Agenda packet — Orange City Council, July 23, 2024 (part 3 of 3)

489
Agenda Item
City Council
Item #: 9.1. 7/23/2024 File #: 24-0413
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Presentation of the Economic Development Implementation Plan for Fiscal Year 2024-25.

2. SUMMARY
Update and presentation of the Economic Development Implementation Plan detailing proposed programs and efforts for Fiscal Year 2024-25.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
e: Create an environment to attract, retain, and expand economic opportunities.

6. DISCUSSION AND BACKGROUND
Under the direction of the City Council, the City Manager’s Office leads economic development efforts in partnership with the Community Development Department and other City departments. City efforts are augmented through partnerships with the Orange Chamber of Commerce and other economic development stakeholders.

The City of Orange Economic Development Strategy guides City efforts to:
· Foster a positive environment that expands economic opportunities · Ensure a broad revenue base to fund City services
· Create and retain quality jobs in the City
· Provide a wide range of retail, restaurant, and service amenities for residents and visitors · Ensure that housing development supports the needs of residents and businesses The Economic Development Implementation Plan for Fiscal Year 2024-25 details activities that are proposed to be completed during the fiscal year. The plan was created with input from the Economic Development Roundtable, which brings together business owners, property owners, community stakeholders, and the Orange Chamber of Commerce. The Economic Development Roundtable, which meets periodically, was created to develop and review the City’s economic development City of Orange Printed on 7/17/2024Page 1 of 2
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Item #: 9.1. 7/23/2024 File #: 24-0413
strategy and supports and provides guidance in its implementation.

7. ATTACHMENT
· Fiscal Year 2024-25 Implementation Plan
City of Orange Printed on 7/17/2024Page 2 of 2
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491
Agenda Item
City Council
Item #: 9.1. 7/23/2024 File #: 24-0413
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Presentation of the Economic Development Implementation Plan for Fiscal Year 2024-25.

2. SUMMARY
Update and presentation of the Economic Development Implementation Plan detailing proposed programs and efforts for Fiscal Year 2024-25.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
e: Create an environment to attract, retain, and expand economic opportunities.

The City of Orange Economic Development Strategy guides City efforts to:
· Foster a positive environment that expands economic opportunities · Ensure a broad revenue base to fund City services
· Create and retain quality jobs in the City
· Provide a wide range of retail, restaurant, and service amenities for residents and visitors · Ensure that housing development supports the needs of residents and businesses The Economic Development Implementation Plan for Fiscal Year 2024-25 details activities that are proposed to be completed during the fiscal year. The plan was created with input from the Economic Development Roundtable, which brings together business owners, property owners, community stakeholders, and the Orange Chamber of Commerce. The Economic Development Roundtable, which meets periodically, was created to develop and review the City’s economic development City of Orange Printed on 7/17/2024Page 1 of 2
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Item #: 9.1. 7/23/2024 File #: 24-0413
strategy and supports and provides guidance in its implementation.

7. ATTACHMENT
· Fiscal Year 2024-25 Implementation Plan
City of Orange Printed on 7/17/2024Page 2 of 2
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Economic Development Implementation Plan - FY 2024-25
Updated July 9, 2024
Lead Partners Description Past Progress Status FY 25 Goal Infrastructure FinancingCMO PW
Enhanced Infrastructure Financing District to
fund infrastructure improvements that support
economic development
Council approved feasibility study on 11/28/23. Study
presented at Council on 3/12/24.

Working on possible participation from other
agencies in the proposed district.

Finalize proposed district for Council
consideration.

West Katella District CMO CDD, PW,
Chamber, EDR
Create a vision, place branding, and place
making for a resort district on West Katella
that is complimentary to OC Vibe and OC
Riverwalk.

Council approved agreement with CityThinkers on
1/23/24, Kosmont on 3/12/24, and CivicBrand on
4/23/24. Held interviews with key property owners in
April. Held stakeholder workshop on 6/20/24.

Evaluating input from stakeholder workshop.

Finalize Vision Plan and place branding and
place making plans for the district. Identify
development feasibility and City policies to
encourage desired development.

Economic Development
Forum CMO Chamber
Convene a stakeholder group to review the
Economic Development Strategy and perform
a SWOT analysis on the economic
development program.

Forum held on 1/17/24.

Incorporated input into Economic
Development Strategy and presented report
to City Council.

Hold Forum in January 2025.

Economic Development
Roundtable CMO Chamber
Assemble a group to meet quarterly, review
the Economic Development Strategy, and
guide its implementation.

Group met on 3/4/24 and 6/24/24 to review Economic
Development Strategy and Implementation Plan.Next meeting on 10/14/24.

Hold quarterly meetings to review and
provide input and support for FY 25
Implementation Plan.

Shop Local Program CMO Chamber, EDRDevelop a program to encourage residents to support local businesses.

Experience Orange logo finalized, and agreement
with Bludot approved by Council on 3/12/24 for an
app-based incentive program to support small, non-
chain businesses.

Program was soft launched on 6/14/24 and
fully launched on 6/25/24.

Create marketing plan for the program.

Evaluate the effectiveness of Open Rewards
and provide Council with recommendations
on the program going forward.

Tourism Promotion CMO Chamber, EDR
Create a plan to market Orange as a visitor
destination, work with Chamber to revive
Visitors Bureau, and explore the formation of a
Tourism Improvement District (TIP).

Created Orange Toursim Council (OTC) to promote
tourism in Orange. Reviewing proposals to form
Tourism Improvement District (TID).

Orange Tourism Council (OTC) is exploring
the formation of a Tourism Promotion District
(TID) and better regional integration in
promoting tourism.

Work with Orange Tourism Council to create
a visitor destination marketing plan and
present a proposed Tourism Improvement
District for Council consideration.

Hotel Development CMO Create incentives to develop high-end hotels in Orange. New objective. New objective.

Research incentives to develop high-end
hotels in Orange and present policy options
for City Council consideration.

Promote filming in OrangeCMO Film LA Update film ordinance and create program to promote filming in Orange.

Met with Film LA and got feedback on updating our
ordinance to match industry standards and how to
best promote filming.

Working on a redline of filming ordinance to
update it to industry standards.

Prepare an updated Film Ordinance based
on feedback from Film LA for Council
consideration. Create a program to promote
filming in Orange.

Microtransit Service for
Old Towne Chamber CMO, PW Launch a microtransit service through ATN for Old Towne and surrounding areas.

Funding for vehicles is in place and Council approved
$100,000 in operational funding on 3/12/24.

ATN has ordered vehicles and service can
begin in early 2025.

Launch microtransit service and evalute its
effectiveness while identifying possible
sources of funding for a permanent service.

Circulator Service PW CMO, Chamber
Study a circulator (shuttle) service for westside
Orange to connect hotels, The Outlets,
hospitals, and Old Towne.

Feasibility study is underway. Feasibility study is underway.

Complete feasibility study this summer. If
viable, develop a plan to implement the
service.

Old Towne Parking
Management PW CMO, DMA
Develop and implement parking management
programs to support economic development in
Old Towne.

Held merchant meetings on 1/11/24 and 3/13/24.Finalizing initial recommendations in preparation to brief City Council.

Present recommendations to Council on
implementation of a parking management
program with parking enforcement, improved
wayfinding, and possible paid parking
component.

Development Review
Streamlining CDD CMO, EDR
Provide the City Council with policy options to
streamline the development review process
and create an expedited process for high
priority projects.

New objective. New objective.

Identify ways to streamline the development
review process and create an expedited
process for high priority projects and present
policy options for Council consideration.

CMO = City Manager's OfficePW = Public WorksCDD = Community Development Department 494
Agenda Item
City Council
Item #: 9.2. 7/23/2024 File #: 24-0444
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Fiscal Year 2024-25 Proposed Budget Amendment No. 1.

2. SUMMARY
On June 25, 2024, the City Council adopted the Fiscal Year 2024-25 budget with a projected operating deficit of almost $8.0 million. Per City Council direction, and additional staff recommendations, staff is proposing an additional $1.4 million in budget reductions to the Fiscal Year 2024-25 budget.

3. RECOMMENDED ACTION

1. Approve the $1.4 million in additional proposed budget reductions.

2. Approve the position changes and total Full-time Equivalents for Fiscal Year 2024-25.

3. Adopt Resolution No. 11562. A Resolution of the City Council of The City of Orange Rescinding Resolution No. 11533 and amending the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.

4. Provide staff with direction on any additional reductions to the Fiscal Year 2024-25 budget.

4. FISCAL IMPACT
Upon approval of the budget reductions, the General Fund total expenditures for Fiscal Year 2024-25 is approximately $154.8 million. Any additional direction for budget amendments provided by the City Council will be brought forward for approval at a future date.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
b: Analyze future fiscal needs and potential revenue opportunities. c: Provide appropriate reserves.

6. DISCUSSION AND BACKGROUND
Background:

The City Council adopted the Fiscal Year 2024-25 (FY25) budget on June 25th and directed staff to continue collaborating with the Budget Ad Hoc Committee to identify additional budget reductions.

The FY25 adopted budget includes almost $4.1 million in budget reductions, over $4.2 million of City of Orange Printed on 7/18/2024Page 1 of 3
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additional revenues, of which $3 million is one-time monies.

Tonight, staff is proposing an additional $1.4 million in budget reductions as a result of City Council direction and City Manager recommendation. This reduction includes:

Description Amount
Part-time staff for special events $45,500
Tree lighting decorations 16,000
Movies in the Park 9,200
Concerts in the Park 26,700
Veteran’s Day 2,245
Treats in the Streets 14,141
Tree Lighting Ceremony 55,425
Special event supplies 23,650
Police overtime for special events 112,833
Holding six (6) vacancies in the Police Department 1,024,844 Total Additional Reductions $1,423,306
In addition, the FY25 adopted budget included costs associated with staffing changes and maintaining frozen positions as illustrated in Attachment B. The additional six vacancies (noted above) will bring the total Full-time Equivalents (FTEs) for FY25 to just under 712. This is a reduction of over 50 FTEs from Fiscal Year 2023-24 (FY24). Details of the total FTEs can be found in Attachment B.

