Agenda packet — Orange City Council, January 14, 2025 (part 3 of 3)

Program III–2 Site Development Review
Comply with all City procedures in the review of proposed development projects, and use the site plan review process to ensure that applicable General Plan policies and City standards and regulations are applied to proposals for specific development projects.

Agency/Department: Community Development Department, Public Works Department, Police Department, Fire Department,
Community Services Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Land Use: 1.6, 1.7, 2.5, 2.7, 2.8, 3.1, 3.4, 4.3, 4.5, 6.1, 6.2, 6.9, 6.10, 6.12 Circulation & Mobility: 1.1, 1.7, 5.1, 5.2
Natural Resources 1.3, 2.3, 2.6, 2.13, 2.14, 2.15, 2.16, 4.3, 4.4, 4.5, 5.4, 5.6, 5.7,

6.6, 7.5
Cultural Resources &
Historic Preservation: 1.3, 1.4, 1.5, 1.6, 4.1, 4.2, 4.3, 4.4, 4.5 Public Safety: 1.1, 2.5, 3.3, 3.45, 3.5, 3.7, 3.8, 3.9, 3.10, 4.2, 4.3, 6.2, 7.2, 7.3,

7.4, 9.1
Noise: 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 2.1, 2.2, 5.1, 5.2, 5.3, 6.1, 6.2 Urban Design: 2.4, 2.5, 2.6, 3.4, 3.5, 6.1
Infrastructure: 1.4, 1.5

Program III-3 Commission/Committee Review
Orange has several commissions and one committee whose purpose is to advise and assist the City Council in dealing with issues related to each commission’s or committee’s area of 575

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concern. The commissions and committee gather pertinent information, hear arguments, weigh values, and mak e recommendations to the Council. Several of the commissions also have some administrative powers.

The City will continue to use the commission /committee structure to inform the public decision-making process.

The City will also consider expanding the authority of the Design Review Committee and Community Development Department ’s staff to administer the Orange Historic Resources Inventory, Historic Register listings, and design review procedures for projects involving architectural and archaeological resources.

Agency/Department: City Council , Community Development Department, Community Services Department
Funding Source: General Fund
Time Frame: Ongoing
Related Policies:

Land Use: 2.5, 2.6, 2.7, 2.8, 3.1, 3.2, 4.5, 5. 5, 5.8, 5.9, 6.1, 6.2, 6.3, 6.4,

6.7, 6.11, 8.1, 8.2, 8.3
Circulation & Mobility: 1.3, 2.3, 3.2, 4.1, 6.1
Cultural Resources &
Historic Preservation: 1.1, 1.3, 1.4, 4.5, 4.6
Urban Design: 1.1, 6.1
Public Safety: 1.1, 3.5, 4.3, 7.4
Economic Development: 1.2, 2.5, 3.3, 4.5, 5.1, 5.2, 5.3, 5.4, 5.5

Program III-4 Traffic Impact Analyses
Require preparation of traffic impact analyses for new discretionary development projects.

A traffic impact a nalysis which includes VMT assessment shall be required for a proposed project that does not satisfy the project screening criteria . For projects that increase V/C by

0.01 or more on affected roadway segments or intersections experiencing LOS E or LOS F conditions without the proposed project, traffic impact analyses must propose binding reduction strategies to be incorporated within the project.

Continue to update guidelines for the preparation of traffic impact analyses to reflect local conditions and industry standards.

Agency/Department: Public Works Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Land Use: 2.5, 6.10
Circulation & Mobility: 1.1
Growth Management: 1.2, 1.6

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Program III-5 Transportation Demand Management Plans
Require major employers of 100 persons or more to institute transportation demand management (TDM) plans. Such plans establish incentives to encourage employees to carpool, take public transportation, bicycle , or use some means other than private automobiles to get to and from work.

Agency/Department: Community Development Department , Public Works Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Circulation & Mobility: 2.6
Natural Resources: 2.1, 2.2
Growth Management: 1.12

Program III-6 National Pollutant Discharge
Elimination System Compliance
Before making land use decisions, the City will utilize available methods to estimate increases in pollutant loads and flows resulting from projected future development.

The City will follow the most current NPDES permit and countywide Model WQMP and the City Local Implementation Plan to ensure that the City complies with applicable federal and state regulations. Applicants for new development and redevelopment projects shall prepare and submit plans to the City, as well as implement plans demonstrating accomplishment of the following:
▪ Emphasize the need to implement and prioritize the use of low impact development BMPs that provide onsite infiltration and retention;
▪ Use biotreatment systems such as flow through planters, wetlands and bioswales where infiltration, evapotranspiration, and harvest and reuse are not feasible; ▪ Limit areas of impervious surfaces and preserve natural areas; ▪ Limit directly connected areas of impervious surfaces; ▪ Limit disturbance of natural water bodies, natural drainage systems, and highly erodable areas;
▪ Use structural and nonstructural best management practices (BMPs) to mitigate projected increases in pollutant loads and flows;
▪ Use pollution prevention methods, source controls, and treatment with small collection strategies located at or as close as possible to the source; ▪ Control the velocity of pollutant loading flows during and after construction; and ▪ Implement sediment and erosion protection during construction. 577

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In addition, applicants for large development projects are required to prepare and implement plans that meet site predevelopment hydrologic conditions and to control runoff on -site where technically feasible.

Agency/Department: Public Works Department, Community Development Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Land Use; 4.3, 6.5
Natural Resources: 2.12, 2.13, 2.14, 2.15, 2.16, 2.17
Public Safety: 2.3

Program III-7 Water Services and Supplies
As needed, require studies to determine water infrastructure requirements for future development projects, and require that any recommendations be incorporated into the design of projects. Require the dedication of necessary right -of-way and construction of water infrastructure improvements for development projects as needed . Developers shall also be required to pay the cost of providing new and improved water services to project sites. Require fire flow testing after construction.

For projects that satisfy the criteria set forth in Sections 10910 –10915 of the California Water Code and Section 66473.7 of the Government Code, a water supply assessment or water supply verification demonstrating available water supplies exist to support development shall also be prepared.

Agency/Department: Community Development Department, Public Works Department
Funding Source: Development fees, General Fund
Time Frame: Ongoing
Related Policies:

Infrastructure: 1.1, 1.4, 1.6
Public Safety: 3.7

Program III-8 Adequate Public Safety and Emergency
Response
During the development application process, consult with Fire and Police Departments to evaluate the need for additional fire and police facilities or resources to serve new development projects and infill development areas. During updates to the Capital Improvement Program process, coordinate with service providers to evaluate the level of fire and police service provided to the community. Require adequate street widths and clearance for emergency access. Provide all appropriate safety features. Continue to use state -of-the- art techniques, and technology, and training to enhance public safety. 578

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Adhere to requirements in the Municipal Code for adequate street widths and clearance for emergency access. Integrate CPTED techniques into development projects and practice active surveillance measures in high-risk areas such as parking lots.

The City shall use open space easements and other regulatory techniques to prohibit development and avoid public safety hazards where the threat from seismic hazards cannot be mitigated.

Utilize and update as necessary established designated evacuation routes throughout the City in the City’s “Know Your Way” Plan and as shown on the Police Department website and utilize Primary Evacuation Plans, Evacuation Trigger Points, and Temporary Evacuation Assembly Points identified in the Fire Department Wildland Urban Interface pre -plan documents for wildfire incidents.

Maintain and update the City’s Emergency Operations Plan as needed, and ensure ongoing consistency between the General Plan, the Emergency Operations Plan, and the Fire Department Strategic Deployment Plan.

Continue to adopt and honor agreements with adjacent communities for mutual aid assistance. Specifically, continue to utilize Standard Emergency Management System (SEMS) and National Incident Management System (NIMS) for local and master mutual aid agreements. Continue to utilize the “SOLAR Plan” (San Bernardino County, Orange County, Los Angeles County, Anaheim, Riverside County) for coordinated radio frequency communications.

Ensure that the Fire Department has sufficient capacity, stations, personnel, training, technology, and equipment to meet growth needs in the City of fire protection and related emergency services. Continue to implement the short- and long-term steps identified in the Standards of Coverage Assessment created in 2015. Continue to implement the Strategic Plan for the Orange City Fire Department.

Continue to train, license, and/or certify Fire Department staff via programs or drills meeting standards of or available through: the Emergence Operation Center (EOC), the National Fire Protection Association (NFPA), the California Emergency Medical Services Authority (EMSA), the Joint Apprenticeship Committee (IAC), and RT -130: Wildfire Fire Safety Training Annual Refresher (WFSTAR).

Maintain the City’s mass emergency notification mechanism for the release of public information during a major event.

Agency/Department: Community Development Department, Public Works Department, Police Department, Fire Department
Funding Source: Development fees, General Fund
Time Frame: Ongoing
Related Policies:

Public Safety: 3.4, 3.7, 4.4, 6.1, 6.2, 6.3, 6.4, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11

Program III-9 Geologic Hazard Assessments
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and binding mitigation strategies must be adopted. Compliance with the recommendations set forth in site-specific geologic and/or geotechnical studies will be made a condition of approval for new development . In addition, the City may require applicants to incorporate measures to stabilize and maintain slopes on a site -by-site basis, such as proper planting, irrigation, retaining walls, and benching.

Agency/Department: Community Development Department, Public Works Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Land Use: 6.9, 6.10
Public Safety: 1.1

Program III-10 Cultural Resources Inventories
Require cultural resources inventories of all new development projects in areas identified with medium or high potential for archeological, paleontological, or cultural resources based on resource sensitivity maps prepared in conjunction with the General Plan.

Where a preliminary site survey finds medium to high potential for substantial archaeological remains, the City shall require a mitigation plan to protect the resource before issuance of permits. Mitigation may include:
▪ Ensuring that a qualified archaeologist is present during initial grading or trenching (monitoring),
▪ Redesigning the project to avoid archaeological resources (this is considered the strongest tool for preserving archaeological resources), ▪ Capping the site with a layer of fill, and/or
▪ Excavating and removing the archaeological resources (recovery) and implementing curation in an appropriate facility under the direction of a qualified archaeologist (interpretation).

Alert applicants for permits within early settlement areas to the potential sensitivity. If an archaeological inventory surve y is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. The final report containing site forms, site significance, and mitigation measures should be submitted immediately to the Community Development Department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure.

If significant archaeological resources are discovered during construction or grading activities, such activities shall cease in the immediate area of the find until a qualified archaeologist can determine the significance of the resource and recommend alternative mitigation. The final written report should be submitted to the appro priate regional 580

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archaeological Information Center within three months after work has been completed. The City shall ensure that project applicants contact the Native American Heritage Commission for a Sacred Lands File Check and a list of appropriate Native American contacts for consultation concerning the project site and to assist in crafting the mitigation measures.

Agency/Department: Community Development Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Land Use: 6.11
Cultural Resources &
Historic Preservation: 4.1, 4.5

Program III-11 Green Building, Energy Conservation,
and Sustainable Development
The City strongly encourages new development and major renovation projects to employ green building techniques and materials . Encourage proposed development projects throughout the City to use Leadership in Energy and Environmental Design (LEED) standards developed by the U .S. Green Building Council or a similar third -party verified program.

Encourage building orientations and landscaping that enhance natural lighting and sun exposure. Prepare guidelines for sustainable development to encourage incorporation of these practices in new development. These guidelines will include measures to maximize soil permeability to address related stormwater and surface-water runoff issues.

Require compliance with state Title 24 building construction standards and Energy Star conservation standards for all development projects.

Prepare and adopt an ordinance that requires and/or provides incentives for: (1) specified new residential development to comply with a specified green building program or show that its development provides comparable effectiveness to such a program; and (2) specified non-residential development of a specified size comply with a specified green building program or show that its development provides comparable effectiveness to such a program.

Agency/Department: Community Development Department , Public Works Department
Funding Source: Development fees
Time Frame: Ongoing; December 31, 2011 (For ordinance)
Related Policies:

Natural Resources: 2.6, 2.7

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Program III-12 Mixed-Use Noise Property Notification
When the City exercises discretionary review, provides financial assistance, or otherwise facilitates residential development within a mixed-use area, make providing written warnings to potential residents about noise intrusion a condition of that approval, assistance, or facilitation. The following language is provided as an example:
“All potential buyers and/or renters of residential property within mixed -use districts in the City of Orange are hereby notified that they may be subject to audible noise levels generated by business and entertainment related operations common to such areas, including amplified sound, music, delivery and passenger vehicles, mechanical noise, pedestrians, and other urban noise sources.”
Agency/Department: Community Development Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Noise: 5.1, 5.3
Urban Design: 2.5

Program III-13 Ecological and Biological Resource
Assessments
Analyze development proposals for potential impacts on significant ecological and biological resources. Require appropriate mitigation for all significant impacts if impact avoidance is not possible. Mitigation measures for habitat and species may include but are not limited to avoidance, enhancement, restoration, compensatory mitigation, or a combination of these.

Agency/Department: Community Development Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Land Use: 6.4, 6.11
Natural Resources: 4.1, 4.3, 4.4, 4.5

Program III-14 Archaeological Resources Management
Report (ARMR Preservation Bulletin)
Establish the Archaeological Resources Management Report (ARMR Preservation Bulletin) as the standard report format for all documentation and accept reports only from registered professional archaeologists knowledgeable in Native American cultures and/or historical archaeology (qualified archaeologists).

Agency/Department: Community Development Department
Funding Source: Development fees
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Time Frame: Ongoing
Related Policies:

Cultural Resources &
Historic Preservation: 4.1

Program III-15 Historic Resources Design Review
Continue to use the Secretary of the Interior’s Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings as a basis for design review and incorporate them by reference into the Old Towne Historic Preservation Design Standards for Old Towne and Orange Eichler Design Standards. and other historic preservation design standards . Any approved demolition permit for historic resources listed in the City’s Historic Register will be automatically subject to a delay of 180 days before the permit for demolition may be issued. The property owner will strive to develop alternatives to demolition that will preserve the historic resources.

The Design Review Committee or Historic Preservation Commission at such time such a commission is established, shall serve as the review body for projects involving historic resources.

Agency/Department: Community Development Department, City Council Funding Source: General Fund
Time Frame: Ongoing
Related Policies:

Cultural Resources &
Historic Preservation: 1.1, 1.2, 1.3, 1.4, 1.5, 2.3, 3.2

Program III-16: Public Access to Santiago Creek and
Santa Ana River Public Interface
Ensure that new development does not preclude access to Santiago Creek and the Santa Ana River and associated trails. Development review should ensure that commercial and retail development in these areas support public access.

Agency/Department: Community Development Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Land Use: 6.4, 6.6
Circulation & Mobility: 4.1
Natural Resources: 1.3, 5.5, 7.1, 7.2, 7.3, 7.4, 7.5
Urban Design: 2.6

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Program III-17: Office Condominium Conversions
Evaluate applications for conversion of industrial properties to office condominiums to determine the impact on the available balance of larger and smaller properties available for industrial use.

Agency/Department: Community Development Department , Economic Development Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Land Use: 4.1, 4.2, 4.3, 4.4, 4.5
Economic Development: 3.1, 6.1, 6.2

Program III-18: Noise Reduction in New Construction
Require construction contractors to implement the following measures during construction activities through contract provisions and/or conditions of approval as appropriate:
▪ Construction equipment shall be properly maintained per manufacturers’ specifications and fitted with the best available noise suppression devices (i.e., mufflers, silencers, wraps, etc).
▪ Shroud or shield all impact tools, and muffle or shield all i ntake and exhaust ports on power equipment.
▪ Construction operations and related activities associated with the proposed project shall comply with the operational hours outlined in the City of Orange Municipal Code Noise Ordinance, or mitigate noise at se nsitive land uses to below Orange Municipal Code standards.
▪ Construction equipment should not be idled for extended periods of time in the vicinity of noise sensitive receptors.
▪ Locate fixed and/or stationary equipment as far as possible from noise sensitive receptors (e.g., generators, compressors, rock crushers, cement mixers). Shroud or shield all impact tools, and muffle or shield all intake and exhaust ports on powered construction equipment.
▪ Where feasible, temporary barriers shall be placed as close to the noise source or as close to the receptor as possible and break the line of sight between the source and receptor where modeled levels exceed applicable standards. Acoustical barriers shall be constructed material having a minimum surface weight of 2 pounds per square foot or greater, and a demonstrated Sound Transmission Class (STC) rating of 25 or greater as defined by American Society for Testing and Materials (ASTM) Test Method E90. 584

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Placement, orientation, size, and density of acoustical barriers shall be specified by a qualified acoustical consultant.

Agency/Department: Community Development Department , Public Works Department, Community Services Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Noise: 1.1, 1.2, 1.4, 1.5, 7.2

Program III-19: Groundborne Noise and Vibration
Implement the following measures to reduce the potential for human annoyance and architectural/structural damage resulting from elevated groundborne noise and vibration levels.
▪ Construction-Induced Vibration. The City shall implement or require implem entation of the following measures through contract provisions and/or conditions of approval as appropriate:
o Pile driving required within a 50 -foot radius of historic structures shall utilize alternative installation methods where possible (e.g., pile cushioning, jetting, pre- drilling, cast-in-place systems, resonance-free vibratory pile drivers). Specifically, geo pier style cast -in-place systems or equivalent shall be used where feasible as an alternative to pile driving to reduce the number and amplitude of impacts required for seating the pile.
o The preexisting condition of all buildings within a 50 -foot radius and of historic buildings within the immediate vicinity of proposed construction -induced vibration activities shall be recorded in the form of a preconstruction survey. The preconstruction survey shall determine conditions that exist before construction begins for use in evaluating damage caused by construction activities. Fixtures and finishes within a 50 -foot radius of construction activities susceptible to damage shall be documented (photographically and in writing) prior to construction. All damage will be repaired back to its preexisting condition. o Vibration monitoring shall be conducted prior to and during pile driving operations occurring within 100 feet of the historic structures. Every attempt shall be made to limit construction -generated vibration levels in accordance with Caltrans recommendations during pile driving and impact activities in the vicinity of the historic structures.
o Provide protective coverings or temporary shoring of on -site or adjacent historic features as necessary, in consultation with the Community Development Director or designee.
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▪ Railroad-Induced Vibration:
o Vibration sensitive uses shall be located a minimum of 100 feet from the railroad centerline, where feasible. To ensure compliance with FTA and Caltrans recommended guidelines, a site -specific groundborne noise and vibration assesment should be conducted. For sensitive uses located within 100 feet of the railroad centerline, the acoustical noise and vibration assessment shall demontrate that potential impacts will be below the level of significance. If specific project -level impacts are identified, mitigation measures reducing the impacts to below the level of significance will be required. o A groundborne vibration assessment shall be conducted at proposed building pad locations within 200 feet of railroad right -of-ways, prior to project approval.

Vibration monitoring and assessment shall be conducted by a qualified acoustical consultant. The assessment will demonstrate that rail -associated groundborne vibration and noise levels comply with recommended FTA and Caltrans guidance of 80 VdB and 0.2 in/sec PPV (or equivalent) , respectively, or propose project - specific mitigation measures such as site design, building isolation, etc. to achieve that standard.

Agency/Department: Community Development Department, Public Works Department
Funding Source: General Fund, Development fees
Time Frame: Ongoing
Related Policies:

Noise: 1.1, 3.1, 3.2, 6.1, 7.2

Program III-20: Toxic Air Contaminant Exposure
Require each project applicant to implement the following measures to reduce the exposure of sensitive receptors to TACs from mobile sources, as project design features or a condition of project approval:
▪ Activities involving idling trucks shall be oriented as far away from and downwind of existing or proposed sensitive receptors as feasible.
▪ Strategies shall be incorporated to reduce the idling time of main propulsion engines through alternative technologies such as IdleAire, electrification of truck parking, and alternative energy sources for TRUs to allow diesel engines to be completely turned off. ▪ Proposed developments shall incorporate site plans that move sensitive receptors as far as feasibly possible from major roadways (100,000+ average daily trips). ▪ Projects containing sensitive receptors (such as residences, schools, day care centers, and medical facilities) on sites within 500 feet of a freeway must demonstrate that health 586

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risks relating to diesel particulates would not exceed acceptable health risk standards prior to project approval.

Agency/Department: Community Development Department, Public Works Department
Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Natural Resources: 2.1
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IV. Planning and Outreach Initiatives

Program IV-1 Annual Review of General Plan and Land Use Policy Map
Annually review implementation of the General Plan and Land Use Policy Map to identify the effect of land development and use on City revenues and costs of providing and maintaining public facilities and services.

Report annually to the City Council regarding progress toward established objectives.

Agency/Department: Community Development Department
Funding Source: General Fund
Time Frame: Ongoing, with annual reports to City Council Related Policies: All

Program IV-2 Park Acquisition, Construction, and
Maintenance Report
Work actively to acquire, build , and maintain approximately 241 acres of additional parkland to achieve a minimum parkland ratio of 3 acres per 1,000 persons by 2030, and work toward a desired ratio of 5 acres per 1,000 persons by 2050. Evaluate progress toward achieving this goal by preparing a status report for the City Council and community every five years.

As a separate but compatible objective , support efforts by the County of Orange or private landowners to provide an additional 303 acres of regional parkland to support an overall objective of 10 acres of parkland per 1,000 persons, inclusive of County regional parks.

Work with the private sector to encourage use of vacant commercial or industrial properties for recreational purposes.

Agency/Department: Community Services Department
Funding Source: General Fund
Time Frame: Baseline status report completed by 2013
Ongoing 5-year reporting beginning in 2016
Related Policies:

Land Use: 1.7, 8.1, 8.3
Natural Resources: 5.1, 5.3, 5.4, 5.6, 5.7

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Program IV-3 Public Education Programs
Use public education activities to accomplish the following objectives:
▪ Improve citizen participation in land use and economic development planning processes.

Promote awareness of Orange’s historical and architectural resources and potential strategies for adaptive reuse of historic structures.
▪ Educate residents regarding air and water quality, including the effects of urban runoff. ▪ Raise public awareness of public safety issues—fire safety, flood hazards, homeland security, and other programs.
▪ Raise public awareness about the importance of green building techniques. ▪ Educate the public regarding the benefits of recycling and waste reduction. ▪ Promote traffic safety awareness programs.
▪ Promote the application of CPTED to new development projects. ▪ Support neighborhood meetings and community programs on crime prevention and education.
▪ Continue to support existing Neighborhood Watch programs, and support the efforts of the City of Orange Police Department to expand these programs. ▪ Educate the public regarding fire safety through public outreach and support for localized efforts to become a Firewise Community.
▪ Educate the public about established designated evacuation routes throughout the City as designated in the City’s “Know Your Way” Plan provided on the Police Department website.
▪ Sponsor and support public education programs for emergency preparedness and disaster response. Continue to provide a Community Emergency Response Team (CERT) program through the Police Department to support awareness and preparedness for the Orange community.
▪ Maintain the City’s mass emergency notification mechanism for the release of public information during a major event.

