ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current an d valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or sinc e the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prev ailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 805
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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 806
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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 807
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts
(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 809
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 810
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 811
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each cal endar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program
(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or underg o testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 812
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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a s ubcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 813
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1 -to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which th e apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002 -03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Indust rial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
814
Attachment No. 1
(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records incl ude, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to recei ve any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate th e process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
Section 1813. Forfeiture for violations; contract stipulation; report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 815
Attachment No. 1
the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the executi on of the contract, and shall report them to the Division of Labor Standards Enforcement.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
816
Attachment No. 2
ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and f ormed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 817
Attachment No. 2
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying w hat portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutu ally agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and conf er for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 818
Attachment No. 2
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 819
Annual Pipeline Renewal Project(Quest Bid #9857948)
Bid 25-26.04
Bid Opening: 10/2/25
Line Item Item Description UofMQuantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 Mobilizations/Demo/Phasing (not to exceed 2.5% of total cost) LS 1 $33,651.00 $33,651.00 28,400.00$ 28,400.00$ 30,000.00$ 30,000.00$ 25,000.00$ 25,000.00$ 35,000.00$ 35,000.00$ 75,000.00$ 75,000.00$ 44,015.00$ 44,015.00$ 50,000.00$ 50,000.00$ 60,000.00$ 60,000.00$ 2 6" C900 LF 13.5 $211.15 $2,850.53 250.00$ 3,375.00$ 500.00$ 6,750.00$ 350.00$ 4,725.00$ 218.00$ 2,943.00$ 200.00$ 2,700.00$ 721.40$ 9,738.90$ 500.00$ 6,750.00$ 750.00$ 10,125.00$ 3 8" C900 LF 3,395 $211.15 $716,854.25 150.00$ 509,250.00$ 157.00$ 533,015.00$ 205.00$ 695,975.00$ 232.00$ 787,640.00$ 275.00$ 933,625.00$ 226.38$ 768,560.10$ 265.00$ 899,675.00$ 330.00$ 1,120,350.00$ 4 Remove existing fire hydrant EA 8 $1,030.00 $8,240.00 2,000.00$ 16,000.00$ 1,250.00$ 10,000.00$ 5,500.00$ 44,000.00$ 750.00$ 6,000.00$ 2,000.00$ 16,000.00$ 2,040.35$ 16,322.80$ 3,500.00$ 28,000.00$ 5,250.00$ 42,000.00$ 5 New fire hydrant EA 11 $14,420.00 $158,620.00 12,000.00$ 132,000.00$ 15,000.00$ 165,000.00$ 16,500.00$ 181,500.00$ 16,150.00$ 177,650.00$ 17,500.00$ 192,500.00$ 12,227.71$ 134,504.81$ 38,000.00$ 418,000.00$ 27,000.00$ 297,000.00$ 6 2" Air Vac EA 2 $8,000.00 $16,000.00 9,000.00$ 18,000.00$ 9,500.00$ 19,000.00$ 15,000.00$ 30,000.00$ 15,500.00$ 31,000.00$ 9,500.00$ 19,000.00$ 10,370.14$ 20,740.28$ 12,000.00$ 24,000.00$ 15,000.00$ 30,000.00$ 7 New 3/4" service with new radio read wm EA 41 $2,575.00 $105,575.00 3,000.00$ 123,000.00$ 5,000.00$ 205,000.00$ 4,500.00$ 184,500.00$ 4,750.00$ 194,750.00$ 2,950.00$ 120,950.00$ 7,439.75$ 304,619.75$ 4,500.00$ 184,500.00$ 6,300.00$ 258,300.00$ 8 New 1" service with new radio read wm EA 4 $3,090.00 $12,360.00 7,000.00$ 28,000.00$ 5,500.00$ 22,000.00$ 5,000.00$ 20,000.00$ 4,750.00$ 19,000.00$ 3,250.00$ 13,000.00$ 7,316.90$ 29,267.60$ 6,000.00$ 24,000.00$ 6,750.00$ 27,000.00$ 9 New 6" DI gate valve EA 1 $3,347.50 $3,347.50 2,200.00$ 2,200.00$ 4,000.00$ 4,000.00$ 2,000.00$ 2,000.00$ 2,850.00$ 2,850.00$ 3,250.00$ 3,250.00$ 5,702.27$ 5,702.27$ 5,000.00$ 5,000.00$ 5,250.00$ 5,250.00$ 10 New 8" DI gate valve EA 26 $3,862.50 $100,425.00 2,700.00$ 70,200.00$ 4,250.00$ 110,500.00$ 3,000.00$ 78,000.00$ 3,500.00$ 91,000.00$ 4,250.00$ 110,500.00$ 4,936.47$ 128,348.22$ 6,500.00$ 169,000.00$ 7,500.00$ 195,000.00$ 11 Concrete Cross-Gutter Replacement SF 205 $56.65 $11,613.25 30.00$ 6,150.00$ 75.00$ 15,375.00$ 60.00$ 12,300.00$ 225.00$ 46,125.00$ 75.00$ 15,375.00$ 169.33$ 34,712.65$ 50.00$ 10,250.00$ 120.00$ 24,600.00$ 12 2" A.C. Pavement Overlay - Surface Course (5' WIDE)TON 470 $275.00 $129,250.00 350.00$ 164,500.00$ 361.00$ 169,670.00$ 300.00$ 141,000.00$ 285.00$ 133,950.00$ 375.00$ 176,250.00$ 337.55$ 158,648.50$ 175.00$ 82,250.00$ 405.00$ 190,350.00$ 13 Traffic Control, Signing and Striping LS 1 $13,184.00 $13,184.00 50,000.00$ 50,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 19,500.00$ 19,500.00$ 35,000.00$ 35,000.00$ 5,304.44$ 5,304.44$ 25,000.00$ 25,000.00$ 45,000.00$ 45,000.00$ 14 Project Information Signs LS 2 $2,060.00 $4,120.00 1,500.00$ 3,000.00$ 500.00$ 1,000.00$ 1,000.00$ 2,000.00$ 1,200.00$ 2,400.00$ 1,500.00$ 3,000.00$ 10,126.39$ 20,252.78$ 4,000.00$ 8,000.00$ 13,500.00$ 27,000.00$ 15 Offset assembly EA 6 $7,210.00 $43,260.00 6,000.00$ 36,000.00$ 5,000.00$ 30,000.00$ 3,000.00$ 18,000.00$ 3,500.00$ 21,000.00$ 5,500.00$ 33,000.00$ 13,312.15$ 79,872.90$ 14,800.00$ 88,800.00$ 15,000.00$ 90,000.00$ Total: 1,359,350.53$ $1,190,075.00 $1,336,310.00 $1,454,000.00 $1,570,808.00 $1,749,150.00 $1,760,611.00 $2,023,255.00 $2,421,975.00 7 Ramona, IncBig Ben, Inc Dominguez Engineering, Inc Stephen Dorek Equipment, Inc 2 3 4
City of Orange Summary of Bid Abstracts for:
1 5 6 8
Engineer Estimate All Cities Engineering, Inc CEM Construction Corp Giles Engineering CHI Construction 820
Agenda Item
Orange City Council
Item #: 3.12. 11/12/2025 File #: 25-0626
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 12, Title 16, and Title 17 of the Orange Municipal Code to update duties and responsibilities of the Design Review Committee. Ordinance No. 18-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 28, 2025. Pursuant to Council direction, the definition of “Historic building inventory” has been updated to include the 2018 addition of the Eichler Districts.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES:Bilodeau, Dumitru, Tavoularis, Gyllenhammer, Slater
NOES: Barrios, Gutierrez
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 18-25.
4. ATTACHMENTS
· Ordinance No. 18-25
City of Orange Printed on 11/6/2025Page 1 of 1
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Agenda Item
Orange City Council
Item #: 3.12. 11/12/2025 File #: 25-0626
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 12, Title 16, and Title 17 of the orange Municipal Code to update duties and responsibilities of the Design Review Committee. Ordinance No. 18-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 28, 2025. Pursuant to Council direction, the definition of “Historic building inventory” has been updated to include the 2018 addition of the Eichler Districts.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES:Bilodeau, Dumitru, Tavoularis, Gyllenhammer, Slater
NOES: Barrios, Gutierrez
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 18-25.
4. ATTACHMENTS
· Ordinance No. 18-25
City of Orange Printed on 11/6/2025Page 1 of 1
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ORDINANCE NO. 18-25
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 12,
TITLE 16 AND TITLE 17 OF THE ORANGE
MUNICIPAL CODE TO UPDATE DUTIES AND
RESPONSIBILITIES OF THE DESIGN REVIEW
COMMITTEE
WHEREAS, the City of Orange Design Review Committee (DRC) was established in 1974 to uphold community aesthetics by reviewing the architectural design of new buildings and structures; and
WHEREAS, the City Council recognizes the need to modernize and streamline the design- review process to improve efficiency, reduce redundancy, and ensure timely decision-making while maintaining the City’s longstanding commitment to design excellence and historic preservation; and
WHEREAS, on October 7, 2025, the Planning Commission of the City of Orange conducted a duly noticed public hearing and adopted Resolution No. PC-2025-24, recommending that the City Council approve this ordinance as consistent with the General Plan and in the public interest; and
WHEREAS, the Planning Commission’s recommendation was based on findings that the proposed amendments clarify review responsibilities among the Community Development Director, Design Review Committee, and Planning Commission, and that they will improve coordination and transparency in the review of new development and alterations to existing buildings; and
WHEREAS, the City Council finds that this ordinance constitutes an administrative activity that does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment, and therefore is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378; and WHEREAS, all new development projects will remain subject to project-level environmental review under CEQA, ensuring that the City continues to evaluate potential impacts to historic resources, aesthetics, and related environmental factors; and WHEREAS, the City Council further finds that this ordinance is consistent with the Orange General Plan, including the Community Design Element and the Cultural Resources & Historic Preservation Element, by maintaining the DRC’s role for projects meeting the Historic Threshold, applying the Secretary of the Interior’s Standards to eligible resources, and supporting high-quality architectural design citywide; and
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2 WHEREAS, the ordinance complements General Plan goals to preserve the distinctive character of Old Towne and other historic neighborhoods while facilitating economic vitality and predictable permit processing for applicants; and
WHEREAS, notice of this public hearing was given in compliance with Government Code Section 65090 and Orange Municipal Code Section 17.08.040, including publication of a legal notice on October 2, 2025 in a newspaper of general circulation; and WHEREAS, the City Council finds that the public hearing was properly noticed and conducted, all persons wishing to be heard were given the opportunity to testify, and the City Council has carefully considered the entire administrative record, including the Planning Commission’s recommendation, staff report, and written and oral comments; and WHEREAS, the City Council finds that adoption of this ordinance will promote the public health, safety, and welfare by maintaining strong design and historic-preservation standards, improving administrative efficiency, and ensuring consistency and fairness in the City’s development-review process; and
WHEREAS, the City Council further finds that these amendments advance the City’s goals for efficient government, community character, and responsible stewardship of Orange’s historic and architectural heritage.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
This Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15061(b)(3) and 15378, because it is an administrative activity undertaken by a local government, involves general City policy and procedure, and its adoption does not have the potential to result in direct or indirect physical changes to the environment SECTION II:
Section 12.18.080(O) of the Orange Municipal Code, “Streets, Sidewalks and Public Places - Outdoor Dining on Public Walkways - Outdoor Dining Permit Standards,” is hereby amended in its entirety to read as follows:
O. No signs are permitted in the outdoor dining area with the exception of a menu sign.
Business names may be permitted on the valance of the awnings and/or umbrellas, as approved by the Community Development Director; however, commercial and product logos are not permitted on the valance of awnings and/or on umbrellas or in any other outdoor display.
SECTION III:
Section 16.35.060 of the Orange Municipal Code, “Subdivisions – Vesting Tentative Maps - Filing,” is hereby amended in its entirety to read as follows:
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3 16.35.060 - Filing.
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as set forth in other provisions of Title 16 for a tentative map, except as hereinafter provided:
A. Subdivider shall obtain all necessary zone changes prior to or concurrent with filing a vesting tentative map.
B. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words: "Vesting Tentative Map."
C. At the time a vesting tentative map is filed, a subdivider shall also supply the following information:
1. Plans and drawings;
2. Sewer, water, storm drain, and road details;
3. Geological studies;
4. Flood control information;
5. School impact analysis;
6. Traffic impact analysis;
7. Detailed grading plans;
8. Solar access, passive or natural heating or cooling opportunities analysis;
9. Signing program (advertising, locational, and safety signing systems);
10. Any other material considered essential to the proper evaluation of the project (i.e.; open space maintenance responsibilities, provisions made for trails and/or parks and their maintenance responsibilities).
NOTE: All developments require compliance with the California Environmental Quality Act.
Some of the above information may be included in reports prepared for that purpose. If so, the information requested above the need only be referenced to the E.I.R.
SECTION IV:
Section 17.04.022 of the Orange Municipal Code, “Zoning–Definitions– “C” Definitions,” is hereby amended in its entirety to read as follows:
Section 17.04.022 – “C” Definitions
"Caretaker mobile home" means a mobile home, placed on either a permanent or temporary foundation, established on any premises as living quarters for a person or persons responsible for the maintenance and/or security of those premises.
"Caretaker's residence" means a dwelling unit accessory to a principal use on a site and intended for occupancy on same site for a caretaker, security guard, servant, or similar position generally requiring residence on the site.
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4 "Carport" means a roofed structure providing space for the parking or storage of motor vehicles, but not fully enclosed.
"Cellular" means an analog or digital wireless communication technology that provides services such as two-way mobile voice and data communications, paging, voice mail, electronic mail, conference calling, and facsimile.
"Cemetery" means property used for the interring of the dead including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of a cemetery.
"Centerline" means the right-of-way centerline as established by the County Engineer of the County, by the City Engineer of any city within the County, by the State Division of Highways of the State of California.
"Church" means an institution providing facilities for worship or the assemblage of the public for worship, including personal counseling, education (church schools), day care, and the building or buildings where such activities take place.
"Clinic" means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight.
"Club" means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws. "Cluster development" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features. "Co-location" means the locating of wireless communication equipment/antennas by more than one wireless service provider on a single building-mounted, roof-mounted, or ground-mounted wireless communication facility.
"Commercial recreation and entertainment" means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge.
Does not include "adult-oriented businesses" or "bars, lounges, and nightclubs." Illustrative examples of commercial recreation and entertainment uses include: athletic clubs, bowling alleys, ice/roller skating rinks, scale-model courses, and similar uses. "Commercial use" means an activity, normally retail sales, carried out for monetary gain. "Common area" means land held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner. 826
5 "Common facility" means a noncommercial use established primarily for the benefit and enjoyment of the community in which it is located, typically utility or service use oriented. "Communal housing" means for nonfamily groups with common kitchen and dining facilities but without medical, psychiatric or other care including boardinghouses, lodging houses, dormitories, fraternity/sorority houses, communes, and religious homes. "Community care facilities" means any facility, place or building where non-medical care and supervision are provided for seven or more persons (does not include the licensee or members of the licensee's family or persons employed as facility staff). "Community center" means a facility operated to provide recreational, cultural or other similar activities.