Approval of the proposed FY25 budget amendment will reduce the projected operating deficit to $6.6 million, down $1.4 million from the original estimate of $8.0 million. The following is the updated FY25 General Fund’s fiscal position.

Fiscal Year 2025 1-time Recurring Total
Proposed Revenues (1st budget study session) $0 $144,006,541$144,006,541 Additional Revenues 0 1,201,000 1,201,000
Transfers In (CR&R) 3,000,000 0 3,000,000
Total Adopted Revenues 3,000,000 145,207,541148,207,541 Proposed Expenditures (1st budget study session) 0 161,236,003161,236,003 Changes from 1st budget study session-960,000 0 -961,030 Budget Reductions (6/25 budget adoption)0 -4,074,242 -4,074,242 Proposed Reductions (7/23) -1,423,306 -1,423,306
Transfers Out 0 0 0
Total Revised Expenditures -960,000 155,738,455154,777,425 Revised Operating Surplus/(Deficit)$3,960,000-$10,530,914-$6,569,884 City of Orange Printed on 7/18/2024Page 2 of 3
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Fiscal Year 2025 1-time Recurring Total
Proposed Revenues (1st budget study session) $0 $144,006,541$144,006,541 Additional Revenues 0 1,201,000 1,201,000
Transfers In (CR&R) 3,000,000 0 3,000,000
Total Adopted Revenues 3,000,000 145,207,541148,207,541 Proposed Expenditures (1st budget study session) 0 161,236,003161,236,003 Changes from 1st budget study session-960,000 0 -961,030 Budget Reductions (6/25 budget adoption)0 -4,074,242 -4,074,242 Proposed Reductions (7/23) -1,423,306 -1,423,306
Transfers Out 0 0 0
Total Revised Expenditures -960,000 155,738,455154,777,425 Revised Operating Surplus/(Deficit)$3,960,000-$10,530,914-$6,569,884

7. ATTACHMENTS
· Attachment A - FY25 Budget Reductions
· Attachment B - FY25 Position Changes and FTEs
· Attachment C - Resolution No. 11562
City of Orange Printed on 7/18/2024Page 3 of 3
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497
Agenda Item
City Council
Item #: 9.2. 7/23/2024 File #: 24-0444
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Fiscal Year 2024-25 Proposed Budget Amendment No. 1.

3. RECOMMENDED ACTION

1. Approve the $1.4 million in additional proposed budget reductions.

2. Approve the position changes and total Full-time Equivalents for Fiscal Year 2024-25.

4. Provide staff with direction on any additional reductions to the Fiscal Year 2024-25 budget.

6. DISCUSSION AND BACKGROUND
Background:

The City Council adopted the Fiscal Year 2024-25 (FY25) budget on June 25th and directed staff to continue collaborating with the Budget Ad Hoc Committee to identify additional budget reductions.

The FY25 adopted budget includes almost $4.1 million in budget reductions, over $4.2 million of City of Orange Printed on 7/18/2024Page 1 of 3
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Item #: 9.2. 7/23/2024 File #: 24-0444
additional revenues, of which $3 million is one-time monies.

Tonight, staff is proposing an additional $1.4 million in budget reductions as a result of City Council direction and City Manager recommendation. This reduction includes:

Fiscal Year 2025 1-time Recurring Total
Proposed Revenues (1st budget study session) $0 $144,006,541$144,006,541 Additional Revenues 0 1,201,000 1,201,000
Transfers In (CR&R) 3,000,000 0 3,000,000
Total Adopted Revenues 3,000,000 145,207,541148,207,541 Proposed Expenditures (1st budget study session) 0 161,236,003161,236,003 Changes from 1st budget study session-960,000 0 -961,030 Budget Reductions (6/25 budget adoption)0 -4,074,242 -4,074,242 Proposed Reductions (7/23) -1,423,306 -1,423,306
Transfers Out 0 0 0
Total Revised Expenditures -960,000 155,738,455154,777,425 Revised Operating Surplus/(Deficit)$3,960,000-$10,530,914-$6,569,884 City of Orange Printed on 7/18/2024Page 2 of 3
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Fiscal Year 2025 1-time Recurring Total
Proposed Revenues (1st budget study session) $0 $144,006,541$144,006,541 Additional Revenues 0 1,201,000 1,201,000
Transfers In (CR&R) 3,000,000 0 3,000,000
Total Adopted Revenues 3,000,000 145,207,541148,207,541 Proposed Expenditures (1st budget study session) 0 161,236,003161,236,003 Changes from 1st budget study session-960,000 0 -961,030 Budget Reductions (6/25 budget adoption)0 -4,074,242 -4,074,242 Proposed Reductions (7/23) -1,423,306 -1,423,306
Transfers Out 0 0 0
Total Revised Expenditures -960,000 155,738,455154,777,425 Revised Operating Surplus/(Deficit)$3,960,000-$10,530,914-$6,569,884

7. ATTACHMENTS
· Attachment A - FY25 Budget Reductions
· Attachment B - FY25 Position Changes and FTEs
· Attachment C - Resolution No. 11562
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FY 2025 Proposed Budget Reductions
Updated July 8, 2024
Department Category Yes Proposed Approved 6/11 Proposed 7/23 Future Consideration
Total Reductions From All
Departments $ 12,317,559 $ 4,074,242 $ 6,690,191 Administrative
Support*
Maintenance &
Operation Reduce supplies, training, and office equipment P $ 52,136 $ 52,136 $ - $ - Maintenance &
Operation Consolidate 24/7 app with Mainstar P 20,700 20,700 - - Maintenance &
Operation Eliminate communication support service contract P 75,000 75,000 - - Maintenance &
Operation Eliminate City Council meals P 1,500 1,500 - - Programs Eliminate contribution to Miss Orange P 5,000 5,000 - - Programs Eliminate CERT program 28,500 - - 28,500 Programs Eliminate Ride Share/Health Fair P 5,000 5,000 - - Membership Eliminate membership to the League of California P 34,000 34,000 - - Membership Eliminate membership to SCAG 17,500 - - 17,500 Membership Eliminate membership to OCCOG 11,200 - - 11,200 Total Administrative Support Reductions $ 250,536 $ 193,336 $ - $ 57,200 Library Services Personnel Reduce PT staff P $ 286,299 $ 286,299 $ - $ - Maintenance &
Operation
Resources/subscriptions, programs, supplies,
outreach, events, training/development P 223,069 223,069 - - Total Library Services Reductions $ 509,368 $ 509,368 $ - $ - Community
Services Special Events PT staff for various special events P $ 191,000 $ 95,500 $ 45,500 $ - Contract Landscape services - change to mid-grade fertilizer & disband the use of soil additives P 66,505 66,505 - - Contract Park custodial - remove seasonal cleaning and
reduce cleaning frequency P 16,720 16,720 - - Contract Water cost - turn off Veteran's fountain 9,024 - - 9,024 Contract Cleaning services - eliminate Veteran fountain cleaning contract 11,200 - - 11,200 Contract Cleaning services - reduce dog park cleaning services P 8,970 8,970 - - Contract Landscape services - remove fertilization services P 10,000 10,000 - - A-FY25 Proposed Reductions501
FY 2025 Proposed Budget Reductions
Updated July 8, 2024
Department Category Yes Proposed Approved 6/11 Proposed 7/23 Future Consideration
Maintenance &
Operation "Our Orange" design and printing P 103,000 103,000 - - Maintenance &
Operation Lyons Security nightly patrols in Parks 154,746 - - 154,746 Maintenance &
Operation Portable restrooms 17,000 - - 17,000 Maintenance &
Operation Cleaning and day porter at OES 74,700 - - 74,700 Special Events Holiday Decorations P 63,000 - 16,000 47,000 Special Events Movies in the Park P 9,200 - 9,200 - Special Events Concerts in the Park P 26,700 - 26,700 - Special Events Veteran's Day P 2,245 - 2,245 - Special Events Treats in the Streets P 14,141 - 14,141 - Special Events Tree Lighting Ceremony P 55,425 - 55,425 - Special Events 3rd of JuIy 135,582 - - - Special Events Special Event supplies P 23,650 - 23,650 - Programs Orange Elderly Services Contribution 224,100 - 224,100 Programs Aquatic Program - summer 2025 226,475 - 226,475 Total Community Services Reductions $ 1,443,383 $ 300,695 $ 192,861 $ 764,245 Public Works Contract Santiago Creek cleanup - reduce service by 100%. P 15,000 $ 60,000 $ - $ - Contract Tree trimming, removal and planting, emergency work - reduce service by 50%. P 132,499 132,499 - - Contract Janitorial services - reduce service by 50%. P 190,000 190,000 - - Contract Plaza sidewalk steam cleaning -reduce service by 100%. P 17,000 62,000 - - Contract Water fountain maintenance - reduce service by 50%. P 3,400 3,400 - - Contract Landscape services at city facilities and parking lots - reduce service by 50%. P 18,500 18,500 - - Contract Lyons Security at Old Towne parking P - - 92,768 - Maintenance &
Operation
Eliminate graffiti staff augmentation - FY25
request P 67,000 67,000 - - Total Public Works Reductions $ 443,399 $ 533,399 $ 92,768 $ - A-FY25 Proposed Reductions502
FY 2025 Proposed Budget Reductions
Updated July 8, 2024
Department Category Yes Proposed Approved 6/11 Proposed 7/23 Future Consideration
Community
Development Personnel 2 PT Code Enforcement Officers - FY25 request (augmentation) 154,000 $ - $ - 154,000 Total Community Development Reductions $ 154,000 $ - $ - $ 154,000 Police Special Events Overtime for special events P $ 112,833 $ - $ 112,833 $ - Maintenance &
Operation Eliminate hiring incentive 73,000 - - 73,000 Personnel Overtime 322,879 - - 322,879 Personnel Crossing Guards Program P 425,000 425,000 - - Personnel (17) Non-sworn personnel - through attrition 802,220 - - 802,220 Maintenance &
Operation
Reduce contracts, uniforms, training, ammunition,
and equipment for personnel 224,468 - - 224,468 Total Police Reductions $ 1,960,400 $ 425,000 $ 112,833 $ 1,422,567 Vacancies Non-safety Holding 11 vacancies (support staff) P 1,478,130 $ 1,351,124 $ - - Non-safety (3) positions through attrition 421,213 - - 421,213 Safety Holding 6 vacancies (6 Police & 1 Record Manager) P 1,024,844 - 1,024,844 - Safety Holding 5 vacancies (Fire) P 761,320 761,320 - - Safety (13) Firefighters through attrition 2,265,164 - - 2,265,164 Safety (10) Police Officers through attrition 1,605,802 - - 1,605,802 Total Vacancies $ 7,556,473 $ 2,112,444 $ 1,024,844 $ 4,292,179 Total Reductions From All
Departments $ 12,317,559 $ 4,074,242 $ 1,423,306 $ 6,690,191 *City Council, City Clerk, City Attorney, City Manager, Human Resources, and Finance.