Coordinate education activities and make materials available to residents. Utilize all available media—forums, flyers, brochures, e -mail, videos, interpretive displays, workshops, and the City’s website and cable television channel —to accomplish these objectives. Fully utilize the resources of the Orange Public Library to disseminate this information. Explore partnerships with local schools and educators to develop various educational programs related to historic preservation, personal and community safety, and environmental awareness. 589

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Agency/Department: Community Development Department, Public Works Department, Fire Department, Police Department, Library Services Department, Community Services Department
Funding Source: General Fund; Federal, state, and private grants Time Frame: Ongoing
Related Policies:

Land Use: 5.2, 6.11, 8.1, 8.2, 8.3
Natural Resources: 2.17
Cultural Resources &
Historic Preservation: 1.2, 1.3, 1.6, 2.2, 2.3, 3.1, 3.2, 4.4, 4.6, 5.1, 5.5 Public Safety: 1.2, 3.5, 3.6, 6.5, 6.6, 7.1, 8.1, 8.5
Economic Development: 3.3, 4.4
Program IV-4 Santiago Creek and Santa Ana River Vision Plans Continue efforts to prepare and adopt a vision plan for Santiago Creek addressing recreational trails, open space, and flood control.

Support future development of highly visible access points to the Santa Ana River, particularly at Lincoln Avenue, Katella Avenue, and Chapman Avenue. Partner with the City of Anaheim, resource agencies, and community organizations to complete a vision plan for the Santa Ana River, similar to the plan for Santiago Creek.

Agency/Department: Community Development Department, Community Services Department, Public Works Department
Funding Source: Grants, General Fund
Time Frame: Santiago Creek Plan completed by 2013
Santa Ana River plan completed by 203020
Related Policies:

Land Use: 6.3, 7.3
Circulation & Mobility: 1.1
Natural Resources: 1.2, 4.2, 6.1
Cultural Resources &
Historic Preservation: 4.2
Program IV-5 Solid Waste Source Reduction and Recycling Continue to implement waste diversion programs as well as public education programs as outlined in the City’s Source Reduction and Recycling Element required by Assembly Bill 939 (1989). Work to expand recycling pickup to all residential addresses in the City. Conduct a waste characterization study to identify the major constituents in the City’s solid waste stream. The results of the study will be used to guide development of the recycling and outreach program, and possible revisions to waste handler contracts. The City will also consider anticipated waste associated with the land use types of future development.The 590

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the land use types of future development. Also, the City will continue to implement and promote through public education recycling, organics recycling, and food recovery programs as mandated by CalRecycle.

Agency/Department: Public Works Department
Funding Source: General Fund, user fees
Time Frame: Ongoing
Related Policies:

Natural Resources: 2.5
Infrastructure: 2.1, 2.2, 2.3, 2.4

Program IV-6 Transportation Demand and System
Management
Participate in regional efforts to implement TDM requirements and support implementation of the employer TDM provisions of the South Coast Air Quality Management District ’s Air Quality Management Plan by working with the SCAQMD to identify employers within Orange most suitable for participation in the TDM programs to achieve major reduction of VMT .

Complete intersection capacity improvements and coordinate traffic signals as necessary to improve traffic flow.

Agency/Department: Community Development Department, Public Works Department
Funding Source: General Fund
Time Frame: Ongoing
Related Policies:

Land Use: 7.4
Circulation & Mobility: 2.2, 2.5, 2.6
Natural Resources: 2.1, 2.2
Growth Management: 1.12, 2.1

Program IV-7 Growth Management Performance Monitoring
Program
As required by Renewed Measure M (also known as OC Go) , the City’s annual Performance Monitoring Program is intended to provide an annual evaluation of its development phasing plans. This program reviews and evaluates the implementation of phasing plans that reflect conditions of approval for traffic improvements required as mitigation measures for development projects. The monitoring program is intended to ensure that road improvements or funding are actually provided as required , to determine whether development may continue. If the improvements or funding specified in project conditions have not been provided, the City shall defer development until compliance with the provision of this program is achieved.

The monitoring program includes an annual review of new development projects until all required improvements have been constructed. Traffic-related mitigation requirements, such 591

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as TDM programs, will be continued in conformance with the provisions of the project - approved programs.

Agency/Department: Community Development Department, Public Works Department Funding Source: Development fees
Time Frame: Ongoing
Related Policies:

Circulation & Mobility: 1.1
Growth Management: 1.2, 1.5, 1.12
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V. Coordination with Other Agencies and Organizations

Program V-1 Utility Companies
As part of the development application and review process, coordinate with Southern California Edison (SCE), Time Warner Cable, Cox Communications Orange County, the Gas Company, AT&T, cellular telephone service providers, and other local utilities to assess capacity and infrastructure needs to support new development or development activities .

Ensure through such coordination that Orange remains on the cutting edge of new infrastructure technology. Require that utilities be moved underground consistent with the City’s Master Utility Undergrounding Plan . Identify engineering vulnerabilities in lifeline utilities, such as overhead power lines, for exposure to or threats of wildland fire.

Agency/Department: City Manager ’s Office , Community Development Department, Public Works Department
Funding Source: SCE utility undergrounding fund, private funding sources Time Frame: Ongoing
Related Policies:

Land Use: 7.3, 7.4, 7.5, 7.6
Urban Design: 2.8
Infrastructure: 4.1, 4.2, 4.3
Economic Development: 5.2, 6.2

Program V-2 Orange Unified School District and
Santiago Canyon Community College District
Coordinate with the Orange Unified School District and Santiago Canyon Community College District to address the following issues, as applicable:
▪ Preparation of facilities master plans;
▪ Continued development of safe pedestrian and bicycle routes to all schools and ensuring that physical improvements (such as crosswalks and bike racks) are in place to support walking and bicycling to schools;
▪ Exploration of nonstructural solutions that may encourage people to walk or bus to school, rather than drive (e.g., staggered start times, walking groups); ▪ Continued joint use of school sites for community recreation; ▪ Exploration of joint use of school site(s) for public library service; ▪ Continued youth and family services to serve families of children living within the school district’s boundaries;
▪ Continued joint-use agreements to make additional recreational facilities available to the community during non-school hours;
593

IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-50 GPA 2010-0001 (8/10/10)
▪ Requiring new or remodeling existing schools to install appropriate student pick-up/drop- off areas; and
▪ Preparation of an elementary school curriculum, including suggested supplemental activities, for teaching children about cultural and historical resources, personal and community safety, sustainable lifestyles, and environmental awareness in the City.

Agency/Department: Community Development Department, Community Services Department, Library Services Department
Funding Source: Development fees, user fees
Time Frame: Ongoing
Related Policies:

Land Use: 7.1, 7.6
Natural Resources: 5.3
Cultural Resources & Historic Preservation: 2.2, 3.1

Program V-3 Adjacent Jurisdictions and Special-Purpose
Agencies and Organizations
Continue to coordinate with adjacent jurisdictions and special -purpose agencies and organizations for the following purposes:
▪ Land use planning efforts;
▪ Growth and facility planning, management, and maintenance; ▪ Planning and developing major east/west and north/south arterials and rapid transit; ▪ Ensuring that Orange benefits from the planned Anaheim Regional Transportation Intermodal Center (ARTIC);
▪ Connecting City trails to trails in adjacent jurisdictions and regional trails networks, including Santiago Creek, the Santa Ana River, and the proposed Tustin Branch Trail; ▪ Completing vision plans for Santiago Creek and the Santa Ana River; ▪ Maintaining an appropriate level of transportation impact fees and other public service fees;
▪ Continuing and adopting mutual-aid agreements;
▪ Continue to adopt and honor agreements with adjacent communities for mutual aid assistance. Specifically, continue to utilize Standard Emergency Management System (SEMS) and National Incident Management System (NIMS) for local and master mutual aid agreements. Continue to utilize the “SOLAR Plan” (San Bernardino County, Orange County, Los Angeles County, Anaheim, and Riverside County) for coordinated radio frequency communications;
▪ Maintaining flood control facilities and implementing a capacity analysis; ▪ Developing trails along service roads for flood control channels; ▪ Aircraft corridor planning, minimizing aircraft overflights in the City, and coordinating approval of heliport/helistop operations;
594

IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-51
▪ Disaster preparedness and emergency response for earthquakes and wildland fires; ▪ Participating in interjursidictional planning forums through the established Growth Management Areas (GMAs) adopted by the Regional Advisory Planning Council as well as the City’s Joint Powers Agreements with adjacent cities to address cumulative traffic impacts and to coordinate improvements in transportation facilities; and ▪ Monitoring and compiling information on faults within the planning area.

Agency/Department: Community Development Department, Public Works Department, Fire Department, Police Department
Funding Source: General Fund, development fees, gas tax funds Time Frame: Ongoing
Related Policies:

Land Use: 7.3, 7.4, 7.5, 7.6
Circulation & Mobility: 2.2, 2.3, 2.4. 3.1, 4.1
Natural Resources: 6.1, 6.3, 6.4
Public Safety: 1.3, 2.1, 3.7, 5.1, 5.2, 6.3, 8.2, 8.3
Noise: 4.1, 4.2, 4.3
Growth Management: 1.4, 2.1, 2.2, 2.5, 2.6

Program V-4 Railroad Operators
Continue to coordinate with the S CRRA in providing a regional rail system (Metrolink) that links Orange to other employment and activity centers in Southern California. Coordinate with rail operators to address possible effects of increased railway volumes on grade crossings throughout the City , to reduce delays associated with freight trains , and to implement a Quiet Zone . Coordinate with operators to achieve appropriate mitigation to ensure continued safety for motorists and pedestrians.

Agency/Department: Public Works Department, City Manager’s Office Funding Source: General Fund
Time Frame: Ongoing
Related Policies:

Land Use: 2.6
Circulation & Mobility: 1.5, 2.4, 2.6, 2.7
Natural Resources: 2.2
Noise: 3.2
Growth Management: 1.7, 2.5

Program V-5 Orange County Transportation Authority
Work closely with the OCTA to achieve the following objectives:
▪ Maintain consistency with the County Master Plan of Arterial Highways, including the reclassification of roadways described in the Circulation & Mobility Element, such as La Veta Avenue.
595

IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-52 GPA 2010-0001 (8/10/10)
▪ Implement provisions of Renewed Measure M, also known as OC Go. ▪ Implement the OCTA Congestion Management Plan (CMP).
▪ Expand and improve the efficiency of bus service within the City. ▪ Encourage the expansion of alternative local transportation options such as a community circulator bus service between transit centers and major commercial, employment, and residential areas.
▪ Improve paratransit or other public transportation systems that enhance the mobility of Orange’s senior and youth populations, and the disabled. ▪ Encourage provision of attractive and appropriate transit amenities. ▪ Support and implement the OCTA Commuter Bikeways Strategic Plan and participate in future updates and revisions to the Plan.
▪ Reduce noise impacts of OCTA operations and facilities.

Agency/Department: Public Works Department, Community Development Department
Funding Source: General Fund, State Transit Assistance funds Time Frame: Ongoing
Related Policies:

Land Use: 2.4, 7.4
Circulation & Mobility: 1.1, 1.4, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 3.1, 3.2, 3.3, 4.1 Natural Resources: 2.2
Noise: 2.4
Growth Management: 1.1, 1.3, 1.6, 1.9, 2.1, 2.2, 2.5, 2.6

Program V-6 California Department of Transportation
and Transportation Corridor Agency
Work closely and coordinate with the California Department of Transportation (Caltrans) and the Transportation Corridor Agency (TCA) on all plans, activities, and projects that may affect state roadway facilities or transportation corridors passing through Orange . Additionally, work with these agencies to achieve the following objectives:
▪ Provide appropriate screening to control the visual impacts of transportation facilities. ▪ Provide landscaping within transportation facilities. ▪ Study the potential for a future interchange at State Route 55 and Meats Avenue. ▪ Determine the feasibility of conversion or joint use of surplus or otherwise underutilized lands under Caltrans or TCA control for open space.
▪ Plan for noise abatement along freeways and highways. ▪ Install, maintain, and update freeway and highway right-of-way buffers and soundwalls. ▪ Provide adequate visual buffers such as berms or landscaping between freeways and railways and adjacent land uses.
596

IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-53
Agency/Department: Public Works Department , Community Development Department
Funding Source: General Fund, gas tax funds
Time Frame: Ongoing
Related Policies:

Land Use: 6.10, 7.5
Circulation & Mobility: 2.3, 2.4, 2.5, 2.6
Natural Resources: 7.3
Noise: 2.4
Growth Management: 2.1

Program V-7 Local Water Districts
Coordinate with the Irvine Ranch Water District, Serrano Water District , Municipal Water District of Orange County , Metropolitan Water District of Southern California, Golden State Water Company, Serrano Water District, and East Orange County Water District to achieve the following water supply, distribution, and conservation objectives:
▪ Maintain groundwater recharge areas to protect water quality and ensure continued recharge of local groundwater basins.
▪ Reduce the amount of water used for landscaping and increase use of native and drought-tolerant plants.
▪ Encourage the production, distribution, and use of recycled and reclaimed water for landscaping projects.
▪ Maintain water quality objectives for urban runoff.

Agency/Department: City Council, City Manager, Public Works Department Funding Source: User fees, development fees, General Fund, grants Time Frame: Ongoing
Related Policies:

Land Use: 6.10, 7.3
Natural Resources: 2.3, 2.4
Infrastructure: 1.3, 1.4

Program V-8 Santa Ana Regional Water Quality Control
Board
Comply with all provisions of the NPDES permit, and support regional efforts by the Santa Ana Regional Water Quality Control Board to improve and protect surface water quality.

Agency/Department: Community Development Department, Public Works Department
Funding Source: User fees
Time Frame: Ongoing
597

IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-54 GPA 2010-0001 (8/10/10)
Related Policies:

Land Use: 3.4, 4.3, 6.5
Natural Resources: 2.4, 2.11, 2.12
Infrastructure: 1.4, 1.5

Program V-9 South Coast Air Quality Management
District
Work with the South Coast Air Quality Management District and the Southern California Association of Governments to implement the Air Quality Management Plan and meet all federal and state air quality standards for pollutants. Participate in any future amendments and updates to the Plan. Implement and interpret the General Plan in a manner consistent with the Air Quality Management Plan.

Agency/Department: Community Development Department
Funding Source: General Fund
Time Frame: Ongoing
Related Policies:

Land Use: 3.4, 4.3, 6.10, 7.4
Circulation & Mobility: 2.5, 2.6, 3.1, 4.1
Natural Resources: 2.1, 2.2, 2.8
Growth Management: 1.7, 1.8, 1.12, 2.2, 2.3, 2.4, 2.6

Program V-10 Orange County Flood Control District
Support efforts by the Orange County Flood Control District (OCFCD) to regularly maintain flood control channels and structures owned by the OCFCD , and to complete necessary repairs in a timely manner. Work with the OCFCD and U.S. Army Corps of Engineers to identify new flood control improvements, and establish installation programs for improvements as needed. Work with the OCFCD to identify opportunities to enhance the natural qualities of Santiago Creek to protect habitat and reintroduce native plants, animals, and fish.

Agency/Department: Public Works Department , Community Development Department, Community Services Department
Funding Source: Orange County Flood Control District
Time Frame: Ongoing
Related Policies:

Land Use: 6.7, 6.9, 7.3
Natural Resources: 4.2
Public Safety: 2.1
Infrastructure: 1.5

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IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-55
Program V-11 U.S. Fish and Wildlife Service and
California Department of Fish and Wildlife
Continue to coordinate with federal and state wildlife agencies in an effort to protect rare or endangered species of plants and animals. Require that all development activities adhere to federal and state legislation that protects all sensitive plants and animals. Coordinate with these agencies for City efforts to restore portions of Santiago Creek and the Santa Ana River, to develop bike trails and pathways adjacent to Santiago Creek, to recognize the archeological significance of Santiago Creek, and to integrate natural landscape components within the design of projects adjacent to waterways.

Agency/Department: Community Development Department , Community Services Department, Public Works Department
Funding Source: General Fund, development fees, grants, federal and state funds
Time Frame: Ongoing
Related Policies:

Land Use: 6.4, 6.7, 6.11, 7.3
Natural Resources: 4.1, 4.2, 4.3, 4.4, 4.5, 6.1
Cultural Resources &
Historic Preservation: 4.2

Program V-12 Central Orange County NCCP/HCP
Support compliance with the Central Orange County Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) . Participate in any future update to the Plan.

Coordinate with the Fire Department and related agencies to ensure consideration of NCCP habitat areas when planning fuel modification zones.

Recognize the overlap between the Natural Community Conservation Plan and the Very High Fire Hazard Safety Zone and implement the adopted Vegetation Management Guideline – Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program with environmental sensitivity to overlapping designations. Utilize Minimum Impact Suppression Techniques (MIST) for wildland urban interface wildfires to minimize unnecessary eradication of natural habitat.

Agency/Department: Community Development Department, Fire Department Funding Source: General Fund, development fees
Time Frame: Ongoing
Related Policies:

Land Use: 6.4, 6.11, 7.3
Natural Resources: 4.1, 4.2, 4.3, 4.4, 4.5
Public Safety: 3.1, 3.3
599

IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-56 GPA 2010-0001 (8/10/10)

Program V-13 Open Space Preservation Organizations and
Agencies
Continue to work with local and regional open space preservation organizations and with federal and s tate agencies to identify and conserve urban open space and protect lands accessible for public use. Pursue grants and other resources to plan for open space preservation and, as appropriate, purchase properties to be included in the open space system. Use conservation easements where feasible as part of the City’s open space acquisition program.

Agency/Department: City Manager’s Office, Community Development Department, Community Services Department
Funding Source: Grants
Time Frame: Ongoing
Related Policies:

Land Use: 6.4, 6.11
Natural Resources: 1.1, 1.2, 1.3, 5.7

Program V-14 Orange Chamber of Commerce
Continue to work with the Orange Chamber of Commerce in promoting the local economy.

The Chamber provides a variety of programs promoting economic development in Orange.

Agency/Department: Economic Development Department
Funding Source: General Fund
Time Frame: Ongoing
Related Policies:

Land Use: 3.2, 5.3, 8.2
Economic Development: 3.2, 3.3, 5.2

Program V-15 Federal and State Historic Preservation
Programs
The City will continue to support efforts by California’s OHP to administer federal and state- mandated historic preservation programs in California, including the following:
▪ California Historical Landmarks
▪ California Points of Historical Interest
▪ California Register of Historical Resources
▪ National Register of Historic Places
▪ Secretary of the Interior’s Standards
▪ CEQA
600

IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-57
The Mills Act is another preservation tool created by the California Legislature, enabling cities to enter into historical property agreements with owners of qualifying properties that result in reductions to the owners’ property taxes. The agreements provide a benefit that ensures preservation and guarantees authentic rehabilitations and a high level of maintenance of historic resources. The City will continue to offer the Mills Act program to private property owners, will expand the program to include newly designated historic resources, and publicize its availability . In compliance with state legislation, the City will inspect Mills Act properties prior to contract approval and once every five years thereafter.

Agency/Department: Community Development Department
Funding Source: General Fund, Mills Act fees, development fees Time Frame: Ongoing
Related Policies:

Land Use: 1.5, 6.11
Cultural Resources &
Historic Preservation: 1.2, 1.3, 1.4, 1.5, 2.2, 4.1, 4.2, 4.3, 4.4

Program V-16 Community History and Preservation
Organizations
Develop partnerships with local history and preservation organizations to prepare Historic Context Statement updates, undertake new surveys, and update surveys. Partner with local history and preservation organizations to develop a citywide interpretive program, including signs, plaques, exhibits, and other similar elements, to increase awareness of the City’s history and its historic resources
Agency/Department: Community Development Department, Library Services Department
Funding Source: General Fund, grants
Time Frame: Ongoing
Related Policies:

Cultural Resources &
Historic Preservation: 1.1, 1.2, 1.3, 2.2, 3.1, 3.4, 5.5

Program V-17 Orange County Airport Land Use Commission
Continue to work with the Orange County Airport Land Use Commission to increase safety and reduce noise associated with aircraft overflights and helicopter operations within the City by achieving the following objectives:
▪ Work with the Federal Aviation Administration and local airports (John Wayne Airport, Long Beach Airport, Los Alamitos Army Air Base) to determine appropriate aircraft altitude standards for aircraft flying over the City, taking into account public health and safety.
601

IMPLEMENTATION

ORANGE GENERAL PLAN
IMP-58 GPA 2010-0001 (8/10/10)
▪ Continue to regulate the siting and operation of heliports/helistops through the Conditional Use Permit process in conjunction with the Orange County Airport Land Use Commission and Caltrans Division of Aeronautics.
▪ Work with the heliport/helistop operators (police, fire, hospital, and private) to implement flight profiles, tracks, and operating parameters for noise control.

Agency/Department: Community Development Department
Funding Source: General Fund
Time Frame: Ongoing
Related Policies:

Noise: 4.1, 4.2, 4.3
602
603
604
605
Agenda Item
Planning Commission
Item #: 3.3. 11/4/2024 File #: 24-0652
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Arlen Beck, Associate Planner

1. SUBJECT
A Public Hearing to consider an amendment to the Orange General Plan Safety Element and minor text and graphic updates for document accuracy (General Plan Amendment 2024-0002).

2. SUMMARY
General Plan Amendment No. 2024-0002 involves an amendment to the Orange General Plan Safety Element to address changes in state law, and accuracy revisions to the remaining elements the existing General Plan. The proposed revisions involve text and graphic updates and limited non- substantive changes to City policies identified in the General Plan.

3. RECOMMENDED ACTION

1. Adopt Planning Commission Resolution No. 32-24 recommending the City Council approve General Plan Amendment No. 2024-0002 amending the City of Orange General Plan Safety Element to comply with state law and other text, graphics, and non-substantive changes to city policies for document accuracy.

2. Find the proposal exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15061(b)(3), and that the effects of the General Plan were examined in the General Plan Program EIR certified on March 9, 2010.

4. AUTHORIZING GUIDELINES
Orange Municipal Code Section 17.08.020 and 17.10.010, authorizes the Planning Commission to review and make advisory recommendations to the City Council on General Plan Amendments.

5. PROJECT BACKGROUND
Safety Elements are governed by California Government Code Section 65302(g). This set of regulations establishes the required content of a Safety Element, and identifies the triggers for future updates. Recent amendments to the Government Code require the city to update the Element.

Additionally, since adoption of the General Plan a variety of city capital improvement projects and plan updates anticipated in the General Plan have been completed. In addition, there have been changes in some of the outside agencies involved with the provision of city services, as well as the policy documents administered by regional and state agencies.