"Conditional use permit" means a zoning instrument used primarily to review the location, site development, or conduct of certain land uses. These are uses which generally have a distinct impact on the area in which they are located, or are capable of creating special problems for bordering properties unless given special attention. A conditional use permit is granted at the discretion of the Planning Commission or Zoning Administrator and is not the automatic right of any applicant. "Condominium" means a building or group of buildings owned on a proportional basis with a specific benefit of ownership being the right to occupy an individual unit located within the structure(s).
"Convalescent facility" means a use providing bed care and in-patient services for persons requiring regular medical attention, and persons aged or infirm unable to care for themselves, excluding surgical or emergency medical services.
"Convalescent hospital" means a facility providing long-term nursing, dietary and other medical services to convalescents or invalids but not providing surgery or primary treatments such as are customarily provided in a hospital. A convalescent hospital must be licensed by the State as such. "Convenience market" means a retail food market providing goods and other services on an extended hour basis.
"Coop" means a coop is a place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of birds.
"Copy center" means a commercial establishment that provides services such as document copying, word processing, scanning, binding, sorting, laminating, mounting and other similar services; computer terminal rentals are permitted as an incidental use, provided that less than 50% of the business is devoted to computer terminal rentals. "Corner cut-off" means the triangular area created by measuring from a corner a given distance along each property line or driveway and connecting the points at the end of those lines. 827
6 "Country club" means a club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures. "Cultural resource" means any structure, portion of a structure, improvement, district, or any grouping of structures or improvements related to one another by virtue of their sharing of common characteristics or uses, and any natural feature, landscape, site, area or object of scientific, aesthetic, educational, cultural, architectural, landscape architectural, archaeological, or historic significance to the citizens of the City and the State of California, the Southern California region or the nation which is listed in the National Register or is eligible for listing in the National Register.
"Curb grade" means the level of the established curb in front of a building, as measured at the center of the frontage.
SECTION V:
Section 17.04.027 of the Orange Municipal Code, “Zoning–Definitions– “H” Definitions,” is hereby amended in its entirety to read as follows:
Section 17.04.027 – “H” Definitions
"Handicapped housing" means any housing which is designed and physically improved to accommodate physically handicapped persons.
"Health facility" means any facility, place or building which is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental. For a complete definition, refer to Section 1250 of the California Health and Safety Code. "Historic building inventory" means the list of nominated cultural resources worthy of preservation within the City which have been identified in the 1982 Historic Survey as commissioned by the City. Updates to the Historic Inventory in 1992 and 2005 included both an update of contributing structures and non-contributing structures within the square-mile Old Towne District, and potential landmarks citywide, with the first surveying of the Eichler Tracts in 2005. “Historic – Contributing structures" means all pre-1940 buildings and structures so identified in the City’s Historic Building Inventory.
“Historic – Noncontributing structures" means buildings within a Historic District which do not contribute to the district because the buildings are contemporary in architectural style or are less than 50 years old.
"Historic district" means a geographically definable area which: (1) possesses a significant concentration, linkage or continuity of sites, buildings, improvements or objects united by past events, architectural style or design, or aesthetically by plan or physical development, and (2) is comprised of individual elements separated geographically but linked by association or history. 828
7 "Historic Threshold" means any property that is (1) located within City historic districts, (2) listed in the City’s historic resource inventory, or (3) is a property greater than 50 years old with significant historic, architectural, or cultural value as determined by the Community Development Director.
"Home occupation" means any accessory activity carried out for financial gain which is conducted within a dwelling unit or an accessory structure to the unit. The principal use of the dwelling unit must be a residential use, and the home occupation must be incidental to the residential use of the dwelling unit. Home occupation activities shall involve the use of materials and equipment only found customarily in a residential unit.
"Homeless shelter" means a building that provides immediate and short-term overnight sleeping accommodations for homeless persons or families, with limited on-site supporting services. No person or family may be denied shelter at this facility due to the inability to pay. Temporary shelters established in response to an emergency or disaster (such as flood, fire or cold-weather occurrences), or temporary shelters ancillary to a church use do not fall within this definition. As used in this code, "homeless shelter" shall have the same meaning as "emergency shelter," as contained in state law. Notwithstanding, these uses shall comply with federal, state and local regulations as applicable.
"Homeowners association" means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, and/or facilities.
"Hospital" means an institution consisting of a facility licensed by the State Department of Public Health for the provision of clinical, temporary or emergency service of a medical, obstetrical or surgical nature to human patients, including overnight care of patients. "Hot dog vending cart" means a portable, non-motorized device, operating outside of a building, from which a vendor primarily sells hot dogs.
"Hotel" means a residential building designed or used to be rented for transient occupancy by guests for dwelling, lodging, or sleeping purposes containing six or more guest rooms or suites of rooms not containing cooking facilities, but not including any building in which human beings are housed or detained under legal restraint or which is used as a drug or other rehabilitation center.
SECTION VI:
Section 17.04.033 of the Orange Municipal Code, “Zoning–Definitions– “N” Definitions,” is hereby amended in its entirety to read as follows:
Section 17.04.033 – “N” Definitions
"National Register" means the National Register of Historic Places maintained by the Secretary of the Interior under authority of the Historic Sites Act of 1935 and the National Historic Preservation Act.
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8 "Nominated resource" means those structures, buildings, places, urban design features and other objects for which application for designation has been made. "Nonconforming land" means a parcel the size, dimensions or use of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. "Nonconforming structure" means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. "Nursing home" means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
SECTION VII:
The Table in Section 17.08.020, “Zoning – General Administrative Procedures – Reviewing Bodies,” is hereby amended in its entirety to read as follows:
There are five reviewing bodies established to administer the provisions of the zoning ordinance and general plan. These five reviewing bodies have authority to make decisions and/or recommendations for applications as outlined in Table 17.08.020:
Table 17.08.020
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Administrative Design Review X(1)
Administrative Adjustment Permit X
Alcohol Production Permit X
Conditional Use Permit A A(1) X(1) X(1) X(1)
Design Review - Historic A/X(1) X(1)
Design Review – Non-Historic X(1)
Environmental Documentation A X(1) X(1)
General Plan Amendment A A X
Neighborhood Preservation Overlay Applications A/X(1) X(1) Director Administrative Interpretations X
Demolition Permit - Historic A X(1) X
Demolition Permit – Non-Historic X(1)
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9 Table 17.08.020
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Reasonable Accommodation X(1)
Site Plan Review— Major A X(1) X
Site Plan Review— Minor X
Sober Living Permit X
Temporary Use (Non-Recurring) Permit A X(1) X(1)
Temporary Use (Recurring) Permit X
Tentative Parcel Map X(1) X(1) X(1)
Tentative Tract Map A A X
Variance A A(1) X(1) X
Zone Change A A X
Zoning Ordinance Amendment A A X
Key:
CDD = Community Development Director
DRC = Design Review Committee
ZA = Zoning Administrator
PC = Planning Commission
CC = City Council
A = Advisory
X = Final project determination
(1) = Restricted to certain applications or properties that meet the Historic Threshold.
NOTES:
(a) All items may be finally decided by the City Council upon appeal. (b) When more than one type of application is filed for a single project, the application requiring the highest level of approval shall dictate the review process for the entire group of applications.
SECTION VIII:
Section 17.08.020(D)(2) of the Orange Municipal Code, “Zoning – General Administrative Procedures – Reviewing Bodies – Design Review Committee,” is hereby amended in its entirety to read as follows:
2. Powers and Duties. When a matter or application meets the Historic Threshold, the Design Review Committee shall have the authority to:
a. Make final determination on signs and sign programs in accordance with Chapter 17.36 of this code;
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10 b. Make final determination on architectural and landscaping design matters for minor site plan review applications when referred by Community Development Director;
c. Make final determination on architectural and landscaping design matters for external remodeling of commercial, industrial, institutional and large scale multiple-family developments, when no Planning Commission review is otherwise required, or except for minor site plan review projects acted upon by the Community Development Director;
d. Review and make recommendations to the Planning Commission on architectural and landscaping design matters for all development projects and proposed demolitions requiring Planning Commission recommendation or approval;
e Make final determination on design review of applications for additional bedrooms or bathrooms in a historic district pursuant to Section
17.28.080(D)(1)(a);
SECTION IX:
Section 17.10.035(C)(6) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Temporary Use Permits – Temporary Use Permit for Uses of Limited, Specific Duration (Nonrecurring) – Design Review,” is hereby amended in its entirety to read as follows:
6. Design Review. Nonrecurring temporary uses on properties that meet the Historic Threshold, shall require the approval of the Design Review Committee prior to the establishment of the temporary use permit.
SECTION X:
Section 17.10.060(D)(2) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Procedure,” is hereby amended in its entirety to read as follows:
2. Procedure. The Community Development Director, pursuant to Section 17.08.020E, shall be responsible for minor site plan review. Once an application for minor site plan review has been deemed complete, the Community Development Director shall, in conjunction with a staff review committee designated by the City Manager, consider and approve, approve with conditions, deny or refer the project to the Planning Commission. A continuance may be granted upon mutual consent of the applicant and the Community Development Director. Appeals from decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section 17.08.050.
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11 SECTION XI:
Section 17.10.060(E)(2) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Major Site Plan Review - Procedure,” is hereby amended in its entirety to read as follows:
2. Procedure. Community Development Director shall serve as the preliminary reviewing body for major site plan review. Once an application for major site plan review has been deemed complete, the Community Development Director and Design Review Committee, when the project meets the Historic Threshold, shall independently consider and make a recommendation to approve, approve with conditions, or deny the project. A continuance may be granted upon mutual consent of the applicant and Community Development Director. The recommendations shall be forwarded to the Planning Commission secretary for placement on the Commission's consent calendar, and shall be noticed as provided for in Section
17.08.040. Procedures for acting on consent calendar items shall be established by the Planning Commission and shall be adopted by resolution. The Commission, in considering a site plan review application, shall review the recommendations of the Community Development Director and Design Review Committee. The Commission shall act to approve, approve with conditions or deny the application. A continuance may be granted upon mutual consent of the applicant and Planning Commission.
Planning Commission action shall be deemed final unless an appeal to the City Council is filed within 15 days of the decision in accordance with Section 17.08.050.
SECTION XII:
Section 17.10.070(B)(6) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – When Design Review is Required,” is hereby amended in its entirety to read as follows:
6. Projects subject to minor site plan review that also involve exterior remodeling of residential, commercial, industrial, and institutional development.
SECTION XIII:
Section 17.10.070(C) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – Initiation and Application,” is hereby amended in its entirety to read as follows:
C. Initiation and Application. Design review applications shall be filed in accordance with application and submittal requirements. Application materials may include site, building and landscape plans, photographs, colored elevations and/or renderings and color and material boards. This information must be of sufficient detail to allow the reviewing body to determine the compatibility of the change to the existing structure, area, or district and that the project meets established design standards and criteria. In addition, to comply with provisions of the California Environmental Quality Act, most projects in historic districts will require an application for environmental review in accordance with Section 17.08.030.
Submittal materials shall also include information pertaining to scale, massing, streetscape, landscaping and open space.
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12 SECTION XIV:
Section 17.10.070(D) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – Design Review Procedure and Criteria,” is hereby amended in part to read as follows:
D. Design Review Procedure and Criteria. When a matter or application meets the Historic Threshold, the Design Review Committee shall make a recommendation or final determination as authorized by Section 17.08.020(D) to approve, approve with conditions or deny a project at a public meeting. In making such recommendation or determination, the Committee shall consider adopted design standards and guidelines (where applicable), the Secretary of the Interior's Standards and Guidelines for Rehabilitation (where applicable) and the following general criteria in making a project determination:
The project shall have an internally consistent, integrated design theme which is reflected in the following elements:
1. Architectural Features.
a. The architectural features shall reflect a similar design style or period. b. Creative building elements and identifying features should be used to create a high quality project with visual interest and an architectural style.
2. Landscape.
a. The type, size and location of landscape materials shall support the projects overall design concept.
b. Landscaping shall not obstruct visibility of required addressing, nor shall it obstruct the vision of motorists or pedestrians in proximity to the site. c. Landscape areas shall be provided in and around parking lots to break up the appearance of large expanses of hardscape.
3. Signage. All signage shall be compatible with the building(s) design, scale, colors, materials and lighting.
4. Secondary Functional and Accessory Features. Trash receptacles, storage and loading areas, transformers and mechanical equipment shall be screened in a manner which is architecturally compatible with the principal building(s). 834
13 SECTION XV:
Section 17.10.070(G) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – Findings Required,” is hereby amended in its entirety to read as follows:
G. Findings Required. The reviewing body shall make findings for all projects based upon design criteria stated above. A specific finding shall be made for projects as follows:
1. When a matter or application meets the Historic Threshold, the proposed work conforms to the prescriptive standards and design criteria referenced and/or recommended by the Design Review Committee or other reviewing body for the project.
2. In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines.
3. The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards and their required findings.
4. For infill residential development, as specified in the City of Orange infill residential design guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character.
SECTION XVI:
Section 17.13.040(JJ)(9) of the Orange Municipal Code, “Zoning – Master Land Use Table – Special Use Regulations – Homeless Shelter – Design Review Required,” is hereby amended in its entirety to read as follows:
9. Design Review Required. Design review is required if the project meets the criteria established in Section 17.10.070. The reviewing body's discretion in requiring conditions of approval and approving homeless shelters is limited to ensuring compliance with applicable design-related standards and guidelines.
SECTION XVII:
Section 17.13.050(AA) of the Orange Municipal Code, “Zoning – Master Land Use Table – Conditional Use Regulations – Hot Dog Vending Carts,” is hereby deleted in its entirety.
SECTION XVIII:
Section 17.36.060(A)(1) of the Orange Municipal Code, “Zoning – Sign Regulations – Signs General – Sign Program – Multitenant Buildings,” is hereby amended in part to read as follows:
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14 1. Multitenant Buildings. A sign program for all multitenant buildings shall be required to ensure proper design of signage and adequate identification of building tenants.
Such programs shall provide for consistency in the size, color and placement of signs within a property and shall be approved by the Community Development Director, , or the Design Review Committee when sign meets Historic Threshold.