A-FY25 Proposed Reductions503
FY 25 Budget

STAFFING CHANGES

POSITIONS DEPARTMENT FUND COMMENTS

STAFFING CHANGES
Associate Planner Community
Development
100 To Planning Manager
Senior Civil Engineer Community
Development
100 To Senior Plan Check Engineer
Senior Administrative Analyst Community
Development
100,310 To Housing Manager
Finance Assistant
Administrative Assistant
Community Services 100 To Administrative Analyst I
Transportation Analyst Public Works 100 To Associate Civil Engineer Senior Finance Clerk Finance 100 To Accountant
Financial Analyst Finance 100 To Senior Administrative
Analyst
(2) Finance Coordinator Finance 100 To Finance Supervisor Finance Clerk Finance 100 To 0.5 FTE Senior Finance
Clerk
Library Clerk (19 hours)
Library Page (19 hours)
Library 100 To two 20 hours Library Clerk
Legal Assistant City Attorney 100 To Senior Legal Assistant Deputy City Manager City Manager 100 To Economic Development Manager
ADD

0.75 Office Assistant Fire 100 To 1.00 Office Assistant

REALLOCATE FIXED COST DISTRIBUTION
(2) Homeless Outreach
Specialist
Police 100 Change funding from CDBG to
General Fund
(2) Police Officer Police 100 Change activity from Patrol to Police Administration
Emergency Manager Fire 100 Change activity from City
Manager to Fire Administration
Senior Civil Engineer Public Works 100 Change activity from Transportation Planning to
Engineering
Principal Civil Engineer Public Works 100 Change activity from Transportation Planning to
Engineering
Economic Development
Manager
City Manager 100 Change activity from
Administration & Project
Development to City Manager
Senior Assistant to the City
Manager
City Manager 100 Change activity from
Administration & Project
Development to City Manager
(2) Senior Finance Clerk Finance 100 Change fixed cost from 100% General Fund to 50/50 between
General Fund and Water
(2) Senior Finance Clerk Finance 600 Change fixed cost from 100% Water to 50/50 between
General Fund and Water
(2) Finance Clerk Finance 600 Change fixed cost from 100% Water to 50/50 between
General Fund and Water
Attachment B - FY25 Position Changes and FTEs
504
FY 25 Budget
Department & Position FY23-24 FY24-25
City Attorney
City Attorney 1.000 1.000
Human Resources Analyst II 1.000 1.000
Legal Assistant 1.000 -
Risk Management 1.000 1.000
Senior Assistant City Attorney 3.000 3.000
Senior Legal Assistant 1.000 2.000
City Attorney Total 8.000 8.000
City Clerk
Administrative Assistant 2.500 2.500
City Clerk 1.000 1.000
City Clerk Services Director 1.000 1.000
Deputy City Clerk 1.000 1.000
Executive Assistant 1.000 1.000
Records Manager 1.000 -
Records Coordinator - -
City Clerk Total 7.500 6.500
City Council
Council Member 6.000 6.000
Mayor 1.000 1.000
City Council Total 7.000 7.000
City Manager
Assistant City Manager 1.000 1.000
City Manager 1.000 1.000
Deputy City Manager 1.000 -
Economic Development Manager - 1.000
Digital Marketing Coordinator 1.000 1.000
Emergency Manager 1.000 -
Executive Assistant 1.000 1.000
Public Affairs & Information Manager 1.000 1.000 Senior Assistant to the City Manager 1.000 1.000 Sr Executive Assistant to the City Manager 1.000 1.000 City Manager Total 9.000 8.000
City Treasurer
City Treasurer 1.000 1.000
City Treasurer Total 1.000 1.000
Community Development
Administrative Assistant 2.000 2.000
Assistant Community Development Director 1.000 1.000 Assistant Planner 2.000 1.000
Associate Planner 3.000 2.000
Building Inspector Supervisor 1.000 1.000
Chief Building Official 1.000 1.000
Code Compliance Manager 1.000 1.000
Code Compliance Officer 5.000 5.000
Combination Building Inspector 3.000 3.000
Attachment B - FY25 Position Changes and FTEs
505
FY 25 Budget
Department & Position FY23-24 FY24-25
Community Development Director 1.000 1.000
Environmental Compliance Specialist 1.000 1.000 Executive Assistant 1.000 1.000
Historic Preservation Planner 1.000 -
Housing Manager - 1.000
Information Technology Project Manager 1.000 1.000 Permit Supervisor 1.000 1.000
Permit Technician 3.000 3.000
Plan Check Engineer 2.000 2.000
Planning Aide 1.000 1.000
Planning Manager - 1.000
Principal Planner 1.000 1.000
Senior Administrative Analyst 1.000 -
Senior Code Compliance Officer 1.000 1.000
Senior Combination Building Inspector 1.000 1.000 Senior Permit Technician 2.000 1.000
Senior Plan Check Engineer - 1.000
Senior Planner 2.000 2.000
Community Development Total 39.000 37.000
Community Services FY24 FY25
Administrative Analyst I - 1.000
Administrative Assistant 1.000 -
Administrative Manager 1.000 1.000
Administrative Specialist 2.000 2.000
Assistant Community Services Director 1.000 1.000 Assistant Recreation Services Coordinator 3.500 3.500 Community Services Director 1.000 1.000
Executive Assistant 1.000 1.000
Finance Assistant 1.000 -
Parks & Facilities Manager 1.000 1.000
Parks Maintenance Leadworker 4.000 3.000
Parks Maintenance Supervisor 2.000 2.000
Parks Maintenance Worker I 4.500 4.500
Parks Maintenance Worker II 4.000 4.000
Recreation Services Coordinator 5.000 4.000
Recreation Services Manager 1.000 1.000
Recreation Services Supervisor 3.000 3.000
Senior Landscape Coordinator 1.000 1.000
Skilled Maintenance Leadworker 1.000 1.000
Skilled Maintenance Worker - Parks 2.000 2.000 Part-Time/Non-Benefitted 23.950 19.750
Community Services Total 63.950 56.750
Finance
Accountant 1.000 2.000
Accounting Manager 1.000 1.000
Attachment B - FY25 Position Changes and FTEs
506
FY 25 Budget
Department & Position FY23-24 FY24-25
Assistant Finance Director 1.000 1.000
Budget Manager 1.000 1.000
Executive Assistant 1.000 1.000
Finance Clerk 3.000 2.000
Finance Coordinator 2.000 -
Finance Director 1.000 1.000
Finance Manager 1.000 1.000
Finance Supervisor - 1.000
Financial Analyst 2.000 1.000
Lead Finance Clerk 2.000 2.000
Payroll Manager 1.000 1.000
Payroll Specialist 1.000 1.000
Purchasing Officer 1.000 1.000
Senior Accountant 1.000 1.000
Senior Administrative Analyst - 1.000
Senior Buyer 1.000 1.000
Senior Finance Clerk 8.000 7.500
Senior Payroll Specialist 1.000 1.000
Stock Clerk 1.750 1.750
Warehouse/Inventory Specialist 1.000 1.000
Finance Total 32.750 31.250
Fire Department
Administrative Analyst I 1.000 1.000
Administrative Specialist 2.000 2.000
Ambulance Operator 12.000 12.000
Emergency Manager - 1.000
Executive Assistant to the Chief 1.000 1.000
Finance Assistant 1.000 1.000
Fire Battalion Chief 5.000 5.000
Fire Captain 30.000 30.000
Fire Chief 1.000 1.000
Fire Engineer 27.000 27.000
Fire Inspector/Investigator 1.000 1.000
Fire Safety Specialist - Misc. 3.000 3.000
Firefighter 51.000 49.000
Hazardous Materials Specialist 2.000 2.000
Office Assistant 0.750 1.000
Plan Examiner 2.000 2.000
Sr Emergency Medical Services Manager 1.000 1.000 Part-Time/Non-Benefitted 1.039 1.039
Fire Department Total 141.789 141.039
Human Resources
Administrative Specialist 1.000 1.000
Assistant Human Resources Director 1.000 1.000 Executive Assistant 1.000 1.000
Attachment B - FY25 Position Changes and FTEs
507
FY 25 Budget
Department & Position FY23-24 FY24-25
Human Resources Analyst II 2.000 2.000
Human Resources Director 1.000 1.000
Human Resources Technician 2.000 2.000
Senior Human Resources Analyst 2.000 2.000
Human Resources Total 10.000 10.000
Information Technology
Information Technology Manager 1.000 1.000
Information Technology Project Manager 1.000 1.000 Information Technology Specialist 3.000 3.000 Information Technology Supervisor 1.000 1.000 Network/Security Analyst 1.000 1.000
Systems Analyst 1.000 1.000
Information Technology Total 8.000 8.000
Library
Assistant Library Services Director 1.000 1.000 Executive Assistant 1.000 1.000
Librarian I 3.000 3.000
Librarian II 3.000 3.000
Librarian III 3.000 3.000
Library Assistant 3.000 3.000
Library Clerk 3.500 4.500
Library Literacy Coordinator 0.500 0.500
Library Manager II 1.000 1.000
Library Page 1.500 1.500
Library Services Director 1.000 -
Library Support Services Assistant 2.000 2.000 Library Technology & Support Svcs. Mgr. 1.000 1.000 Library Technology Specialist 1.000 1.000
Library Volunteer Coordinator 1.000 1.000
Senior Library Clerk 2.000 2.000
Senior Library Manager 2.000 2.000
Part-Time/Non-Benefitted 10.450 3.400
Library Total 40.950 33.900
Police Department
Civilian Investigative Officer 4.000 4.000
Court Liason Officer 1.000 1.000
Crime Prevention Specialist 3.000 3.000
Executive Assistant to the Chief 1.000 1.000
Forensic Services Supervisor 1.000 1.000
Homeless Outreach Specialist 2.000 2.000
Maintenance Worker 1.000 1.000
Parking Control Officer II 6.000 6.000
Police Administrative Assistant 3.000 3.000
Police Armorer 1.000 1.000
Police Captain 3.000 3.000
Attachment B - FY25 Position Changes and FTEs
508
FY 25 Budget
Department & Position FY23-24 FY24-25
Police Chief 1.000 1.000
Police Clerk 1.000 1.000
Police Communications Manager 1.000 1.000
Police Dispatch Shift Supervisor 3.000 3.000
Police Dispatcher 16.000 16.000
Police Jailer 2.000 2.000
Police Lieutenant 8.000 8.000
Police Officer 136.000 131.000
Police Records Clerk 11.000 11.000
Police Records Manager 1.000 -
Police Records Shift Supervisor 3.000 3.000
Police Sergeant 22.000 22.000
Police Services Officer 7.000 7.000
Police Subpoena/Warrants Specialist 1.000 1.000 Police Training Coordinator 1.000 1.000
Property Officer 2.000 2.000
School Crossing Guard Supervisor 0.500 -
Senior Administrative Analyst 2.000 2.000
Senior Police Clerk 4.000 4.000
Part-Time/Non-Benefitted 19.289 -
Police Department Total 267.789 242.000
Public Works
Administrative Assistant 4.000 3.000
Administrative Specialist 2.000 2.000
Administrative Manager - 1.000
Assistant Engineer 4.000 4.000
Assistant Field Services Manager 2.000 2.000
Assistant Public Works Director 1.000 1.000
Assistant Water Manager 2.000 2.000
Associate Civil Engineer 8.000 8.000
Chemical Sprayer 1.000 1.000
Construction Inspection Supervisor 1.000 1.000 Construction Inspector II 3.000 3.000
Deputy Public Works Director 1.000 1.000
Environmental Compliance Specialist 2.000 2.000 Environmental Program Manager 1.000 1.000
Equipment Maintenance Leadworker 1.000 1.000
Equipment Maintenance Supervisor 1.000 1.000
Equipment Mechanic II 5.000 5.000
Equipment Operator 5.000 5.000
Facilities Maintenance Supervisor 1.000 1.000 Finance Clerk 1.000 1.000
GIS Analyst 1.000 1.000
Landscape Coordinator 1.000 1.000
Lead Custodian 1.000 1.000
Attachment B - FY25 Position Changes and FTEs
509
FY 25 Budget
Department & Position FY23-24 FY24-25
Mgr. Trans. Services/City Traffic Engineer 1.000 1.000 Principal Civil Engineer 3.000 3.000
Public Works Administrator - 1.000
Public Works Administrative Manager 1.000 -
Public Works Director 1.000 1.000
Public Works Maintenance Leadworker 6.000 6.000 Public Works Maintenance Supervisor 4.000 4.000 Public Works Maintenance Worker II 15.000 15.000 Real Property Agent 1.000 -
Senior Administrative Analyst 1.000 1.000
Senior Civil Engineer 3.000 2.000
Senior Finance Clerk 2.000 2.000
Senior GIS Analyst 1.000 1.000
Senior Traffic Signal Technician 1.000 1.000
Senior Water Meter Service Worker 1.000 1.000 Senior Water Quality Inspector 2.000 2.000
Skilled Maintenance Worker - Facilities 2.000 2.000 Skilled Maintenance Worker - Public Works 3.000 3.000 Skilled Maintenance Worker - Water 4.000 4.000 Traffic Operations Superintendent 1.000 1.000 Traffic Signal Technician II 2.000 2.000
Transportation Analyst 2.000 -
Tree Services Coordinator 1.000 1.000
Water Maintenance Leadworker 6.000 6.000
Water Maintenance Supervisor 6.000 6.000
Water Maintenance Worker II 5.000 5.000
Water Manager 1.000 1.000
Water Meter Service Worker II 3.000 3.000
Water Plant Operator II 5.000 5.000
Water Yard Storekeeper 1.000 1.000
Public Works Total 134.000 130.000
Full-time Employees - Safety 388.000 382.000
Full-time Employees - Miscellaneous 314.000 302.000 Part-time Employees - All 59.728 27.439
Total FTEs 761.728 711.439
Elected Official 9.000 9.000
Grand Total 770.728 720.439
Attachment B - FY25 Position Changes and FTEs
510
RESOLUTION NO. 11562