Safety Element Update:

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While the existing Safety Element has maintained its relevance since its adoption in 2010 and accuracy cleanup in 2015, the dynamic wildfire environment in California along with the state’spolicy focus on climate change and resiliency have prompted changes to the Government Code that must be reflected in the Safety Element. The subject update to the Safety Element will bring the General Plan into compliance with the following legislation:
· SB 1241 (2014): Requires the Safety Element to address wildfire hazard issues due to the presence of Very High Fire Hazard Severity Zones (VHFHSZ) and requires review by Cal Fire and the Board of Forestry and Fire Protection prior to City Council adoption (Attachments 4 and 5).
· SB 379 (2017): Requires the City to address climate adaptation and resiliency through the preparation of a vulnerability assessment or reliance on a Local Hazard Mitigation Plan that addresses climate adaptation risks and vulnerabilities. · SB 1035 (2018): Aligns the update of the Safety Element with the next Housing Element update, which shall be updated at least every eight years to address new requirements and incorporate updated information during this time.
· SB 99 (2020): Requires the Safety Element to identify residential developments in any hazard area that do not have at least two emergency evacuation routes.

Furthermore, ensuring that Safety Element content is in alignment with state law is beneficial should a wildfire incident occur that may involve a request for state resources to support response and recovery.

General Plan Language Clean Up:

The City of Orange Comprehensive General Plan Update was adopted in March 2010. The General Plan includes text and graphic referencing facilities, programs, City policy documents, and public agencies. In 2015 the City Council adopted General Plan Amendment No. 2014-0001, updating text and graphics throughout the General Plan from when it was first adopted in 2010 to maintain accuracy and relevance of the content.

Since the update in 2015, a variety of changes have occurred that have caused certain content of the General Plan to become inaccurate or obsolete. In some instances, policies and procedures of outside agencies that provide service to, or have jurisdiction over, the City of Orange have also changed resulting in the need to refresh General Plan content specific to those agencies. Programs of the General Plan Implementation Plan have also been completed warranting maintenance of the Implementation Plan.

6. PROJECT DESCRIPTION
Safety Element Update:

In accordance with the California Government Code the Safety Element has been amended to respond to legislative requirements related to wildland fires and fire hazard severity zones, and inter- agency coordination among agencies responsible for fire protection. These amendments include revised goals, policies, and objectives that protect the community from the unreasonable risk of wildfire. To carry them out, feasible implementation measures are included in the General Plan City of Orange Printed on 10/31/2024Page 2 of 5
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Implementation Plan, which include but are not limited to:
· Avoiding or minimizing the wildfire hazards associated with new uses of land. · Locating, when feasible, new essential public facilities outside of high fire risk areas, or identifying construction methods or other methods to minimize damage if these facilities are located in fire hazard severity zone.
· Designing adequate infrastructure for new development located in fire hazard severity zones. · Working cooperatively with public agencies with responsibility for fire protection.

General Plan Language Clean Up:

Since the last accuracy clean up to the General Plan in 2015, a variety of city capital improvement projects and plan updates anticipated in the General Plan have been completed. In addition, the city has established new historic districts, and there have been changes in some of the outside agencies involved with the provision of City services, as well as the policy documents administered by regional and state agencies. The proposed General Plan revisions involve text and graphic updates, and limited changes to city policies accordingly.

The General Plan language clean up involves changes to various General Plan Elements as follows:
· Land Use Element
· Circulation and Mobility Element
· Growth Management Element
· Natural Resources Element
· Cultural Resources & Historic Preservation Element
· Infrastructure Element
· Urban Design Element
· Economic Development Element
· General Plan Implementation Plan

7. DISCUSSION
State of California Board of Forestry and Fire Protection (Cal Fire) The City of Orange’supdated Safety Element was reviewed by the Cal Fire Board of Forestry and Fire Protection in July, 2024 and was found to be in compliance with the requirements of the Government Code.

General Plan Clean Up
It is imperative that General Plan content be reviewed on a regular basis and amended as needed to maintain the relevance and utility of the Plan. Effort devoted to regular document maintenance affords the city the ability over time to perform more substantive element amendments in a targeted and strategic manner at a lower cost and shorter timeframe than a comprehensive update to a City of Orange Printed on 10/31/2024Page 3 of 5
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and strategic manner at a lower cost and shorter timeframe than a comprehensive update to a General Plan with an accumulation of deferred maintenance.

8. PUBLIC NOTICE
On October 24, 2024 a notice was published in the Anaheim Bulletin newspaper for a public hearing before the Planning Commission on November 4, 2024.

9. ENVIRONMENTAL REVIEW
The proposed General Plan Safety Element update and General Plan language clean-up are not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Pursuant to this section, the proposed updates fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed updates would amend the Safety Element to reflect state law, and the language clean up throughout the entire General Plan including text and graphic updates and limited non-substantive changes to City policies for document accuracy, will not have a significant effect on the environment; and, therefore, the activity is not subject to CEQA.

Final Program Environmental Impact Report (EIR) No. 1815-09 (SCH#2006031117) for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed text and graphic revisions are not substantive and merely reflect actions related to General Plan implementation, accurate references to outside agencies and related policy documents, current City and inter-agency practices, and dissolution of the Redevelopment Agency. As such, the proposed GPA makes corrections to the General Plan, making the General Plan content consistent with the technical analysis provided in the EIR.

As such, pursuant to CEQA Guidelines Section 15168(c), the City finds that the effects of the project were examined in the General Plan Program EIR and the associated Findings and Statement of Overriding Considerations. The City also finds that pursuant to CEQA Guidelines Section 15162, the text and graphic amendments will not cause new effects or require new mitigation measures, which were not already identified in the General Plan Program EIR. As such, the City finds that the proposed activity is within the scope of the project covered by the previously certified Program EIR and nothing further is necessary or required to comply with CEQA.

10. ADVISORY BOARD ACTION
Planning staff worked closely with representatives from the Community Services, Economic Development, Library, Fire, Police, and Public Works Departments on the review of the General Plan content and identification of text and graphics warranting revisions. Formal review by the Staff Review Committee or other decision-making bodies is not required

11. ATTACHMENTS
· Attachment 1 - Planning Commission Resolution No. PC 32-24 (including amended General Plan and Implementation Plan Text and Graphics - clean) · Attachment 2 - Amended General Plan and Implementation Plan Text and Graphics (redline version)
· Attachment 3 - State of California Department of Fire Board of Forestry and Fire Prevention Assessment
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· Attachment 4 - Fire Severity Zones Map
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City of Orange
Planning Commission
November 04, 2024

MINUTES - DRAFT
The Planning Commission of the City of Orange, California convened on November 4, 2024, at 5:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.

1. OPENING/CALL TO ORDER
Chair Vazquez called the meeting to order at 5:30 p.m.

1.1 PLEDGE OF ALLEGIANCE
Commissioner Ruby Maldonado led the flag salute.

1.2 ROLL CALL

Present: Martinez, Vejar, Maldonado, Tucker, McCormack, Leslie, and Vazquez

Absent: None

2. PUBLIC COMMENTS
None.

3. PUBLIC HEARINGS

3.1. A Public Hearing to consider a request by Orange Wine Inc. for a Type 21 ABC License (Off-Sale General) at an existing convenience store located at 1095 N.

Glassell Street and finding of CEQA Exemption (Conditional Use Permit No . 3217).

Chair Vazquez opened the public hearing at 5:36 p.m.

Public Speakers:

The following spoke on behalf of the project:

Michael Ayaz
Chair Vazquez closed the public hearing at 5:43 p.m.

A motion was made by Commissioner Martinez, seconded by Commissioner Leslie to:

1. Adopt Planning Commission Resolution No. PC 10-24 approving Conditional Use Permit No. 3217, allowing a full range of alcoholic beverage sales for off -site consumption in conjunction with a new State of California Department of Alcoholic Beverage Control (ABC) Type 21 license (Off-Sale General) at an existing convenience

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store located at 1095 N. Glassell Street.

2. Find the proposal exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301
The motion carried by the following vote:

Martinez, Maldonado, Tucker, McCormack, and LeslieAyes:

VazquezNoes:

VejarAbsent:

3.2. A Public Hearing to request to serve beer and wine for on -site consumption in association with an existing restaurant, La Casa De Marcos, located at 146 S.

Main Street, Suite T and finding of CEQA exemption (Conditional Use Permit 3223)
Chair Vazquez opened the public hearing at 5:51 p.m.

Public Speakers:

The following spoke on behalf of the project:

Sonia Guzman
Chair Vazquez closed the public hearing at 5:52 p.m.

A motion was made by Commissioner Vejar, seconded by Commissioner Tucker to:

1. Adopt Planning Commission Resolution No. PC 30-24 approving Conditional Use Permit 3223, allowing the sale of beer and wine for onsite consumption in conjunction with a State of California Department of Alcoholic Beverage Control Type 41 license (On-Sale Beer and Wine - Eating Place) within an existing restaurant located at 146 S.

Main Street, Suite T.

2. Find the request categorically exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15301 of the State CEQA Guidelines.

The motion carried by the following vote:

Martinez, Vejar, Maldonado, Tucker, McCormack, Leslie, and VazquezAyes:

NoneNoes:

NoneAbsent:

3.3. A Public Hearing to consider an amendment to the Orange General Plan Safety Element and minor text and graphic updates for document accuracy (General Plan Amendment 2024-0002).

Chair Vazquez opened the public hearing at 6:02 p.m.

Public Speakers:

The following spoke on behalf of the project:

Adrienne Gladson
Chair Vazquez closed the public hearing at 6:05 p.m.

A motion was made by Commissioner Tucker, seconded by Chair Vazquez to:

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The motion carried by the following vote:

Martinez, Vejar, Maldonado, Tucker, McCormack, Leslie, and VazquezAyes:

NoneNoes:

NoneAbsent:

4. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:16 p.m.

The next Regular Planning Commission Meeting will be held on Monday, November 18, 2024 at 5:30 p.m., in the Council Chamber, 300 E Chapman Avenue, Orange, California 92866
______________________________________
Anna Pehoushek, FAICP
Assistant Community Development Director

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General Plan Safety Element Assessment
Board of Forestry and Fire Protection

City of Orange 2024

RPC 2 (b)(iii)
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Contents
Purpose and Background ...............................................................................................................................................1 Methodology for Review and Recommendations .........................................................................................................2 General Plan Safety Element Assessment .....................................................................................................................3 Background Information Summary ........................................................................................................................3 Goals, Policies, Objectives, and Feasible Implementation Measures ....................................................................5 Section 1 Avoiding or minimizing the wildfire hazards associated with new uses of land ................................5 Section 2 Develop adequate infrastructure if a new development is located in SRAs or VHFHSZs. ............... 13 Section 3 Working cooperatively with public agencies responsible for fire protection. ................................ 18 Sample Safety Element Recommendations ................................................................................................................ 20 A. Maps, Plans and Historical Information .......................................................................................................... 20 B. Land Use .......................................................................................................................................................... 20 C. Fuel Modification............................................................................................................................................. 20 D. Access .............................................................................................................................................................. 21 E. Fire Protection ................................................................................................................................................. 21 Fire Hazard Planning in Other Elements of the General Plan ..................................................................................... 22 Land Use Element ................................................................................................................................................ 22 Housing Element ................................................................................................................................................. 22 Open Space and Conservation Elements............................................................................................................. 22 Circulation Element ............................................................................................................................................. 22

RPC 2 (b)(iii)
615
1 * https://www.opr.ca.gov/docs/Final_6.26.15.pdf

Purpose and Background
Upon the next revision of the housing element on or after January 1, 2014, the safety element is required to be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas and land classified as very high fire hazard severity zones. ( Gov. Code, § 65302, subd. (g)(3).)
The safety element is required to include:
• Fire hazard severity zone maps available from the Department of Forestry and Fire Protection. • Any historical data on wildfires available from local agencies or a reference to where the data can be found.
• Information about wildfire hazard areas that may be available from the United States Geological Survey.
• The general location and distribution of existing and planned uses of land in very high fire hazard severity zones (VHFHSZs) and in state responsibility areas (SRAs), including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations. • The local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services. (Gov. Code, § 65302, subd. (g)(3)(A).) Based on that information, the safety element shall include goals, policies, and objectives that protect the community from the unreasonable risk of wildfire. ( Gov. Code, § 65302, subd. (g)(3)(B) .) To carry out those goals, policies, and objectives, feasible implementation measures shall be included in the safety element, which include but are not limited to:
• Avoiding or minimizing the wildfire hazards associated with new uses of land. • Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in the SRA or VHFHSZ. • Designing adequate infrastructure if a new development is located in the SRA or VHFHSZ , including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
• Working cooperatively with public agencies with responsibility for fire protection. (Gov. Code, § 65302, subd. (g)(3)(C).)
The safety element shall also attach or reference any fire safety plans or other documents adopted by the city or county that fulfill the goals and objectives or contains the information required above. ( Gov.

Code, § 65302, subd. (g)(3)(D) .) This might include Local Hazard Mitigation Plans, Unit Fire Plans, Community Wildfire Protection Plans, or other plans.

There are several reference documents developed by state agencies to assist local jurisdictions in updating their safety elements to include wildfire safety. The Fire Hazard Planning, General Plan Technical Advice Series from the Governor’s Office of Planning and Research (OPR), referenced in Government Code section 65302, subdivision (g)(3) and available at 1400 Tenth Street
Sacramento, CA 95814
Phone: (916) 322-2318
The Technical Advice Series is also available from the OPR website (Technical Advice Series link).* The Technical Advice
Series provides policy guidance, information resources, and fire hazard planning examples from around California that shall be considered by local jurisdictions when reviewing the safety element of its general plan.

The Board of Forestry and Fire Protection (Board) utilizes this Safety Element Assessment in the Board’s review of safety elements under Government Code section 65302.5. At least 90 days prior to the adoption or amendment of their safety element, counties that contain SRAs and cities or counties that contain VHFHSZs shall submit their safety element to the Board. (Gov. Code, § 65302.5, subd. (b).) The Board shall review the safety element and respond to the city or county with its findings regarding the uses of land and policies in SRAs or VHFHSZs that will protect life, property, and natural resources from RPC 2 (b)(iii)
616
2 unreasonable risks associated with wildfires, and the methods and strategies for wildfire risk reduction and prevention within SRAs or VHFHSZs. (Gov. Code, § 65302.5, subd. (b)(3).) The CAL FIRE Land Use Planning team provides expert fire protection assistance to loc al jurisdictions statewide. Fire captains are available to work with cities and counties to revise their safety elements and enhance their strategic fire protection planning.

Methodology for Review and Recommendations
Utilizing staff from the CAL FIRE Land Use Planning team, the Board has established a standardized method to review the safety element of general plans. The methodology includes 1) reviewing the safety element for the requirements in Government Code section 65302, subdivision (g)(3)(A),
2) examining the safety element for goals, policies, objectives, and implementation measures that mitigate the wildfire risk in the planning area (Gov. Code, § 65302, subd. (g)(3)(B) & (C)), and 3) making recommendations for methods and strategies that would reduce the risk of wildfires (Gov.

Code, § 65302.5, subd. (b)(3)(B)).

The safety element will be evaluated against the attached Assessment , which contains questions to determine if a safety element meets the fire safety planning requirements outlined in Government Code, section 65302 . The reviewer will answer whether or not a submitted safety element addresses the required information, and will recommend changes to the safety element that will reduce the wildfire risk in the planning area. These recommended changes may come from the list of sample goals, policies, objectives, and implementation measures that is included in this document after the Assessment, or may be based on the reviewer’s knowledge of the jurisdiction in question and their specific wildfire risk. By answering the questions in the Assessment, the reviewer will determine if the jurisdiction’s safety element has adequately addressed and mitigated their wildfire risk. If it hasn’t, any specific recommendations from the reviewer will assist the jurisdiction in revising the safety element so that it does.

Once completed, the Assessment should provide clear guidance to a city or county regarding any areas of deficiency in the safety element as well as specific goals, policies, objectives, and implementation measures the Board recommends adopting in order to mitigate or reduce the wildfire threat in the planning area.

RPC 2 (b)(iii)
617
3 General Plan Safety Element Assessment
Jurisdiction: City of Orange Notes: Formal Review CAL FIRE Unit: Riverside Date Received: 07/09/2024 County: Orange LUPP Reviewer: J Kennedy UNIT CONTACT: Date Reviewed: 07/09/2024

BACKGROUND INFORMATION SUMMARY
The safety element must contain specific background information about fire hazards in each jurisdiction.

Instructions for this table: Indicate whether the safety element includes the specified information. If YES, indicate in the comments where that information can be found; if NO, provide recommendations to the jurisdiction regarding how best to include that information in their revised safety element.

Required Information Yes or No Comments and Recommendations Are Fire Hazard Severity Zones Identified?
CAL FIRE or Locally Adopted Maps
YES SE pg. PS-20 Figure PS-4 Very High Fire
Severity Zones Map
City of Orange LHMP Pg. 51 Figure 3.7: City
of Orange Wildland Urban Interface Fire
Severity Zones
Is historical data on wildfires or a reference to where the data can be found, and information about wildfire hazard areas that may be available from the United States
Geological Survey, included?
YES City of Orange LHMP-Past Occurrences-Pg.
51 Has the general location and distribution of existing and planned uses of land in very high fire hazard severity
zones (VHFHSZs) and in state responsibility areas
(SRAs), including structures, roads, utilities, and
essential public facilities, been identified?
YES-

SE pg.PS-20 Figure PS-4 Very High Fire
Severity Zones Map
SE pg. PS-24 Figure PS-6a Residential
Development in a Fire Hazard Zone with a
single emergency evacuation route and
development planned in VHFSZ.

SE pg. PS-25 Map Figure PS-6b Detail of
Residential Development in a Fire Hazard
Zone with a single emergency evacuation
route and development planned in the VHFSZ
map.

Have local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services, been identified?
YES SE pg. PS -36. Standardized Emergency
Management and Mutual Aid Assistance. The
City participates in the SOLAR Plan, an
agreement between the San Bernardino,
Orange, Los Angeles, and Riverside County fire
agencies to provide for common radio
communications and coordinated response.

RPC 2 (b)(iii)
618
4 Required Information Yes or No Comments and Recommendations Are other fire protection plans, such as Community
Wildfire Protection Plans, Local Hazard Mitigation Plans, CAL FIRE Unit or Contract County Fire Plans, referenced or incorporated into the Safety Element?
YES SE pg.PS-3 Inclusion of the City of Orange
Local Hazard Mitigation Plan
SE pg. PS-22. The City participates in the
county-wide Community Wildfire Protection
Plan for Orange County. This plan addresses
pre-suppression, suppression, and post-
suppression tactics in the Natural
Communities Conservation Plan/Habitat
Conservation Plan areas within the City as
identified on Figure PS-4. The suppression
tactics identify desired actions and locations.

The City is also a participant in mutual aid via
the SOLAR plan, the mutual aid agreement
between the counties of San Bernardino,
Orange, Los Angeles, and Riverside County
fire agencies to provide for common radio
communications and a central ordering point
(dispatch center) for resources during
emergencies.”

Are residential developments in hazard areas that do not have at least two emergency evacuation routes
identified?
YES SE pg. PS-24. Figure PS-6a Residential
Development in a Fire Hazard Zone with a
single emergency evacuation route and
development planned in VHFSZ Map pg.

Figure PS-6b Detail of Residential
SE pg. PS-25. Figure PS-6b Development in
a Fire Hazard Zone with a single emergency
evacuation route and development planned in
the VHFSZ map
Have evacuation routes and their capacity, safety, and
viability under a range of emergency scenarios been
identified?
YES SE pg. PS-38. Figure PS-7. Generalized
Evacuation Corridors
SE pg. PS-39 Figure PS-8. Fire Evacuation
Area Map
City of Orange LHMP Pg. 28 Figure 2.4
Major Evacuation Corridors

Is there any other information in the Safety Element regarding fire hazards in SRAs or VHFHSZs? N/A
RPC 2 (b)(iii)
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5 GOALS, P OLICIES, OBJECTIVES, AND FEASIBLE IMPLEMENTATION MEASURES The safety element must contain a set of goals, policies, and objectives based on the above information to protect the community from unreasonable risk of wildfire and implementation measures to accomplish those stated goals, policies, and objectives.

Instructions for this table: Critically examine the submitted safety element and determine if it is adequate to address the jurisdiction’s unique fire hazard. Answer YES or NO appropriately for each question below. If the recommendation is irrelevant or unrelated to the jurisdiction’s fire hazard, answer N/A. For NO, provide information in the Comments/Recommendations section to help the jurisdiction incorporate that change into their safety element revision. This information may utilize example recommendations from Sample Safety Element Recommendations and Fire Hazard Planning in Other Elements of the General Plan below, may indicate how high of a priority this recommendation is for a jurisdiction, or may include other jurisdiction-specific information or recommendations.

Section 1 Avoiding or minimizing the wildfire hazards associated with new uses of land Questions Yes or No Comments and Recommendations
Does local ordinance require development standards that meet or exceed title 14, CCR, division 1.5, chapter 7,
subchapter 2, articles 1-5 (commencing with section
1270) (SRA Fire Safe Regulations) and title 14, CCR,
division 1.5, chapter 7, subchapter 3, article 3
(commencing with section 1299.01) (Fire Hazard
Reduction Around Buildings and Structures
Regulations) for SRAs and/or VHFHSZs?
YES

SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

The fire protection plans shall also address
long term maintenance of fire hazard reduction
projects and activities such as community fire
breaks and private and public road vegetation
clearances; delineate safe ingress and egress
access area and routes; describe evacuation
and emergency vehicle access routes; ensure
that home and street addressing shall be
visible to emergency vehicles; and provide
appropriate signage that shows access areas
and routes for evacuation and emergency
vehicles. The City shall maintain vegetation
clearances along public roads. Private roads
shall be maintained by the appropriate private
homeowner’s association or easement holder
with abatement inspections conducted at least
annually by Fire Department staff.

SE pg. PS-7 Policy 3-20. All new
development and redevelopment in the
VHFHSZ shall comply with the requirements
found in Title 13 of the California Code of
RPC 2 (b)(iii)
620
6 Questions Yes or No Comments and Recommendations
Regulations, Division 1.5, Chp. 7, Subchapter
2 Articles 1-5 and Subchapter 3 Article 3.

Are there goals and policies to avoid or minimize new
residential development in VHFHSZs?
YES SE pg. PS-7 Policy 3.13. Avoid expanding
new development, critical facilities, and
infrastructure in areas subject to extreme
threat or high risk, such as High or Very High
FHSZs or areas classified by CAL FIRE as
having an Extreme Threat classification on
Fire Threat maps, unless all feasible risk
reduction measures have been incorporated
into project designs or conditions of approval.

Ensure subdivisions and developments exist in
concert with the natural ecosystem. Pg. PS-6
Has fire safe design been incorporated into future
development requirements?
YES SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

SE pg. PS-7 Policy 3-20. All new
development and redevelopment in the
VHFHSZ shall comply with the requirements
found in Title 13 of the California Code of
RPC 2 (b)(iii)
621
7 Questions Yes or No Comments and Recommendations
Regulations, Division 1.5, Chp. 7, Subchapter
2 Articles 1-5 and Subchapter 3 Article 3.