SECTION XIX:
Section 17.36.060(A)(3) of the Orange Municipal Code, “Zoning – Sign Regulations – Signs General – Sign Program – Mixed Use Zones and Major Commercial Centers,” is hereby amended to read as follows:
3. Mixed Use Zones and Major Commercial Centers. Sign programs for major commercial centers on sites which are located in the C-TR, C-R, C-2 or C-3 zones and are larger than twenty-five (25) acres, and for mixed use, multi-family residential, or multi-tenant commercial uses in the OTMU, NMU and UMU zones, regardless of the size of the site may include criteria that differ from the limitations contained in this chapter. Sign programs for major commercial centers are subject to the review and approval of a conditional use permit by the Planning Commission. Sign programs in mixed use zones are subject to review and approval by the Community Development Director, or the Design Review Committee when sign meets Historic Threshold. Sign programs shall be reviewed based on the following criteria:
a. The applicant will prepare and submit a detailed proposal that includes architectural plans, a site plan and building elevations. The proposal will delineate and allocate display area for each tenant.
b. Sign programs for such developments will specify construction and finish materials, fabrication methods, letter styles, proposed use of logos or other corporate icons, color and lighting for all signs.
c. Display area for wall signs shall be calculated based upon the length of building elevations according to the limits established by Section 17.36.080. In mixed use zoning districts the area of projecting signs shall be calculated based on the standards for wall sign area and counted toward the overall allowable wall sign area for a building. However, sign area may be redistributed among portions of building elevations as specified within the sign program, or permitted to increase to the following ratio:
i. Two square feet per lineal foot of tenant building frontage, for building elevations situated more than 200 feet from a property line or public street. ii. Three square feet per lineal foot of tenant building frontage, for building elevations situated more than 300 feet from a property line or public street. d. When installed on the same wall of a building which includes an entrance that is accessible to the public, blade signs, sculpted signs or three-dimensional wall 836
15 signs may extend more than 12 inches from the surface of a wall without being considered a projecting sign. The depth of projection for a wall sign will not be considered when calculating display area.
e. Signs affixed to the face of a wall may extend upward beyond the roof of a building without being considered a roof sign, provided: (i) the vertical extension beyond the roof line is limited to 25% of the overall height of that wall; or (ii) the sign does not include flat display area, but is instead constructed of three- dimensional elements.
f. A singular roof sign may be permitted if constructed as a singular architectural element which displays only the name of a development.
g. Any wall signs proposed on building elevations that are arranged around a central courtyard or open-air pedestrian space which are not visible from a public right- of-way are not subject to regulations of this chapter.
h. When presented as part of a comprehensive sign program on any development with more than 200 feet of frontage on an arterial highway, the height of a freestanding sign may exceed 15 feet, but is limited to 32 feet, or the maximum height to the roof of any building that is part of the same development, whichever is less. However, any sign higher than 15 feet is subject to the setback for all structures in that same zone, and a landscaped planter must be provided around the base of the sign.
i. The number and spacing of freestanding signs may differ from those otherwise permitted by this chapter, so long as sign proposals do not exceed limits for aggregate display area, maximum display area and structural height. j. Where developments have an internal circulation system of private two-way streets and more than 40 tenants, on-site directional signs may be permitted to a maximum display area of 220 square feet and maximum height of 20 feet, when located more than 100 feet from an arterial street or residential development.
Directional signs are intended to assist motorists and keep traffic flowing through large parking facilities, and should therefore be limited to directional instructions and simple graphics, including section area titles, left or right turn arrows, and tenant names (if desired by the applicant) using a uniform or consistent size and style text.
k. Any sign program that meets Historic Threshold is subject to DRC approval. Sign applications for individual tenants will be subject to final approval by the Community Development Director unless the sign program is specific in describing the height, width and design components of signs for each tenant space.
l. Sign programs for sites located in the OTMU zones shall also comply with sign regulations included in the City's Historic Preservation Design Standards. 837
16 m. The aforementioned criteria are intended as maximum limits that should not be exceeded. However, an applicant may propose sign programs with elements that exceed such limits if the applicant prepares a study justifying why deviation from the criteria is desirable from a land use perspective and will not result in aesthetic and safety impacts significantly greater than those otherwise allowed. The study must address and/or include the following as a minimum:
i. A discussion of the unique planning and physical features of the project site which justify deviation from the criteria set forth in subsections (A)(3)(a)— (l) of this section.
ii. A discussion of how the proposed signage incorporates unique architectural style and special design features such as logos, emblems, murals and pictures that are integrated with the development.
iii. A sight-distance analysis to demonstrate why extra height or display area is needed to promote the development.
iv. An analysis of the range of sign visibility and potential impacts (including impacts caused by lighting) upon surrounding properties or public streets. v. Scaled and dimensioned plans that provide an adequate basis of evaluation. vi. A concluding statement containing an empirical analysis evidencing that the proposed sign program, due to setbacks from arterial streets which exceed the requirements of this section, setbacks from residential areas which exceed the requirements of this section, sign orientation toward the development and other relevant factors, will not impact residential areas or public streets significantly more than otherwise allowed by this section. vii. The City shall approve such a sign program if it finds that the applicant's study contains the requisite empirical analysis.
n. Any sign which has been approved under this section may contain noncommercial copy in lieu of any commercial copy.
SECTION XX:
Section 17.36.150(I) of the Orange Municipal Code, “Zoning – Sign Regulations – Special Purpose Sign Regulations – Creative Signs,” is hereby amended to read as follows:
I. Creative Signs. Creative signs are allowed in the UMU zone. The intention of these provisions is to encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit and thoughtfulness. Creatively designed signs should make a positive visual contribution to the overall image of the City, while mitigating the impacts of large, obtrusive or unusually designed signs. Creative signs may be allowed in addition to other project identification signs allowed by this chapter subject to approval of a sign program.
Creative signs, either on their own or as part of a sign program in combination with other 838
17 project signage, shall be reviewed by the Planning Commission subject to the following criteria:
1. Signs may include imagery or graphics that do not advertise a product, business, corporate, or organizational logo. Content may include a civic message, or other neutral subject matter such as geometric shapes, nature images, community history, geographic districts of the City, or other content determined to be similarly neutral by the Planning Commission.
2. Signs shall be architecturally integrated into a development, and be placed in a logical location in relation to the overall composition of the building facade.
3. Signs shall be located and designed not to cause light and glare impacts on surrounding uses.
4. Signs may be directly or indirectly illuminated, but shall not include flashing or animated elements in accordance with Section 17.36.040.
5. Sign area shall be proportionate to the building design and architectural feature upon which the sign is installed upon or associated with.
SECTION XXI:
Section 17.36.150(J) of the Orange Municipal Code, “Zoning – Sign Regulations – Special Purpose Sign Regulations – Murals,” is hereby amended to read as follows:
J. Murals. Murals are allowed in the OTMU, NMU and UMU zones. Murals should make a positive visual contribution to the overall image of the City and may be allowed in addition to other project identification signs allowed by this chapter. Murals, either on their own or as part of a sign program in combination with other project signage, shall be reviewed by the Planning Commission subject to the following criteria:
1. Murals may include imagery or graphics that do not advertise a product, business, corporate, or organizational logo. Content may include a civic message, or other neutral subject matter such as geometric shapes, nature images, community history, geographic districts of the City, or similar content as determined by the Planning Commission.
2. The area of a mural shall be proportionate to the building design and comply with the provisions of Section 17.36.080(B). The area of a mural shall be included in the maximum allowable number and area of wall signage for a building.
3. Murals may be directly or indirectly illuminated.
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18 SECTION XXII:
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 XXIII:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this day of , 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
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19 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 28th day of October, 2025, and thereafter at the regular meeting of said City Council duly held on the ____ day of ____________, 2025 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
841
Agenda Item
Orange City Council
Item #: 3.13. 11/12/2025 File #: 25-0573
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Steven Scardina, Information Technology Manager
1. SUBJECT
Authorize the purchase of various annual hardware and software maintenances from Sidepath, Inc.
2. SUMMARY
The Information Technology Department utilizes many technologies, including hardware, software, and services, from Sidepath, Inc. The various technologies listed in the attached document have associated annual maintenance costs that are required to keep those technologies up to date and supported by the listed vendors.
3. RECOMMENDED ACTION
Approve the purchase of various annual hardware and software maintenances from Sidepath, Inc. for a total amount of $272,355.33.
4. FISCAL IMPACT
The expense for this purchase is $272,355.33 and will be funded in General Fund (100), formerly Information Technology Fund (780):
100-1601-56999 Other Repair / Maintenance Services
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
The City has historically recorded the information technology expenses in the Information Technology (IT) Fund, with the General Fund serving as the primary funding source for IT operations. To enhance transparency and strengthen financial management, the IT Fund has now been consolidated into the General Fund.
Rather than bringing individual items to City Council for every purchase, staff is requesting approval of a purchase order to cover all annual maintenance items provided by Sidepath, Inc. for Fiscal Year 2025-2026. The Information Technology (IT) Department spends more than $30,000 in a year with Sidepath, Inc. and as such, the purchase order will be a more efficient method for both City Council approval and payment processing. The IT Department relies on Sidepath for maintaining all hardware, software, and services that keep the IT infrastructure healthy and secure.
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Item #: 3.13. 11/12/2025 File #: 25-0573
The attached list contains annual support from the following vendors that are provided through Sidepath, Inc.: Dell (Servers, and Storage), Palo Alto (Security Firewalls), Ruckus (Network Switching and Wireless), Veeam (Backup and Recovery), Blackberry Cylance (end point protection), VMware (Virtualization), and Wasabi (cloud-based offsite backup storage).
Sidepath, Inc. has a deep understanding of all the technology infrastructure that the City uses and is uniquely positioned to provide technical support and implementation services related to servers, storage, networking, and security.
7. ATTACHMENTS
· IT Sidepath Asset List
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843
Agenda Item
Orange City Council
Item #: 3.13. 11/12/2025 File #: 25-0573
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Steven Scardina, Information Technology Manager
1. SUBJECT
Authorize the purchase of various annual hardware and software maintenances from Sidepath, Inc.
2. SUMMARY
The Information Technology Department utilizes many technologies, including hardware, software, and services, from Sidepath, Inc. The various technologies listed in the attached document have associated annual maintenance costs that are required to keep those technologies up to date and supported by the listed vendors.
3. RECOMMENDED ACTION
Approve the purchase of various annual hardware and software maintenances from Sidepath, Inc. for a total amount of $272,355.33.
4. FISCAL IMPACT
The expense for this purchase is $272,355.33 and will be funded in General Fund (100), formerly Information Technology Fund (780):
100-1601-56999 Other Repair / Maintenance Services
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
The City has historically recorded the information technology expenses in the Information Technology (IT) Fund, with the General Fund serving as the primary funding source for IT operations. To enhance transparency and strengthen financial management, the IT Fund has now been consolidated into the General Fund.
Rather than bringing individual items to City Council for every purchase, staff is requesting approval of a purchase order to cover all annual maintenance items provided by Sidepath, Inc. for Fiscal Year 2025-2026. The Information Technology (IT) Department spends more than $30,000 in a year with Sidepath, Inc. and as such, the purchase order will be a more efficient method for both City Council approval and payment processing. The IT Department relies on Sidepath for maintaining all hardware, software, and services that keep the IT infrastructure healthy and secure.
City of Orange Printed on 11/6/2025Page 1 of 2
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Item #: 3.13. 11/12/2025 File #: 25-0573
The attached list contains annual support from the following vendors that are provided through Sidepath, Inc.: Dell (Servers, and Storage), Palo Alto (Security Firewalls), Ruckus (Network Switching and Wireless), Veeam (Backup and Recovery), Blackberry Cylance (end point protection), VMware (Virtualization), and Wasabi (cloud-based offsite backup storage).
Sidepath, Inc. has a deep understanding of all the technology infrastructure that the City uses and is uniquely positioned to provide technical support and implementation services related to servers, storage, networking, and security.
7. ATTACHMENTS
· IT Sidepath Asset List
City of Orange Printed on 11/6/2025Page 2 of 2
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845
vendor product serial number
support
expiration
Estimated cost
to renew
support
Dell Civic Dell/EMC Connectrix DS-6610B (HA Pair 1) BRCEZL4002P00R 5/14/2026 1,403.55$ Dell Civic Dell/EMC Connectrix DS-6610B (HA Pair 2) BRCEZL4002P00V 5/14/2026 1,403.55$ Dell OPD Dell/EMC Connectrix DS-6610B (HA Pair 1) BRCEZL4002P00K 5/14/2026 1,403.55$ Dell OPD Dell/EMC Connectrix DS-6610B (HA Pair 2) BRCEZL4002P01F 5/14/2026 1,403.55$ Palo Alto Advanced Threat Prevention subscription HA pair renewal PA-3220 16201008337 7/30/2026 Palo Alto Advanced Threat Prevention subscription HA pair renewal PA-3220 16201017228 7/30/2026 Palo Alto Global Protect subscription HA PA-3220 16201008337 7/30/2026 Palo Alto Global Protect subscription HA PA-3220 16201017228 7/30/2026 Palo Alto Premium support renewal, PA-3220 16201008337 7/30/2026 Palo Alto Premium support renewal, PA-3220 16201017228 7/30/2026 Palo Alto Premium support year 1 renewal, PA-820 12001015902 7/30/2026 Palo Alto Premium support year 1 renewal, PA-820 12001015930 7/30/2026 Palo Alto Premium support year 1 renewal, PA-820 12001074645 7/30/2026 Palo Alto Subscription Advanced URL Filtering 1-year PA-3220 HA Pair 16201008337 7/30/2026 Palo Alto Subscription Advanced URL Filtering 1-year PA-3220 HA Pair 16201017228 7/30/2026 Ruckus Ruckus Wireless premium watchdog controller SmartZone 100 12/16/2025 420.68$ Dell Civic-Backup (Veeam) SCv3000 (285912) FY6BT13 2/2/2026 1,601.24$ Dell OPD-Backup (Veeam) SCv3000 (285920) FY6CT13 2/2/2026 1,601.24$ Dell PowerEdge R740 (Veeam hosts 1) FWB4T13 2/3/2026 1,901.32$ Dell PowerEdge R740 (Veeam hosts 2) FVY3T13 2/3/2026 1,901.32$ Dell Traffic SCv3000 (297806) FY56T13 2/3/2026 1,053.03$ Dell Traffic SCv3020 7YS7243 7/1/2026 2,624.24$
Dell PowerEdge R640 (ESXi host 1) Traffic Management Center 4LQ4V43 6/22/2026 2,133.78$ Dell PowerEdge R640 (ESXi host 2) Traffic Management Center 5LQ4V43 6/21/2026 2,133.78$ Veeam Civic Veeam VM protection VUL 2939636 12/30/2025 12,718.31$ Veeam OPD Veeam VM protection VUL 2942942 12/30/2025 12,718.31$ Veeam O365 Mailbox protection (900) 2939737 12/30/2025 17,532.90$ VMware 31137599 4/14/2026
VMware 187805669 4/14/2026
VMware 188334196 4/14/2026
VMware 188334200 4/14/2026
VMware 188227768 4/14/2026
BlackBerry Cylance Protect and Optics N/A 3/20/2026 41,673.65$ Wasabi Reserved Capacity Storage Wasabi Premium Support 200TB - 1 year term N/A 8/9/2026 8,708.90$ Dell AD Server (PowerEdge R440) - 1 Civic and 1 PD GWR7F33 4/20/2026 1,171.36$ Dell AD Server (PowerEdge R440) - 1 Civic and 1 PD GWR6F33 4/20/2026 1,171.36$ 272,355.33$
VMWare Vsphere foundation - 1 year prepaid commit - per core (352) 46,337.50$
109,338.24$
846
Agenda Item
Orange City Council
Item #: 3.14. 11/12/2025 File #: 25-0602
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorization of payment to Valverde Construction, Inc. for the repair of the existing water main, storm drain, and pavement restoration at the intersection of Santiago Boulevard and Meats Avenue.
2. SUMMARY
The existing 10-inch cast iron pipe main ruptured and caused considerable damage to the street and the storm drain. The break washed away underneath supporting soil and caused a sinkhole near the southwest corner of the intersection. Valverde Construction, Inc. was hired to repair the break and fix the roadway because of their swift response and expertise in this matter. The total cost for these repairs is $283,843.93.