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11533 AND AMENDING THE CITYWIDE PAY

SCHEDULE IN ACCORDANCE WITH THE

REQUIREMENTS OF CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5

WHEREAS, the City of Orange, (“City”), contracts with the California Public Employees’ Retirement System to provide retirement benefits for its employees; and

WHEREAS, per California Code of Regulations, Title 2, Section 570.5 (“Regulation 570.5”), the amount of “compensation earnable” pursuant to the Government Code is limited to the payrate listed on a pay schedule that meets certain requirements; and

WHEREAS, the attached Citywide Pay Schedule meets the following requirements of Regulation 570.5: (1) is duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws; (2) identifies the position title of every employee; (3) shows the pay rate for each position; (4) indicates the time base for each pay rate; (5) is posted at the office of the employer or immediately accessible for public review during normal business hours or posted on the employer’s internet website; (6) indicates an effective date and date of any revisions; (7) is retained by the employer and available for public inspection for a period not less than five years; and (8) does not reference another document in lieu of disclosing the pay rate; and

WHEREAS, the City Council approved Resolution No. 11493 between the City of Orange and the City of Orange Police Management Association with a salary adjustment effective June 30, 2024; and

WHEREAS, the City Council approved Resolution No. 11516 between the City of Orange and the City of Orange Police Association with a salary adjustment effective June 30, 2024; and

WHEREAS, the City Council approved Resolution No. 11521 between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO with a salary adjustment effective June 30, 2024; and

WHEREAS, the City Council approved Resolution No. 11494 between the City of Orange and the Orange City Fire Management Association with a salary adjustment effective June 30, 2024; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Resolution No. 11533 is here by rescinded and the attached revised Citywide Pay Schedules are approved and incorporated.

Attachment C - Resolution No. 11562 - Citywide Pay Schedule 511
2 ADOPTED this 23rd day of July 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike J. Vigliotta, City Attorney, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 23rd day of July 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

Attachments:

Attachment A - Citywide Pay Schedule – June 30, 2024

Attachment C - Resolution No. 11562 - Citywide Pay Schedule 512

Attachment A
Attachment C - Resolution No. 11562 - Citywide Pay Schedule 513

Attachment A (Continued)
Attachment C - Resolution No. 11562 - Citywide Pay Schedule 514
ii
Attachment A (Continued)
Attachment C - Resolution No. 11562 - Citywide Pay Schedule 515
iii

Attachment A (Continued)
Attachment C - Resolution No. 11562 - Citywide Pay Schedule 516
Agenda Item
City Council
Item #: 10.1. 7/23/2024 File #: 24-0406
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 21-24 adopting the 2024 Edition of the "Standard Specifications for Public Works Construction" (popularly known as the "Greenbook").

2. SUMMARY
This Municipal Code amendment is requested to ensure that the most current version of the “Standard Specifications for Public Works Construction” (popularly known as the “Greenbook”)is adopted by reference in the Orange Municipal Code.

3. RECOMMENDED ACTION

1. Introduce and conduct First Reading of Ordinance No. 21-24. An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the Orange Municipal Code to adopt the 2024 Edition of the "Standard Specifications for Public Works Construction."

2. Set August 13, 2024, at 6:00 p.m. as the time and place for the Public Hearing to consider the Second Reading and adoption of Ordinance No. 21-24; and direct the City Clerk to publish notice of the Public Hearing once a week for two successive weeks in accordance with California Government Code Section 50022.3.

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 expectation.

6. DISCUSSION AND BACKGROUND
The "Standard Specifications for Public Works Construction" (popularly known as the “Greenbook”) provides specifications that have general applicability to public works projects and is used by all cities in the County of Orange and more than 200 cities, counties, and agencies in the Southern California area. The Greenbook is a standard document pertaining to specifications for subdivision and public works construction projects, whether performed by the City, its contractors or public or private entities. The general provisions of the Greenbook are supplemented and sometimes are modified by City of Orange Printed on 7/17/2024Page 1 of 2
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Item #: 10.1. 7/23/2024 File #: 24-0406
the City of Orange Standard Plans and Specifications on a project specific basis.

The Greenbook, first published in 1967, is updated and republished every three years. In order to use the 2024 edition of the Greenbook, Chapter 12.02 of the Orange Municipal Code must be amended to adopt the latest edition. Since changes are typically published as amendments to each edition of the Greenbook in each of the two years between publications of a new edition of the Greenbook, the proposed ordinance provides for the adoption of the 2024 edition together with such changes as may be published in pamphlet form as amendments during the next two years.

7. ATTACHMENTS
· Ordinance No. 21-24
· A copy of the Greenbook is available for review in the City Clerk’s Office City of Orange Printed on 7/17/2024Page 2 of 2
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Agenda Item
City Council
Item #: 10.1. 7/23/2024 File #: 24-0406
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 21-24 adopting the 2024 Edition of the "Standard Specifications for Public Works Construction" (popularly known as the "Greenbook").

3. RECOMMENDED ACTION

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 expectation.

