&DDiversionDeposit
program
FigureCÁCityofArcadia’sPlastic
WasteReductionPlan
433
44 ƔCollectadepositwhenabuildingpermitisissuedforconstruction,demolition,and remodelingprojects
ƔTohavetheirdepositsreturned,contractorsarerequiredtodivertatleast À»Îofthegeneratedwaste
ƔIncreasehard-to-recycleeventsanddrop-offlocations
ƔCollaboratewithCalTranstoorganizefree“DumpDayEvents”incentivizedbythe ½»½½CleanCalifornia
żFormoreinformation,seeavailablegrantsbelow
ƔIncreaseavailabilityofpublicorganicsbins
ƔImplementfoodrecoveryprogram
ƔIncentivizetheincorporationofurbanagriculturefeaturesincludingindoor agriculture,edibleforestry,communitygardens,etc.

ƔContinueandenhancepublicoutreachprogrammingthatprovidesresidentswith strategiesforhouseholdwastereduction,includingfromfoodwasteandshipping andpackaging e.g.,on-demanddeliveries¡,includingoutreachinlanguagesthat reflectthediverseneedsofOrangeresidents
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ƔClimatePollutionReductionGrants
żTheprogramprovides´Àbillioningrantstostates,localgovernments,tribes, andterritoriestodevelopandimplementambitiousplansforreducing greenhousegasemissionsandotherharmfulairpollution
żAuthorizedundertheInflationReductionAct,thisprogramprovides´½À» millionfornoncompetitiveplanninggrants,andapproximately´¿.Ábillion forcompetitiveimplementationgrants.

ƔCalRecycleGrants
żCommunityCompostingforGreenSpacesGrantProgram
żProgramaimstoPromotecommunityactivitiesthatincreaseorganicwaste diversionindisadvantagedandlow-incomecommunities.
żReducefoodandorganicwastedisposedofinlandfills
434
45 UNbaJGNeeJiJg
CityofOrangeTreePlantingInitiative→reduceairpollution,saveonenergyconsumption, mitigateflooding,andsimplymakelivinginOrangealittlemorebeautiful! Urbantreecoverageisnotdistributedequally.Studieshaveshownthatneighborhoods withlesstreecoveragetendtobehometoresidentsoflowerincome.Theexpansionof treecanopiesinurbanareasarecrucialtoclimateadaptationmeasuresbecauseby providingshadetootherwisescorchinghotpavementandhomes,theyhavetheabilityto NedQceeJeNgUcKJOQILPiKJaJdcKOPONegQlaPeaiNaJdJKiOeLKllQPiKJIiJiIiVe SaPeNQOe,andmanymorebenefitstoresidentsofOrange.

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ƔIdentifypriorityareasandstreetsinneedoftreecanopies
żUtilizespatialdataontreecanopiesinOrange
ƔCreateaUrbanTreeMasterPlanthatidentifiesatargetnumberoftreestobe plantedinspecifiedareasbyatargetdate ½»½Ã?¡
żThisMasterPlanwillalso:

ŶPrioritizespacesinneedoftreecoverage
ŶIdentifywaystointegratepermeablelandscapes
ŶDevelopaplantoincreasepermeableareasfornewtreesandrestore spacesthathavebeenpaved
ƔProvideworkshopsthatteachresidentsaboutthetreeplantinginitiative żCollaboratewithalocalgroupstohosttheworkshopsuchasanativeplant nurseryorOrangeHomeGrown
żParticipantscanlearnabout:

ŶHowtreesreduceutilitiesbyreducingenergyandwateruse
ŶWhattreesandshrubsarebesttogrowintheiryard
ŶHowtoplantandmaintaintheplants
ƔIncentivizeresidentsinidentifiedareastoplantnativetreesandshrubs żEnsurethediversificationoftreespecies,includingusingnativetreeand shrubspeciesand/orspeciesthatareadaptedtohighertemperaturesand requirelesswater
ƔIncreaseawarenessofstrategiesabouttreeplantingtoreducegreenhousegas emissionsbyincludingsignageandeducationalmaterialsontreecanopiesand carbonsequestrationbenefitsatlocationswheretreeshavebeensuccessfully planted
435
46 ƔBelowaresomeexamplesofcitiesthatimplementedatreeplantingprogramfor littletonocosttothecitythroughgrantsandresidentfees
żCheckoutAnaheim’sTreePowerRebateProgram!
ŶApartnershipbetweenAnaheimPublicUtilitiesandCityofAnaheim CommunityServices,offersaprogramtoprovideFREEtreesto
residents
ŶHomeownerswhoareinterestedinpurchasingtheirowntreescan applyforatreerebate
żFountainValleyTreePlantingProgram
ŶResidentswithoutatreebytheircurbinfrontoftheirpropertycan purchaseatreetobeplantedfor´¾À
żSeeUSCUrbanTreesInitiative
ŶAscientificplanforhealthierandmoreresilienturbanforests FigureCÂCityofSanDiego’sTreePlantingProgramPoster
436
47 Thecostofenergyandwatercanbesignificantlyreducedbyplantingdrought-tolerant andnativetrees,especiallywhenplantinginareasservedbyrecycledand/orgreywater infrastructure.Treecanopiesarecapableofsequesteringcarbondioxideandsignificantly improvingairqualityinagivenarea.

Orange City CouncilMay 14, 2024

Orange City Council
May 14, 2024