3. RECOMMENDED ACTION
1. Authorize the appropriation of $118,000 from the Water (600) unreserved fund balance to:
600-5803-56102 Repair/Maint Services - Facility
2. Authorize the payment to Valverde Construction, Inc. for the repair of the existing water main, storm drain, and pavement restoration at the intersection of Santiago Boulevard and Meats Avenue.
4. FISCAL IMPACT
The expense for this payment is $283,843.93 and will be funded though appropriation to Water (600) and from unspent salaries and benefits in Water (600):
600-5803-56102 Repair/Maint Services-Facility
Upon approval of this appropriation, the estimated Water (600) fund balance at June 30, 2026 will be $9,507,893.
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
On October 4, 2025, the Public Works Department Water Division staff detected that Reservoir 2A City of Orange Printed on 11/6/2025Page 1 of 2
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847
Item #: 3.14. 11/12/2025 File #: 25-0602
On October 4, 2025, the Public Works Department Water Division staff detected that Reservoir 2A slowly and steadily drained unexpectedly. Upon further investigation, staff found an extensive break along the existing 10-inch water main at the intersection of Meats Avenue and Santiago Boulevard.
The break was large enough to displace and damage a section of the nearby 30-inch storm drain. It also washed away supporting soil and caused a roughly 18 feet x 15 feet x 12 feet sinkhole near the southwest corner of the intersection.
Valverde Construction, Inc. was contacted because of their experience and quick response to similar emergency situations. Prior to this, Valverde Construction, Inc. successfully assisted the City with repairing water transmission and distribution main breaks at other locations in the City. Their workmanship and responsiveness have proven beneficial to the City. Valverde Construction, Inc. promptly repaired the break on a time and material basis under the supervision of City staff. Work was done around the clock under inspection. After completion, time and material tickets and invoices were submitted to the City for review. The total cost for these repairs is $283,843.93.
The repairs to the water main, storm drain, and roadway restoration have been completed satisfactorily. Staff is requesting the authorization to make final payment to Valverde Construction, Inc. in the amount of $283,843.93.
7. ATTACHMENTS
· Location Map
City of Orange Printed on 11/6/2025Page 2 of 2
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848
Agenda Item
Orange City Council
Item #: 3.14. 11/12/2025 File #: 25-0602
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorization of payment for the repair of the existing water main, storm drain, and pavement restoration at the intersection of Santiago Boulevard and Meats Avenue.
2. SUMMARY
The existing 10-inch cast iron pipe main ruptured and caused considerable damage to the street and the storm drain. The break washed away underneath supporting soil and caused a sinkhole near the southwest corner of the intersection. Valverde Construction, Inc. was hired to repair the break and fix the roadway because of their swift response and expertise in this matter. The total cost for these repairs is $283,843.93.
3. RECOMMENDED ACTION
1. Authorize the appropriation of $118,000 from the Water (600) unreserved fund balance to:
600-5803-56102 Repair/Maint Services - Facility
2. Authorize the payment to Valverde Construction, Inc. for the repair of the existing water main, storm drain, and pavement restoration at the intersection of Santiago Boulevard and Meats Avenue.
4. FISCAL IMPACT
The expense for this payment is $283,843.93 and will be funded though appropriation to Water (600) and from unspent salaries and benefits in Water (600):
600-5803-56102 Repair/Maint Services-Facility
Upon approval of this appropriation, the estimated Water (600) fund balance at June 30, 2026 will be $9,507,893.
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
On October 4, 2025, the Public Works Department Water Division staff detected that Reservoir 2A City of Orange Printed on 11/6/2025Page 1 of 2
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849
Item #: 3.14. 11/12/2025 File #: 25-0602
On October 4, 2025, the Public Works Department Water Division staff detected that Reservoir 2A slowly and steadily drained unexpectedly. Upon further investigation, staff found an extensive break along the existing 10-inch water main at the intersection of Meats Avenue and Santiago Boulevard.
The break was large enough to displace and damage a section of the nearby 30-inch storm drain. It also washed away supporting soil and caused a roughly 18 feet x 15 feet x 12 feet sinkhole near the southwest corner of the intersection.
Valverde Construction, Inc. was contacted because of their experience and quick response to similar emergency situations. Prior to this, Valverde Construction, Inc. successfully assisted the City with repairing water transmission and distribution main breaks at other locations in the City. Their workmanship and responsiveness have proven beneficial to the City. Valverde Construction, Inc. promptly repaired the break on a time and material basis under the supervision of City staff. Work was done around the clock under inspection. After completion, time and material tickets and invoices were submitted to the City for review. The total cost for these repairs is $283,843.93.
The repairs to the water main, storm drain, and roadway restoration have been completed satisfactorily. Staff is requesting the authorization to make final payment to Valverde Construction, Inc. in the amount of $283,843.93.
7. ATTACHMENTS
· Location Map
City of Orange Printed on 11/6/2025Page 2 of 2
powered by Legistar™
850
E RIDING WY
E MEATS AV
N
M
O
RILN
E MEATS AV
N
SANTIAGO
BL
E MEATS AV
N
SANTIAGO
BL
E MEATS AV
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.
Date Exported: 10/21/2025
Credits: City of Orange (2025)
CITY OF ORANGE
Orange Water Systems
1:564
0 0.010
mi
.
Water Lateral Lines
Water Mains
Gate, False
Gate, True
Plug, True
Cap
Reducer
Tap
Tee
Water Hydrant Valves
City of Orange Hydrants
Water Service Connections
851
Agenda Item
Orange City Council
Item #: 3.15. 11/12/2025 File #: 25-0613
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Water rate pass-through notice for Calendar Year 2026.
2. SUMMARY
City staff calculated the pass-through charge for Calendar Year 2026 using the formula approved by the City Council in March 2023. The calculation resulted in an additional $0.18 per billing unit adjustment from last year’srate to offset cost increases in water purchases necessary to supply water to the city.
3. RECOMMENDED ACTION
Receive and file.
4. FISCAL IMPACT
Additional pass-through revenues of $1,828,074 will offset corresponding expenditures for import water and groundwater costs.
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
On March 14, 2023, City Council approved Resolution No. 11437 amending and revising the Master Schedule of Fees and Charges for water rates. This Resolution approved a five-year rate structure and a pass-through formula. The pass-through charge is calculated every year and considers only increases in wholesale water costs that the City will incur. Any such adjustments will only be made to the extent such increases are not already reflected in the schedule of charges. A notice of at least 30 days will be mailed to customers before any adjustments take effect. The pass-through rate is calculated by assessing the difference in wholesale water purchase costs using the current year’s wholesale rates and the baseline year’swholesale rates. The additional expense is then divided over the calendar year’sprojected usage. This passes through any increase in the City’swater purchase costs.
Based on the results generated by the approved pass-through formula, a pass-through charge of $0.18 per unit over last year’srate is required for Calendar Year 2026. The pass-through calculation considers two major elements contributing to the Water Supply cost: import water costs (Metropolitan Water District of Southern California via the Municipal Water District of Orange County), and City of Orange Printed on 11/6/2025Page 1 of 2
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852
Item #: 3.15. 11/12/2025 File #: 25-0613
Water District of Southern California via the Municipal Water District of Orange County), and groundwater costs (Orange County Water District). The pass-through charge of $0.18 per unit (one unit = 748 gallons), as well as the 4% rate adjustment approved by Council on March 14, 2023, will take effect on January 1, 2026.
The average water customer uses 35 units of water every two months (29,172 gallons). Based on the current water rates, the average customer has a bill of $162.71 bi-monthly. With the 4% rate increase that was approved for January 2026 and the addition of the $0.18 per unit pass-through charge, the average bill will increase to $175.41 bi-monthly. For the average City of Orange household, this is a total bi-monthly increase of $12.70.
The $0.18 per unit adjustment represents approximately $1,828,074 in revenue to the Water Fund.
Ratepayers will receive notices with the pass-through information at least 30 days prior to implementation.
7. ATTACHMENTS
· Notice of Pass-through Increase
City of Orange Printed on 11/6/2025Page 2 of 2
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853
Agenda Item
Orange City Council
Item #: 3.15. 11/12/2025 File #: 25-0613
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Water rate pass-through notice for Calendar Year 2026.
2. SUMMARY
City staff calculated the pass-through charge for Calendar Year 2026 using the formula approved by the City Council in March 2023. The calculation resulted in an additional $0.18 per billing unit adjustment from last year’srate to offset cost increases in water purchases necessary to supply water to the city.
3. RECOMMENDED ACTION
Receive and file.
4. FISCAL IMPACT
Additional pass-through revenues of $1,828,074 will offset corresponding expenditures for import water and groundwater costs.
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
On March 14, 2023, City Council approved Resolution No. 11437 amending and revising the Master Schedule of Fees and Charges for water rates. This Resolution approved a five-year rate structure and a pass-through formula. The pass-through charge is calculated every year and considers only increases in wholesale water costs that the City will incur. Any such adjustments will only be made to the extent such increases are not already reflected in the schedule of charges. A notice of at least 30 days will be mailed to customers before any adjustments take effect. The pass-through rate is calculated by assessing the difference in wholesale water purchase costs using the current year’s wholesale rates and the baseline year’swholesale rates. The additional expense is then divided over the calendar year’sprojected usage. This passes through any increase in the City’swater purchase costs.
Based on the results generated by the approved pass-through formula, a pass-through charge of $0.18 per unit over last year’srate is required for Calendar Year 2026. The pass-through calculation considers two major elements contributing to the Water Supply cost: import water costs (Metropolitan Water District of Southern California via the Municipal Water District of Orange County), and City of Orange Printed on 11/6/2025Page 1 of 2
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854
Item #: 3.15. 11/12/2025 File #: 25-0613
Water District of Southern California via the Municipal Water District of Orange County), and groundwater costs (Orange County Water District). The pass-through charge of $0.18 per unit (one unit = 748 gallons), as well as the 4% rate adjustment approved by Council on March 14, 2023, will take effect on January 1, 2026.
The average water customer uses 35 units of water every two months (29,172 gallons). Based on the current water rates, the average customer has a bill of $162.71 bi-monthly. With the 4% rate increase that was approved for January 2026 and the addition of the $0.18 per unit pass-through charge, the average bill will increase to $175.41 bi-monthly. For the average City of Orange household, this is a total bi-monthly increase of $12.70.
The $0.18 per unit adjustment represents approximately $1,828,074 in revenue to the Water Fund.
Ratepayers will receive notices with the pass-through information at least 30 days prior to implementation.
7. ATTACHMENTS
· Notice of Pass-through Increase
City of Orange Printed on 11/6/2025Page 2 of 2
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855
Aviso de Aumento de
las Tarifas de Agua
Notice of Pass
Through Increase
La Resolución de Consejo de la Ciudad Nº 11437 autorizó ajustes anuales a las tarifas del servicio de agua. Los aumentos de costos incurridos por la Ciudad por parte de los proveedores de agua al por mayor se trasladarán como modificaciones a las tarifas del agua. El monto del ajuste de transferencia representa la diferencia entre los costos reales de compra de agua al por mayor y los costos proyectados de compra de agua al por mayor. El ajuste de transferencia se aplica solo al cargo por consumo en la factura de un cliente.
El ajuste de transferencia incorpora aumentos de costos de las siguientes agencias:
• El Distrito Municipal de Agua del Condado de Orange (MWDOC), nuestro mayorista regional de agua importada.
• Distrito de Agua del Condado de Orange (OCWD, por sus siglas en inglés), nuestra gestión de almacenamiento de cuencas y bombeo de agua subterránea.
Según lo calculado, se agregará un ajuste de transferencia de $0.18 por unidad de facturación (1 unidad = 100 pies cúbicos = 748 galones) al cargo por consumo de agua a partir del 1 de Enero de 2026. El nuevo cuadro de tarifas se presenta en la siguiente tabla. Tenga en cuenta que el nuevo programa de tarifas incluye un aumento del 4% que se adoptó como parte de la resolución.
Si tiene alguna pregunta con respecto a este aviso, comuníquese con la Oficina de Facturación de Agua de la Ciudad de Orange al (714) 744-2233.
Cargo por Consumo de Agua (bimestral)
Este cargo se basa en el uso de agua. El uso de agua medido se factura en unidades de 100 pies cúbicos (1 unidad = 100 pies cúbicos = 748 galones) según se aplica a una estructura de tarifa escalonada. Para obtener más información sobre las tarifas del agua, visite nuestro sitio web en www.cityoforange.org.
Resolution No. 11437 authorized annual adjustments to the water service rates.
The cost increases incurred by the City from the providers of wholesale water are to be passed through as modifications to the water rates. The amount of pass- through adjustment accounts for the difference in actual wholesale water purchase costs and projected wholesale water purchase costs. The pass-through adjustment applies only to the consumption charge on a customer’s bill.
The pass-through adjustment incorporates cost increases from the following agencies:
• The Municipal Water District of Orange County (MWDOC), our regional water wholesaler for imported water.
• Orange County Water District (OCWD), our basin storage management and pumping of ground water.
As calculated, a pass-through adjustment of $0.18 per billing unit (1 unit = 100 cubic feet = 748 gallons) will be added to the water consumption charge effective January 1, 2026. The new rate schedule is presented in the table on the reverse side of this notice. Please note that the new rate schedule includes a 4% increase that was adopted as part of the resolution.
If you have any question regarding this notice, please contact the City of Orange Water Billing Office at (714) 744-2233.
Water Consumption Charge (bi-monthly)
This charge is based on water usage. The metered water usage is billed in units of 100 cubic feet (1 unit = 100 cubic feet = 748 gallons) as applied to a tiered rate structure. For more information on water rates please visit our website at www. cityoforange.org.
Aviso de Aumento de
las Tarifas de Agua
Notice of Pass
Through Increase
La Resolución de Consejo de la Ciudad Nº 11437 autorizó ajustes anuales a las tarifas del servicio de agua. Los aumentos de costos incurridos por la Ciudad por parte de los proveedores de agua al por mayor se trasladarán como modificaciones a las tarifas del agua. El monto del ajuste de transferencia representa la diferencia entre los costos reales de compra de agua al por mayor y los costos proyectados de compra de agua al por mayor. El ajuste de transferencia se aplica solo al cargo por consumo en la factura de un cliente.
El ajuste de transferencia incorpora aumentos de costos de las siguientes agencias:
• El Distrito Municipal de Agua del Condado de Orange (MWDOC), nuestro mayorista regional de agua importada.
• Distrito de Agua del Condado de Orange (OCWD, por sus siglas en inglés), nuestra gestión de almacenamiento de cuencas y bombeo de agua subterránea.
Según lo calculado, se agregará un ajuste de transferencia de $0.14 por unidad de facturación (1 unidad = 100 pies cúbicos = 748 galones) al cargo por consumo de agua a partir del 1 de Enero de 2025. El nuevo cuadro de tarifas se presenta en la siguiente tabla. Tenga en cuenta que el nuevo programa de tarifas incluye un aumento del 4% que se adoptó como parte de la resolución.