6. DISCUSSION AND BACKGROUND
The "Standard Specifications for Public Works Construction" (popularly known as the “Greenbook”) provides specifications that have general applicability to public works projects and is used by all cities in the County of Orange and more than 200 cities, counties, and agencies in the Southern California area. The Greenbook is a standard document pertaining to specifications for subdivision and public works construction projects, whether performed by the City, its contractors or public or private entities. The general provisions of the Greenbook are supplemented and sometimes are modified by City of Orange Printed on 7/17/2024Page 1 of 2
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519
Item #: 10.1. 7/23/2024 File #: 24-0406
the City of Orange Standard Plans and Specifications on a project specific basis.

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE AMENDING CHAPTER

12.02 OF THE ORANGE MUNICIPAL CODE TO
ADOPT THE 2024 EDITION OF THE
"STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION".

WHEREAS, the Standard Specifications for Public Works Construction, popularly known as the “Greenbook ,” provides specifications that have general applicability to public works projects; and

WHEREAS, the Greenbook has been adopted by reference by more than 200 cities, counties and agencies in the Southern California area, including the City of Orange; and

WHEREAS, the Greenbook, first published in 1967, is updated and republished every two years; and

WHEREAS, Public Works Standards, Inc. a mutual benefit corporation, is the current producer of the Greenbook and has written and promulgated the 2024 edition; and

WHEREAS, a duly noticed public hearing, as required by Government Code Section 50022.3, was held by the City Council on August 13, 2024, at which time the City Council heard and considered all public testimony regarding this matter; and

WHEREAS, at least one copy of the Greenbook adopted by this Ordinance certified as full, true and correct by the Deputy City Clerk of the City of Orange was filed in the Office of the City Clerk at least 15 days preceding the public hearing , in accordance with the provisions of Government Code Section 50022.6; and

WHEREAS, the City Council of the City of Orange desires to adopt the 2024 edition of the Greenbook for the purpose of providing specifications that have general applicability to the City’s public works projects.

NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:

SECTION I:

Chapter 12.02 of the Orange Municipal Code is hereby amended to read as follows:

“12.02.010 Adopted by Reference. Except as may otherwise be provided herein, the provisions of the 2024 edition of the "Standard Specifications for Public Works Construction" (popularly known as the “Greenbook”), written and promulgated by Public Works Standards, Inc. a mutual benefit corporation, together with such changes as may be published in pamphlet form as amendments to the 2024 edition in each of the two years between publication of a new 521
2 edition of the Greenbook, are adopted and applicable to all public works construction undertaken after the effective date of this ordinance. One copy of the Standard Specifications for Public Works construction shall be on file with the Department of Public Works , and said Standard Specifications for Public Works Construction is adopted by reference as if incorporated and set out at length in this Chapter.”

SECTION II:

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

SECTION III:

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

522
3 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of ___ ________, 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
523
Agenda Item
City Council
Item #: 10.2. 7/23/2024 File #: 24-0291
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Introduction and First Reading of Ordinance No. 23-24 containing administrative updates to various sections of Titles 6, 7, and 8 of the Orange Municipal Code.

2. SUMMARY
In January 2022, the City Clerk’sOffice initiated a recodification and comprehensive review of the Orange Municipal Code utilizing an agreement with Quality Code Publishing. The review is complete and staff evaluated and implemented recommended updates to the Code. This proposed ordinance contains administrative updates to various sections of Titles 6, 7, and 8 to delete outdated language, update references to conform with current law and code provisions, and achieve internal consistency.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 23-24. An Ordinance of the City Council of the City of Orange amending various sections in Titles 6, 7, and 8 of the Orange Municipal Code to delete outdated language, update references to conform with current law and code provisions, and achieve internal consistency.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Over the past several years, there have been a number of changes in State law impacting existing Orange Municipal Code (OMC) provisions. There have also been a number of new State laws requiring the addition of new OMC provisions. At the same time, a number of OMC provisions have been added and revised to reflect changed City policies. Not all of the changes in the OMC have been captured throughout the remaining OMC provisions, resulting in several code sections that still contain outdated, superseded, or changed references. In addition, there are several OMC provisions needing clerical revisions.

In January 2022, the City Clerk’sOffice initiated a recodification and comprehensive review of the Orange Municipal Code utilizing an agreement with Quality Code Publishing. The review is complete City of Orange Printed on 7/18/2024Page 1 of 2
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524
Item #: 10.2. 7/23/2024 File #: 24-0291
Orange Municipal Code utilizing an agreement with Quality Code Publishing. The review is complete and staff evaluated and implemented recommended updates to the Code.

The proposed Ordinance makes administrative adjustments and corrects, revises and/or deletes the inaccuracies found in the OMC.

7. ATTACHMENTS
· Ordinance No. 23-24
· Ordinance No. 23-24 (redlined)
City of Orange Printed on 7/18/2024Page 2 of 2
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Agenda Item
City Council
Item #: 10.2. 7/23/2024 File #: 24-0291
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Introduction and First Reading of Ordinance No. 23-24 containing administrative updates to various sections of Titles 6, 7, and 8 of the Orange Municipal Code.

4. FISCAL IMPACT
None.

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

In January 2022, the City Clerk’sOffice initiated a recodification and comprehensive review of the Orange Municipal Code utilizing an agreement with Quality Code Publishing. The review is complete City of Orange Printed on 7/18/2024Page 1 of 2
powered by Legistar™
526
Item #: 10.2. 7/23/2024 File #: 24-0291
Orange Municipal Code utilizing an agreement with Quality Code Publishing. The review is complete and staff evaluated and implemented recommended updates to the Code.

The proposed Ordinance makes administrative adjustments and corrects, revises and/or deletes the inaccuracies found in the OMC.

7. ATTACHMENTS
· Ordinance No. 23-24
· Ordinance No. 23-24 (redlined)
City of Orange Printed on 7/18/2024Page 2 of 2
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527
ORDINANCE NO. 23-24

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE AMENDING VARIOUS SECTIONS
IN TITLES 6, 7 AND 8 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:

Section 6.08.010 of the Orange Municipal Code, “Animals – Birds and Bees – Keeping of Bees – Permit Required,” is hereby amended to read as follows:

6.08.010 – Keeping of Bees – Permit Required.

No person shall keep bees within the City without first procuring a permit. The Director of Community Development is authorized to issue such permit on payment of a fee in an amount set by City Council resolution. No permit shall be issued to any person who proposes to establish or maintain any hive or box where bees are kept, or otherwise proposes to keep any bees on any premises within 300 feet of any dwelling (except that dwelling of the owner of such bees) or within 100 feet of any exterior boundary of that property on which the hive or box is located. Any person 528
2 receiving a permit to keep bees shall be required continuously to maintain an adequate water supply in the immediate vicinity of the place where the bees are kept. Within 10 days after a decision by the Director of Community Development, any person may app eal the grant or denial of a permit to the City Council who may reverse, affirm or modify the decision of the Director of Community Development; provided, however, that the City Council shall not grant any such permit unless the Council finds and determine s that there will be no adverse effect either on adjacent landowners or the general public.

SECTION III:

Section 7.02.150 of the Orange Municipal Code, “ Environment – Water Shortage Contingency Response – Other Provisions,” is hereby amended to read as follows:

7.02.150 – Other Provisions.

In furtherance of the objectives of this chapter, the City may, at its discretion, elect to include any or all of the following provisions at any or all of the water conservation stages.

A. Limits on Building Permits. The City may limit or withhold the issuance of building permits which require new or expanded water service, in order to protect the public health, safety and welfare, or in cases that meet the City's adopted conservation offset requirements.

B. Customer Water Conservation Reports. The City may, by written request, require all commercial, residential and industrial customers using 25,000 or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan.

The conservation plan must include recommendations for increased water savings, including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations.

C. Reporting Hotline. The City may establish a water waste hotline for residents to report violations of this chapter.

D. As deemed necessary, an allocation of water supply under a water supply emergency condition, beyond WSCP defined actions, may be implemented when water supply shortage conditions merit that action.

E. The City may provide water efficiency devices either directly or through supported programs. Such devices shall remain within the City's service area at all times. Devices provided by the City should be used with the intent to conserve water and are not to be modified in any way or sold.

SECTION IV:

8.01 PROHIBITION OF SMOKING

Section 8.01 of the Orange Municipal Code, “Health and Safety – Prohibition of Smoking,” is hereby deleted in its entirety.
529
3 SECTION V:

Section 8.16 of the Orange Municipal Code, “ Fly Control,” is hereby amended to read as follows:

8.16 PEST CONTROL

8.16.010 – Definitions.

"Commercial dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in lactation.

"Commercial poultry ranch" means any place or premises where poultry are maintained, raised, or fed for the primary purpose of producing eggs or meat for sale or other distribution.

"Pest Abatement Board" means an administrative board composed of five members appointed by the Orange County Board of Supervisors.

"Pest Abatement Hearing Officer" means the Assistant Director of Parks and Maintenance of the City or such other person as is appointed by the City Manager.

"Pest breeding hazard" as used in this chapter means the accumulation, existence, or maintenance of any substance, matter, material, or condition resulting in the breeding of flies in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment and use of life and property by others.

"Horse stable" means any place or premises where three or more horses are maintained for any purpose.

8.16.020 – Public Nuisance.

Any pest breeding hazard in the City is hereby declared to constitute a public nuisance.

8.16.030 – Inspection by Health Officer.

It shall be the duty of the Health Officer of Orange County, upon routine inspection, upon request of the Pest Abatement Board, or whenever they are informed or have reasonable cause to believe that any land, building, or collection of plant or animal waste or any substance or existing condition on any lot, farm or other land or on any other premises is a pest breeding hazard to enter, after demand, upon such premises and to determine whether or not there is an existing pest breeding hazard.

8.16.040 – Abatement Proceedings - Notice.

Whenever there exists in any place within the City a pest breeding hazard, the County Health Officer shall notify in writing the record owner or person having control or possession of such 530
4 place or premises to abate such nuisance and take corrective measures to prevent its recurrence , and to appear at a public hearing to be held by the Pest Abatement Board. A copy of such notice shall be posted in a conspicuous place upon such place or premises. Such hearing shall be set by the County Health Officer at least 10 days after the date of such notice.