Are new essential public facilities located outside high fire risk areas, such as VHFHSZs, when feasible?
YES SE pg. PS-7 Pg. PS-6 Policy 3.13. Avoid
expanding new development, critical facilities,
and infrastructure in areas subject to extreme
threat or high risk, such as High or Very High
FHSZs or areas classified by CAL FIRE as
having an Extreme Threat classification on
Fire Threat maps, unless all feasible risk
reduction measures have been incorporated
into project designs or conditions of approval.

Ensure subdivisions and developments exist in
concert with the natural ecosystem. Pg. PS-6
Policy 3.14 Prohibit land uses that could place
occupants at unreasonable risk in high or very
high fire hazard severity areas, such as areas
with large events or assembly of people,
health care facilities, or similar uses.

Are there plans or actions identified to mitigate existing non-conforming development to contemporary fire safe
standards, in terms of road standards and vegetative
hazard?

YES SE pg. PS-6. Policy 3.9 Obtain compliance
with State Regulations, Building and Fire
Codes, and City Guidelines for non-conforming
properties particularly to increase resilience of
existing development in high-risk areas built
prior to modern fire safety codes or wildfire
hazard mitigation guidance. Ensure all infill
development projects within the SRA or
VHFHSZ comply with all applicable State and
City fire safety and defensible space
regulations or standards which include using
best practices for fire-resistant or fireproof
construction methods, materials and
landscaping to reduce susceptibility to wildfire.

Does the plan include policies to evaluate re-
development after a large fire?
YES SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

The fire protection plans shall also address
long term maintenance of fire hazard reduction
projects and activities such as community fire
RPC 2 (b)(iii)
622
8 Questions Yes or No Comments and Recommendations
breaks and private and public road vegetation
clearances; delineate safe ingress and egress
access area and routes; describe evacuation
and emergency vehicle access routes; ensure
that home and street addressing shall be
visible to emergency vehicles; and provide
appropriate signage that shows access areas
and routes for evacuation and emergency
vehicles. The City shall maintain vegetation
clearances along public roads. Private roads
shall be maintained by the appropriate private
homeowner’s association or easement holder
with abatement inspections conducted at least
annually by Fire Department staff.

SE pg. PS-7 Policy 3-20. All new
development and redevelopment in the
VHFHSZ shall comply with the requirements
found in Title 13 of the California Code of
Regulations, Division 1.5, Chp. 7, Subchapter
2 Articles 1-5 and Subchapter 3 Article 3.

Is fuel modification around homes and subdivisions
required for new development in SRAs or VHFHSZs?

YES

SE pg. PS-5 Policy 3.3 Require defensible
space maintenance agreements for new
development projects and require extension of
defensible space maintenance agreements to
subsequent landowners. Landowners shall
maintain minimum defensible space from all
structures or improvements on their property
and work with neighbors and the City to
address defensible space within distances
deemed necessary by Fire Prevention staff
from structures existing on adjacent property.

Planting and maintenance of fire-resistant
slope cover shall improve defensible space
and reduce the risk of brush fires within the
wildland-urban interface areas located in the
northern and eastern portions of the City and
in areas adjacent to canyons, and the City
shall refine and development shall implement
structural hardening measures through
stringent site design and maintenance
standards for all areas with high wild land fire
RPC 2 (b)(iii)
623
9 Questions Yes or No Comments and Recommendations
potential. To the extent possible native, non-
invasive plant materials shall be used to
reduce the potential for conflicts between
safety and environmental goals. Fuel
modification plans shall be prepared for new
development projects to describe and address
allowable plant materials and hardscape
measures and design; defensible space
distances and maintenance; and how fuel and
vegetation around homes and roadways will
be maintained and cleared.

City of Orange LHMP Pg. 50 3.4.2
“Wildland/Urban Fire Risks associated with fire
hazards are generally reduced through
compliance with municipal codes.

Development located within or adjacent to the
wildland fire area must prepare and implement
a comprehensive fuel modification program in
accordance with City regulations. The City will
review new developments and fire services to
ensure adequate emergency services and
facilities to residents and businesses.

Coordinating with adjacent local cities, and
participating in regional, state, and federal
programs will better prepare the City for
wildfire emergencies and will reduce fire-
related risks.”
Are fire protection plans required for new development in VHFHSZs?

YES SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

The fire protection plans shall also address
long term maintenance of fire hazard reduction
projects and activities such as community fire
breaks and private and public road vegetation
clearances; delineate safe ingress and egress
access area and routes; describe evacuation
and emergency vehicle access routes; ensure
that home and street addressing shall be
RPC 2 (b)(iii)
624
10 Questions Yes or No Comments and Recommendations
visible to emergency vehicles; and provide
appropriate signage that shows access areas
and routes for evacuation and emergency
vehicles. The City shall maintain vegetation
clearances along public roads. Private roads
shall be maintained by the appropriate private
homeowner’s association or easement holder
with abatement inspections conducted at least
annually by Fire Department staff.

Does the plan address long term maintenance of fire
hazard reduction projects, including community fire
breaks and private road and public road clearance?
YES SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

Is there adequate access (ingress, egress) to new
development in VHFHSZs?
YES SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

RPC 2 (b)(iii)
625
11 Questions Yes or No Comments and Recommendations
The fire protection plans shall also address
long term maintenance of fire hazard reduction
projects and activities such as community fire
breaks and private and public road vegetation
clearances; delineate safe ingress and egress
access area and routes; describe evacuation
and emergency vehicle access routes; ensure
that home and street addressing shall be
visible to emergency vehicles; and provide
appropriate signage that shows access areas
and routes for evacuation and emergency
vehicles. The City shall maintain vegetation
clearances along public roads. Private roads
shall be maintained by the appropriate private
homeowner’s association or easement holder
with abatement inspections conducted at least
annually by Fire Department staff.

Are minimum standards for evacuation of residential
areas in VHFHSZs defined?
YES SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

The fire protection plans shall also address
long term maintenance of fire hazard reduction
projects and activities such as community fire
breaks and private and public road vegetation
clearances; delineate safe ingress and egress
access area and routes; describe evacuation
and emergency vehicle access routes; ensure
that home and street addressing shall be
visible to emergency vehicles; and provide
appropriate signage that shows access areas
and routes for evacuation and emergency
vehicles. The City shall maintain vegetation
RPC 2 (b)(iii)
626
12 Questions Yes or No Comments and Recommendations
clearances along public roads. Private roads
shall be maintained by the appropriate private
homeowner’s association or easement holder
with abatement inspections conducted at least
annually by Fire Department staff.

If areas exist with inadequate access/evacuation routes, are they identified? Are mitigation measures or
improvement plans identified?

SE pg. PS-24 Figure PS-6a Residential
Development in a Fire Hazard Zone with a
single emergency evacuation route and
development planned in VHFSZ.

SE pg. PS-25 Map Figure PS-6b Detail of
Residential Development in a Fire Hazard
RPC 2 (b)(iii)
627
13 Questions Yes or No Comments and Recommendations
Zone with a single emergency evacuation
route and development planned in the VHFSZ
map.

Are there policies or programs promoting public outreach about defensible space or evacuation routes? Are there
specific plans to reach at-risk populations?

YES SE pg. PS-5 Policy 3.4. Educate the public
regarding fire safety through public outreach,
and support for localized efforts to become a
Firewise Community. Public outreach efforts
shall also include discussions relating to
benefits and purpose of defensible space and
maintenance, and evacuation and emergency
vehicle access routes and programs.

Does the plan identify future water supply for fire
suppression needs?

YES SE pg. PS-8 Policy 3-22 Continue to monitor
and forecast future water supply and fire flow
availability and assess and ensure future fire
suppression needs are satisfied.

SE pg. PS-8 Policy 3-23 Should new water
supplies be required, the new water facilities
and improvements shall be engineered and
located in areas that best serve the
community. These new water facilities and
improvements shall be monitored annually and
maintained by the appropriate agency or
jurisdiction.

Does new development have adequate fire protection?
YES SE pg. PS-9 Policy 6.8 Establish and
maintain optimal emergency response times
for fire safety. Require new development to
ensure that City response times and service
standards are maintained.

Section 2 Develop adequate infrastructure if a new development is located in SRAs or VHFHSZs.

Does the plan identify adequate infrastructure for new
development related to:

Yes or No Comments and Recommendations
Water supply and fire flow?
YES SE pg. PS-8 Policy 3-22 Continue to monitor
and forecast future water supply and fire flow
availability and assess and ensure future fire
suppression needs are satisfied.

RPC 2 (b)(iii)
628
14 Does the plan identify adequate infrastructure for new development related to:

Yes or No Comments and Recommendations
SE pg. PS-8 Policy 3-23 Should new water
supplies be required, the new water facilities
and improvements shall be engineered and
located in areas that best serve the
community. These new water facilities and
improvements shall be monitored annually and
maintained by the appropriate agency or
jurisdiction.

Location of anticipated water supply?
YES SE pg. PS-8 Policy 3-22 Continue to monitor
and forecast future water supply and fire flow
availability and assess and ensure future fire
suppression needs are satisfied.

Maintenance and long-term integrity of water supplies?
YES SE pg. PS-8 Policy 3-22 Continue to monitor
and forecast future water supply and fire flow
availability and assess and ensure future fire
suppression needs are satisfied.

Evacuation and emergency vehicle access?
YES SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

The fire protection plans shall also address
long term maintenance of fire hazard reduction
RPC 2 (b)(iii)
629
15 Does the plan identify adequate infrastructure for new development related to:

Yes or No Comments and Recommendations
projects and activities such as community fire
breaks and private and public road vegetation
clearances; delineate safe ingress and egress
access area and routes; describe evacuation
and emergency vehicle access routes; ensure
that home and street addressing shall be
visible to emergency vehicles; and provide
appropriate signage that shows access areas
and routes for evacuation and emergency
vehicles. The City shall maintain vegetation
clearances along public roads. Private roads
shall be maintained by the appropriate private
homeowner’s association or easement holder
with abatement inspections conducted at least
annually by Fire Department staff.

Fuel modification and defensible space?
YES SE pg. PS-5 Policy 3.3 Require defensible
space maintenance agreements for new
development projects and require extension of
defensible space maintenance agreements to
subsequent landowners. Landowners shall
maintain minimum defensible space from all
structures or improvements on their property
and work with neighbors and the City to
address defensible space within distances
deemed necessary by Fire Prevention staff
from structures existing on adjacent property.

Yes or No Comments and Recommendations
safety and environmental goals. Fuel
modification plans shall be prepared for new
development projects to describe and address
allowable plant materials and hardscape
measures and design; defensible space
distances and maintenance; and how fuel and
vegetation around homes and roadways will
be maintained and cleared.

Vegetation clearance maintenance on public and private
roads?

Visible home and street addressing and signage?
YES SE pg. PS-7 Policy 3-19. All new
development and redevelopment in the
VHFHSZ shall prepare fire protection plans
that confirm compliance with the most current
version of the California Building Codes and
California Fire Codes as adopted by the City.

The fire protection plans shall also address
RPC 2 (b)(iii)
631
17 Does the plan identify adequate infrastructure for new development related to:

Yes or No Comments and Recommendations
long term maintenance of fire hazard reduction
projects and activities such as community fire
breaks and private and public road vegetation
clearances; delineate safe ingress and egress
access area and routes; describe evacuation
and emergency vehicle access routes; ensure
that home and street addressing shall be
visible to emergency vehicles; and provide
appropriate signage that shows access areas
and routes for evacuation and emergency
vehicles. The City shall maintain vegetation
clearances along public roads. Private roads
shall be maintained by the appropriate private
homeowner’s association or easement holder
with abatement inspections conducted at least
annually by Fire Department staff.

Figure PS-6a Residential Development in a
Fire Hazard Zone with a single emergency
evacuation route and development planned in
VHFSZ
Community fire breaks? Is there a discussion of how
those fire breaks will be maintained?
YES SE pg. PS-5 Policy 3.3 Require defensible
space maintenance agreements for new
development projects and require extension of
defensible space maintenance agreements to
subsequent landowners. Landowners shall
maintain minimum defensible space from all
structures or improvements on their property
and work with neighbors and the City to
address defensible space within distances
deemed necessary by Fire Prevention staff
from structures existing on adjacent property.

Planting and maintenance of fire-resistant
slope cover shall improve defensible space
and reduce the risk of brush fires within the
RPC 2 (b)(iii)
632
18 Does the plan identify adequate infrastructure for new development related to:

Yes or No Comments and Recommendations
wildland-urban interface areas located in the
northern and eastern portions of the City and
in areas adjacent to canyons, and the City
shall refine and development shall implement
structural hardening measures through
stringent site design and maintenance
standards for all areas with high wild land fire
potential. To the extent possible native, non-
invasive plant materials shall be used to
reduce the potential for conflicts between
safety and environmental goals. Fuel
modification plans shall be prepared for new
development projects to describe and address
allowable plant materials and hardscape
measures and design; defensible space
distances and maintenance; and how fuel and
vegetation around homes and roadways will
be maintained and cleared.

Section 3 Working cooperatively with public agencies responsible for fire protection.

Question Yes or No Comments and Recommendations
Is there a map or description of existing emergency
service facilities and areas lacking service, specifically noting any areas in SRAs or VHFHSZs?
YES SE pg.PS-20 Figure PS-4 Very High Fire
Severity Zones Map
SE pg. PS-24 Figure PS-6a Residential
Development in a Fire Hazard Zone with a
single emergency evacuation route and
development planned in VHFSZ.

SE pg. PS-25 Map Figure PS-6b Detail of
Residential Development in a Fire Hazard
Zone with a single emergency evacuation
route and development planned in the VHFSZ
map.

Does the plan include an assessment and projection of
future emergency service needs?
YES SE pg. PS-10 Policy 6.10 Continue to train,
license, and/or certify Fire Department staff.

SE pg. PS-10 Policy 6.11 Ensure that the
Police and Fire Departments have complete
and available emergency supplies, sufficient
RPC 2 (b)(iii)
633
19 Question Yes or No Comments and Recommendations
capacity, facilities, personnel, training,
technology, equipment, adequate emergency
vehicle access, crime fighting equipment, and
fire suppression resources to meet growth
needs for combating crime, providing fire
protection, and providing related emergency
services for all segments of the population,
including vulnerable and disadvantaged
communities, in all areas of the City.

Are goals or standards for emergency services training
described?
YES SE pg. PS-10 Policy 6.10 Continue to train,
license, and/or certify Fire Department staff.

Does the plan outline inter-agency preparedness
coordination and mutual aid multi-agency agreements?
YES SE pg. PS-10 Policy 6.9 Continue to adopt
and honor agreements with adjacent
communities for mutual aid assistance.

RPC 2 (b)(iii)
634
20 Sample Safety Element Recommendations
These are examples of specific policies, objectives, or implementation measures that may be used to meet the intent of Government Code sections 65302, subdivision (g)(3) and 65302.5, subdivision (b). Safety element reviewers may make recommendations that are not included here.

A. MAPS, PLANS AND HISTORICAL INFORMATION

1. Include or reference CAL FIRE Fire Hazard Severity Zone maps or locally adopted wildfire hazard zones.

2. Include or reference the location of historical information on wildfires in the planning area.

3. Include a map or description of the location of existing and planned land uses in SRAs and VHFHSZs, particularly habitable structures, roads, utilities, and essential public facilities.

4. Identify or reference a fire plan that is relevant to the geographic scope of the general plan, including the Unit/Contract County Fire Plan, Local Hazard Mitigation Plan, and any applicable Community Wildfire Protection Plans.

5. Align the goals, policies, objectives, and implementation measures for fire hazard mitigation in the safety element with those in existing fire plans, or make plans to update fire plans to match the safety element.

6. Create a fire plan for the planning area.

B. LAND USE

1. Develop fire safe development codes to use as standards for fire protection for new development in SRAs or VHFHSZs that meet or exceed the statewide minimums in the SRA Fire Safe Regulations.

2. Adopt and have certified by the Board of Forestry and Fire Protection local ordinances which meet or exceed the minimum statewide standards in the SRA Fire Safe Regulations.

3. Identify existing development that do not meet or exceed the SRA Fire Safe Regulations or certified local ordinances.

4. Develop mitigation measures for existing development that does not meet or exceed the SRA Fire Safe Regulations or certified local ordinances or identify a policy to do so.

C. FUEL MODIFICATION

1. Develop a policy to communicate vegetation clearance requirements to seasonal, absent, or vacation rental owners.

2. Identify a policy for the ongoing maintenance of vegetation clearance on public and private roads.

3. Include fuel breaks in the layout/siting of subdivisions.

4. Identify a policy for the ongoing maintenance of existing or proposed fuel breaks.

5. Identify and/or map existing development that does not conform to current state and/or locally adopted fire safety standards for access, water supply and fire flow, signing, and vegetation clearance in SRAs or VHFHSZs.

6. Identify plans and actions for existing non-conforming development to be improved or mitigated to meet current state and/or locally adopted fire safety standards for access, water supply and fire flow, signing, and vegetation clearance.

RPC 2 (b)(iii)
635
21 D. ACCESS

1. Develop a policy that approval of parcel maps and tentative maps in SRAs or VHFHSZs is conditional based on meeting the SRA Fire Safe Regulations and the Fire Hazard Reduction Around Buildings and Structures Regulations, particularly those regarding road standards for ingress, egress, and fire equipment access. (See Gov. Code, § 66474.02.)

2. Develop a policy that development will be prioritized in areas with an adequate road network and associated infrastructure.

3. Identify multi-family housing, group homes, or other community housing in SRAs or VHFHSZs and develop a policy to create evacuation or shelter in place plans.

4. Include a policy to develop pre-plans for fire risk areas that address civilian evacuation and to effectively communicate those plans.

5. Identify road networks in SRAs or VHFHSZs that do not meet title 14, CCR, division 1.5, chapter 7, subchapter 2, articles 2 and 3 (commencing with section 1273.00) or certified local ordinance and develop a policy to examine possible mitigations.

E. FIRE PROTECTION

1. Develop a policy that development will be prioritized in areas with adequate water supply infrastructure.

2. Plan for the ongoing maintenance and long-term integrity of planned and existing water supply infrastructure.

3. Map existing emergency service facilities and note any areas lacking service, especially in SRAs or VHFHSZs.

4. Project future emergency service needs for the planned land uses.

5. Include information about emergency service trainings or standards and plans to meet or maintain them.

6. Include information about inter-agency preparedness coordination or mutual aid agreements.

RPC 2 (b)(iii)
636
22 Fire Hazard Planning in Other Elements of the General Plan When updating the General Plan, here are some ways to incorporate fire hazard planning into other elements. Wildfire safety is best accomplished by holistic, strategic fire planning that takes advantage of opportunities to align priorities and implementation measures within and across plans.

LAND USE ELEMENT
Goals and policies include mitigation of fire hazard for future development or limit development in very high fire hazard severity zones.

Disclose wildland urban-interface hazards, including fire hazard severity zones, and/or other vulnerable areas as determined by CAL FIRE or local fire agency.

Design and locate new development to provide adequate infrastructure for the safe ingress of emergency response vehicles and simultaneously allow citizen egress during emergencies.

Describe or map any Firewise Communities or other fire safe communities as determined by the National Fire Protection Association, Fire Safe Council, or other organization.

HOUSING ELEMENT
Incorporation of current fire safe building codes.

Identify and mitigate substandard fire safe housing and neighborhoods relative to fire hazard severity zones.

Consider diverse occupancies and their effects on wildfire protection (group housing, seasonal populations, transit-dependent, etc).

OPEN SPACE AND CONSERVATION ELEMENTS
Identify critical natural resource values relative to fire hazard severity zones.

Include resource management activities to enhance protection of open space and natural resource values.

Integrate open space into fire safety planning and effectiveness.

Mitigation for unique pest, disease and other forest health issues leading to hazardous situations.

CIRCULATION ELEMENT
Provide adequate access to very high fire hazard severity zones.

Develop standards for evacuation of residential areas in very high fire hazard severity zones.

Incorporate a policy that provides for a fuel reduction maintenance program along roadways.

RPC 2 (b)(iii)
637
57 91
5 5
E Wagner Ave
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live
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E Santa Ana St
E Cerritos Ave
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Disneyland
Dr
E South St
E Romneya Dr
E Broadway
W Santa Ana St
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Lew
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W Water St
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live
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Batavia
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State
College
Blvd
E Lincoln Ave
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Harbor
Blv d
W Ball Rd
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Anaheim
Blvd
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EastSt
E Katella Av e
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EastSt
E La Palma Ave
N
HarborBlvd
Anaheim Coves
Anaheim
Buaro
St
Haster
St
W Maple Ave
Lew
is
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W La Veta Ave
Garden Grove Blvd
W Chapman Ave
Trask Ave
Chapman Ave
N
Fairview StWestminster Ave W 17th St
Garden Grove Fwy
River View Golf
Course
Washington
Square
Riverglen
West Floral
Park
Fisher Park
Concord
Santa Ana
Triangle
French Court
RiverviewEdna Park
N
Shaffer
St
Cerro Vill a DrE Heim Ave
Valley Dr
E S erra no AveE Mea t s Ave
N
Cannon
St
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rand
St
Meads
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Handy
St
E V ia Escola Ave
Mesa D r
E F r o ntera St
E Bond Ave
E Katella A ve
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live
Rd
E Collins Ave
E Taft Ave
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Tustin
St
Villa Park Rd
E Rive rdale Ave
E Nohl R anch Rd
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Im
perialHw
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E S anta Ana Canyon RdRiverdale
Elementary
School Child
Care
Cerro Villa
Middle School
Villa Park
Santiago Creek
S18
ProspectAve
E La Veta Ave
E Santa Clara Ave
E Palm Ave
E Walnut Ave E Walnut Ave
E Maple Ave
Esplanade
Ave
E Palmyra Ave E Palmyra Ave
E Spring St
Skyline
Dr
Yorba
St
La Loma Dr
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Hew
es
St
E Almond Ave
Hew
es
Ave
E Chapman Ave
Newport Ave
17th St
The Dale E.

Fowler School
of Law
Park Santiago
Young Square
Grand Sunrise
Portola Park
North Tustin
Orange
241
Hillside
Dr
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Fairmont Blvd
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Serrano
A
ve
Anaheim Hills
Golf Course
Santiago Oaks
Regional Park
Oak Canyon
Nature Center
Deer Canyon
Park
Weir Canyon
Regional Park
Irvine Lake
241
S18
PioneerRd
E White Oak
Rdg
SantiagoCanyon Rd
Peters Canyon
Regional Park
Santiago
Canyon College
COUNTY

ORANGEPARKACRES
CITY
OF
ORANGE

CITYCITY

NORTHEL MODENA
COUNTY
COUNTY

EL MODENA
OLIVE
COUNTY

TUSTINTUSTIN

GARDENGROVE

ANAHEIM

ORANGESPHERE OFINFLUENCE

ANAHEIM
COUNTY

GARDENGROVE

SANTA ANA

VILLA PARK

ORANGESPHERE OFINFLUENCE
NOTE: Recent data updates may not be reflected on this
map at the time of printing, use at your discretion.