Si tiene alguna pregunta con respecto a este aviso, comuníquese con la Oficina de Facturación de Agua de la Ciudad de Orange al (714) 744-2233.
Cargo por Consumo de Agua (bimestral)
Este cargo se basa en el uso de agua. El uso de agua medido se factura en unidades de 100 pies cúbicos (1 unidad = 100 pies cúbicos = 748 galones) según se aplica a una estructura de tarifa escalonada. Para obtener más información sobre las tarifas del agua, visite nuestro sitio web en www.cityoforange.org.
Resolution No. 11437 authorized annual adjustments to the water service rates.
The cost increases incurred by the City from the providers of wholesale water are to be passed through as modifications to the water rates. The amount of pass- through adjustment accounts for the difference in actual wholesale water purchase costs and projected wholesale water purchase costs. The pass-through adjustment applies only to the consumption charge on a customer’s bill.
The pass-through adjustment incorporates cost increases from the following agencies:
• The Municipal Water District of Orange County (MWDOC), our regional water wholesaler for imported water.
• Orange County Water District (OCWD), our basin storage management and pumping of ground water.
As calculated, a pass-through adjustment of $0.14 per billing unit (1 unit = 100 cubic feet = 748 gallons) will be added to the water consumption charge effective January 1, 2025. The new rate schedule is presented in the table on the reverse side of this notice. Please note that the new rate schedule includes a 4% increase that was adopted as part of the resolution.
If you have any question regarding this notice, please contact the City of Orange Water Billing Office at (714) 744-2233.
Water Consumption Charge (bi-monthly)
This charge is based on water usage. The metered water usage is billed in units of 100 cubic feet (1 unit = 100 cubic feet = 748 gallons) as applied to a tiered rate structure. For more information on water rates please visit our website at www. cityoforange.org.
856
CITY OF ORANGE WATER DIVISION
(714) 288-2475 • 24 Hour emergency (714) 538-1961
www.cityoforange.org
City of Orange Water Division
189 South Water Street
Orange, California 92866
PRESO RTED
STANDARD
U.S. POSTAGE
PAID
SANT A ANA, CA
PERMIT NO. 647
W at er Consumpt i on Charge (bi - mont hl y)
This char ge is bas ed on w ater us age. The meter ed w ater us age is billed in units of 100 cubic feet (1 unit = 100 cubic feet = 748 gallons ) as applied to a tier ed r ate s t r u c t u r e . F o r m o r e i n f o r m a t i o n o n w a t e r r a t e s p l e a s e v i s i t o u r w e b s i t e a t w w w .city ofor ange.or g.
Si ngl e Fami l y R esi dent i al
W at er U sage Per U ni t Ef f ect i ve 01/ 01/ 2022 t hrough 12/ 31/ 2022 0- 23 $2.87 24- 42 $2.95 >42 $3.05 City of Orange Water Division
189 South Water Street
Orange, California 92866
C ITY OF OR A NG E W A TER DIV ISION
( 7 1 4 ) 2 8 8 -2 4 7 5 • 2 4 HOU R EMER G ENC Y ( 7 1 4 ) 5 3 8 -1 9 6 1 w w w . c i t y o f o r a n g e . o r g
Mul t i - Fami l y R esi dent i al
W at er U sage Per U ni t Ef f ect i ve 01/ 01/ 2022 t hrough 12/ 31/ 2022 0- 15 $2.87 16- 19 $2.91 >19 $2.96 Commerci al
W at er U sage Per U ni t Ef f ect i ve 01/ 01/ 2022 t hrough 12/ 31/ 2022 Flat Rate $2.94 Const ruct i on and Agri cul t ure
W at er U sage Per U ni t Ef f ect i ve 01/ 01/ 2022 t hrough 12/ 31/ 2022 Flat Rate $2.93 0-23 $3.85
24-42 $3.99
>42 $4.18
Single Family Residential/ Residencial Unifamiliar
Water Usage Per Unit Effective 01/01/2026 through 12/31/2026 Consumo de agua por unidad Vigente desde el 01/01/2026 hasta el 31/12/2026 0-15 $3.84
16-19 $3.92
>19 $3.99
Multi-Family Residential/ Residencial Multifamiliar
Water Usage Per Unit Effective 01/01/2026 through 12/31/2026 Consumo de agua por unidad Vigente desde el 01/01/2026 hasta el 31/12/2026 Flat Rate/ Tarifa plana $3.99
Commercial/ Comercial
Water Usage Per Unit Effective 01/01/2026 through 12/31/2026 Consumo de agua por unidad Vigente desde el 01/01/2026 hasta el 31/12/2026 Flat Rate/ Tarifa plana $4.11
Construction and Agriculture/ Construcción y Agricultura Water Usage Per Unit Effective 01/01/2026 through 12/31/2026 Consumo de agua por unidad Vigente desde el 01/01/2026 hasta el 31/12/2026 857
Agenda Item
Orange City Council
Item #: 3.16. 11/12/2025 File #: 25-0608
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorization for the Director of Public Works to sign and file a financial assistance application for a financing and grant agreement with the California State Water Resources Control Board for the City of Orange Well 29 per- and polyfluoroalkyl substances treatment system. Resolution No. 11643.
2. SUMMARY
In 2019, the Orange County Water District, who manages the groundwater basins of north and central Orange County, conducted a study to address treatment of per- and polyfluoroalkyl substances as required by the California State Water Resources Control Board, Division of Drinking Water. Continuous water quality sampling of City of Orange wells indicated elevated levels of per- and polyfluoroalkyl substances with concentrations exceeding the Division of Drinking Water’s Response Levels at twelve wells which require treatment systems. The design and construction of these treatment systems is being fully funded by the Orange County Water District. To date, four treatment systems have been completed, and those wells have been put back into operation.
Adoption of Resolution No. 11643 is necessary to support Orange County Water District’seffort in applying for available grants for the construction of the treatment system at Well 29.
3. RECOMMENDED ACTION
Adopt Resolution No. 11643. A Resolution of the City Council of the City of Orange authorizing a representative to sign and file a financial assistance application for a financing and grant agreement with the State Water Resources Control Board for City of Orange Well 29.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
Under the Bipartisan Infrastructure Law (BIL), $5 billion has been set aside through the Drinking Water State Revolving Fund (DWSRF) Program administered by the State Water Resources Control Board (SWRCB) to reduce people’sexposure to per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants (EC). The SWRCB will provide one hundred percent as principal forgiveness (i.e., a Federal grant) and up to $5,000,000 for each qualified applicant. Eligible projects City of Orange Printed on 11/6/2025Page 1 of 2
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Item #: 3.16. 11/12/2025 File #: 25-0608
forgiveness (i.e., a Federal grant) and up to $5,000,000 for each qualified applicant. Eligible projects include the construction of a new treatment facility that addresses EC/PFAS such as the City of Orange Well 29 PFAS Treatment System Project. Orange County Water District (OCWD) is not considered a qualified applicant for the PFAS grant because OCWD does not own or operate any PFAS-contaminated wells in its service area. Therefore, OCWD is requesting assistance from the City of Orange to apply for the PFAS grant.
Per the PFAS Treatment Facilities and Program Agreement, OCWD has financed, in its entirety, the technical feasibility study, design, and construction of the City of Orange Well 29 PFAS Treatment System Project which is scheduled to be completed in 2028. The total project budget is approximately $12,000,000, with construction costing $7,600,000. Also, per the Agreement, the City of Orange is to support and assist OCWD in the pursuit of any PFAS grants that may be used to fund the project construction. Receiving this grant would minimize future replenishment assessment (i.e., groundwater fees) increases from OCWD, fees which are passed through to the customer in the City of Orange’s water rates.
If the PFAS grant funding agreement were executed, the City would be the recipient of grant funds as the owner and the operator of the PFAS water treatment systems. OCWD would submit invoice(s) to the City of Orange totaling to the grant amount. The City of Orange would need to pay OCWD as “proofof payment”before seeking and receiving grant reimbursement from the SWRCB. The City of Orange would serve as a “pass-through”agency between SWRCB and OCWD, and the net financial impact to the City of Orange would be zero.
The City’sadoption of an Authorization Resolution is a requirement of the PFAS grant application and is needed to execute a grant funding agreement with the SWRCB.
7. ATTACHMENTS
· Resolution No. 11643
·
City of Orange Printed on 11/6/2025Page 2 of 2
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859
Agenda Item
Orange City Council
Item #: 3.16. 11/12/2025 File #: 25-0608
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorization for the Director of Public Works to sign and file a financial assistance application for a financing agreement with the California State Water Resources Control Board for the City of Orange Well 29 per- and polyfluoroalkyl substances Treatment System. Resolution No. 11643.
2. SUMMARY
In 2019, the Orange County Water District, who manages the groundwater basins of north and central Orange County, conducted a study to address treatment of per- and polyfluoroalkyl substances as required by the California State Water Resources Control Board, Division of Drinking Water. Continuous water quality sampling of City of Orange wells indicated elevated levels of per- and polyfluoroalkyl substances with concentrations exceeding the Division of Drinking Water’s Response Levels at twelve wells which require treatment systems. The design and construction of these treatment systems is being fully funded by the Orange County Water District. To date, four treatment systems have been completed, and those wells have been put back into operation.
Adoption of Resolution No. 11643 is necessary to support Orange County Water District’seffort in applying for available grants for the construction of the treatment system at Well 29.
3. RECOMMENDED ACTION
Adopt Resolution No. 11643. A Resolution of the City Council of the City of Orange authorizing a representative to sign and file a financial assistance application for a financing and grant agreement with the State Water Resources Control Board for City of Orange Well 29.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
Under the Bipartisan Infrastructure Law (BIL), $5 billion has been set aside through the Drinking Water State Revolving Fund (DWSRF) Program administered by the State Water Resources Control Board (SWRCB) to reduce people’sexposure to per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants (EC). The SWRCB will provide one hundred percent as principal forgiveness (i.e., a Federal grant) and up to $5,000,000 for each qualified applicant. Eligible projects City of Orange Printed on 11/6/2025Page 1 of 2
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Item #: 3.16. 11/12/2025 File #: 25-0608
forgiveness (i.e., a Federal grant) and up to $5,000,000 for each qualified applicant. Eligible projects include the construction of a new treatment facility that addresses EC/PFAS such as the City of Orange Well 29 PFAS Treatment System Project. Orange County Water District (OCWD) is not considered a qualified applicant for the PFAS grant because OCWD does not own or operate any PFAS-contaminated wells in its service area. Therefore, OCWD is requesting assistance from the City of Orange to apply for the PFAS grant.
Per the PFAS Treatment Facilities and Program Agreement, OCWD has financed, in its entirety, the technical feasibility study, design, and construction of the City of Orange Well 29 PFAS Treatment System Project which is scheduled to be completed in 2028. The total project budget is approximately $12,000,000, with construction costing $7,600,000. Also, per the Agreement, the City of Orange is to support and assist OCWD in the pursuit of any PFAS grants that may be used to fund the project construction. Receiving this grant would minimize future replenishment assessment (i.e., groundwater fees) increases from OCWD, fees which are passed through to the customer in the City of Orange’s water rates.
If the PFAS grant funding agreement were executed, the City would be the recipient of grant funds as the owner and the operator of the PFAS water treatment systems. OCWD would submit invoice(s) to the City of Orange totaling to the grant amount. The City of Orange would need to pay OCWD as “proofof payment”before seeking and receiving grant reimbursement from the SWRCB. The City of Orange would serve as a “pass-through”agency between SWRCB and OCWD, and the net financial impact to the City of Orange would be zero.
The City’sadoption of an Authorization Resolution is a requirement of the PFAS grant application and is needed to execute a grant funding agreement with the SWRCB.
7. ATTACHMENTS
· Resolution No. 11643
·
City of Orange Printed on 11/6/2025Page 2 of 2
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861
RESOLUTION NO. 11643
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE AUTHORIZING A
REPRESENTATIVE TO SIGN AND FILE A
FINANCIAL ASSISTANCE APPLICATION FOR
A FINANCING AND GRANT AGREEMENT
WITH THE STATE WATER RESOURCES
CONTROL BOARD FOR CITY OF ORANGE
WELL 29
WHEREAS, the City of Orange (the “City”) is a municipal corporation which exercises governmental functions and powers and is organized and existing under the laws of the State of California; and
WHEREAS, the Orange County Water District (OCWD), who manages the groundwater basins of north and central Orange County, conducted a study to address treatment of per - and polyfluoroalkyl substances (PFAS) as required by the California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW); and
WHEREAS, water quality sampling of City wells indicated elevated levels of PFAS species with concentrations exceeding the DDW’s Response Levels for PFAS at seven wells and exceeding the Federal Maximum Contaminant Level at four wells which require treatment for PFAS removal. To date, four PFAS treatment systems have been completed, and the wells have been put back into operation; and
WHEREAS, the design and construction of PFAS treatment system facilities is being fully funded by the OCWD who is not considered as a qualified applicant for the PFAS grant as it does not own and operate any PFAS -contaminated wells in its service area. Therefore, OCWD is requesting assistance from the City to apply for a PFAS grant; and
WHEREAS, adoption of Resolution Number 11643 is necessary to support OCWD’s effort in applying for available grants for the construction of a PFAS treatment plant at City Well
29. WHEREAS, the City would be the recipient of any awarded grant funds and act in its capacity as a pass-through agency between the State Water Resources Control Board and the Orange County Water District for grant funds awarded to the City to offset costs associated with the design and construction of the City of Orange Well 29 PFAS Treatment Systems.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange resolves, finds and determines, on the basis of the facts set forth in the agenda report presented to it, as follows:
1. The Director of Public Works (the “Authorized Representative”) or designee, is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial 862
Assistance Application for a financing and grant agreement with the State Water Resources Control Board for the planning, design, and construction of the City of Orange Well 29 PFAS Treatment Plant.
2. The Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including but not limited to executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
3. The Authorized Representative, or designee, is designated to represent the City in carrying out the City's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
ADOPTED this 12th day of November 2025
_______________________________
Daniel R. Slater, Mayor, City of Orange
ATTEST:
___________________________________
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
863
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 12th day of November 2025 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
864
Agenda Item
Orange City Council
Item #: 8.1. 11/12/2025 File #: 25-0585
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Public Hearing to consider Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code adopting and amending the 2025 editions of the California Building Standards Codes (2025 California Building, the 2025 California Residential Code, the 2025 California Plumbing Code, the 2025 California Green Building Code, and the 2025 California Electrical Code). Ordinance No.16-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 14, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: Dumitru
3. RECOMMENDED ACTION
1. Conduct and close the Public Hearing.
2. Adopt Ordinance No. 16-25. An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code adopting and amending the 2025 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes.
4. ATTACHMENTS
· Ordinance No. 16-25
City of Orange Printed on 11/6/2025Page 1 of 1
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865
Agenda Item
Orange City Council
Item #: 8.1. 11/12/2025 File #: 25-0585
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Public Hearing to consider Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code adopting and amending the 2025 editions of the California Building Standards Codes (2025 California Building, the 2025 California Residential Code, the 2025 California Plumbing Code, the 2025 California Green Building Code, and the 2025 California Electrical Code). Ordinance No.16-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 14, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: Dumitru
3. RECOMMENDED ACTION
1. Conduct and close the Public Hearing.
2. Adopt Ordinance No. 16-25. An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code adopting and amending the 2025 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes.