The notice shall specify what is claimed to be causing the hazard and what must be done to abate it and shall direct the owner or person in control or possession of the place or premises to abate the nuisance and to perform any and all work necessary to pr event the recurrence thereof in the places or premises specified in the notice, prior to the time set for the public hearing by the Pest Abatement Board and shall advise such owner or person that in lieu of such abatement, if the Pest Abatement Board deter mines that a pest breeding hazard still exists at the time of such public hearing, the City Attorney shall be notified. If abatement is not accomplished within five days of notice to the City Attorney, the County Health Officer will proceed to abate such nuisance without further notice unless such nuisance is abated before a date specified by the Board and the owner of such place or premises and the person having control or possession thereof, jointly and severally, shall be liable to the County or to the C ity for the total cost of such work, including all administrative costs, and such costs shall constitute a charge and lien upon such place or premises.

The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nuisance exists, or upon the agent of either. Notices may be served by any person authorized by the Health Officer of Orange County for such purposes in the same manner as a summons in a civil action.

8.16.050 - Abatement Proceedings—Hearing.

At the time fixed for the hearing by the Pest Fly Abatement Board, such Board shall hear and consider all relevant testimony and evidence offered by the owner of record or person having control or possession of the place or premises upon which th e pest breeding hazard is stated in such notice to exist, by the County Health Officer or agent, and by any other interested person.

Upon the conclusion of the hearing, the Board or the Hearing Officer shall make the following findings:

1. Whether or not a pest breeding hazard exists;

2. Specifically, what is causing the hazard;

3. What should be done by the owner to abate the hazard;

4. What work, if any, should be done by the owner to prevent its recurrence;

5. Whether the owner or operator shall comply with any specific regulations of the Health Officer;

6. Whether the Health Officer shall abate and, specifically, what they may do, at their option, provided that anything not included in the Board's order shall not be done by the Health Officer.

531
5 If the Board determines that such a pest breeding hazard exists, it shall direct the County Health Officer to abate it, without further notice, unless the condition is abated and such work performed by the owner on or before a date to be specified by the Board.

8.16.060 – Pest Control Standards.

The Pest Abatement Board, or Pest Abatement Hearing Officer, upon recommendation of the Health Officer, is authorized to adopt pest control standards of operation and design of commercial dairy farms, commercial poultry ranches , horse stable s, or other premises, including food establishments and dwellings, to serve as guidelines in the abatement proceedings described in Section 8.16.050. All such standards shall be printed and made available to the public.

8.16.070 – Costs – Special Assessment.

All costs shall constitute a charge and special assessment upon such parcel of land. If such costs are not paid within a period specifically set by the City or the County, they shall then be declared a special assessment against that parcel as provided in the Government Code . Such special assessment shall be collected at the same time and in the same manner as ordinary City or County taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary City or County taxes. The City and County shall retain the additional and independent right to recover their costs by way of civil action against the owner and person in possession or control, jointly or severally.

The provisions of this article are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

8.16.080 – Commercial Manure Dealers.

A. Commercial Manure Dealer Defined. "Commercial manure dealer" means any person, firm, or corporation who, for a fee, gathers, collects, hauls, stockpiles, spreads, or sells any manure or manure-like substance.

B. Registration. It is unlawful for any commercial manure dealer to gather, collect, haul, stockpile, spread, or sell any manure or manure-like substances within the City without first registering with the Orange County Health Officer on forms prescribed by him or her. Such registration shall expire at the end of each calendar year and shall be renewed annually during the first week in January. There shall be no fee for such registration nor any subsequent renewal.

C. Failure to Register a Misdemeanor. Failure to register as a commercial manure dealer as provided in this section shall constitute a misdemeanor.

8.16.090 – Failure to Abate Nuisance—Penalty.

A. Other remedies not excluded, the provisions of this chapter are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law. 532
6 B. Penalty for Failure to Abate Nuisance. Any record owner or person having control or possession of any place or premises upon which a pest breeding hazard has been found to exist by the Pest Abatement Board or Pest Abatement Hearing Officer who refuses or neglects to abate such nuisance or to perform all work necessary to prevent its recurrence in accordance with and within the time specified in such written notice of the Board or Hearing Officer shall be guilty of a misdemeanor.

C. Anyone who maintains a pest breeding hazard as defined in Section 8.16.010(E) shall be guilty of a misdemeanor and may be prosecuted criminally without first complying with the requirements of Sections 8.16.040 and 8.16.050 except that reasonable notice in writing shall be given prior to filing such complaint.

SECTION VI:

Sections 8.24.040 of the Orange Municipal Code, “ Health and Safety – Noise Control – Exterior Standards,” 8.24.050 of the Orange Municipal Code, “Health and Safety – Noise Control – Exemptions from Chapter Provisions,” and 8.24.080 of the Orange Municipal Code, “Health and Safety – Noise Control – Enforcement Authority,” are hereby amended to read as follows:

8.24.040 – Exterior Standards.

A. The following noise standards for fixed noise sources, unless otherwise specifically indicated, shall apply to all residential property:

B. It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any residenti al property to exceed the noise standards identified in Table 8.24.040. For multi -family residential or mixed use developments located within the City's Urban Mixed Use, Neighborhood Mixed Use, Old Towne Mixed Use or Medium Density Residential General Plan land use districts, exterior noise standards shall apply to common recreation areas only and shall not apply to private exterior space (such as a private yard, patio, or balcony).

C. In the event the ambient noise level exceeds the noise standards identified in Table 8.24.040 of this section, the "adjusted ambient noise level" shall be applied as the noise standard. In cases where the noise standard is adjusted due to a high ambient noise level, the noise standard shall not exceed the "adjusted ambient noise level," or 70 dB(A), whichever is less. 533
7 In cases where the ambient noise level is already greater than 70 dB(A), the ambient noise level shall be applied as the noise standard.

D. Each of the noise limits specified in Table 8.24.040 shall be reduced by five dB(A) for impact or simple tone noises, recurring impulsive noises, or for noises consisting of speech or music.

E. During a one-year period subsequent to the effective date of the ordinance codified in this chapter, the noise level standards as specified in this section, shall be increased by eight 8 dB(A) where the alleged noise source is an air conditioning apparatus, refrigeration system, or pool equipment, which was installed prior to the effective date of the ordinance codified in this chapter.

8.24.050 – Exemptions from Chapter Provisions.

The following activities shall be exempted from the provisions of this chapter:

A. Any activities such as but not limited to s chool bands, school athletic and school entertainment events on any public or private nursery, elementary, intermediate, or secondary school or college campus;

B. Outdoor gatherings, public dances, shows, sporting and entertainment events or other public or private events provided such events are conducted pursuant to any permit or license requirements established by the City;

C. Activities conducted on public parks, public playgrounds, and public or private school grounds that are consistent with the expected use, rules, regulations and/or permit provisions of the location;

D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

E. Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except for Sunday or a Federal holiday, or between the hours of 9:0 0 a.m. and 8:00 p.m. on Sunday or a Federal holiday. Noise generated outside of the hours specified are subject to the noise standards identified in Table 8.24.040;

F. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;

G. Noise sources associated with agricultural operations provided such operations take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a Federal holiday;

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8 H. Noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner;

I. Noise sources associated with the maintenance of real property, provided such activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a F ederal holiday.

Operation of leaf blowers is regulated under Chapter 8.26;

J. Industrial or commercial noise affecting residential units, when the residential unit is associated with said industrial or commercial use (e.g. caretaker's dwellings);

K. Any maintenance or construction activity undertaken by a public agency or utility within street right of way;

L. Mobile noise sources including but not limited to operational noise from trains, or automobiles or trucks traveling on roadways. Transportation noise as related to noise/land use compatibility is subject to the City's General Plan Noise Element;

M. Any activity to the extent regulation thereof has been preempted by state or federal law.

N. Vehicle sound systems, radios and similar devices located within or upon any vehicle, to the extent the sound from such devices is regulated by provisions of the Vehicle Code of the State of California;

O. Warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles when used for traffic safety purposes, work safety regulations (i.e., forklifts earth moving equipment), or any other device when used by public safety o r City services for official purposes;

P. Deliveries to or pickups from any commercial or industrial property sharing a property line with any residential property may occur between 7:00 a.m. and 10:00 p.m. daily. No deliveries to or pickups from any such properties shall occur outside of these h ours unless approved pursuant to any permit or license requirements established by the City;

8.24.080 – Enforcement Authority.

A. The Director of Community Development or Chief of Police or their designee are directed to enforce the provisions of this chapter. The Director of Community Development or Police Chief or their designee are authorized, pursuant to Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.

B. Administrative citations may be issued for violations of the provisions of this chapter, as set forth in Chapter 1.10 of the Code.

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9 C. If the Director of Community Development or Chief of Police or their designee conduct noise monitoring tests or other noise measurement readings for purposes of enforcement, and the noise level is found to exceed the noise levels in this chapter, the prope rty owner or the operator of the noise source shall be required to pay the City’s cost of the noise monitoring tests or readings.

SECTION VII:

Sections 8.29.050 of the Orange Municipal Code, “Health and Safety – Self-Hauling Violations,” 8.29.110 of the Orange Municipal Code, “Health and Safety – Solid Waste Disposal Reduction – Prohibited Acts, ” 8.29.160 of the Orange Municipal Code, “Health and Safety – Container Placement,” 8.29.180 of the Orange Municipal Code, “Health and Safety – Solid Waste Disposal Reduction – Sharing of Containers, ” and 8 .29.290 of the Orange Municipal Code, “Health and Safety – Solid Waste Disposal Reduction – Enforcement,” are hereby amended to read as follows:

8.29.050 – Self-Hauling Violations.

A. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed on or adjacent to any Premises, street, or public right-of-way for the collection of solid waste in violation of Section 8.29.160 ("unauthorized container(s)") may be impounded as set forth in this chapter.

B. The City may cause a notice of violation to be placed in a conspicuous place on any unauthorized container directing that it be removed. The notice shall specify the nature of the violation and shall state that the container must be removed within 24 hours or it may be removed and stored by the City or authorized designee, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; and, further, shall indicate that any appeal of the order for removal must occur within 24 hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized container. If the identity of the owner of an unauthorized container is known to the City, the City shall also promptly cause a copy of the notice to remove to be mailed or emailed to the owner.