No part of this map shall be reproduced for
commercial purposes.

J:\Production_Environment\Projects\Fire\FireProjects\FireProjects.aprx\Very High Fire Areas - 11x17 10/28/2024
Source: CalFire

CITY OF ORANGE

FIRE SEVERITY ZONES
0 4,0002,000
Feet
.

Legend
City Boundary Recommended Local
Responsibility Area (LRA)
Very High
Reclassified Local
Responsibility Area (LRA)
Very High
High
Moderate
State Responsibility Area (SRA)
Very High
High
638
Agenda Item
City Council
Item #: 9.1. 1/14/2025 File #: 24-0680
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Agreement with the Orange International Street Fair, Inc. to produce the annual Orange Street Fair.

2. SUMMARY
The City of Orange has worked with the Orange International Street Fair, Inc. to produce the annual Orange Street Fair for several decades. The current agreement with the Orange International Street Fair, Inc. expired on December 31, 2024. The new agreement is more consistent with existing City agreements with non-profit organizations, clearly specifies procedures leading up to the start of the Orange Street Fair, and sets the new expiration date of December 31, 2030, with an option to extend the agreement an additional two years ending December 31, 2032.

3. RECOMMENDED ACTION

1. Receive and file a report from the Orange International Street Fair, Inc. regarding the 2024 Orange Street Fair.

2. Approve the agreement with the Orange International Street Fair, Inc. to produce the annual Orange Street Fair; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The Orange International Street Fair (Street Fair) is an annual event produced by the Orange International Street Fair, Inc. (OISF), and held in the Old Towne Orange Plaza (Plaza) area over Labor Day weekend. This popular event draws hundreds of thousands of visitors over the three-day period requiring months of planning and coordination. Per the agreement, OISF reimburses the City for costs and expenses incurred to produce the event, which is primarily staff time.

In addition to being a popular community event, Street Fair is also a fundraising opportunity for local nonprofits. All food and beverage booths are operated by nonprofits, with priority given to Orange- based groups.

The agreement will continue the tradition of collaboration between the City and OISF while incorporating select changes. Provided below are the more significant changes proposed in the new City of Orange Printed on 1/9/2025Page 1 of 2
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639
Item #: 9.1. 1/14/2025 File #: 24-0680
incorporating select changes. Provided below are the more significant changes proposed in the new agreement.
· Propose a five-year (December 31, 2030) term with a two-year extension (December 31, 2032).
· Clarify inspection processes leading up to the start of Street Fair. · Extend alcohol sales and entertainment from 9:00 p.m. to 9:30 p.m. in 2025 with an option to scale back to 9:00 p.m. as determined by the Chief of Police. · Remove requirements for OISF to post booth selection or other OISF internal processes online.
· Amend the records examination language to reflect what is currently used in other non-profit organization agreements while acknowledging the general accounting practices recommended in the 2019 audit.
· Codifying that the Plaza street closures to vehicular traffic will occur at 2:00 a.m. the Thursday before the start of Street Fair.

Lastly, per the most recent agreement, a representative from OISF shall provide a summary report to the City Council regarding the Street Fair held the previous year. As the City Council reviews the new agreement, OISF President, Adam Feliz, has prepared a presentation on the 2024 Street Fair for the City Council’s consideration.

7. ATTACHMENTS
· Agreement with Orange International Street Fair, Inc.

City of Orange Printed on 1/9/2025Page 2 of 2
powered by Legistar™
640
Agenda Item
City Council
Item #: 9.1. 1/14/2025 File #: 24-0680
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Agreement with the Orange International Street Fair, Inc. to produce the annual Orange Street Fair.

3. RECOMMENDED ACTION

1. Receive and file a report from the Orange International Street Fair, Inc. regarding the 2024 Orange Street Fair.

2. Approve the agreement with the Orange International Street Fair, Inc. to produce the annual Orange Street Fair; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

The agreement will continue the tradition of collaboration between the City and OISF while incorporating select changes. Provided below are the more significant changes proposed in the new City of Orange Printed on 1/9/2025Page 1 of 2
powered by Legistar™
641
Item #: 9.1. 1/14/2025 File #: 24-0680
incorporating select changes. Provided below are the more significant changes proposed in the new agreement.
· Propose a five-year (December 31, 2030) term with a two-year extension (December 31, 2032).
· Clarify inspection processes leading up to the start of Street Fair. · Extend alcohol sales and entertainment from 9:00 p.m. to 9:30 p.m. in 2025 with an option to scale back to 9:00 p.m. as determined by the Chief of Police. · Remove requirements for OISF to post booth selection or other OISF internal processes online.
· Amend the records examination language to reflect what is currently used in other non-profit organization agreements while acknowledging the general accounting practices recommended in the 2019 audit.
· Codifying that the Plaza street closures to vehicular traffic will occur at 2:00 a.m. the Thursday before the start of Street Fair.

7. ATTACHMENTS
· Agreement with Orange International Street Fair, Inc.

City of Orange Printed on 1/9/2025Page 2 of 2
powered by Legistar™
642

AGREEMENT FOR PRODUCTION

OF ORANGE INTERNATIONAL STREET FAIR

This AGREEMENT FOR PRODUCTION OF ORANGE INTERNATIONAL STREET FAIR (“Agreement”) is made at Orange, California, on this _____ day of ___ ____________, 2025 (herein referred to as the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ORANGE INTERNATIONAL STREET FAIR, INC. , a California non - profit public benefit corporation (herein referred to as “OISF”).

RECITALS

A. Since 1973, t he Orange International Street Fair (“Street Fair” ) has been an annual event commemorating the founding of the City of Orange.

B. In 1985, OISF incorporated and began producing the Street Fair and has produced the Street Fair every year since that time.

C. The Street Fair provides many benefits to the City including, but not limited to, tax revenue, a well-attended community event, fundraising for local charities, and bringing new people to the City to take part in some of the experiences that make Orange unique.

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

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

1. Term and Termination of Agreement

A. The initial term of this Agreement shall commence upon execution and shall terminate December 31, 2030, unless amended or sooner terminated as provided herein. The City has the right to extend the term of this Agreement for up to two (2) additional years upon the same terms and conditions as the initial term , terminating no later than December 31, 2032. Any Extension shall be approved by the City Council and memorialized in the form of an amendment to this Agreement.

B. OISF or City, acting through its City Manager, reserves the right to terminate this Agreement for any reason by providing a written notice of intent to terminate to the non -terminating party no fewer than 120-days prior to the commencement of the Street Fair for said year. City and/or OISF shall not be liable to other for any claim of damages or lost profits relating to any such termination.

2. Location

The Street Fair shall take place only on those public streets and right s-of-way in the City, generally described as the area of Chapman Avenue from the center line of Grand Street to the center 643
2 line of Lemon Street; and Glassell Street, Olive Street, and Orange Street from the center line of Almond Avenue to the center line of Maple Avenue , as more particularly identified in the map attached hereto and incorporated herein as Exhibit “A.”

3. Dates and Times

The Street Fair shall take place on Labor Day weekend as follows:

• Friday prior to Labor Day from 5:00 p.m. to 10:00 p.m. • Saturday from 10:00 a.m. to 10:00 p.m.
• Sunday from 10:00 a.m. to 10:00 p.m.
• Children’s Street activities shall close no later than 8:30 p.m. each night

Alcohol sales and entertainment shall cease no later than 9:30 p.m. for the 2025 Street Fair.

Thereafter, in consideration of public safety concerns, no later than March preceding the next Street Fair, the Chief of Police will determine if alcohol sales and entertainment shall cease no later than 9:00 p.m. or 9:30 p.m.

4. OISF Obligations

A. Production of Street Fair.

1) OISF shall produce the Street Fair during the days and times stated in Section 3.

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

3) OISF shall work with designated City representatives for business involving the Street Fair to ensure compliance with this Agreement.

B. Booth Layout.

1) The proposed booth layout map is contained in Exhibit “B” attached hereto and incorporated herein. Each year, no fewer than one hundred twenty (120) days prior to the Street Fair, OISF shall submit a detailed booth layout map for approval by the City Police Department, Fire Department, Community Development, and Public Works Department.

2) All fire lanes, fire breaks, and space between cooking booths shown on the approved plan shall remain free and clear of all objects, materials, vehicles, and other obstructions during set up, throughout the duration of the fair and at break down of the fair.

644
3 C. Protection of Plaza Park.

1) The center of the Plaza known as Plaza Park is not a part of the Street Fair.

Plaza Park shall be closed to the public and protected by a 6 -foot high chain link fence sufficient to prevent intrusion for the duration of the Street Fair.

2) The cost of such fence rental , including costs to install and remove the fence, or other means to secure Plaza Park shall be the sole responsibility of OISF.

D. Children’s Street.

1) The Children’s Street shall be located at the end curb return of Chapman Avenue and Orange Street and will continue in a northerly direction for a distance of no more than 170 feet, as more particularly described in Exhibit “B.”

2) The north end of Children’s Street will maintain a minimum fire break of 20 feet at the entrance and a minimum fire lane of 20 feet through the centerline of Orange Street.

3) Children’s Street activities shall be held entirely within the limits of the public street, unless OISF submits in the master layout for review and approval that Children’s Street activities will be extended into the private lot adjacent to Orange Street.

4) Children’s Street hours of operation shall be as stated in Section 3.

5) All Children’s Street booths shall have a clear view (i.e., be see-through) from any angle within or outside of the booth. OISF shall ensure that children shorter than the height of the booth can be seen and no one will be able to crouch down next to a booth and hide. The materials used around the booth may be either mesh or see-through paneling.

6) OISF shall have personnel within Children’s Street at all times and shall take reasonable measures to prohibit alcoholic beverages within the Children’s Street area.

E. Site Inspection.

1) No fewer than thirty (30) days prior to the event, at least one (1) authorized representative from OISF, the City Manager’s Office or its designee, Community Development, Fire Department, Police Department, and Public Works Department shall walk the footprint of the Street Fair to ensure the footprint meets safety standards.

To ensure the timely completion of inspections and any necessary corrections, authorized representatives from the Fire Department shall conduct inspections with authorized representatives from OISF and OISF’s contracted tent vendor no earlier or later than 3 p.m. on the Thursday prior to the start of Street Fair. This includes tent structure, weight, and fire lane inspections. All identified violations shall be corrected by 10 a.m. the Friday of the Street Fair.

All fire extinguishers shall be properly affixed and meet necessary code and legal standards by 3 p.m. the Friday of Street Fair. If there are any existing violations present by 3 p.m. the Friday of 645
4 Street Fair the City may remove the non -compliant vendor(s) from Street Fair, and/or prevent the violating party from participating in the Street Fair until all violations have been corrected. All verbal communications in the field pertaining to inspections and/or corrections sha ll be summarized and submitted in writing to all applicable parties.

2) No later than 1:00 p.m. on Friday of the Street Fair, representatives from OISF, the City Manager’s Office or its designee , Community Development, Fire Department, Police Department, and Public Works Department shall conduct a final walk -through of the Street Fair footprint to ensure compliance with all requirements.

F. Parking Lot.

1) The public parking lot located approximately 100 feet south of the prolongation of Chapman Avenue on the west side of Orange Street, is to be used exclusively for the following:

• Seven spots designated for City vehicles
• OISF Committee personnel
• Storage for the official beer sponsor
• Entertainers, stage loading, and unloading personnel

2) The public parking lot locations shall be located as described in Exhibit “B.”

G. Booth Applications and Selection.

1) OISF shall ensure p riority, to the extent reasonably possible, for non -profit organizations based in, or operating in, the City to participate in the Street Fair.

H. Alcoholic Beverages.

1) Alcohol sales shall begin no earlier than Friday at 5:00 p.m.; Saturday at 10:00 a.m.; and Sunday at 10:00 a.m.

2) Dependent on the determination made by the Chief of Police pursuant to Section 3, alcohol sales shall cease no later than 9:00 p.m. or 9:30 p.m. each night.

3) All persons purchasing, consuming, or possessing an alcoholic beverage must be wearing an OISF approved wristband. Proper signage must be in place at all selling booths informing consumers of this requirement.

4) No glass containers or cans shall be allowed in the Street Fair either by the public or vendors. All beverages sold by OISF vendors shall be in plastic cups or plastic containers with screw caps removed.

5) With the exception of refrigerated beer trailers, all alcohol shall be removed from booths nightly or otherwise secured to the reasonable satisfaction of the Police Department.

646
5 6) OISF shall provide a list of booths permitted to sell alcoholic beverages to the Police Department no fewer than thirty (30) days prior to the commencement of the Street Fair:

7) No alcoholic beverages shall be permitted on North Orange Street where the Children’s Street is located. City is responsible for posting OISF-provided “No Alcohol” signage clearly visible to all who enter the Children’s Street. The signage shall be posted at both the north and south boundaries.

8) An alcohol awareness program as required by the Police Department shall be sponsored and scheduled by OISF. OISF shall ensure that all vendors selling alcohol attend this program.

9) OISF shall allow no more than sixteen (16) alcohol booths within the footprint of the Street Fair.

10) OISF shall allow only beer , wine, hard seltzers, and water to be sold from alcohol booths.

J. Entertainment.

1) Dependent on the determination made by the Chief of Police pursuant to Section 3, all entertainment shall cease no later than 9:00 p.m. or 9:30 p.m. and all equipment related to entertainment shall be removed or secured thereafter.

2) Both the Police Department and Fire Department have the right to deny or stop live entertainment based on conditions that , in their discretion, may cause or create a hazardous situation to the public.

3) OISF shall furnish a complete entertainment schedule to the Police Department liaison no fewer than sixty (60) days prior to the Street Fair.

4) The Police Department shall notify OISF no fewer than thirty (30) days prior to the Street Fair of its acceptance or denial of any performers. If the Police Department rejects any performer, OISF may request approval for a replacement performer no later than one week prior to the first day of the Street Fair.

K. Sanitation.

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

L. Communications and Contacts.

1) OISF shall designate an individual to serve as a public contact for any and all inquiries, including but not limited to complaints related to the production of the Street Fair, and shall provide a list of contacts and phone numbers to the City no fewer than forty-five (45) days prior to commencement of the Street Fair.
647
6 2) OISF will make reasonable efforts to engage with and educate downtown businesses and residents regarding the Street Fair, footprint, hours, entertainment schedule , and any other Street Fair logistics that may interfere with local business operations and/or resident daily activities.

3) OISF shall submit a Street Fair staff report to the City Council by April during the term of the contract for consideration. An OISF representative shall attend the City Council meeting and present the report to the City Council. Status report sh all summarize the activities by OISF for the Street Fair held the previous year. Said report should include a financial summary, any notable issues, concerns, or events related to participants, downtown merchants, or any other stakeholder.

M. Code of Conduct.

OISF shall comply with and enforce the following guidelines related to its employees and volunteers, the general public, and all vendors within the Street Fair footprint.

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

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

3) OISF representatives shall wear clothing that identifies them as being a representative of OISF, including clothing displaying the official OISF logo.

N. Online Information.

1) By August 1 of each year, OISF will publish on its website:

a. A complete list of non -profit participants in the upcoming Street Fair ; and

b. A list of non -profit participants on the waiting list for the upcoming Street Fair.

O. Maintenance and Inspection of Records.

1) In accordance with generally accepted accounting principles, OISF shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of ser vices performed under this Agreement. OISF will comply with the general accounting practices recommended in the Independent Accountant’s Report on applying latest Agreed Upon Procedures provided by Nigro & Nigro, PC.

2) OISF shall maintain all records relating to this Agreement and the production of the Street Fair for a minimum of three (3) years following the expiration of termination of 648
7 Agreement. All such records shall be available for inspection or review by an authorized representative of the City within ten (10) days of written notice to OISF.

P. Equipment, Supplies, Costs.

1) OISF agrees to pay for all actual costs incurred for production of the Street Fair including pre- and post-planning of the event.

a. “Planning” is defined as the process and staff time coordinating the production of the Street Fair between the City and OISF.

2) OISF agrees to furnish all equipment and supplies and shall bear all other costs and expenses reasonably necessary to carry out the purpose of this Agreement except as otherwise provided herein.

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

a. The number of public safety personnel assigned is at the discretion of the Police Department and Fire Department. The City will notify OISF in writing when public safety personnel levels will exceed those utilized during the previous Street Fair.

b. Said materials and services may include costs incurred by the City related to damage and cleanup of public and private property directly related to Street Fair activities within the Street Fair footprint as set forth in Exhibit “A.”

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

5. Street Fair Planning Schedule and Responsibilities.

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

6. City Obligations.

A. City agrees that OISF shall have the sole and exclusive right to produce the Street Fair.

B. City agrees to prepare the Street Fair footprint to a mutually acceptable condition at the City’s expense, prior to commencement of the Street Fair which includes closing the Street Fair footprint to vehicular traffic beginning at 2:00 a.m.

C. City agrees to assign a liaison from each of the following departments: Public Works, Police, Fire, City Manager’s Office or its designee , and Community Development . The City Manager’s Office or its designee will act as a direct liaison with OISF as it pertains to the production, planning, and follow-up of the Street Fair.
649
8 D. City agrees that any vendors or merchants within the Street Fair footprint and not otherwise participating in the Street Fair through the OISF approval process will be required to apply for and obtain a Special Event Permit from the City.

E. City will encourage local businesses and neighbors to report all cleanup locations to the City within forty-eight (48) hours of the closure of the Street Fair. The City will provide an itemized bill to OISF accordingly.

F. City shall provide OISF with the actual count of the number of calls for service made to the Fire Department and Police Department in relation to the Street Fair.

G. City shall provide a detailed break-down of the actual costs incurred by City for labor, material, and equipment related to the Street Fair to OISF by November 30 . If there are any delays resulting from unforeseen circumstances or events, the City will communicate when they expect to have the detailed break-down in writing to OISF.

7. Insurance.

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

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

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

D. The City requires and shall be entitled to OISF’s broader coverage and/or the higher limits if OISF maintains broader coverage and/or higher limits than the minimums shown above. Any available insurance proceeds excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum in surance requirements of this Agreement are sufficient to cover the obligations of OISF under this Agreement.

E. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by OISF and/or its subcontractors under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 01. The 650
9 City, its elected officials, officers, employees, volunteers, boards, agents, and representatives are to be covered as additional insureds for the liability and defense of suits or claims arising out of the work or operations performed by or on behalf of OISF including materials, parts or equipment furnished in connection with such work or operations. Commercial General Liability additional insured endorsements shall be at least as broad as ISO Form(s) CG 20 10 11 85; or both CG 20 10 or CG 20 26, and CG 20 37.

The minimum coverage required by Subsection B and C, above, shall apply to City as an additional insured.

F. This insurance is primary to and will not seek contribution from any other insurance whether primary, excess, umbrella, or contingent insurance, including deductible, or self -insurance available to the City, its elected officials, officers, employees, volu nteers, boards, agents, and representatives as additional insureds. The Commercial General liability primary endorsements shall be at least as broad as ISO CG 20 01 04 13.

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

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

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

J. OISF agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, OISF shall look solely to its insurance for recovery. OISF hereby grants to City, on behalf of any insurer providing insurance to either OISF or City with respect to the services of OISF herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance . Any right of subrogation against the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be waived.

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

8. Indemnity.

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

651
10 1) Any and all claims under worker’s compensation acts and other employee benefit acts with respect to OISF’s employees or subcontractor’s employees arising out of OISF’s work under this Agreement; and

2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission of OISF, or person, firm or corporation employed by OISF, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’ s property. OISF, at OISF’s own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this Subsection, and shall pay or satisf y any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this Subsection.

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

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

9. Standard Provisions.

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

B. Independent Contractor. At all times during the term of this Agreement, OISF shall be an independent contractor and not an employee of City. City shall have the right to control OISF only insofar as the result of OISF's services rendered pursuant to this Agreement. City shall not have the right to control the means by which OISF accomplishes services rendered pursuant to this Agreement.

OISF shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. OISF shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. OISF acknowledges that OISF and any subcontractors, agents or employees employed by OISF shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

C. OISF Not Agent. Except as City may specify in writing, OISF shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. OISF shall have no authority, express or implied, to bind City to any obligation whatsoever. 652
11 D. Amendment. No amendment of this Agreement or its Exhibits shall be effective unless in writing, signed by OISF and City. City Manager is specifically authorized to execute amendments to this Agreement on behalf of City.

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

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

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

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

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

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

H. Compliance with all Laws/Immigration Laws.

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

2) OISF shall comply with all applicable Fire Department guidelines in effect January 1st of any given year during which the Street Fair is produced. Additional requirements may be added by the Fire Department as necessary, and at the Fire Department’s discretion. 653
12 3) OISF represents and warrants that OISF:

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

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

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

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

4) OISF shall require all subcontractors to make the same representations and warranties as set forth in Subsection 3 above.

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

6) OISF shall require all subcontractors to make the same verification as set forth in Subsection 5 above.

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

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

I. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and OISF agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
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13 J. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties.

10. Notice.

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

Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CITY” “OISF”
City of Orange Orange International Street Fair, Inc. 300 E. Chapman Avenue 112 East Chapman Ave, Suite G
Orange, CA 92866 Orange, CA 92866
Attn: City Manager Attn: Board President
[email protected] [email protected]

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

ORANGE INTERNATIONAL STREET CITY OF ORANGE, a municipal corporation FAIR, INC., a California corporation

By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney
√NA

655

EXHIBIT “A”

FOOTPRINT OF THE ORANGE INTERNATIONAL STREET FAIR

[Behind this sheet.]
656
J:\GisProjects\StreetFair2021\GIS\APRX\StreetFair\StreetFair.aprx\Street Fair Area - 2025 1/6/2025
Source: City of Orange (2024)
0 200100
Feet
.

E CHAPMAN AV

E ALMOND AVE

N OLIVE ST

N ORANGE ST

PLAZASQ

S GRAND ST

W CHAPMAN AV

S ORANGE STS OLIVE ST

S GLASSELL ST

W ALMOND AVE

E MAPLE AVEW MAPLE AVE

N LEMON ST N GLASSELL ST

N GRAND ST

S LEMON ST
Legend
Street Fair Area Street Centerline

CITY OF ORANGE

ORANGE INTERNATIONAL STREET FAIR
657

EXHIBIT “B”

DETAIL OF EACH STREET AND BOOTH LOCATION FOR

THE ORANGE INTERNATIONAL STREET FAIR

[Behind this sheet.]

This item is determined and provided annually by Orange International Street Fair

658

EXHIBIT “C”

ORANGE INTERNATIONAL STREET FAIR

PLANNING SCHEDULE AND RESPONSIBLITES

[Behind this sheet.]

659

Exhibit “C”
1 of 4
The following is a guideline for the preparation, assignments, duties and responsibilities of OISF , Orange Public Works Department (“OPW”), and other City departments in support of the Street Fair.

Changes to these guidelines may be incorporated administratively as determined necessary by the City and OISF.

On-going

• OISF fields calls from merchants and residents prior to the Street Fair.