4. ATTACHMENTS
· Ordinance No. 16-25
City of Orange Printed on 11/6/2025Page 1 of 1
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866
ORDINANCE NO. 16-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 15 OF THE
ORANGE MUNICIPAL CODE ADOPTING AND
AMENDING THE 2025 EDITIONS OF THE
CALIFORNIA BUILDING STANDARDS CODES AND
RELATED MODEL CODES, WITH APPENDICES,
RELATING TO THE BUILDING CODES
WHEREAS, the State of California adopted new Building Codes in January of 2025; and WHEREAS, these codes are commonly known as the California Building Standards Codes, and published in Title 24 of the California Code of Regulations; and WHEREAS, the California Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction; and WHEREAS, State law provides that the model codes may be amended by local governments with respect to local conditions, so long as those changes are not less stringent than the State's minimum requirements; and
WHEREAS, by separate Resolution, the City Council of the City of Orange has made an express finding that changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions; and
WHEREAS, local governments must update their building codes by adopting and amending the State Codes to become effective by January 1, 2026.
NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:
SECTION I:
Section 15.04.010 of the Orange Municipal Code, “Buildings and Construction – California Building Code – California Construction Codes Adopted by Reference,” is hereby amended to read as follows:
15.04.010 California Construction Codes Adopted by Reference.
For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the following construction codes subject to the Orange Municipal Code and modifications set forth in this chapter, including errata and supplements hereafter, are hereby adopted: the California Building Code, 2025 Edition, based on the 2024 International Building Code as published by the International Code Council, including Chapter 1, Division II and 867
2 Appendices C, F- J, P, and Q; the California Residential Code, 2025 Edition, based on the 2024 International Residential Code, including Appendices BB, BF, CI, and CJ; the California Green Building Standards Code, including Appendices A4, A5, A5.1, A5.2, A5.3, A5.4, A5.5, and A5.6, 2025 Edition; the California Plumbing Code, 2025 Edition, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, D, H, I, J, and R; the California Mechanical Code, 2025 Edition, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, including Appendices B and C; the California Electrical Code, 2025 Edition, based on the 2023 National Electrical Code as published by the National Fire Protection Association, including Annexes A-D; the International Property Maintenance Code, 2024 Edition, as published by the International Code Council; the Uniform Code For The Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council.
The provisions of these Construction Codes as amended by this chapter shall constitute the Building Regulations of the City of Orange. Where the California Code of Regulations and State Building Standards Code of Regulations differ from any sections of the Construction Codes, state regulations shall prevail over the Construction Codes.
One copy of all the above codes and standards therefor are on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and are made available for public inspection.
Notwithstanding the provisions of the above-referenced construction codes, all fees for services provided pursuant to the construction codes shall not take effect until a resolution for such fees is adopted by the City Council pursuant to California Government Code Section 66016.
SECTION II:
Section 15.04.015 of the Orange Municipal Code, “Buildings and Construction – California Building Code – Amendments to the 2022 California Building Code”, is hereby amended to read as follows, with remaining sections unchanged:
15.04.015 Amendments to the 2025 California Building Code. 103.1 Creation of Enforcement Agency. The Building and Safety Services Division is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of the code.
Section 3109.2 is revised to read as follows, with all definitions remaining unchanged:
3109.2 Construction permit; safety features required. New or remodel pools or spas, at a private single-family home, shall have an enclosure complying with the amended California Residential Code Appendix CI. Pool barriers which are already in the Code are scoped so as to apply on all private swimming pools.
868
3 SECTION III:
Section 15.04.060 of the Orange Municipal Code, “Buildings and Construction – California Building Code – California Building Code (CBC) Appendix,” is hereby amended to read as follows:
15.04.060 California Building Code (CBC) Appendix.
The City Council adopts by reference the following Appendices of the CBC Appendix, 2025 Edition and said Appendices are adopted in total as the law of the City except as provided for this chapter.
Appendix C (Group U- Agricultural Buildings), Appendix F (Rodent Proofing), Appendix G (Flood-Resistant Construction), Appendix H (Signs), Appendix I (Patio Covers), Appendix J (Grading), Appendix P (Sleeping Lofts), and Appendix Q (Emergency Housing) SECTION IV:
Section 15.05.010 of the Orange Municipal Code, “Buildings and Construction – California Residential Code – California Residential Code Adopted by Reference,” is hereby amended to read as follows:
15.05.010 California Residential Code Adopted by Reference.
For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of residential buildings and structures, the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Residential Code, including Appendix BB (Tiny Houses), BF (Patio Covers), Appendix CI (Swimming Pool Safety Act), and Appendix CJ (Emergency Housing), 2025 Edition, based on the 2024 International Residential Code as published by the International Code Council, including Division II in Chapter 1.
SECTION V:
The title of Section 15.05.015 of the Orange Municipal Code, “Buildings and Construction – California Residential Code – Amendments to the 2022 California Residential Code,” is hereby amended to read as follows, with the remaining sections unchanged:
15.05.015 Amendments to the 2025 California Residential Code.
SECTION VI:
Section 15.05.015 of the Orange Municipal Code, “Buildings and Construction – California Residential Code – Amendments to the 2022 California Residential Code,” Appendix AX is hereby amended to read as follows:
869
4 Appendix CI, Section CI100 is revised to read as follows:
(a) Except as provided in Section CI100, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item #1 below AND at least one additional following seven drowning prevention features:
#1. An enclosure that meets the requirements of CI100 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in CI100. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.
SECTION VII:
Section 15.12.010 of the Orange Municipal Code, “Buildings and Construction – California Mechanical Code – California Mechanical Code Adopted by Reference,” is hereby amended to read as follows:
15.12.010 California Mechanical Code Adopted by Reference.
For the purpose of prescribing regulations for mechanical equipment design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat producing appliances within the city the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Plumbing Code, 2025 Edition, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.
SECTION VIII:
Section 15.16.010 of the Orange Municipal Code, “Buildings and Construction – California Plumbing Code – California Plumbing Code Adopted by Reference,” is hereby amended to read as follows:
15.16.010 California Plumbing Code Adopted by Reference.
For the purpose of prescribing regulations for plumbing equipment construction, alteration, repair, improving, conversion and demolition, the following construction code, subject to the modifications set forth in this chapter, is hereby adopted: the California Plumbing Code, 2025 Edition, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.
870
5 SECTION IX:
Section 15.17.010 of the Orange Municipal Code, “Buildings and Construction – California Green Building Code – California Green Building Standards Code Adopted by Reference,” is hereby amended to read as follows:
15.17.010 California Green Building Standards Code Adopted by Reference.
For the purpose of prescribing regulations for green building erecting, construction, alteration, repair, improving, conversion and demolition, the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Green Building Standards Code (CALGREEN), 2025 Edition, as published by the California Building Standards Commission.
SECTION X:
The title of Section 15.17.015 of the Orange Municipal Code, “Buildings and Construction – California Green Building Code – Amendments to the 2022 California Green Building Standards Code,” is hereby amended to read as follows:
15.17.015 Amendments to the 2025 California Green Building Standards Code.
SECTION XI:
Section 15.24.010 of the Orange Municipal Code, “Buildings and Construction – California Electrical Code – California Electric Code Adopted by Reference,” is hereby amended to read as follows, with the remaining sections unchanged:
15.24.010 California Electrical Code Adopted by Reference.
For the purpose of prescribing regulations for electrical equipment construction, alteration, repair, improving, conversion and demolition, the following construction code, subject to the modifications set forth in this chapter, is hereby adopted: the California Electrical Code, 2025 Edition, based on the 2023 National Electrical Code as published by the National Fire Protection Association.
SECTION XII:
Section 15.52.010 of the Orange Municipal Code, “Building Security Standards – Scope,” is hereby amended to include Section 15.52.010(E) as follows:
E. The provisions of Chapter 15.52 shall apply to all activities for which a building permit is required, without limitation as to occupancy classification. Accordingly, the enforcing agency expressly reserves the authority to impose and enforce the residential building security requirements set forth in Section 15.52.080 upon commercial projects and to impose and enforce the non-residential building security requirements set forth in Section 871
6 15.52.090 upon residential projects. Such enforcement is necessary and proper to ensure uniform application of building security standards, to promote public safety, and to effectuate the intent of this Chapter.
SECTION XIII:
Section 15.53.010 of the Orange Municipal Code, “Buildings and Construction – California Existing Building Code – California Existing Building Code Adopted by Reference.” is hereby amended to read as follows:
15.53.010 California Existing Building Code Adopted by Reference.
For the purpose of prescribing regulations for existing building seismic strengthening, the following construction code, subject to the modifications set forth in this Chapter, is hereby adopted: the California Existing Building Code, 2025 Edition, based on the 2024 International Existing Building Code.
SECTION XIV:
Section 15.54.010 of the Orange Municipal Code, “Buildings and Construction – California Energy Code – California Energy Code Adopted by Reference,” is hereby amended to read as follows:
15.54.010 California Energy Code Adopted by Reference.
For the purpose of prescribing regulations for building energy compliance, the following construction code, subject to the modifications set forth in this Chapter, is hereby adopted: the California Energy Code, 2025 Edition, as published by the California Energy Commission.
SECTION XV:
Section 15.55.010 of the Orange Municipal Code, “Buildings and Construction – International Property Maintenance Code – International Property Maintenance Code Adopted by Reference,” is hereby amended to read as follows, with the remaining sections unchanged:
15.55.010 International Property Maintenance Code Adopted by Reference.
For the purpose of prescribing regulations for building maintenance the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the International Property Maintenance Code, 2024 Edition, as published by the International Code Council.
SECTION XVI:
Section 15.57.010 of the Orange Municipal Code, “Buildings and Construction – California Historic Building Code – California Historic Building Code Adopted by Reference,” is revised to read as follows:
872
7 15.57.010 California Historic Building Code Adopted by Reference.
For the purpose of prescribing regulations for historic building regulations, the following construction code is hereby adopted: the California Historic Building Code, 2025 Edition, as published by the California Building Standards Commission.
SECTION XVII:
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 XVIII:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this day of , 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
873
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 14th day of October, 2025, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______________, 2025, 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
874
Agenda Item
Orange City Council
Item #: 8.2. 11/12/2025 File #: 25-0586
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Public Hearing to consider Second Reading and adoption of an Ordinance of the City Council of the City of Orange adopting the 2025 California Wildland-Urban Interface Code and the 2025 California Fire Code, adding Chapter 15.31 and amending Chapter 15.32 of the Orange Municipal Code.
Ordinance No. 17-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 14, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: Dumitru
3. RECOMMENDED ACTION
1. Conduct and close the Public Hearing.
2. Adopt Ordinance No. 17-25. An Ordinance of the City Council of the City of Orange adding and amending Chapter 15.31, City of Orange Wildland-Urban Interface Code, and deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2025 California Codes and portions of the 2024 International Codes as the City of Orange Wildland-Urban Interface Code and the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.
4. ATTACHMENTS
· Ordinance No. 17-25
City of Orange Printed on 11/6/2025Page 1 of 1
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875
Agenda Item
Orange City Council
Item #: 8.2. 11/12/2025 File #: 25-0586
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Public Hearing to consider Second Reading and adoption of an Ordinance of the City Council of the City of Orange adopting the 2025 California Wildland-Urban Interface Code and the 2025 California Fire Code, adding Chapter 15.31 and amending Chapter 15.32 of the Orange Municipal Code.
Ordinance No. 17-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 14, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: Dumitru
3. RECOMMENDED ACTION
1. Conduct and close the Public Hearing.
2. Adopt Ordinance No. 17-25. An Ordinance of the City Council of the City of Orange adding and amending Chapter 15.31, City of Orange Wildland-Urban Interface Code, and deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2025 California Codes and portions of the 2024 International Codes as the City of Orange Wildland-Urban Interface Code and the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.
4. ATTACHMENTS
· Ordinance No. 17-25
City of Orange Printed on 11/6/2025Page 1 of 1
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876
ORDINANCE 17-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE ADDING AND AMENDING CHAPTER 15.31,
CITY OF ORANGE WILDLAND-URBAN INTERFACE
CODE, AND DELETING CHAPTER 15.32, CITY OF
ORANGE FIRE CODE, IN ITS ENTIRETY AND ADDING
CHAPTER 15.32, ADOPTING AND AMENDING THE 2025
CALIFORNIA CODES AND PORTIONS OF THE 2024
INTERNATIONAL CODES AS THE CITY OF ORANGE
WILDLAND-URBAN INTERFACE CODE AND THE CITY
OF ORANGE FIRE CODE, TO TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE ORANGE MUNICIPAL CODE.
WHEREAS, the City of Orange Fire Department is responsible for enforcing the fire and safety regulations of the State Fire Marshal; and
WHEREAS, the State Fire Marshal’s building standards regulations are incorporated in the 2025 California Wildland-Urban Interface Code and 2025 California Fire Code; and WHEREAS, the City is subject to the California Wildland-Urban Interface Code and Fire Code, as written, effective January 1, 2026 unless the City adopts amendments to said Codes, with the appropriate findings supporting such amendments; and WHEREAS, cities are allowed to make amendments to State building standards when justified by local topographical, climactic and geographical conditions; and WHEREAS, contemporaneously herewith the City Council has made appropriate findings that justify amendments to the California Wildland-Urban Interface Code and Fire Code based on local topographical, climactic and geographical conditions in Resolution No. 11638; and NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:
SECTION I:
Chapter 15.31, City of Orange Wildland-Urban Interface Code, is added in its entirety, adopting the 2025 California Wildland-Urban Interface Code, as copyrighted in 2025 by the International Code Council and the California Building Standards Commission, is hereby added to read as follows:
Chapter 15.31 CITY OF ORANGE WILDLAND-URBAN INTERFACE CODE
15.31.010 Adoption by Reference.
The City Council adopts by reference the California Wildland-Urban Interface Code, 2025 Edition, as copyrighted by the International Code Council and California Building Standards Commission, 877
2 as hereinafter amended, modified or altered. Such Codes are adopted by reference, for the purpose of safeguarding the public from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. One copy of the code has been and is now on file in the office of the City Clerk, and the code is adopted by reference as if incorporated and set out at length in this chapter. The provisions therein shall be controlling within the limits of the City of Orange and shall be designated, known and referred to as the Orange City Wildland-Urban Interface Code.
15.31.020 Amendments to the California Wildland-Urban Interface Code.
The following sections of the California Wildland-Urban Interface Code, 2025 Edition are amended, modified or altered as follows:
101.1 Title. These regulations shall be known as the Orange City Wildland-Urban Interface Code, hereinafter referred to as “this code.”
101.3.1 Application. New buildings in any Fire Hazard Severity Zone or Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this code and comply with Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” This shall include all new buildings with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in this code as “applicable buildings,” as well as new buildings and structures accessory to those applicable buildings.
Exceptions:
1. Group U occupancy accessory buildings of any size located at least 50 feet from an applicable building on the same lot.
2. Group U occupancy agricultural buildings, as defined in Section 202 of the California Building Code of any size located at least 50 feet from an applicable building.
3. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the Californian Building Code.