C. If within 24 hours after a notice to remove is posted on an unauthorized container a request for an appeal has not been received and the container is not removed, the City may direct the removal and storage of the unauthorized container. In addition, if the contents of the container are either comprised of a substantial amount of putrescible solid waste, or determined by the City to create a threat to health and safety if not disposed of immediately, the City may direct the disposal of the contents of the container. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal, including any administrative costs incurred by the City. All amounts due to the City for the cost of removal , storage and disposal must be paid before the unauthorized container may be returned to the owner.

Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an enforcement action brought by the City for the recovery of such amounts.

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10 D. If the unauthorized container is not claimed within 30 days after removal, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of as determined by the City.

E. Within five business days following retrieval of an unauthorized container from the City by the owner, the owner may request a hearing to appeal the City's determination that the container is an unauthorized container as provided in Section 8.28.040.

8.29.110 – Prohibited Acts.

A. It is unlawful for any person, other than the owner, occupant or person in possession, charge or control or any residential or commercial premises, or a person authorized by law (such as a franchisee), to remove any bin, cart, rolloff box or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval of the owner, occupant or person in possession, charge or control of such premises.

B. No person shall place solid waste adjacent to a street or public right-of-way for collection by a franchisee without having first subscribed for solid waste collection services with such franchisee.

C. No person shall burn or process any solid waste within the City, except in an approved incinerator, digestor or other device for which a permit has been issued by the Building Official and Fire Marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations.

D. It is unlawful for any person, other than a franchisee or the City, to take, remove or appropriate for their own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container.

E. No person other than the waste generator or any waste generator employee, City Manager, or franchisee of the City shall move, remove or interfere with any container or its contents.

F. No person shall enter into or be inside of a solid waste, recyclable materials or compostable materials container.

8.29.160 – Sharing of Containers.

A. No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service prior to 4:00 p.m. on the day preceding the normal collection time.

B. All containers placed adjacent to or in a street or public right-of-way for collection service shall be removed from the street or public right-of-way by 7:00 a.m. on the day after collection.

C. Containers shall be placed on top of the curb when street sweeping days align with solid waste collection days.
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11 D. Containers shall be placed only within the public right -of-way aligning with associated property's frontage.

E. No bin, cart, rolloff box or other unauthorized containers shall be placed on or adjacent to any Premises, street or public right -of-way for the collection, deposit or transportation of solid waste, commercial solid waste, construction, demolition, and deconstruction debris, organic, food or green waste, or other solid waste which were not provided by the City or the City’s franchisee for solid waste handling services pursuant to Section 8.29.020.

8.29.180 – Sharing of Containers.

A. It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business without the approval of the City or a franchisee. Occupants of single family premises (one to four dwelling units) shall not share carts with other single-family premises.

B. The sharing of bins may be permitted under either of the following conditions:

1. The owner, property manager or person in charge or control of a premises upon which five or more residential dwelling units exist may arrange for one or more bins (but not carts) to be shared by the occupants, tenants or persons in possession of the dwelling units on that premises.

2. The owner, property manager or person in charge or control of a commercial premises with several sub-tenants may arrange for one or more bins or rolloff box (but not carts) to be shared by the occupants, tenants or persons in possession of the units on tha t premises.

8.29.290 – Enforcement.

The Chief of Police or their designee are authorized to administer and enforce the provisions of this chapter. A violation of this chapter is considered a misdemeanor punishable as prescribed by Section 1.08.010 of this code.

SECTION VIII.

8.32 TRAILER PARKS

Section 8.32 of the Orange Municipal Code, “Health and Safety – Trailer Parks,” is hereby deleted in its entirety.

SECTION IX.

8.36 WEED AND RUBBISH CONTROL

Section 8.36 of the Orange Municipal Code, “ Health and Safety – Weed and Rubbish Control,” is hereby deleted in its entirety.
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12 SECTION X.

SECTION XI:

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

539
13 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of __________________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ______ ___________, 202 4 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
540
ORDINANCE NO. 23-24

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE AMENDING VARIOUS SECTIONS
IN TITLES 6, 7 AND 8 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

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

SECTION I:

SECTION II:

Section 6.08.010 of the Orange Municipal Code, “Animals – Birds and Bees – Keeping of Bees – Permit Required,” is hereby amended to read as follows:

6.08.010 – Keeping of Bees – Permit Required.

No person shall keep bees within the City without first procuring a permit. The Director of Community Development is authorized to issue such permit on payment of a fee of $25.00 in an amount set by City Council resolution. No permit shall be issued to any person who proposes to establish or maintain any hive or box where bees are kept, or otherwise proposes to keep any bees on any premises within 300 feet of any dwelling (except that dwelling of the owner of such bees) or within 100 feet of any exterior boundary of that property on which the hive or box is located. 541
2 Any person receiving a permit to keep bees shall be required continuously to maintain an adequate water supply in the immediate vicinity of the place where the bees are kept. Within 10 days after a decision by the Director of Community Development, any person may appeal the grant or denial of a permit to the City Council who may reverse, affirm or modify the decision of the Director of Community Development; provided, however, that the City Council shall not grant any such permit unless the Council finds an d determines that there will be no adverse effect either on adjacent landowners or the general public.

SECTION III:

Section 7.02.150 of the Orange Municipal Code, “ Environment – Water Shortage Contingency Response – Other Provisions,” is hereby amended to read as follows:

7.02.150 – Other Provisions.

In furtherance of the objectives of this chapter, the City may, at its discretion, elect to include any or all of the following provisions at any or all of the water conservation stages.

A. Limits on Building Permits. The City may limit or withhold the issuance of building permits which require new or expanded water service, except in order to protect the public health, safety and welfare, or in cases that meet the City's adopted conservation offset requirements.

C. Reporting Hotline. The City may establish a water waste hotline for residents to report violations of this chapter.

SECTION IV:

8.01 PROHIBITION OF SMOKING

Section 8.01 of the Orange Municipal Code, “Health and Safety – Prohibition of Smoking,” is hereby deleted in its entirety.
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3 SECTION V:

Section 8.16 of the Orange Municipal Code, “ Fly Control,” is hereby amended to read as follows:

8.16 FLY PEST CONTROL

8.16.010 – Definitions.

"Commercial dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in lactation.

"Commercial poultry ranch" means any place or premises where poultry are maintained, raised, or fed for the primary purpose of producing eggs or meat for sale or other distribution.

" Fly Pest Abatement Board" means an administrative board composed of five members appointed by the Orange County Board of Supervisors.

" Fly Pest Abatement Hearing Officer" means the Assistant Director of Parks and Maintenance of the City or such other person as is appointed by the City Manager.

"Fly Pest breeding hazard" as used in this chapter means the accumulation, existence, or maintenance of any substance, matter, material, or condition resulting in the breeding of flies in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment and use of life and property by others.

"Horse stable" means any place or premises where three or more horses are maintained for any purpose.

8.16.020 – Public Nuisance.

Any fly pest breeding hazard in the City is hereby declared to constitute a public nuisance.

8.16.030 – Inspection by Health Officer.

Pursuant to the provisions of Section 42.007 of the codified ordinances of the County, it shall be the duty of the County Health Officer, upon routine inspection, or whenever he or she is informed or has reasonable cause to believe that any land, building, or collection of plant or animal waste or any substance or existing condition on any lot, farm, or other land or on any other premises is a fly breeding hazard, to enter, after permission is granted, upon such premises and to determine whether or not there is an existing fly breeding hazard. If permission to enter for the purposes o f inspection is refused, the County Health Officer shall proceed to obtain an inspection warrant as prescribed in Title 13 of Part 3 of the Code of Civil Procedure, commencing with Section 1822.50.

After obtaining such a warrant, the Health Officer shall e nter upon said premises and determine whether or not there is an existing fly breeding hazard.

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4 It shall be the duty of the Health Officer of Orange County, upon routine inspection, upon request of the Pest Abatement Board, or whenever they are informed or have reasonable cause to believe that any land, building, or collection of plant or animal waste or any substance or existing condition on any lot, farm or other land or on any other premises is a pest breeding hazard to enter, after demand, upon such premises and to determine whether or not there is an existing pest breeding hazard.

8.16.040 – Abatement Proceedings - Notice.

A. Whenever there exists in any place within the City a fly pest breeding hazard, the County Health Officer shall notify in writing the record owner or person having control or possession of such place or premises to abate such nuisance and take corrective measures to prevent its recurrence, and to appear at a public hearing to be held by the Pest Abatement Board. Said notice shall specify what is claimed to be causing the hazard and what must be done to abate it. The record owner or person having control or possession of such place or premises shall have five days to abate such nuisance from the time of posting of the notice on the property or delivery of notice in person or by mail. This same notice shall provide that the record owner or the person having control or possession of such place or premises shall be required, on a date to be specified, which date shall not be less than 10 days from the posting of the notices, to appear at a public hearing to be held by the Fly Abatement Board or Fly Abatement Hearing Officer. A copy of such notice shall be posted in a conspicuous place upon such place or premises. Such hearing shall be set by the County Health Officer at least 10 days after the date of such notice.

B. The notice shall specify what is claimed to be causing the hazard and what must be done to abate it and shall direct the owner or person in control or possession of the place or premises to abate the nuisance and to perform any and all work necessary to prevent the recurrence thereof in the places or premises specified in the notice, prior to the time set for the public hearing by the Fly Pest Abatement Board or Hearing Officer and shall advise such owner or person that in lieu of such abatement, if the Fly Pest Abatement Board or Hearing Officer determines that a fly pest breeding hazard still exists at the time of such public hearing, the City Attorney shall be notified.

If abatement is not accomplished within five days of notice to the City Attorney, the County Health Officer will proceed to abate such nuisance without further notice unless such nuisance is abated before a date specified by the Board or Hearing Officer, and the owner of such place or premises and the person having control or possession thereof, jointly and severally, shall be liable to the County or to the City for the total cost of such work, including all administrative costs, and such costs shall constitute a charge and lien upon such place or premises.