Pre-Event (January – March)

• City and OISF meet with representatives from California Department of Alcoholic Beverage Control (ABC) to ensure proposed operations for the upcoming year are in compliance with all applicable laws and regulations.
• City and OISF meet with businesses within the OISF footprint whose operations are impacted by the Street Fair.

Pre-Event (60 days)

• City provides materials specifications to OISF.
• OISF submits the layout for the parking lot described in Section 4.F to Police, Fire, Public Works for written approval.
• OISF prepares and provides detailed maps of booth layout and Street Fair layout (i.e. DOB boxes, toilets and sinks) for approval by OPW, Fire and Police. • OISF submits a complete entertainment schedule to the Police Department liaison. • OISF submits draft merchant letter to City for review

Pre-Event (45 days)

• OISF delivers all banners to City Corporation Yard (“Corp Yard”) during regular business hours. OPW notifies OISF if any corrections are needed to their banner no fewer than 40 days prior to the Street Fair.
• OISF delivers pendant flags to OPW.
• Representatives from the City Manager’s Office or its designee, OPW, OPD, and OFD attends July Ethnic Street meeting to inform vendors of City policies during Street Fair. • OISF obtains quotes, schedules drop off, service and pick-up times, locations and quantities of electrical, tenting, portable toilet services, fencing, City solid waste, street sweeping and sidewalk cleaning contractors.
• OISF coordinates with local high schools to provide trash collection sweeping operations. • OISF issues truck parking passes.
• OISF distributes information letter to Plaza merchants and residents. • OISF provides a list of OISF contacts and phone numbers to City.

660

Exhibit “C”
2 of 4
Pre-Event (30 days)

• Police notifies OISF of its acceptance or denial of any performers. If Police rejects any performer, OISF may request approval for a replacement performer no later than one week prior to the first day of the Street Fair.
• OISF and representatives from the City Manager’s Office or its designee, OPD, and OFD meet with the individuals scheduled to serve as Street Captains during the Street Fair. • OISF provides a list of booths permitted to sell alcoholic beverages to the Police Department. • OPW hangs banners and pendent flats.
• OISF marks booth and fire-lane locations on street surface simultaneously with OPW hanging banners and pendants. OPW provides traffic control during said markings. • OISF schedules with OPW should additional nights be needed to complete markings. • OISF orders trash bags in coordination with CR&R.
• OISF delivers trash bags to Corp Yard.
• OISF purchases one (1) drum of degreaser and fifteen (15) gallons of deodorizer solution for the final night of street cleaning. OISF may deliver solutions to Corp Yard for storage. • At least one (1) authorized representative from the City Manager’s Office or its designee, OPD, OFD, OPW, Community Development and OISF shall walk the footprint of the Street Fair to ensure the footprint meets safety standards.

Pre Event (5 days)

• OPW loads all equipment and material needed for setup and closure procedures. • OPW posts “no parking signs” on streets and parking lots.

Pre Event (48hours)

• OPW brings stored materials to site.
• OPW covers and blocks drains and trash containers located in the Plaza. • OPW closes Street Fair footprint to vehicular traffic beginning at 2 a.m. • OPW unlocks electrical boxes by 6 a.m. Thursday.
• OISF coordinates with electrical contractor to place feeders. • OISF furnishes and installs electrical “customer” meters at all panel locations. • OISF coordinates drop off and location of dumpsters, Plaza fencing, tenting and portable toilets.
• OPW provides and places advanced detour signs.
• OPW provides and places barriers andbarricades and coordinates with Police for the removal of vehicles from the closure area and other posted parking within the footprint of the Street Fair.
• OPW drops off trash bags and boxes.
• OISF assembles and OPW distributes trash boxes.
• OISF places grey and fresh water tanks.
• OISF places grey water tank fencing.
• OISF purchases and OPW installs absorb socks around toilets and grey water tanks. 661

Exhibit “C”
3 of 4
• OPW delivers and OISF places alcohol, dogs and firearm signage. • OPW places traffic signals on flash.

Day of the Event Duties

• No later than 1 :00 p.m., at least one (1) authorized representative from the City Manager’s Office or its designee, OPD, OFD, OPW, and Community Development and OISF conduct a final walk-through of the footprint of the Street Fair. • OPW opens barricades at North Olive and South Orange at 7:00 a.m. Friday to allow vendor access
• OPW closes barricades at approximately 3 :00 p.m. Friday after emergency vehicles have toured areas.
• OPW staff periodically monitors right-of-way areas within Street Fair footprint for cleanliness and safety items.
• OPW notifies OISF of any areas out of compliance.
• OPW monitors large trash disposal areas compacting, cleaning and relocation of steps. • OPW remains on-site to assist OISF.
• OISF inspects Street Fair footprint and reports areas in need of OPW assistance. • OISF provides crowd control
• OISF ensures servicing of portable toilets as needed.

Nightly Duties During Event

• OISF removes and sweeps all waste off of sidewalks, shop window ledges, and streets and places all waste in fire lanes (except Sunday night).
• OISF removes all bulky/large waste items from fire lanes and disposes in large dumpsters. • OISF removes all bags from trash boxes and disposes in large dumpsters. • OPW cleans up neighborhoods adjacent to the Street Fair footprint ( Cypress to Center; Palm to Palmyra).
• OISF sweeps fire lanes and neighboring streets on Friday and Saturday nights ( Cypress to Center; Palm to Palmyra).
• OISF coordinates with vendor to empty grey water tanks. • OISF fills fresh water tanks.

Post Event

• OISF coordinates removal of dumpsters, Plaza fencing, tenting and portable toilets. • OPW sprays degreaser into streets prior to final night’s street sweeping. • OPW sweeps entire Street Fair footprint using deodorizer. • OISF sweeps neighboring streets (Cypress to Center; Palm to Palmyra). • OISF pressure washes all sidewalks, alley ways and parking lots. • OPW removes barriers, barricades and signage, banners and pendants. • OPW disposes of pendants.
• OPW turns on and synchronizes traffic signals.
662

Exhibit “C”
4 of 4
• OPW removes and stores all equipment and materials at Corp Yard. • OPW disposes of banners.

Upon mutual agreement, OISF and OPW will add other services as needed to ensure a safe closure, the public right-of-way is kept clean, and the safe operation of the Street Fair.

663
Agenda Item
City Council
Item #: 9.2. 1/14/2025 File #: 25-0009
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Employment Agreement with a retired annuitant for the vacant position of Interim Police Chief, pursuant to Government Code Sections 21221(h) and 7522.56(f). Resolution No. 11594.

2. SUMMARY
Resolution No. 11594 authorizes the City Manager’sappointment of Daniel L. Adams to serve on an interim basis to the vacant position of Interim Police Chief effective January 20, 2025, or upon approval by the California Public Employees’Retirement System (CalPERS), whichever shall occur first.

3. RECOMMENDED ACTION
Adopt Resolution No. 11594. A Resolution of the City Council of the City of Orange approving the Employment Agreement of a retired annuitant for the position of Interim Police Chief, pursuant to Government Code Sections 21221(h) and 7522.56(f).

4. FISCAL IMPACT
The Police Chief position is already included in the Fiscal Year 2024-25 budget and is funded through General Fund (100). In accordance with CalPERS requirements, Daniel L. Adams would not receive any compensation or benefits, other than his hourly rate, while employed as a retired annuitant.

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

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

6. DISCUSSION AND BACKGROUND
Daniel L. Adams began his employment as the City’sPolice Chief on June 6, 2021. After more than three years as Police Chief and nearly thirty-five years of honorably serving the Orange community, Chief Adams retired on December 30, 2024, as his last day of full-time employment and a CalPERS retirement date of December 31, 2024.

CalPERS recognizes that retirees play an important role in maintaining city operations and keeping cities safe, particularly in short-term or emergency situations. Government Code Section 21221(h) provides specific guidance on employing a CalPERS retiree that will serve in a vacant executive, City of Orange Printed on 1/9/2025Page 1 of 2
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Item #: 9.2. 1/14/2025 File #: 25-0009
provides specific guidance on employing a CalPERS retiree that will serve in a vacant executive, managerial or other unique position, such as City Manager, Police Chief and other Department Heads, etc., without interruption to retirement benefits or reinstatement from retirement. Although all Department Heads and other staff positions are appointed by the City Manager, Government Code 21221(h) requires that the City Council expressly authorize the appointment of a retired annuitant to an interim vacant position. Government Code Section 7522.56 provides exceptions to the 180-day wait period so long as the retired annuitant meets the specified conditions which Daniel L. Adams meets.

Conditions within Government Code Section 21221(h) include:
· City Council appointment to a vacant position in the form of a resolution or contract; · The vacant position requires a specialized skillset and is actively being recruited for a permanent appointment;
· Appointment must be for a limited duration of no more than 960 hours in a fiscal year; · The retired annuitant must be compensated within the approved salary schedule for the position and cannot receive any additional rights or benefits; and · The retired annuitant can only be appointed once to a vacant position.

The City has a critical and time-sensitive need for Daniel L. Adams to work for the City on a temporary basis after his retirement from full-time employment status. The City is in the process of recruiting for a new permanent Police Chief; however, staff anticipates there will be a gap of approximately two to three months between Chief Adams’retirement from full-time status and the appointment of a new permanent Police Chief. During this interim period, the City needs a qualified individual with a specialized skillset to continue to perform all essential functions of the position without interruption, at the retired hourly rate of $135.71 per hour, with no other rights or benefits, incentives, or other compensation in lieu of benefits, or any other forms of compensation to be provided during the appointment. Daniel L. Adams’employment will end no later than June 30, 2025, and he will not exceed 960 hours worked in a fiscal year. All parties understand that the appointment to the Interim Police Chief position may only happen once.

7. ATTACHMENTS
· Resolution No. 11594 with attached employment agreement City of Orange Printed on 1/9/2025Page 2 of 2
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665
Agenda Item
City Council
Item #: 9.2. 1/14/2025 File #: 25-0009
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Employment Agreement with a retired annuitant for the vacant position of Interim Police Chief, pursuant to Government Code Sections 21221(h) and 7522.56(f). Resolution No. 11594.

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

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

CalPERS recognizes that retirees play an important role in maintaining city operations and keeping cities safe, particularly in short-term or emergency situations. Government Code Section 21221(h) provides specific guidance on employing a CalPERS retiree that will serve in a vacant executive, City of Orange Printed on 1/9/2025Page 1 of 2
powered by Legistar™
666
Item #: 9.2. 1/14/2025 File #: 25-0009
provides specific guidance on employing a CalPERS retiree that will serve in a vacant executive, managerial or other unique position, such as City Manager, Police Chief and other Department Heads, etc., without interruption to retirement benefits or reinstatement from retirement. Although all Department Heads and other staff positions are appointed by the City Manager, Government Code 21221(h) requires that the City Council expressly authorize the appointment of a retired annuitant to an interim vacant position. Government Code Section 7522.56 provides exceptions to the 180-day wait period so long as the retired annuitant meets the specified conditions which Daniel L. Adams meets.

7. ATTACHMENTS
· Resolution No. 11594 with attached employment agreement City of Orange Printed on 1/9/2025Page 2 of 2
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667
RESOLUTION NO. 11594

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE APPROVING THE

EMPLOYMENT AGREEMENT OF A RETIRED

ANNUITANT FOR THE POSITION OF INTERIM

POLICE CHIEF, PURSUANT TO GOVERNMENT
CODE SECTIONS 21221(h) AND 7522.56

WHEREAS, Government Code Section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a California Public Employees ’ Retirement System (CalPERS) retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and

WHEREAS, Government Code Section 7522.56(f) provides exceptions to the 180 -day wait period as long as the retired annuitant meets the specified conditions and the appointment has been approved by the governing body; and

WHEREAS, the City of Orange desires to expressly authorize the City Manager to appoint Daniel L. Adams as an interim appointment retired annuitant to the vacant position of Police Chief for the City of Orange under Government Code Section 21221(h) effective January 20, 2025, or upon approval by CalPERS, whichever occurs first; and

WHEREAS, the City Council, the City of Orange, and Daniel L. Adams certify that Daniel L. Adams has not and will not receive a Golden Handshake or any other retirement -related incentive; and

WHEREAS, an appointment under Government Code Section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and

WHEREAS, the 180-day wait period exception applies to Daniel L. Adams based on the provisions set forth in Government Code Sections 7522.56(f)(1) and 7522.56(f)(4); and

WHEREAS, the governing body has authorized the search for a permanent appointment on January 14, 2025; and

WHEREAS, this Government Code Section 21221(h) appointment shall only be made once and, therefore, will end by June 30, 2025, or upon hire of a permanent Police Chief; and

WHEREAS, the entire Employment Agreement between Daniel L. Adams and the City of Orange has been reviewed by this body and is attached herein; and

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2 WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

WHEREAS, the maximum base salary for this position is $135.71 per hour and the minimum base salary for this position is $105.83 per hour; and

WHEREAS, the hourly rate paid to Daniel L. Adams will be $135.71; and

WHEREAS, Daniel L. Adams has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby certifies the nature of the employment of Daniel L. Adams as described herein and detailed in the attached Employment Agreement and that this appointment is necessary to fill the critically needed position of Police Chief for the City of Orange by January 20, 2025, or upon approval by the CalPERS, whichever shall occur first, because the City of Orange needs a Police Chief to perform the functions and duties as the department head of a municipal police department, which includes planning, directing, and coordinating activities of the Orange Police Department and implementing policies and establishing procedures related to crime prevention, law enforcement, and related community services.

ADOPTED this 14th day of January 2025.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney, City of Orange

Attachment: Employment Agreement with Retired Annuitant Daniel L. Adams

669
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 Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 14th day of January 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

670

RETIRED ANNUITANT EMPLOYMENT AGREEMENT

THIS INTERIM POLICE CHIEF EMPLOYMENT AGREEMENT -
LIMITED TERM retired annuitant (“Agreement”), dated for purposes of identification only this ______ of January 2025 is made and entered into by and between THE CITY OF ORANGE, a municipal corporation, hereinafter referred to as “ ORANGE,” AND DANIEL L. ADAMS , an individual hereinafter referred to as “ADAMS”

WITNESSETH:

WHEREAS, Government Code Section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a California Public Employees’ Retirement System (CalPERS) retiree to vacant position without reinstatement from retirement if such appointment is necessary to fill a vacant executive position requiring specialized skills during a recruitment for a permanent appointment; and
WHEREAS, ADAMS will be serving as Interim Police Chief, a public safety vacant position that must be performed by a public safety officer; and

WHEREAS, the City of Orange certifies that ADAMS qualifies under the exceptions to the 180 -day waiting period as he has met the conditions of Government Code Section 7522.56(f), subsections (1) and (4); and

WHEREAS, ADAMS retired and through the City Manager, ORANGE desires to employ the services of ADAMS as Interim Police Chief, temporarily, to carry out the duties and responsibilities of the position, while ORANGE conducts its recruitment; and

WHEREAS, ORANGE has initiated an active recruitment for a permanent Police Chief; and

WHEREAS, ADAMS has served as a Police Chief and in public safety for at least 3.5 years, with nearly a 35-year law enforcement career at the Orange Police Department, and ORANGE has determined the experience and specialized skills are critically needed to maintain adequate staffing to ensure the safety of the community and for emergency response and recovery are continued, without interruption; and

WHEREAS, ADAMS represents that he has not received unemployment compensation from any CalPERS agencies during the 12-month period preceding the effective date of this Agreement; and
671
2 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE

PROMISES, COVENANTS, AND CONDITIONS HEREIN CONTAINED,

IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:

1. DUTIES.

ORANGE hereby employs ADAMS as Interim Police Chief to oversee the Police Department and perform all functions, duties, and services set forth in the current classification, ORANGE Municipal Code, rules and regulations, and to perform such other legally permissible duties and functions as the ORANGE City Manager may from time-to-time assign. ADAMS shall provide service at the direction and under the supervision of the City Manager.

2. ACCEPTANCE OF APPOINTMENT.

ADAMS hereby accepts the appointment to Interim Police Chief , subject to all terms and conditions set forth in this Agreement. ADAMS, as the interim police chief, shall keep the City Manager fully apprised of all significant ongoing operations of the City’s Police Department. ADAMS shall devote his full attention and effort to the position and perform the duties and functions of the position in a professional manner.

3. STATUS AND TERM.

A. Status: ADAMS shall be an at-will employee of ORANGE and shall serve at the pleasure of the City Manager. Nothing contained in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of ADAMS at any time. ADAMS will not acquire a property interest in the position of Interim Police Chief. Employee is a temporary employee employed to perform a specialized service in accordance with Government Code Section 21221(h).

B. Term: The term of this Agreement shall be temporary and commence January _____, 2025, or upon approval by CalPERS, whichever shall occur first. This agreement shall expire as of the first following to occur: i) upon the employment commencement date of a permanent Police Chief, ii) upon ADAMS working 960 hours combined for any CalPERS agencies in a fiscal year, iii) upon termination of the Agreement by either party as provided herein, or iv) 5:00 p.m. on June 30, 2025.

C. Termination by ORANGE or ADAMS: ORANGE may
terminate this Agreement at any time with or without cause and with or without notice. At the time of termination, ADAMS shall not be entitled to any pay or benefits, except that which is owed for those hours already worked. 672
3 Additionally, ADAMS may terminate this Agreement at any time, with or without cause, provided, however he shall reasonably provide ORANGE with at least two (2) weeks’ advance written notice prior to the effective date of termination, if practicable, unless a shorter period is acceptable by the ORANGE.

D. No Severance Pay: Upon termination, ADAMS shall not be entitled to severance pay, payment of any benefits, or any other form of compensation, and ADAMS expressly waives any and all rights with respect to severance pay.

4. COMPENSATION AND BENEFITS.

A. Rate of Pay: ORANGE agrees to pay ADAMS and ADAMS
agrees to accept from ORANGE, as compensation for services rendered by ADAMS pursuant to this Agreement, an hourly rate of $135.71 per hour , according to the payroll schedule in place for ORANGE’S publicly approved pay schedule.

B. Recordation and Reporting of Hours Worked : ORANGE and ADAMS will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for ORANGE to CalPERS as required. Additionally, ADAMS shall keep ORANGE continually apprised of any hours worked by ADAMS for other CalPERS Agencies during the term of this Agreement.

C. Expenses/Reimbursements: ORANGE agrees to pay and/or reimburse for job related expenses incurred in the performance of ADAMS’ duties under this Agreement and as approved by the City Manager, in accordance with City policies for all employees.

D. Health and Welfare Benefits: Pursuant to Government Code Section 21221(h) and related CalPERS regulations and policy statements, ADAMS shall not receive from ORANGE any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation.

E. Vacation and Leave: ADAMS shall not be provided or accrue any personal time off, vacation, sick leave, administrative leave, paid holidays or similar leave benefits.

5. INDEMNIFICATION.

A. ORANGE shall defend, hold harmless and indemnify ADAMS against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of ADAMS duties or resulting from the 673
4 exercise of judgment or discretion in connection with the performance of duties or responsibilities, unless 1) the act or omission of ADAMS involved willful misconduct and/or illegal activity, or 2) the legal action is brought by ADAMS against ORANGE or by ORANGE against ADAMS. ADAMS may request and ORANGE shall not unreasonably refuse to provide ADAMS independent legal representation at ORANGE’s expense. Legal representation provided by ORANGE for ADAMS shall continue until there is a final resolution of the legal action, including any appeals. ORANGE shall indemnify ADAMS against any and all losses, damages, judgments, interest, settlements, fines, court costs, attorneys' fees, and other reasonable costs and expenses of legal proceedings, and any other liabilities incurred by, imposed upon, or suffered by ADAMS in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of ADAMS’ duties, unless 1) such claims or actions arose out of the willful misconduct and/or illegal acts of ADAMS, or 2) such claims or losses resulted from legal action brought by ADAMS against ORANGE or by ORANGE against ADAMS. Settlement of any claim must be made with prior approval of ORANGE in order for indemnification, as provided for in this Section, to be available.

B. ORANGE agrees to pay all reasonable litigation expenses of ADAMS throughout the pendency of any litigation to which ADAMS is a party, witness or advisor to ORANGE. Such expense payments shall continue beyond ADAMS’ employment with ORANGE as long as litigation is pending.

6. NOTICES.

A. Any notice required or permitted by this Agreement shall be in writing and may be emailed to an address provided ADAMS. It shall further be personally served, or shall be sufficiently given and deemed served upon the other party if sent by United States Postal Service, postage prepaid, and addressed to the appropriate party as follows:

If to ORANGE: City Manager
c/o City Clerk
City of Orange
300 E. Chapman Ave.

Orange, CA 92866

If to ADAMS: Address on file with:

City of Orange
Human Resources Department
300 E. Chapman Ave.

Orange, CA 92866

674
5 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. Either party may change the location at which she or it receives notices by providing written notice of the new address at which notices are to be received.

7. GENERAL PROVISIONS.

A. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements which may have been entered into between the parties. No modification or revision of this Agreement shall be of any force or effect, unless the same is in writing and executed by the parties hereto. The City Manager is authorized to enter into and execute any amendments or modifications to this Agreement approved as to form by the City Attorney and agreeable to ADAMS.

B. Vehicle Operation: ADAMS shall comply with ORANGE’s
policies regarding operation of a vehicle on official business.

C. This Agreement shall become effective January 20, 2025, or upon approval by CalPERS, whichever shall occur first.

D. If any provision, or any portion thereof, in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable and shall remain in full force and effect.

IN WITNESS WHEREOF, ORANGE and ADAMS have each caused this Agreement to be duly executed by the persons whose signatures are subscribed below, each of whom is duly authorized to execute this Agreement. (Remainder of page intentionally left blank; signatures on next page)

675
6 CITY OF ORANGE, a municipal corporation ATTEST:

By:

Daniel R. Slater, Mayor Pamela Coleman, City Clerk

By:

Thomas C. Kisela, City Manager

By:

Mike Vigliotta, City Attorney

By:

Daniel L. Adams, Interim Chief of Police

By:

Monica Espinoza, Human Resources Director

√
676
Agenda Item
City Council
Item #: 10.1. 1/14/2025 File #: 24-0698
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Introduction and First Reading of Ordinance No. 01-25 amending the Orange Municipal Code as it relates to safe and sane fireworks; and adoption of a resolution establishing a fee, application process, lottery process, and number of permits to sell safe and sane fireworks. Resolution No. 11593.

2. SUMMARY
On May 14, 2024, the Orange City Council adopted Resolution No. 11545, placing Measure AA on the November 5, 2024, General Municipal Election ballot, submitting to the voters a question relating to the adoption of Ordinance No.10-24 regarding the sale, possession, and use of safe and sane fireworks. Orange voters approved Measure AA, adopting Ordinance No. 10-24 authorizing the sale, possession, and use of safe and sane fireworks. Ordinance No. 01-25 and Resolution No. 11593 establish the rules and procedures for selling, possessing, and using safe and sane fireworks.