4. New accessory buildings and miscellaneous structures specified in Section 504.11 shall comply only with the requirements of that section.
5. Additions to and remodels of buildings originally constructed prior to July 1, 2008, where the exterior building elements of the structure are not affected. 103.1 Creation of agency. The Orange City Fire Department is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration of the provisions of this code. 103.2 Appointment. The fire code official shall be appointed by the fire chief and may be removed at any time.
106.5 Fire protection plan. Where required by the code official pursuant to Section 602, a fire protection plan complying with Orange City Fire Department Guideline “Vegetation Management 878
3 Guideline – Technical Design for new Construction Fuel Modification Plans and Maintenance Program” shall be prepared and shall be submitted to the code official for review and approval as part of the plans required for a permit.
109.3.7 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be prosecuted in accordance with Chapter 1.08 of the Orange Municipal Code. Each day that a violation continues shall be deemed a separate offense.
401.1 Scope. Wildland-urban interface areas shall be provided with emergency vehicle access and water supply in accordance with this chapter, the City of Orange Fire Code and Orange City Fire Department Guideline “Fire Master Plan for Commercial & Residential Development.” 603.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Fire Hazard Severity Zone shall comply with Sections 603.3 through 603.4.2.1, and Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
603.5 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Very High Fire Hazard Severity Zone shall comply with the following:
1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map.
2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.
3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
4. The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.
5. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.
6. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code. 604.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations:
1. Public Resources Code, Section 4291.
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4 2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299.03.
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.
5. Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” SECTION II:
Chapter 15.32, City of Orange Fire Code, is deleted in its entirety and is hereby replaced with Chapter 15.32, adopting the 2025 California Fire Code including appendices B, BB, C, CC, and H as copyrighted in 2025 by the International Code Council and the California Building Standards Commission, to read as amended below:
Chapter 15.32 CITY OF ORANGE FIRE CODE
15.32.010 Adoption by Reference.
The City Council adopts by reference the California Fire Code, 2025 Edition, including appendices B, BB, C, CC, and H as copyrighted by the International Code Council and California Building Standards Commission, as hereinafter amended, modified or altered. Such Codes are adopted by reference, for the purpose of safeguarding the public from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. One copy of the code has been and is now on file in the office of the City Clerk, and the code is adopted by reference as if incorporated and set out at length in this chapter. The provisions therein shall be controlling within the limits of the City of Orange and shall be designated, known and referred to as the Orange City Fire Code.
15.32.020 Amendments to the 2025 California Fire Code.
The following sections of the California Fire Code, 2025 Edition are amended, modified or altered as follows:
101.1 Title. These regulations shall be known as the Orange City Fire Code, hereinafter referred to as “this code.”
103.1 Creation of agency. [Amended] The Orange City Fire Department is hereby created and the official in charge of the Fire Prevention Bureau thereof shall be known as the fire code official.
The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
103.2 Appointment. [Amended] The fire code official shall be appointed by the fire chief and may be removed at any time.
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5 105.1.1 Permits required. [Amended] A property owner or owner’s authorized agent who intends to conduct an operation or business, or install or modify systems and equipment that are regulated by this code, or to cause any such work to be performed, shall first make application to the fire code official and obtain the required permit. The permit shall be required to conduct an operation or business, or install or modify systems and equipment which is regulated by this code, or to cause any such work to be done.
105.5.18 Flammable and combustible liquids. [Adopt all subsections including amended sections] An operational permit is required:
10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental, or manufacturing establishments in accordance with Section 5706.5.4.
11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft, and other special equipment at commercial, industrial, governmental, or manufacturing establishments in accordance with Section 5706.5.4. 105.5.33 Miscellaneous combustible storage. [Amended] An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, combustible pallets, rubber tires, rubber, cork, green waste, composting, yard waste, or similar combustible material. 105.5.42 Plant extraction systems. [Deleted]
105.5.58 Mobile fueling of hydrogen-fueled vehicles. [Deleted] 105.5.60 Day-care. [Added] An operational permit is required to operate a day-care center. 105.5.61 Mid-rise buildings. [Added] An operational permit is required to operate a mid-rise building.
105.5.62 High-rise buildings. [Added] An operational permit is required to operate a high-rise building.
105.5.63 Safe and sane fireworks sales. [Added] An operational permit is required to operate a temporary fireworks stand in accordance with Orange Municipal Code, Chapter 8.13. 105.6.18 Plant extraction systems. [Deleted]
106.2.1 Information on construction documents. [Amended] Construction documents shall be drawn to scale in digital format. Plans shall be submitted through the Civic Portal in accordance with the City of Orange Building Division Plan Submittal Guidelines. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the fire code official. 881
6 113.2.1 Fire and life safety hazards. [Added] Persons operating, maintaining or controlling any building, occupancy, facility, premises or vehicle subject to this code shall neither create, nor allow to exist, any condition deemed a fire or life safety hazard by the fire code official. 113.4 Violation penalties. [Amended] Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be prosecuted in accordance with Chapter 1.08 of the Orange Municipal Code. Each day that a violation continues shall be deemed a separate offense.
203 General Definitions[Amended]
FLOW-LINE. [Added] The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.
HAZARDOUS FIRE AREA . [Added] Includes all areas identified within the California Wildland-Urban Interface Code and other areas as determined by the Fire Code Official as presenting a fire hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation.
MID-RISE BUILDING. [Added] Every building of any type of construction or occupancy, when originally constructed with high-rise conditions under local ordinance at the time of construction, having floors used for human occupancy located between 55 feet and 75 feet above the lowest floor level having building access.
SPARK ARRESTOR . [Added] A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Removing and retaining carbon and other flammable particles/debris from fireplaces that burn solid fuel in accordance with California Building Code Chapters 21 or 28. 304.1.3 Vegetation. [Amended] Weeds, grass, vines and other growth that is capable of being ignited and endangering property, within the scope of Orange City Fire Department Guidelines, shall be cut, thinned, or removed by the owner or occupant of the premises. Vegetation clearance requirements in wildland-urban interface areas shall be in accordance with the Orange City Wildland-Urban Interface Code. Types, amounts, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous fire area shall be in accordance with the Orange City Fire Department Guideline entitled “Vegetation Management Guideline - Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program”. 307.1 General. [Amended] A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless constructed and approved in accordance with Sections 307.1.1 through 307.6.2.1.
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7 307.1.2 Fuel modification areas. [Added] Outdoor fires using wood or other solid fuel shall not be built, ignited or maintained in a fuel modification area. 307.2.2 Hazardous conditions. [Added] Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.
Exception: Gas-fueled devices operated in accordance with 307.6.1. 307.4.4 Disposal of rubbish. [Added] Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. 307.5.1 Supervision. [Added] Where a permit is issued, such open burning or fire shall be supervised by a person 18 years of age or older.
307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at premises containing Group R Occupancies.[Added] Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at premises containing Group R occupancies shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking shall comply with Chapter 41.
307.6.1 Gas-fueled devices. [Added] Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the City of Orange Building Division and the device is designed to only burn a gas flame and not wood or other solid fuel. At premises containing Group R division 3 occupancies, combustible construction shall not be located within 3 feet of an atmospheric column that extends vertically from the perimeter of the device. At premises containing other than Group R division 3 occupancies, the minimum distance shall be 10 feet. Where a permanent hood and vent is installed and approved by the City of Orange Building Department, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have an approved spark arrestor meeting the requirements of Section 2113.9.2 of the California Building Code. 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. [Added] Fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code. Fires in a fireplace shall be contained within a firebox with an attached chimney equipped with a spark arrestor. The spark arrestor shall meet the requirements of Section 2113.9.2 of the California Building Code. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308. 883
8 307.6.2.1 Where prohibited. [Added] The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and Wildland- Urban Interface Areas (WUI) or in locations where conditions could cause the spread of fire to the WRA or WUI unless determined by the fire code official that the location or design of the device should reasonably prevent the start of a wildfire.
308.1.6.1 Model rockets or similar devices. [Added] A person shall not release or cause to be released a model rocket or similar device, fueled by flammable or combustible liquids or gases, or fueled by solid explosive propellant means.
324 Fuel modification requirements for new construction . [Added] All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of the Orange City Fire Department Guideline, “Vegetation Management Guideline - Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
325 Clearance of brush or vegetation growth from roadways. [Added] The fire code official is authorized to cause areas within 10 feet on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire in the opinion of the fire code official. 326 Vegetation management alternate materials and methods. [Added] The fire code official is authorized to require and approve alternate materials and methods to comply with the vegetation management requirements if the fire code official determines that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
Acceptance of alternate materials and methods will be made on a case-by-case basis, and shall not set precedent.
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9 327 Use of equipment. [Added] Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrestor as defined in Section 202 and maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exceptions:
1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the California Vehicle Code.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
327.1 Spark arrestors. [Added] Spark arrestors shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. 328 Development on or near land containing or emitting toxic, combustible or flammable liquids, gases or vapors. [Added] The fire code official may require the submittal for approval of geological studies, evaluations, reports, remedial recommendations and/or similar documentation from a state-licensed and department-approved individual or firm, on any parcel of land to be developed which has, or is adjacent to, or within 1,000 feet of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage, or may contain or give off toxic, combustible or flammable liquids, gases or vapors.
329 Restricted entry. [Added] The fire code official shall determine and publicly announce when hazardous fire areas are closed to entry and when such areas are again opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands may enter when an area is closed if given permission by the fire code official.
2. Entry into closed areas is allowed, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.
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10 501.1 Scope. [Amended] Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, the Orange City Fire Department Guideline “Fire Master Plan for Commercial & Residential Development.” 503.2.1 Dimensions. [Amended] Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Street widths are to be measured from the top face of curb to top face of curb, on streets with curb and gutter, and from flow-line to flow-line on streets with rolled curbs. 503.2.1.1 Hazardous fire areas. [Added] Fire apparatus roads in hazardous fire areas shall have an unobstructed width of not less than 28 feet. The width shall be maintained to an approved point outside of the Hazardous Fire Area.
Exception: When the road serves no more than three dwelling units and the road does not exceed 150 feet in length, the road width may be reduced 24 feet. This length may be increased to 400 feet where serving no more than three dwelling units and all structures accessed from the roadway are protected by automatic fire sprinklers. 503.2.1.2 Divided fire access roads. [Added] Divided fire access roads shall be subject to review and approval by the fire code official. Each lane shall be a minimum width of 14 feet. Lengths and locations of specific divided sections shall be approved by the fire code official. 503.2.5 Dead ends . [Amended] Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus, and shall not exceed 600 feet in length.
503.4 Obstructions of fire apparatus access roads.[Amended] Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established per this Chapter shall be maintained at all times. 503.6 Security gates. [Amended] The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be equipped with an automatic opening device, listed in accordance with UL 325, in addition to a key opening switch. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F 2200. Vehicle access gates or barriers shall be in accordance with the Orange City Fire Master Plan Guidelines. 503.6.1 Electric gate operator signage. [Added] Where electric gate operators are provided with an automatic opening device, signage shall be placed at ingress and egress side of gate. The sign shall consist of letters having a principal stroke of not less than ½ inch wide and not less than 4 inches high on contrasting, reflective background.
505.1 Address Identification. [Amended] New and existing buildings shall be provided with approved address identification. The identification shall be legible and placed in a position that is 886
11 visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.
Numbers shall not be spelled out. Each character shall not be less than 4 inches high with a minimum stroke width of ½ inch for R-3 occupancies. For all other occupancies, the identification shall be a minimum of 8 inches high with a minimum stroke width of 1 inch, and shall be approved by the fire code official. Address numbers shall be illuminated during the hours of darkness. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. 505.1.1 Building complexes. [Added] Approved diagrammatic representations shall be positioned at all entrances to building complexes. The diagrammatic representations shall show the overall site, location of the viewer, buildings and units and the addresses or unit designations within the complex, and shall be internally or externally illuminated as approved during the hours of darkness.
510.1 Emergency responder communications enhancement systems in new buildings. [Amended] Approved in-building emergency responder communications enhancement system (ERCES) for emergency responders shall be provided in all new buildings. In-building ERCES within the building shall be based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. The ERCES, where required, shall be of type determined by the fire code official and the Orange County Sheriff’s Department (OCSD) Technology Division. This section shall not require improvement of the existing public safety communications systems. Notwithstanding the following exceptions, structures of non-combustible construction shall be provided with infrastructure, at construction, to accommodate potential of future requirement.
Exceptions:
1. Where it is determined by the fire code official that the communications coverage system is not needed.
2. In facilities where emergency responder communications coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder communications coverage system.
3. Elevators.
4. Structures that are three stories or less without subterranean storage or parking and that do not exceed 50,000 square feet on any single story.
5. Wood-constructed residential structures four stories or less without subterranean storage or parking that are not built integral to an above ground multi-story parking structure.
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12 6. Structures that are three stories or less and do not exceed 50,000 square feet on any single story, including subterranean storage or parking, shall be provided with coverage only in the subterranean areas.
7. Existing buildings or structures, unless required by the fire code official for buildings and structures undergoing extensive remodel and/or expansion. 510.2 Emergency responder communications enhancement system in existing buildings. [Amended] A third-party test report shall be conducted to verify need for coverage, when determined as necessary, at the discretion of the fire code official. 510.4.2.2 Technical criteria. [Amended] The fire code official shall maintain a document, in accordance with the OCSD Technical Division Guideline, providing the specific technical information and requirements for the in-building emergency responder enhancement system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, effective radiated power of radio sites, the maximum propagation delay in microseconds, the applications being used and other supporting technical information necessary for system design.
510.5.3 Minimum qualifications of personnel. [Amended] The minimum qualifications of the system designer and lead installation personnel shall be in accordance with the OCSD Technical Division Guideline.
510.5.4 Acceptance test procedure. [Amending only item 7] When an in-building emergency responder enhancement system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent. The test procedure shall be conducted as follows, or by a method approved by the fire code official:
7. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and subsequent annual inspections by the FCC licensed technician hired by the property owner and an OCSD Technology Division FCC-certified technician.
510.6.1 Testing and proof of compliance. [Amended]
The owner of the building or owner’s authorized agent shall have the emergency responder enhancement system inspected and tested annually or when structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following:
1. In-building coverage test as described in Section 510.5.4.
2. Signal boosters shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance.
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13 3. Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined.
4. All active components shall be checked to verify operation within the manufacturer’s specifications.
5. Systems 10 years or older from the date of installation shall be considered “End of Life” and shall be referred to OCSD Technology Division to initiate replacement or repair in accordance with current requirements.
At the conclusion of the testing, a certification report, which shall verify compliance with Section 510.5.4, shall be submitted by the FCC licensed technician to OCSD Technology Division and the fire code official. Failure to submit to the fire code official shall constitute a violation and will be prosecuted in accordance with Section 113.
If noncompliance is found, the FCC licensed technician will assess improvements necessary and provide such information to OCSD Technology Division and the fire code official. The report shall be submitted to the fire code official within 14 days of failed test. 605.10.2 Automatic and manual operation. [Amended] An automatic emergency stop feature shall be provided in accordance with Sections 605.10.2.1 and 605.10.2.2, and shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as “Emergency Controls.” 901.6.1.1 Maintenance of smoke alarms in hotels/motels and apartment buildings. [Added] Installation and maintenance of smoke alarms in apartment buildings shall conform to the following:
1. Apartment building owners shall supply, install, test and maintain all required smoke alarms before renting to a new tenant. The amount and types of smoke alarms shall conform to the California Building Code in effect at the time of building construction and requirements for existing buildings.