C. The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nuisance exists, or upon the agent of either. Notices may be served by any person authorized by the Health Officer of Orange County for such purposes in the same manner as a summons in a civil action.

8.16.050 - Abatement Proceedings—Hearing.

A. At the time fixed for the hearing by the Fly Pest Fly Abatement Board or Fly Abatement Hearing Officer, such Board or Hearing Officer shall hear and consider all relevant testimony and evidence offered by the owner of record or person having control or possession of the place or 544
5 premises upon which the fly pest breeding hazard is stated in such notice to exist, by the County Health Officer or agent, and by any other interested person. Upon the conclusion of the hearing, the Board or the Hearing Officer shall make the following findings:

1. Whether or not a fly pest breeding hazard exists;

2. Specifically, what is causing the hazard;

3. What should be done by the owner to abate the hazard;

4. What work, if any, should be done by the owner to prevent its recurrence;

5. Whether the owner or operator shall comply with any specific regulations of the Health Officer;

6. Whether the Health Officer shall abate and, specifically, what he or she they may do, at his or her their option, provided that anything not included in the Board's or Hearing Officer's order shall not be done by the Health Officer.

B. If the Board or Hearing Officer determines that such a fly pest breeding hazard exists, it shall direct the County Health Officer shall be directed to abate it, without further notice, unless the condition is abated and such work performed by the owner on or before a date to be specified by the Board or Hearing Officer.

8.16.060 – Fly Pest Control Standards.

The Fly Pest Abatement Board, or Fly Pest Abatement Hearing Officer, upon recommendation of the Health Officer, is authorized by Section 42.020 of the codified ordinances of the County to adopt fly pest control standards of operation and design of commercial dairy farms, commercial poultry ranches, and horse stables, or other premises, including food establishments and dwellings, to serve as guidelines in the abatement proceedings described in Section 8.16.050. All such standards shall be printed and made available to all dairymen, poultrymen and horse stable owners or operators the public.

8.16.070 – Costs – Special Assessment.

Such special assessment shall be collected at the same time and in the same manner as ordinary City or County taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary City or County taxes. The City and County shall retain the additional and independent right to recover their costs by way of civil action against the owner and person in possession or control, jointly or severally.

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6 The provisions of this article are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

8.16.080 – Commercial Manure Dealers.

C. Failure to Register a Misdemeanor. Failure to register as a commercial manure dealer as provided in this section shall constitute a misdemeanor.

8.16.090 – Failure to Abate Nuisance—Penalty.

B. Penalty for Failure to Abate Nuisance. Any record owner or person having control or possession of any place or premises upon which a fly pest breeding hazard has been found to exist by the Fly Pest Abatement Board or Fly Pest Abatement Hearing Officer who refuses or neglects to abate such nuisance or to perform all work necessary to prevent its recurrence in accordance with and within the time specified in such written notice of the Board or Hearing Officer shall be guilty of a misdemeanor.

C. Anyone who maintains a fly pest breeding hazard as defined in Section 8.16.010(E) shall be guilty of a misdemeanor and may be prosecuted criminally without first complying with the requirements of Sections 8.16.040 and 8.16.050 except that reasonable notice in writing shall be given prior to filing such complaint.

SECTION VI:

8.24.040 – Exterior Standards.

546
7 A. The following noise standards for fixed noise sources, unless otherwise specifically indicated, shall apply to all residential property:

B. It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other residential property to exceed the noise standards identified in Table 8.24.040. For multi-family residential or mixed use developments located within the City's Urban Mixed Use, Neighborhood Mixed Use, Old Towne Mixed Use or Medium Density Residential General Plan land use districts, exterior noise standards shall apply to common recreation areas only and shall not apply to private exterior space (such as a private yard, patio, or balcony).

C. In the event the ambient noise level exceeds the noise standards identified in Table 8.24.040 of this section, the "adjusted ambient noise level" shall be applied as the noise standard. In cases where the noise standard is adjusted due to a high ambient no ise level, the noise standard shall not exceed the "adjusted ambient noise level," or 70 dB(A), whichever is less.

In cases where the ambient noise level is already greater than 70 dB(A), the ambient noise level shall be applied as the noise standard.

D. Each of the noise limits specified in Table 8.24.040 shall be reduced by five dB(A) for impact or simple tone noises, recurring impulsive noises, or for noises consisting of speech or music.

8.24.050 – Exemptions from Chapter Provisions.

The following activities shall be exempted from the provisions of this chapter:

A. Any activities such as but not limited to Sschool bands, school athletic and school entertainment events on any public or private nursery, elementary, intermediate, or secondary school or college campus;

B. Outdoor gatherings, public dances, shows, and sporting and entertainment events or other public or private events provided such events are conducted pursuant to any permit or license requirements established by the City;
547
8 C. Activities conducted on public parks, public playgrounds, and public or private school grounds that are consistent with the expected use, rules, regulations and/or permit provisions of the location;

D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

H. Noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner;

Operation of leaf blowers is regulated under Chapter 8.26;

J. Industrial or commercial noise affecting residential units, when the residential unit is associated with said industrial or commercial use (e.g. caretaker's dwellings);

K. Any maintenance or construction activity undertaken by a public agency or utility within street right of way;

M. Any activity to the extent regulation thereof has been preempted by state or federal law.

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9 O. Warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles when used for traffic safety purposes, work safety regulations (i.e., forklifts earth moving equipment), or any other device when used by public safety o r City services for official purposes;

8.24.080 – Enforcement Authority.

A. The Chief Building Official Director of Community Development or Chief of Police or their designee are directed to enforce the provisions of this chapter. The Chief Building Official Director of Community Development or Police Chief or their designee are authorized, pursuant to Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.

B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his or her duty. Administrative citations may be issued for violations of the provisions of this chapter, as set forth in Chapter 1.10 of the Code.

C. If the Director of Community Development or Chief of Police or their designee conduct noise monitoring tests or other noise measurement readings for purposes of enforcement, and the noise level is found to exceed the noise levels in this chapter, the prope rty owner or the operator of the noise source shall be required to pay the City’s cost of the noise monitoring tests or readings.

SECTION VII:

Sections 8.29.050 of the Orange Municipal Code, “Health and Safety – Self-Hauling Violations,” 8.29.110 of the Orange Municipal Code, “Health and Safety – Solid Waste Disposal Reduction – Prohibited Acts, ” 8.29.160 of the Orange Municipal Code, “Health and Safety – Container Placement,” 8.29.180 of the Orange Municipal Code, “Health and Safety – Solid Waste Disposal Reduction – Sharing of Containers ,” and 8 .29.290 of the Orange Municipal Code, “Health and Safety – Solid Waste Disposal Reduction – Enforcement,” are hereby amended to read as follows:

8.29.050 – Self-Hauling Violations.

A. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed on or adjacent to any Premises, street, or public within the City right-of-way for the collection of solid waste in violation of Section 8.29.160 ("unauthorized container(s)") may be impounded as set forth in this chapter.

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10 B. The City may cause a notice of violation to be placed in a conspicuous place on any unauthorized container directing that it be removed. The notice shall specify the nature of the violation and shall state that the container must be removed within 24 hours or it may be removed and stored by the City or authorized designee, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; and, further, shall indicate that any appeal of the order for removal must occur within 24 hours of the posting of the notice. The posting of a notice to remov e shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized container. If the identity of the owner of an unauthorized container is known to the City, the City shall also promptly cause a copy of the notice to remove to be mailed or emailed to the owner.

C. If within 24 hours after a notice to remove is posted on an unauthorized container a request for an appeal has not been received and the container is not removed, the City may direct the removal and storage of the unauthorized container. In addition, if the contents of the container are either comprised of a substantial amount of putrescible solid waste, or determined by the City to create a threat to health and safety if not disposed of immediately, the City may direct the disposal of the contents of the container. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal, including any administrative costs incurred by the City. All amounts due to the City for the cost of remova l, storage and disposal must be paid before the unauthorized container may be returned to the owner.

Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an enforcement action brought by the City for the recovery of such amounts.

D. If the unauthorized container is not claimed within 30 days after removal, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of as determined by the City.

8.29.110 – Prohibited Acts.

C. No person shall burn or process any solid waste within the City, except in an approved incinerator, digestor or other device for which a permit has been issued by the Building 550
11 Official and Fire Marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations.

E. No person other than the waste generator or any waste generator employee, City Manager, or franchisee of the City shall move, remove or interfere with any container or its contents.

F. No person shall enter into or be inside of a solid waste, recyclable materials or compostable materials container.

8.29.160 – Sharing of Containers.

B. All containers placed adjacent to or in a street or public right-of-way for collection service shall be removed from the street or public right-of-way by 7:00 a.m. on the day after collection.

C. Containers shall be placed on top of the curb when street sweeping days align with solid waste collection days.

D. Containers shall be placed only within the public right -of-way aligning with associated property's frontage.

8.29.180 – Sharing of Containers.

B. The sharing of bins may be permitted under either of the following conditions:

1. The owner, property manager or person in charge or control of a premises upon which four five or more residential dwelling units exist may arrange for one or more bins (but 551
12 not carts) to be shared by the occupants, tenants or persons in possession of the dwelling units on that premises.

8.29.290 – Enforcement.

Enforcement of this chapter shall be as provided in Section 8.28.030 of this title. The Chief of Police or their designee are authorized to administer and enforce the provisions of this chapter. A violation of this chapter is considered a misdemeanor punishable as prescribed by Section 1.08.010 of this code.

SECTION VIII.

8.32 TRAILER PARKS

Section 8.32 of the Orange Municipal Code, “Health and Safety – Trailer Parks,” is hereby deleted in its entirety.

SECTION IX.

8.36 WEED AND RUBBISH CONTROL

Section 8.36 of the Orange Municipal Code, “ Health and Safety – Weed and Rubbish Control,” is hereby deleted in its entirety.

SECTION X.

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, se ntence, 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 XI:

ADOPTED this day of , 2024.

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13 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 ___ day of _____________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 202 4 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
553

Orange City CouncilJuly 23, 2024

Orange City Council
July 23, 2024