3. RECOMMENDED ACTION

1. Introduce and conduct First Reading of Ordinance No. 01-25. An Ordinance of the City of Orange amending Chapter 8.13 of the Orange Municipal Code adopting rules and regulations regarding the sale, possession, and discharge of safe and sane fireworks and amending sections of Ordinance 07-22 of the Orange City Fire Code relating to safe and sane fireworks.

2. Adopt Resolution No. 11593. A Resolution of the City Council of the City of Orange, California, establishing a fee and adopting rules and regulations regarding the number of permits as well as the application and lottery process to sell “safeand sane”fireworks pursuant to Orange Municipal Code Chapter 8.13.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services.

6. DISCUSSION AND BACKGROUND
On March 12, 2024, the City Council directed staff to place a City measure on the November 5, 2024 General Election ballot. On May 14, 2024, the City Council adopted Resolution No. 11545, submitting to the voters a question relating to the adoption of a proposed ordinance (Ordinance No. 10-24) amending Chapter 8.13 of the Orange Municipal Code (OMC), permitting the sale, possession, and use of safe and sane fireworks.

Assigned the letter designation “AA”by the County Registrar of Voters, Measure AA was approved by City of Orange Printed on 1/9/2025Page 1 of 3
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677
Item #: 10.1. 1/14/2025 File #: 24-0698
Orange voters with a vote of 35,468 in favor and 22,503 not in favor.

On December 10, 2024, the City Council adopted Resolution No. 11583 which certified the results of the election and affirmed the adoption of Ordinance No. 10-24, permitting the sale, possession, and discharge of safe and sane fireworks.

Ordinance No. 10-24 states the City will adopt rules and regulations regarding the sale, possession, and discharge of safe and sane fireworks for private display via a City Council ordinance and/or resolution. The proposed rules and regulations are detailed in Ordinance No. 01-25 and Resolution No. 11593. Both are discussed in turn.

Ordinance No. 01-25
Ordinance No. 01-25 amends Chapter 8.13 of the OMC as well as the Orange City Fire Code. The following are the more significant rules and regulations detailed in the draft ordinance. · No persons under 18 shall sell or participate in the sale of safe and sane fireworks. · Safe and sane fireworks may be sold between noon and 10:00 p.m. on July 1 - 3, and between 10:00 a.m. and 9:00 p.m. on July 4.
· Safe and sane fireworks may not be sold or used in any area east of Hewes Street and east of Cannon Street north of Santiago Canyon Road.
· The wholesaler supplying the safe and sane fireworks must submit a public education plan to the Fire Department no later than 5:00 p.m. on June 1st of each year. · Safe and sane fireworks are not permitted on any public property (excluding residential sidewalks, alleys, and streets), commercial districts (except for nonconforming residential uses), and industrial/manufacturing districts (except for nonconforming residential uses). · Safe and sane fireworks may be used between noon and 10:00 p.m. on July 4.

Resolution No. 11593
Resolution No. 11593 establishes a fee, the number of permits the City will distribute, and the application and lottery process to receive a permit. Provided below are highlights of the proposed process.
· The City will issue no more than eight permits per year. · Qualified organizations will submit an application in March to be included in the lottery. · The lottery shall be conducted during a City Council meeting. · Groups selected in the lottery will submit a form detailing information that includes the individuals responsible for the fireworks stand, the safe and sane fireworks wholesaler information, the applicant’s temporary sales tax information from the California Board of Equalization, a City of Orange business license, and how the group proposes to sell safe and sane fireworks.
· Pursuant to State law, establishes a fee whereby the pro rata share of the actual and reasonable costs the City incurred cannot exceed 7% of gross sales.

Overall, Ordinance No. 10-24, as approved by Orange voters permits the sale, possession, and City of Orange Printed on 1/9/2025Page 2 of 3
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678
Item #: 10.1. 1/14/2025 File #: 24-0698
Overall, Ordinance No. 10-24, as approved by Orange voters permits the sale, possession, and discharge of safe and sane fireworks. Ordinance No. 01-25 and Resolution No. 11593 establish the regulatory scheme to put the City’s safe and sane fireworks program into action.

7. ATTACHMENTS
· Ordinance No. 01-25
· Resolution No.11593
City of Orange Printed on 1/9/2025Page 3 of 3
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679
Agenda Item
City Council
Item #: 10.1. 1/14/2025 File #: 24-0698
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

3. RECOMMENDED ACTION

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services.

Assigned the letter designation “AA”by the County Registrar of Voters, Measure AA was approved by City of Orange Printed on 1/9/2025Page 1 of 3
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680
Item #: 10.1. 1/14/2025 File #: 24-0698
Orange voters with a vote of 35,468 in favor and 22,503 not in favor.

Overall, Ordinance No. 10-24, as approved by Orange voters permits the sale, possession, and City of Orange Printed on 1/9/2025Page 2 of 3
powered by Legistar™
681
Item #: 10.1. 1/14/2025 File #: 24-0698
Overall, Ordinance No. 10-24, as approved by Orange voters permits the sale, possession, and discharge of safe and sane fireworks. Ordinance No. 01-25 and Resolution No. 11593 establish the regulatory scheme to put the City’s safe and sane fireworks program into action.

7. ATTACHMENTS
· Ordinance No. 01-25
· Resolution No.11593
City of Orange Printed on 1/9/2025Page 3 of 3
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682
ORDINANCE NO. 01-25

AN ORDINANCE OF THE CITY OF ORANGE
AMENDING CHAPTER 8. 13 OF THE ORANGE

MUNICIPAL CODE ADOPTING RULES AND

REGULATIONS REGARDING THE SALE,

POSSESSION, AND DISCHARGE OF SAFE AND

SANE FIREWORKS AND AMENDING SECTIONS OF
ORDINANCE 07 -22 OF THE ORANGE CITY FIRE

CODE RELATING TO SAFE AND SANE FIREWORKS

WHEREAS, the Orange City Council adopted Resolution 11583 on December 10, 2024, certifying the results of the November 5, 2024, General Municipal Election; and

WHEREAS, Measure AA was placed on the November 5, 2024, General Municipal Election ballot so Orange voters may consider amending the Orange Municipal Code so as to permit the sale, possession, and use of Safe and Sane Fireworks; and

WHEREAS, Measure AA was approved by Orange voters with a final vote of 61.18% in favor and 38.82% not in favor; and

WHEREAS, Ordinance No. 10-24 requires the City Council to adopt a resolution or ordinance prescribing reasonable rules and regulations to effectuate a Safe and Sane Fireworks program in the City of Orange.

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

SECTION I:

Chapter 8.13 and Sections of the City of Orange Fire Code of Ordinance 07-22 are repealed and replaced as follows:

Chapter 8.13 FIREWORKS

8.13.010. Fireworks prohibited except as authorized herein

It is unlawful for any person to possess, store, to offer for sale, expose to sale, sell at retail, or use or explode any fireworks, except as provided herein. The sale, possession and discharge of “safe and sane” fireworks for private display shall be permitted within the City, in accordance with rules and regulations adopted by ordinance or resolution, relating to the following: who may sell such fireworks; the limited dates and times when such fireworks may be sold and discharged; the manner, location, and any required permits for the sale, storage, posse ssion, discharge and/or disposal of such fireworks.

683
2 For purposes of this Chapter, “safe and sane” shall include those fireworks bearing the seal of the State Fire Marshal and that are “safe and sane fireworks” with the provisions of California Health and Safety Code Section 12529, or any successor provision thereto, and/or any other relevant provisions of State Law relevant thereto (i.e. California Code of Regulations and State Fire Marshal Regulations or Guidelines.)

Notwithstanding the above, the Fire Chief shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, association, or other organizations. Every such use or displ ay shall be handled by a competent operator approved by the Fire Chief and shall be such character and so located, discharged, or fired so as, in the opinion of the Fire Chief, after proper investigation, not to be hazardous to property or endanger any person.

8.13.020. Definitions.

The following words and phrases, as used in this Chapter, are defined as follows:

"City Manager" means the City Manager or his or her designee.

"Dangerous Fireworks" means "Dangerous Fireworks" as defined in Health and Safety Code Sections 12505 and 12561 and the relevant Sections of Title 19, Code of Regulations, Division 1, Chapter 6 as may be amended.

"Fire Chief " means the Fire Chief or his or her designee.

"Fireworks Stand" means any building, counter, or other structure of a temporary nature used in the sale, offering for sale or display for sale of Safe and Sane Fireworks.

"Fireworks Wholesaler" means any person, other than an importer, exporter or manufacturer selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale.

"Permit" means a certificate issued by the Fire Chief that allows a Qualified Organization chosen by way of a lottery to sell Safe and Sane Fireworks for the dates and times listed on the Permit. Issuance of a Permit does not confer to Permittee ANY PROPERTY RIGHT and the City may at its sole discretion, without notice or opportunity for hearing, revoke the Permit.

"Permit Application ” means a form provided by the City used to determine eligibility to participate in the Safe and Sane Fireworks lottery.

"Permittee" means a Qualified Organization that has received a Permit to sell Safe and Sane Fireworks.

"Public Display of Fireworks" means any event where the public is admitted or allowed to view the display or discharge of Safe and Sane Fireworks including private, theatrical or civic performances.

"Qualified Organization" means any nonprofit including but not limited to 501(c) (3) or other charity as defined by Federal or State law, or a group which is an integral part of or recognized 684
3 by a nonprofit or charity and in existence for at least one year prior to submitting a Permit Application or an elementary, junior high and/or high school and/or school district and recognized affiliates or public and/or private community college, college and/or university that serves, in whole or in part, the residents of the City and is located within the boundaries of the City. An organization either administratively or criminally guilty of violating any local, State or Federal law or that had a Permit revoked within 24 calendar months prior to the organization’s submittal of a Permit Application shall not be a Qualified Organization.

"Safe and Sane Fireworks" means Safe and Sane Fireworks as defined in Health and Safety Code Sections 12529 and 12562 and Title 19, Code of Regulations, Division 1, Chapter 6 as may be amended.

8.13.030. Administrative Regulations.

Unless specifically provided for in the Orange Municipal Code, the City Manager may adopt reasonable administrative regulations to further define processes and administration of this Chapter.

8.13.040. General Prohibition of Possession, Sale or Use of Fireworks.

Except as provided in this Chapter, no person shall possess, sell, use, display, or discharge any fireworks, including, but not limited to, any Dangerous Fireworks, altered Safe and Sane Fireworks, or other combustible device or explosive substance or any kind of fireworks by another name.

8.13.050. Safe and Sane Fireworks.

It shall be unlawful to possess, sell, display or discharge within the City those fireworks that are defined and classified as Safe and Sane Fireworks except as provided in this Chapter.

8.13.060. Exception—Public Displays and Theatrical Performances.

Notwithstanding any other provisions of this Chapter, the Fire Chief or his or her designee may at his or her sole discretion grant permits for public displays or theatrical performances of fireworks in accordance with the adopted Fire Code.

8.13.070. Safe and Sane Fireworks Sales—Permits Required.

It shall be unlawful to sell Safe and Sane Fireworks within the City without having first applied for and received a Permit.

8.14.080. Sale of Safe and Sane Fireworks—Application Process, Lottery, and Number of Permits.

The number of Permits as well as t he application and lottery process to receive a Permit for the sale of Safe and Sane Fireworks shall be done in accordance with the procedure s, rules, and regulations adopted by resolution of the City Council.
685
4 8.13.090. Safe and Sane Fireworks—Operation of Fireworks Stand.

A. No person shall knowingly sell fireworks to any person under the age of 18 years old.

B. It shall be illegal to sell fireworks except between noon and 10:00 p.m. on July 1st, 2nd and 3rd and between 10:00 a.m. and 9:00 p.m. on July 4th.

C. No person under the age of 18 years old shall sell or participate in the sale of Safe and Sane Fireworks.

D. No person shall be paid any consideration by the Permittee or any Fireworks Wholesaler of Safe and Sane Fireworks for selling or otherwise participating in the sale of Safe and Sane Fireworks. This shall not apply to licensed security personnel during sale or non -sale hours and to the party authorizing the location of the Fireworks Stand on its property. The Fire Chief or his or her designee may revoke the fireworks storage permit and/or local business permit of any Fireworks Wholesaler violating the terms of this section.

E. Safe and Sane Fireworks must remain at the location listed on the Permit unless written approval to relocate is obtained from the Fire Chief or designee.

F. Unsold Safe and Sane Fireworks shall be transported back to the Fireworks Wholesaler, outside of the City, in compliance with Department of Transportation regulations for transporting fireworks after 9:00 p.m. on July 4th.

8.13.100. Safe and Sane Fireworks—Permits.

Permittees shall apply for and obtain all City permits including but not limited to temporary event, electrical, and fire permits.

8.13.110. Safe and Sane Fireworks—Temporary Fireworks Stand.

A. Retail sales of Safe and Sane Fireworks are only permitted in Fireworks Stands; retail sales from any other building or structure are prohibited. Fireworks Stands must comply with NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, current edition of the California Fire Code, the California Code of Regulations, Title 19, Division 1, Chapter 10.

B. The Fire Chief or his or her designee may create additional rules and regulations for the operation of Fireworks Stands. A copy of any such rules and regulations shall be posted in a prominent place in each Fireworks Stand. Failure to comply with the rules and regulations shall be grounds for the immediate revocation of any Permit granted under this Chapter.

8.13.120. Safe and Sane Fireworks—Revocation of Permit.

The Fire Chief or his or her designee may revoke, immediately and without notice or hearing, the Permit of any Permittee who violates Federal, State or City laws. Any Permittee whose Permit has been revoked shall be ineligible to participate in the lottery for two years from the date of revocation.
686
5 8.13.130. Safe and Sane Fireworks—Limitation on Places and Hours of Discharge and Sale of Safe and Sane Fireworks.

A. It shall be unlawful for any person and Permittee to sell, ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition, discharge or projection thereof in any area located east of Hewes Street within the City's jurisdictional boundaries and any area located east of Cannon Street north of Santiago Canyon Road within the City's jurisdictional boundaries B. It shall be unlawful for any person to ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition, discharge or projection thereof, except on July 4th of each year between the hours of noon and 10:00 p.m.

C. It shall be unlawful for any person to ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition, discharge or projection thereof, upon or over or onto the property of another without his or her consent or to ignite, discharge, project or otherwise use any Safe and Sane Fireworks within 10 feet of any residence, dwelling or other structure.

D. It is unlawful for any person, firm or corporation to ignite, discharge, permit or otherwise use any fireworks, including Safe and Sane Fireworks, within the following areas of the City:

1. Any public property, including, but not limited to public streets, highways, sidewalks, alleys, parks or other publicly owned property , buildings or facilities; except for residential sidewalks, alleys and streets;

2. Any property within a commercial district of the City as defined by the Orange Zoning and Subdivision Code, except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this Chapter.

3. Any property within an industrial/manufacturing district of the City as defined by the Orange Zoning and Subdivision Code, except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section.

E. Fireworks shall not be ignited, discharged, projected or otherwise used within 300 feet of a Fireworks Stand.

F. It is unlawful for any person to store, sell or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable liquid is stored or dispensed.

8.13.140. Seizure of Fireworks.

The Fire Chief or his or her designee may seize, take, remove or cause to be removed, at the expense of the Permittee, Fireworks Wholesaler, or any person, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this Chapter.

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6 8.13.150. Fireworks Wholesaler Public Education Plan.

Each Fireworks Wholesaler who is supplying a Permittee Safe and Sane Fireworks shall annually submit a public education plan to the Fire Department no later than 5:00 p.m. on June 1st of each year. The components of the public education plan shall be approved by the Fire Chief or his or her designee each year.

8.13.160. Fees.

By resolution, the City Council will establish fees for costs incurred by the City in implementing this Chapter.

8.13.170. Miscellaneous.

This Chapter is not the exclusive regulation for fireworks within the City of Orange and does not supersede existing Federal, State or City statutes, regulations and ordinances.

Chapter 15.32 CITY OF ORANGE FIRE CODE

15.32.020 Amendments to the City of Orange Fire Code as adopted by Ordinance 07-22

105.5.56 Safe and Sane fireworks sales. [Added] An operational permit is required to operate a temporary fireworks stand in accordance with Chapter 8.13.

5601.2.2 Sale and retail display or use. [Amended] Persons shall not construct a retail display nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, public property or in Group A or E occupancies. The storage, use, sale possession, and handling of fireworks 1.4G (commonly referred to as Safe and Sane) is permitted under Chapter 8.13 of the Orange Municipal Code.

5601.2.2.1 Permits. [Added] A permit shall be required as set forth in Sections 105.5.56.

SECTION II:

Neither the adoption of this ordinance nor the amendment hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor to be construed as a waiver of any licen se or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City related to the same subject matter, shall be con structed as restatements and continuations, and not as new enactments.

SECTION III:

References to Prior Code – Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former adopted City of Orange Ordinances shall be construed to apply to the corresponding provisions. Ordinances in conflict herewith are hereby superseded and expressly repealed.
688
7 SECTION IV:

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

SECTION V:

The City Clerk is hereby directed to certify the adoption of th is 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 ___________________, 2025.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney, City of Orange

689
8 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 _____________, 2025, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 20 25 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

690
RESOLUTION NO. 11593

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE, CALIFORNIA, ESTABLISHING A

FEE AND ADOPTING RULES AND REGULATIONS

REGARDING THE NUMBER OF PERMITS AS WELL

AS THE APPLICATION AND LOTTERY PROCESS TO
SELL “SAFE AND SANE" FIREWORKS PURSUANT TO
ORANGE MUNICIPAL CODE CHAPTER 8.13.

WHEREAS, City of Orange voters approved Ordinance No. 10-24 allowing for the use, possession and discharge of " safe and sane" fireworks; and

WHEREAS, Ordinance No. 10-24 repealed and replaced the then -existing Orange Municipal Code Chapter 8.13; and

WHEREAS, Orange Municipal Code Chapter 8.13, as established by Ordinance No. 10- 24, provides that the City shall permit the sale, possession and discharge of " safe and sane" fireworks for private display within the City, in accordance with rules and regulations adopted by ordinance or resolution of the City Council, relating to the following: who may sell fireworks, the time periods in which they may be sold and discharged, the location where they may be discharged and the manner in which they may be disch arged, stored, disposed of etc., permits which may be required relating to fireworks, and similar provisions to protect the public health, safety, and welfare; and

WHEREAS, the City Council desires to adopt this Resolution to establish rules and regulations regarding the number of permits allowed each year as well as the application and lottery process to receive a permit as defined in Orange Municipal Code Chapter 8.13.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1:

The City Manager is hereby authorized to implement this resolution pursuant to Orange Municipal Code Chapter 8.13.

SECTION 2:

The maximum number of Permits issued to Qualified Organizations, as defined in Orange Municipal Code Chapter 8.13, shall be eight Permits per year.

A. Qualified Organizations interested in receiving a Permit must file applications with the City Manager’s Office or its designee beginning the first business day of March, 691
2 continuing up to 5:30 p.m. on the last business day in March of the same year, at which time the filing period for that year will be closed

B. The City Manager’s Office or its designee shall conduct a lottery to choose eight qualified Permittees that may sell fireworks in the City pursuant to Orange Municipal Code Chapter 8.13. The lottery will be conducted during a City Council meeting with the City Manager’s Office or its designee using some means of random selection.

C. In addition to the requirements of Orange Municipal Code Chapter 8.1 3, Qualified Organizations must be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; must have their principal and permanent meeting place within the City; provides direct and regular community services and benefits to the residents of the City; and have bona fide members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City.

D. If more than one application is submitted on behalf of any nonprofit organization or affiliated organization, the City may disregard one or all of the applications at its sole discretion. Any attempt to transfer an application shall void that application and may preclude an applicant from participating in the lottery in future years.

E. On a form provided by the City, Qualified Organizations shall provide: the proposed location of the fireworks stand; the name, address and 24 - hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location; and written permission from the owner of record and/ or lessor and/ or management company of the property upon which said fireworks stand is proposed to be located; the proof of the applicant' s status as a Qualified Organization; date when the applicant was organized and established; the names and addresses of the officers, if any, of the applicant; the name, address, and California State Fire Marshal's license number of any wholesaler or distributor from whom the Qual ified Organization proposes to purchase for resale; the applicant' s State Board of Equalization sales tax permit number; the manner, method and times regarding how the applicant proposes to sell Safe and Sane Fireworks; a copy of the requisite retail sales permit issued by the Office of the California State Fire Marshal; copy of a City of Orange business license, and evidence of a temporary sales tax permit from the California State Board of Equalization.

SECTION 3:

Permittees shall provide certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best' s rating of no less than an A.

A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a 692
3 general aggregate limit is used, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. " Claims made" designation is only acceptable for professional or pollution liability insurance. The City of Orange its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact.)

B. Any deductibles, self -insured retentions or similar forms of coverage limitations or modifications must be declared to and approved by the City.

C. Permittee shall include all sub - Permittees or subcontractors, if any, as insured under its policies or shall furnish separate certificates and endorsements for each sub - Permittees or subcontractors. All coverage for sub- Permittees shall be subject to all of the requirements stated herein.

SECTION 4:

Permittees agree, as a condition of receiving a Permit, to protect, defend, indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all third party claims, damages, losses, expenses, judgments, demands and defense costs, however caused, resulting from death or injury to Permittee employees, volunteers, customers, and/ or any third party, and/ or damage to Permittee property, arising directly or indirectly out of the obligations or operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly employed or volunteers or anyone for whose acts any of them may be liable, including but not limited to, concurrent active negligence, except where caused by the sole active negligence, or willful misconduct of the City.

In the event of an injury, claim, lawsuit, or any other dispute, the Permittee will conduct all legal defenses to those injuries, claims, lawsuits, or any other disputes, including the defense of the City if applicable, at its sole cost and expense, and at no cost or expense to the City.

The City shall approve selection of Permittee' s counsel. This defense and indemnity obligation shall apply to all claims and liability regardless of whether any defenses and insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Permittee.

SECTION 5:

Pursuant to Section 12635.5 of the Health and Safety Code, the City will require each applicant receiving a permit to pay a fee to the City a pro rata portion of the actual and reasonable costs the City incurred that is related to any of the following:

(1) Processing and issuing permits.

(2) Inspection of fireworks stands.
693
4 (3) Public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks, and the dangers and risks posed by the use of illegal fireworks.

(4) Enforcing the provisions of the code of the City with respect to the sale and use of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris. “Extra personnel time” means employee or contracted employee time that the City would not otherwise incur but for the sale and use of safe and sane fireworks.

(5) Fire operation and suppression efforts that are directly related to safe and sane fireworks.

The pro rata share of the costs shall be calculated using gross sales as shown on each permittee’s sales and use tax return for the applicable period. The pro rata share of costs shall not exceed 7 percent of the gross sales of the fireworks sold in the City during the applicable period.

The fee amount will be calculated on an annual basis and charged 60 days after the Fourth of July.

ADOPTED this ____ day of ____________________, 2025

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney, City of Orange

694
5 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
695
Assembly Bill No. 1705
CHAPTER 544
An act to amend Sections 14105.94, 14129, and 14129.3, and to add Section 14105.945 to, the Welfare and Institutions Code, relating to Medi-Cal.
[Approved by Governor October 7, 2019. Filed with Secretary of State October 7, 2019.]
legislative counsel’s digest
AB 1705, Bonta. Medi-Cal: emergency medical transportation services.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.

Existing law authorizes a Medi-Cal provider of ground emergency medical transportation services, that is owned or operated by the state, a city, county, city and county, fire protection district, special district, community services district, health care district, or a federally recognized Indian tribe, to receive supplemental Medi-Cal reimbursement, in addition to the rate of payment the eligible provider would otherwise receive for those services. Existing law requires the department to de velop a modified supplemental reimbursement program, with necessary federal approvals, that would seek to increase the reimb ursement to the abo ve-described eligible pro viders.

Existing la w requires the nonfederal share of an y supplemental reimbursement provided under the modified program to be deri ved from voluntary intergovernmental transfers of local funds. Existing la w states the Le gislature’s intent in enacting these pro visions to pro vide the supplemental reimb ursement without an y e xpenditure from the General Fund.

The bill would instead require the department to implement, subject to any necessary federal approvals, and no sooner than July 1, 2021, the Public Provider Intergovernmental Transfer Program (program), for the duration of an y Medi-Cal managed care rating period, and w ould authorize the department to continue conducting any administrative duties related to the above-specified supplemental Medi-Cal reimb ursement. The bill w ould require an eligible pro vider, defined, in part, as a pro vider of emer gency medical transport, to receive an add-on increase to the associated Medi-Cal fee-for-service payment schedule, and w ould require the department to develop the add-on increase pursuant to specified standards, including an eligible provider’s average cost directly associated with providing a Medi-Cal emergency medical transport under the Medi-Cal program. The bill would require Medi-Cal managed care health plans and emer gency medical

90 126696
transport providers to comply with specified federal standards relating to the payment standards for emer gency medical transport. The bill w ould limit the amount that a noncontract eligible pro vider may collect for emergency medical transport. The bill w ould require the department to assess a 10% fee on each transfer of public funds to the state to pay for health care coverage and to reimburse the department for its administrative costs relating to the program. The bill w ould limit the operation of the program on the condition that the program w ould be financially and programmatically supporti ve of the Medi-Cal program. The bill w ould authorize the department to implement these provisions by various means, including all-county letters or provider bulletins, without taking regulatory action.

Existing la w, the Medi-Cal Emer gency Medical Transportation Reimbursement Act, commencing July 1, 2018, and subject to federal approval and the a vailability of federal financial participation, imposes a quality assurance fee for each emergency medical transport provided by an emergency medical transport provider subject to the fee in accordance with a prescribed methodology. Existing law requires the Director of Health Care Services to deposit the collected quality assurance fee into the continuously appropriated Medi-Cal Emergency Medical Transport Fund, for exclusive use in a specified order of priority , including to enhance federal financial participation for ambulance services under the Medi-Cal program. Existing law requires each emer gency medical transport pro vider to report to the department specified data and material, including the number of actual emergency medical transports by payer type. The act increases Medi-Cal reimbursement to emer gency medical transport pro viders for emer gency medical transports.

The bill w ould exempt an eligible pro vider from the quality assurance fee and add-on increase for the duration of an y Medi-Cal managed care rating during which the Public Provider Intergovernmental Transfer Program is implemented.

The people of the State of California do enact as follows:

SECTION 1. Section 14105.94 of the Welfare and Institutions Code is amended to read:
14105.94. (a) An eligible provider, as described in subdivision (b), may, in addition to the rate of payment that the provider would otherwise receive for Medi-Cal ground emer gency medical transportation services, recei ve supplemental Medi-Cal reimbursement to the extent provided in this section. (b) A provider shall be eligible for supplemental reimb ursement if the provider has all of the following characteristics continuously during a state fiscal year:
(1) Provides ground emer gency medical transportation services to Medi-Cal beneficiaries.
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(2)  Is a provider that is enrolled as a Medi-Cal pro vider for the period being claimed.
(3)  Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Di vision 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. (c)  An eligible provider’s supplemental reimbursement pursuant to this section shall be calculated and paid as follows:
(1)  The supplemental reimbursement to an eligible provider, as described in subdi vision (b), shall be equal to the amount of federal financial participation recei ved as a result of the claims submitted pursuant to paragraph (2) of subdivision (f).
(2)  The amount certified pursuant to paragraph (1) of subdi vision (e), when combined with the amount recei ved from all other sources of reimbursement from the Medi-Cal program, shall not e xceed 100 percent of actual costs, as determined pursuant to the Medi-Cal State Plan, for ground emergency medical transportation services.
(3)  The supplemental Medi-Cal reimbursement provided by this section shall be distrib uted e xclusively to eligible pro viders under a payment methodology based on ground emer gency medical transportation services provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The department shall obtain approval from the federal Centers for Medicare and Medicaid Services for the payment methodology to be utilized, and may not mak e any payment pursuant to this section prior to obtaining that approval. (d)  (1)  It is the Le gislature’s intent in enacting this section to pro vide the supplemental reimb ursement described in this section without an y expenditure from the General Fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section.
(2)  The nonfederal share of the supplemental reimbursement submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in paragraph (3) of subdivision (b) and certified to the state as provided in subdivision (e).
(e)  Participation in the program by an eligible provider described in this section is v oluntary. If an applicable go vernmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider owned or operated by the entity, as described in paragraph (3) of subdivision (b), the governmental entity shall do all of the following:
90 Ch. 544 — 3 —

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(1)  Certify, in conformity with the requirements of Section 433.51 of Title 42 of the Code of Federal Regulations, that the claimed expenditures for the ground emer gency medical transportation services are eligible for federal financial participation.
(2)  Provide e vidence supporting the certification as specified by the department.
(3)  Submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation.
(4)  Keep, maintain, and ha ve readily retrievable, any records specified by the department to fully disclose reimb ursement amounts to which the eligible provider is entitled, and an y other records required by the federal Centers for Medicare and Medicaid Services.
(f)  (1)  The department shall promptly seek an y necessary federal approvals for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). If federal approval is not obtained for implementation of this section, this section shall not be implemented.
(2)  The department shall submit claims for federal financial participation for the e xpenditures for the services described in subdi vision (e) that are allowable expenditures under federal law.
(3)  The department shall annually submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law.
(g)  (1)  If a final judicial determination is made by any court of appellate jurisdiction or a final determination is made by the administrator of the federal Centers for Medicare and Medicaid Services that the supplemental reimbursement provided for in this section must be made to an y provider not described in this section, the director shall execute a declaration stating that the determination has been made and on that date this section shall become inoperative.
(2)  The declaration executed pursuant to this subdivision shall be retained by the director, provided to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Le gislative Counsel, and posted on the department’s internet website.
(h)  Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of pro vider bulletins, or similar instructions, without taking regulatory action. (i)  Notwithstanding any other law, this section shall become inoperative during the entirety of an y Medi-Cal managed care rating period in which Section 14105.945 is implemented, in whole or in part. The department may conduct any necessary and remaining administrati ve duties related to an y time period during which this provision remained operative, even after this 90 — 4 — Ch. 544

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section becomes inoperative, and may recei ve all compensation for those activities until paid in full.
(j) The department, in its sole discretion, may determine it has received all compensation for acti vities conducted pursuant to this section and completed all administrative duties related to time periods when this section was operative.

SEC. 2. Section 14105.945 is added to the Welfare and Institutions Code, to read:
14105.945. (a)  For purposes of this section, the follo wing definitions apply:
(1)  “Eligible pro vider” means a pro vider who is eligible for reimbursement of Medi-Cal emergency medical transports pursuant to this section, and who continually meets all of the following requirements during the entirety of any Medi-Cal managed care rating period that this section is implemented:
(A)  Provides emergency medical transports to Medi-Cal beneficiaries. (B)  Is enrolled as a Medi-Cal provider for the period being claimed. (C)  Is owned or operated by the state, a city , county, city and county , fire protection district or ganized pursuant to P art 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. (2)  (A)  “Emergency medical transport” means the act of transporting an individual from any point of origin to the nearest medical facility capable of meeting the emer gency medical needs of the patient by an amb ulance licensed, operated, and equipped in accordance with applicable state or local statutes, ordinances, or regulations that are billed with billing codes A0429 BLS Emer gency, A0434 Specialty Care Transport, A0225 Neonatal Emergency Transport, A0427 ALS Emergency, and A0433 ALS2, and any equivalent, predecessor, or successor billing codes, as may be determined by the director.
(B)  “Emergency medical transport” shall not include transportation of beneficiaries by passenger car, taxicab, litter van, wheelchair van, or other forms of public or pri vate conveyances, nor shall it include transportation by an air ambulance provider. An “emergency medical transport” does not occur if a transport is not provided following evaluation of a patient. (3)  “Medi-Cal managed care rating period” means a period selected by the department for which the actuarially sound capitation rates are developed and documented in the rate certification that the department submits to the federal Centers for Medicare and Medicaid Services as required by Section 438.7(a) of Title 42 of the Code of Federal Regulations. (b)  (1)  Commencing no sooner than July 1, 2021, the department shall implement the Public Pro vider Inter governmental Transfer Program 90 Ch. 544 — 5 —

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(program) pursuant to this section for an y Medi-Cal managed care rating period that the department has obtained necessary federal approvals. (2)  Notwithstanding any other law, during the entirety of any Medi-Cal managed care rating period for which the requirements of this section are implemented, in whole or in part, supplemental Medi-Cal reimbursements described in Section 14105.94 shall become inoperative. (c)  To the e xtent authorized under federal and state la w, an eligible provider shall receive increased reimbursement by application of an add-on increase, as determined pursuant to subdi vision (d), to the associated Medi-Cal fee-for-service payment schedule for emergency medical transports provided to applicable Medi-Cal beneficiaries.
(d)  The department shall de velop the state wide add-on increase to be provided under the program as follows:
(1)  The department shall determine an initial statewide add-on increase that is based on the most recent audited cost reports of eligible pro viders available at the time the add-on increase is developed, as determined by the department. In determining the initial state wide add-on increase, the department may make adjustments to account for inflation, trend, or other material changes, as appropriate under federal law and actuarial standards. (2)  The initial statewide add-on increase shall represent the dif ference between both of the following:
(A)  The a verage reimb ursement paid pursuant to the applicable base Medi-Cal fee-for-service payment fee schedule for an emer gency medical transport during the time period of the applicable cost-report to an eligible provider, and weighted according to those services provided by all eligible providers during the applicable time period.
(B)  The a verage cost directly associated with pro viding a Medi-Cal emergency medical transport under the Medi-Cal program by an eligible provider during the time period of the applicable cost-report, as determined based on all eligible pro viders’ audited cost reports pursuant to paragraph (1), and weighted according to those services pro vided by all eligible providers during the applicable time period.
(3)  For subsequent Medi-Cal managed care rating periods, the department, in consultation with participating eligible providers, and as determined by the department, may adjust periodically the initial statewide add-on increase to account for inflation, trend adjustments, or other material changes, as appropriate under federal law and actuarial standards.
(4)  To the extent that the department deems practicable, the department shall set a schedule for determining the state wide add-on increase before the department submits to the federal Centers for Medicare and Medicaid Services actuarially sound Medi-Cal managed care rates for an applicable Medi-Cal managed care rating period pursuant to subdivision (e). (5)  Once the department determines the add-on increase for a Medi-Cal managed care rating period, the add-on increase shall not be modified for that rating period unless the modification is required for purposes of receiving federal approval or claiming federal financial participation for the requirements of this section.
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(e)  (1)  A Medi-Cal managed care health plan shall satisfy its obligation under Section 438.114(c) of Title 42 of the Code of Federal Re gulations for emergency medical transport, and shall pro vide payment to applicable noncontract emergency medical transport providers consistent with Section 1396u-2(b)(2)(D) of Title 42 of the United States Code. (2)  During the entirety of any Medi-Cal managed care rating period that this section is implemented, the amounts a noncontract eligible pro vider may collect if a Medi-Cal beneficiary recei ved medical assistance other than through enrollment in a Medi-Cal managed care health plan pursuant to Section 1396u-2(b)(2)(D) of Title 42 of the United States Code shall be the resulting Medi-Cal fee-for-service payment schedule amounts after the application of the add-on increase described in this section. During the Medi-Cal managed care rating period that the requirements of this section are implemented, any reimbursement to a noncontract emergency medical transport provider that is not an eligible provider shall be made in accordance with subdivision (b) of Section 14129.3.
(f)  The Medi-Cal reimb ursement pro vided by this section shall be distributed exclusively to eligible providers under a payment methodology based on emergency medical transport provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis.
(g)  During the entirety of any Medi-Cal managed care rating period that this section is implemented, in whole or in part, the department shall provide appropriate funding to each applicable Medi-Cal managed care plan to account for the add-on increase oblig ations of these plans pursuant to this section in federally appro ved risk based capitation rates de veloped in accordance with Section 14301.1.
(h)  (1)  For any Medi-Cal managed care rating period that this section is implemented, the nonfederal share, which is associated with the add-on increase as it applies to the Medi-Cal fee-for-service payment schedule and the portion of the risk-based capitation rate to Medi-Cal managed care health plans, may consist of voluntary intergovernmental transfers of funds provided by eligible providers and their affiliated governmental entities or other public entities pursuant to Section 14164, as applicable. Upon pro viding an y intergovernmental transfer of funds, each transferring entity shall certify , in the form and manner specified by the department, that the transferred funds qualify for federal financial participation pursuant to applicable laws relating to the federal Medicaid program. Any intergovernmental transfer of funds made pursuant to this section shall be v oluntary for purposes of federal law.
(2)  The department shall assess a 10-percent fee on each transfer of public funds to the state pursuant to this subdivision to pay for health care coverage and to reimburse the department for its costs associated with administering the program. Excluding this fee, the department shall not assess a percentage fee in connection with any intergovernmental transfer of funds made pursuant to this subdivision.
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(3)  The department shall de velop and maintain, in consultation with participating eligible pro viders, a protocol and schedule for funding the nonfederal share of e xpenditures during a Medi-Cal managed care rating period that this section is implemented using v oluntary intergovernmental transfers.
(4)  This section does not limit or otherwise alter an y existing authority of the department to accept inter governmental transfers for purposes of funding the nonfederal share of expenditures in the Medi-Cal program. (i)  During the entirety of any Medi-Cal managed care rating period for which this section is implemented, in whole or in part, an eligible provider shall be exempt from the quality assurance fee and add-on increase pursuant to Article 3.91 (commencing with Section 14129).
(j)  This section shall cease to be operative on the first day of the Medi-Cal managed care rating period be ginning on or after the date the department determines, after consultation with participating eligible pro viders, that implementation of this section is no longer financially and programmatically supportive of the Medi-Cal program. The department shall mak e this determination if the projected amount of nonfederal share funds a vailable for an applicable Medi-Cal managed care rating period is insufficient to support implementation of this section in the subject Medi-Cal managed care rating period. The department shall post notice of the determination on its internet website.
(k)  The director may modify an y process or methodology specified in this section to the e xtent necessary to comply with state or federal la w or regulations, or to secure or maintain federal appro val or federal financial participation. If the director determines, after consulting with participating eligible providers, that a modification to the process or methodology is necessary, the director shall e xecute a declaration stating that this determination has been made and describing the modification. The director shall retain the declaration and provide a copy, within five working days of the e xecution of the declaration, to the fiscal and appropriate polic y committees of the Legislature. The director shall post the declaration on the department’s internet website.
(l)  Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of all-county letters, provider bulletins, plan letters, or other similar instructions without taking regulatory action.
(m)  (1)  The department shall implement this section only to the e xtent that federal financial participation is a vailable and an y necessary federal approvals are obtained.
(2)  The department shall promptly seek any necessary federal approvals for the implementation of this section for an applicable Medi-Cal managed care rating period.

SEC. 3. Section 14129 of the Welfare and Institutions Code is amended to read:
14129. For purposes of this article, the following definitions apply:
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(a)  “Annual quality assurance fee rate” means the quality assurance fee assessed on each emergency medical transport during each applicable state fiscal year.
(b)  “Aggregate fee schedule amount” means the product of the fee-for-service add-on increase described in Section 14129.3 and the Medi-Cal emer gency medical transports, including both fee-for -service transports paid by the department and managed care transports paid by Medi-Cal managed care health plans, utilizing the billing codes for emergency medical transport for the state fiscal year.
(c)  “Available fee amount” shall be calculated as the sum of the following:
(1)  The amount deposited in the Medi-Cal Emergency Medical Transport Fund established under Section 14129.2 during the applicable state fiscal year, less the amounts described in subparagraphs (A) and (B) of paragraph (2) of subdivision (f) of Section 14129.2.
(2)  Any federal financial participation obtained as a result of the deposit of the amount described in paragraph (1) in the Medi-Cal Emer gency Medical Transport Fund, created pursuant to Section 14129.2, for the applicable state fiscal year.
(d)  “Department” means the State Department of Health Care Services. (e)  “Director” means the Director of Health Care Services. (f)  “Effective state medical assistance percentage” means a ratio of the aggregate expenditures from state-only sources for the Medi-Cal program divided by the aggre gate expenditures from state and federal sources for the Medi-Cal program for a state fiscal year.
(g)  “Emergency medical transport” means the act of transporting an individual from any point of origin to the nearest medical f acility capable of meeting the emer gency medical needs of the patient by an emer gency medical transport provider by means of an amb ulance licensed, operated, and equipped in accordance with applicable state or local statutes, ordinances, or re gulations that are billed with billing codes A0429 BLS Emergency, A0427 ALS Emer gency, A0434 Specialty Care Transport, A0225 Neonatal Emer gency Transport, and A0433 ALS2, and an y equivalent, predecessor, or successor billing codes as may be determined by the director. “Emergency medical transport” excludes transportation of beneficiaries by passenger car, taxicabs, litter vans, wheelchair vans, other forms of public or pri vate con veyances, and transportation by an air ambulance pro vider. An “emer gency medical transport” does not occur when, following evaluation of a patient, a transport is not provided. (h)  “Gross receipts” means gross payments recei ved as patient care revenue for emergency medical transports, determined on a cash basis of accounting. “Gross receipts” includes all payments received as patient care revenue for emergency medical transports, including payments for billing codes A0429 BLS Emergency, A0427 ALS Emergency, and A0433 ALS2, and an y equi valent, predecessor , or successor billing codes as may be determined by the director, and any other ancillary billing codes associated with emergency medical transport as may be determined by the director . 90 Ch. 544 — 9 —

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“Gross receipts” e xcludes supplemental amounts recei ved pursuant to Sections 14105.94 or 14105.945.
(i)  “Emergency medical transport pro vider” means an y pro vider of emergency medical transports, e xcept that during an y Medi-Cal managed care rating period for which Section 14105.945 is implemented “emergency medical transport provider” shall exclude “eligible providers” as defined in paragraph (1) of subdivision (a) of Section 14105.945 for purposes of this article.
(j)  “Emergency medical transport provider subject to the fee” means all emergency medical transport pro viders who bill and recei ve patient care revenue from the pro vision of emer gency medical transports, e xcept emergency medical transport pro viders that are e xempt pursuant to subdivision (c) of Section 14129.6.
(k)  “Medi-Cal managed care health plan” means a “managed health care plan” as that term is defined in subdivision (ab) of Section 14169.51.

SEC. 4. Section 14129.3 of the Welfare and Institutions Code is amended to read:
14129.3. (a) Except as provided in subdivision (i) of Section 14105.945, commencing July 1, 2018, and for each state fiscal year thereafter for which this article is operati ve, reimb ursement to emer gency medical transport providers for emergency medical transports shall be increased by application of an add-on to the associated Medi-Cal fee-for-service payment schedule.

The add-on increase to the fee-for -service payment schedule under this section shall be calculated on or before June 15, 2018, and shall remain the same for later state fiscal years for which this article is operati ve, to the extent the department determines federal financial participation is available and is not otherwise jeopardized. The add-on increase to the fee-for-service payment schedule under this section shall apply only to those billing codes identified in, or any equivalent, predecessor, or successor billing codes as may be determined by the director pursuant to, subdi vision (g) of Section 14129. The department shall calculate the projections required by this subdivision based on the data submitted pursuant to Section 14129.1. The fee-for-service add-on shall be equal to the quotient of the a vailable fee amount projected by the department on or before June 15, 2018, for the 2018–19 state fiscal year, divided by the total Medi-Cal emergency medical transports, including both fee-for-service transports paid by the department and managed care transports paid by Medi-Cal managed care health plans, utilizing these billing codes projected by the department on or before June 15, 2018, for the 2018–19 state fiscal year . The resulting fee-for -service payment schedule amounts after the application of this section shall be equal to the sum of the Medi-Cal fee-for -service payment schedule amount for the 2015–16 state fiscal year and the add-on increase.
(b) (1) Each applicable Medi-Cal managed care health plan shall satisfy its obligation under Section 438.114(c) of Title 42 of the Code of Federal Regulations for emergency medical transports and shall pro vide payment to noncontract emergency medical transport providers consistent with Section 1396u-2(b)(2)(D) of Title 42 of the United States Code. Ef fective July 1, 90 — 10 — Ch. 544

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2018, and for each state fiscal year thereafter for which this article is operative, the amounts a noncontract emergency medical transport provider could collect if the beneficiary received medical assistance other than through enrollment in a Medi-Cal managed care health plan pursuant to Section 1396u-2(b)(2)(D) of Title 42 of the United States Code shall be the resulting fee-for-service payment schedule amounts after the application of this section.
(2)  This subdivision shall not apply to an eligible pro vider, as defined in paragraph (1) of subdi vision (a) of Section 14105.945, who pro vides noncontract emergency medical transports to an enrollee of a Medi-Cal managed care plan during an y Medi-Cal managed care rating period that Section 14105.945 is implemented.
(c)  The increased payments required by this section shall be funded solely from the following:
(1)  The quality assurance fee set forth in Section 14129.2, along with any interest or other investment income earned on those funds. (2)  Federal reimbursement and any other related federal funds. (d)  The proceeds of the quality assurance fee set forth in Section 14129.2, the matching amount provided by the federal government, and any interest earned on those proceeds shall be used to supplement existing funding for emergency medical transports pro vided by emer gency medical transport providers and not to supplant this funding.
(e)  Notwithstanding this article, the department may seek federal approval to implement any add-on increase to the fee-for-service payment schedule pursuant to this section for any state fiscal year or years, as applicable, on a time-limited basis for a fix ed program period, as determined by the department.
(f)  Notwithstanding this article, the add-on increase to the fee-for-service payment schedule pursuant to this section shall only be required and payable for state fiscal years that a quality assurance fee payment obligation exists for emergency medical transport providers.

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Orange City CouncilJanuary 14, 2025

Orange City Council
January 14, 2025