2. The tenant shall be responsible for testing of all required smoke alarms in accordance with manufacturer instructions in his/her respective dwelling unit. Within 60 days of the first of each year, the owner shall request each tenant for the status of all smoke alarms.
3. Within 10 days of receiving the smoke alarm status request, and in no event later than March 10 of each year, each tenant shall notify the owner, in writing, on a form provided by the owner, of the condition of each required smoke alarm installed in the dwelling unit.
4. Upon receipt of a written notice from a tenant that a smoke alarm is in need of maintenance or replacement, the owner shall perform such maintenance as is necessary within 10 days of receipt of such notification.
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14 5. The hotel/motel or apartment owner shall maintain records of compliance for a period of three years from March 10 of each year.
903.2 Where required . [Amended] Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists and in the locations described in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21, as applicable.
New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, all buildings shall be protected throughout by an automatic fire sprinkler system when the total building area exceeds 5,000 square feet in Types I, II, III and IV construction, and 3,000 square feet in Type V construction as defined in the California Building Code, regardless of fire areas or allowable area.
Exceptions:
1. Commercial buildings with areas reduced to less than that requiring fire sprinklers using 3-hour rated fire walls, or greater as determined by code for specified occupancies, constructed in accordance with the California Building Code Chapter 7.
Existing Buildings: Notwithstanding any applicable provisions of this code, an existing building shall be protected throughout by an automatic fire sprinkler system when the building meets the conditions for required automatic fire sprinkler protection throughout, and one or more of the following conditions occurs:
1. An area increase of 33% or more is made to a building, resulting in an area requiring installation of an automatic fire sprinkler system in a new building.
Exception: Buildings housing Group R-3 occupancies shall be protected throughout by an automatic fire sprinkler system when the area of the building is modified, resulting in an area exceeding 5,000 square feet.
2. A change is made to the occupancy classification and use of the building which increases the level of hazard as determined by the fire code official. When the occupancy is changed to an assembly use, the requirements of Section 903.2.1 shall apply.
3. A significant modification is made to the building, or a modification impacting approximately 50% the structural system of the building as determined by the fire code official. A significant modification is considered where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.
903.3.5.3 Hydraulically calculated systems. [Added] The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. The capacity shall be calculated using the lowest water supply flow test conducted in accordance with National Fire Protection Association (NFPA) within the last 12 calendar months. 890
15 903.4.3 Alarms. [Amended] An approved audible and visual sprinkler waterflow alarm device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system.
Where a waterflow switch is required by Section 903.4.1 to be electrically supervised, such sprinkler waterflow alarm devices shall be powered by a fire alarm control unit or, where provided, a fire alarm system. Where a fire alarm system is provided, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
Exception: Automatic sprinklers systems protecting one- and two-family dwellings shall be provided with an audible waterflow alarm device, located on the exterior of the building in an approved location, and interconnected with smoke alarms for occupant evacuation notification. 903.4.4 Locking of control valves. [Added] All valves required to be electrically supervised by this section shall also be sealed or locked in the position of normal operation. 904.3.5 Monitoring. [Amended] Where a building fire alarm or monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm or monitoring system in accordance with NFPA 72.
905.4.3 Height of outlet . [Added] The centerline of the 2.5-inch outlet shall be no less than 18 inches and no more than 24 inches above the finished floor. 905.7 Cabinets [Amended] Cabinets containing firefighting equipment, such as standpipes, fire hose, fire extinguishers or fire department valves, shall not be blocked from us or obstructed from view. Class I standpipe outlet enclosures shall not be provided with doors, shall have minimum centerline clearance of 18 inches on all sides facing the standpipe, and minimum of 9-inch clearance between valve and back of opening.
Chapter 11 Construction Requirements for Existing Buildings . Only those sections and subsections as adopted by the State Fire Marshal.
Chapter 25 Fruit and Crop Ripening. [Deleted]
Chapter 26 Fumigation and Insecticidal Fogging. [Deleted] 2808.2 Storage site. [Amended] Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site. 2808.3 Size of piles or stacks. [Amended] Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Stackable products shall not be stacked in excess of 20 feet in height, 50 feet in width and 100 feet in length.
2808.3.1 Increase in pile or stack size. [Amended] Piles or stackable products are permitted to be increased beyond the dimensions in Section 2808.3, provided that a written fire protection plan 891
16 is approved by the fire code official. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. The fire protection plan shall include, but is not limited to, the following:
[Adopt all subsections including the following amendments].
1. The contact information of a responsible person, or persons, shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.
4. The potential for spontaneous heating shall be evaluated and provisions made to control the temperature of the piles. Methods for monitoring the internal temperature of the pile shall be provided. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable. 2808.7 Pile fire protection . [Amended] Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas. 2808.9 Material-handling equipment. [Amended] All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrestor.
Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations. 3208.3.1 Flue space protection. [Amended] Flue spaces required by Table 3208.3 above the first tier of storage in single-, double- or multiple-row rack storage installations shall be equipped with approved protection devices. Devices shall be fabricated of ¼” minimum thickness steel or other approved material and shall extend a minimum of 4 inches above the shelves or cross members when in the mounted position. Such devices shall not be removed or modified. 4104.5 Separation of cooking tents. [Amended] Tents with sidewalls or drops where cooking is performed shall be separated from other tents or membrane structure by not less than 20 feet.
Exceptions:
1. Small tents limited to 100 square feet that are accessory to the cooking operation of the cooking tent and are not occupied by the public.
2. Groups in compliance with Section 4104.5.1.
4104.5.1 Groups of cooking tents. [Amended] Cooking tents shall be permitted to be placed side by side where the following conditions are met:
892
17 1. The area of the cooking tents has a maximum area of 700 square feet.
2. Each grouping of tents shall have a fire break clearance of 20 feet.
3. The fire access aisle separating rows of cooking tents has a minimum width of 20 feet. 5003.1.1.1 Extremely Hazardous Substances. [Added] No person shall use or store any amount of extremely hazardous substances (EHS), as defined in 40 CFR part 355.61, in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al.) in a residentially zoned or any residentially developed property.
5004.12 Noncombustible floor. [Amended] Except for surfacing, floors of storage areas shall be of noncombustible, liquid-tight construction.
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 & Sane) is permitted under Chapter 8.13 of the Orange Municipal Code. The storage, use, sale, possession, and handling of fireworks 1.3G is prohibited.
Exceptions:
1. Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6, see Section 5608.
2. Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator 5601.2.2.1 Permits. [Added] A permit shall be required as set forth in Sections 105.5.63. 5601.7 Seizure . [Amended] The fire code official shall have the authority to seize, take, and remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials, or fireworks offered or exposed for sale, stored, possessed, or used in violation of this chapter.
5608.1 General. [Amended] Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks, the Orange City Fire Department Guidelines for Public Fireworks Displays, with the conditions of the permit as approved by the fire code official and this section. 5608.2 Firing. [Added] All fireworks displays shall be electrically fired. 5608.3 Permits. [Added] A permit shall be required as set forth in Sections 105.5. 893
18 5608.3.1 Application for Permit. [Added] The application for permit shall include a dimensioned or scaled diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged. The fallout area shall be identified based on 100 feet per inch of shell size. Details shall include, but not be limited to, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions. 5701.1.1 On-Demand Mobile Fueling. [Added] On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.
5704.2.9.6.1 Location where above-ground tanks are prohibited. [Amended] Above-ground tanks shall be prohibited except for the following locations:
1. M-1 or M-2 zones as established by the Planning Division of the City of Orange Community Development Department, and as
2. As approved by the fire code official.
5704.2.11 Underground tanks. [Amended] Underground storage of flammable and combustible liquids in tanks shall comply with Section 5704.2 and Sections 5704.2.11.1 through 5704.2.11.4.2.1, the applicable Sections of Chapter 50, and California Health and Safety Code (H&SC) Ch. 6.7.
Section 5707 On-Demand Mobile Fueling Operations. [Deleted] Section 5801.1 Scope. [Amended] The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55.
Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.
Exceptions:
1. Gases used as refrigerants in refrigeration systems (see Section 605).
2. Liquefied petroleum gases and natural gases regulated by Chapter 61.
3. Fuel-gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances.
4. Pyrophoric gases in accordance with Chapter 64.
Section 5809 Mobile Gaseous Fueling of Hydrogen-Fueled Vehicles. [Deleted] 894
19 6004.2.2.7 Treatment Systems. [Deleted and Replaced] The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, and local exhaust systems required in Sections 6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
Exceptions:
1. Highly toxic and toxic gases–storage/use. Treatment systems are not required for toxic gases supplied by cylinders or portable tanks not exceeding 1,700 pounds (772 kg) where all of the following controls are provided:
1.1 A listed or approved gas detection system with a sensing interval not exceeding 5 minutes.
1.2 A listed and approved automatic-closing fail-safe valve located immediately adjacent to cylinder valves. The fail-safe valve shall close when gas is detected at the permissible exposure limit (PEL) by a gas detection system monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room. The gas detection system shall comply with Section 6004.2.2.10.
Chapter 80 Referenced Standards
NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems
9.4.3.1 [Amended] When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
1. Quick-response type as defined in 3.3.223.4.16
2. Residential sprinklers in accordance with the requirements of Chapter 12
3. Quick response CMSA sprinklers
4. ESFR sprinklers
5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers
6. Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems
895
20 16.12.2 [Amended] The following systems shall not require a fire department connection:
(1) Buildings located in remote areas that are inaccessible for fire department support (2) Large-capacity deluge systems exceeding the pumping capacity for the fire department
16.12.3.1 [Delete and Replace] The FDC shall contain a minimum of two 2 1/2" inlets. The location shall be approved and be no more than 40 feet from a fire hydrant, and at least 40 feet from the building it supplies unless otherwise approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water purveyor, it may be installed on the backflow assembly. Fire department inlet connections shall be painted "OSHA safety red." Four 2 1/2" inlets shall be provided when the automatic fire sprinkler system design (including system-supplied fire hose stream demand) requires 500 gpm or greater.
19.1.1.1 [Added] When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Table 21.4.1.2.1 (c) Commodity Class IV, Nonencapsulated. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy.
NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes
7.1.2 [Delete and Replace] The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
NFPA 14, 2024 Edition, Standard for the Installation of Standpipe and Hose Systems
9.5.1.1 [Amended] Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.
NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances
6.2.8.1 [Added] All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
896
21 6.2.9 [Amended] All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
1. A post indicator valve installed not less than 40 feet from the building.
1.1 For buildings less than 40 feet (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 feet but at least as far from the building as the height of the wall facing the post indicator valve.
2. A wall post indicator valve.
3. An indicating valve in a pit, installed in accordance with Section 6.4.
4. A backflow preventer with at least one indicating valve not less than 40 feet from the building.
4.1 For buildings less than 40 feet in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 feet but at least as far from the building as the height of the wall facing the backflow preventer.
5. Control valves installed in a fire-rated room accessible from the exterior.
6. Control valves in a fire-rated stair enclosure accessible from the exterior.
10.1.5 [Added] All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose, 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch- wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings
10.4.3.1 [Amended]Private fire service mains supplying fire protection systems within the building shall be permitted to extend no more than 24 inches, as measured from the outside of the building, under the building to the riser location.
10.4.3.2 [Amended] Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.
Appendices D, E, F, G, I, J, K, L, M and N. [Deleted]
SECTION III:
Severability – Should any sentence, section clause, part or provision of this ordinance be declared invalid, the same shall not affect the validity of the ordinance as a whole or any other part thereof.
897
22 SECTION IV:
Savings Clause – 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 license 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 constructed as restatements and continuations, and not as new enactments.
SECTION V:
References to Prior Code – Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former adopted Orange City Fire Code and references relating to Wildland-Urban Interface shall be construed to apply to the corresponding provisions within the 2025 Orange City Fire Code and 2025 Orange City Wildland- Urban Interface Code. Ordinance No. 07-22 of the City of Orange and all other ordinances and parts of ordinances in conflict herewith are hereby superseded and expressly repealed.
SECTION VI:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION VII:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this ____ day of ________________, 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
898
23 APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 14th day of October, 2022, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______, 2022, 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
899
Agenda Item
Orange City Council
Item #: 9.1. 11/12/2025 File #: 25-0614
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Cody Kleen, Acting Human Resources Director
1. SUBJECT
Executive Management and Senior Management employees’classification, compensation, and terms of employment. Resolution No. 11644.
2. SUMMARY
Resolution No. 11644 amends the compensation and terms of employment for the City’sExecutive Management and Senior Management employees for the period of July 1, 2025 through June 30, 2026.
3. RECOMMENDED ACTION
Adopt Resolution No. 11644. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11599 and all amendments thereto and the classification, compensation, and terms of employment of Executive Management and Senior Management employees.
4. FISCAL IMPACT
The total cost is $275,200 of which $206,400 is General Fund. These adjustments are covered by vacancies in the Fiscal Year 2025-2026 budget.
5. STRATEGIC PLAN GOALS
Goal 4: Employee Retention and Recruitment
6. DISCUSSION AND BACKGROUND
The City’s Top Management employees are a group of unrepresented employees whose classification, compensation, and terms of employment are covered by a City Council-adopted Resolution. The Top Management Resolution covers the City’sexecutives, division managers, and other senior management employees who are deemed confidential employees and are exempt from overtime provisions of the Federal Labor Standards Act (FLSA). The most recent Resolution covered July 1, 2024 through June 30, 2025.
Pursuant to City Council direction at the October 28th meeting, a Resolution is proposed for the period of July 1, 2025, through and including June 30, 2026, which incorporates four (4) modified terms consistent with what other City bargaining groups received earlier this fiscal year. They include:
1. Allowing the existing Educational Assistance benefit amount to be utilized to pursue higher City of Orange Printed on 11/6/2025Page 1 of 2
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900
Item #: 9.1. 11/12/2025 File #: 25-0614
1. Allowing the existing Educational Assistance benefit amount to be utilized to pursue higher education as well as professional development activities.
2. Increasing the City’sSection 125 Flexible Benefits Plan contribution amounts by $100.00 per month (no increase to the monthly waiver amount), effective January 1, 2026.
3. Amending the holiday schedule to include Martin Luther King Jr. Day as a paid holiday.
4. Providing a two percent (2%) Across-the-Board increase to base salary for all classifications included in the Resolution, effective June 29, 2025.
The Resolution also incorporates language changes and updates that provide greater clarity and conform the Resolution to current practices and regulatory compliance.
7. ATTACHMENTS
· Resolution No. 11644
City of Orange Printed on 11/6/2025Page 2 of 2
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901
Agenda Item
Orange City Council
Item #: 9.1. 11/12/2025 File #: 25-0614
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Cody Kleen, Acting Human Resources Director
1. SUBJECT
Executive Management and Senior Management employees’classification, compensation, and terms of employment. Resolution No. 11644.
2. SUMMARY
Resolution No. 11644 amends the compensation and terms of employment for the City’sExecutive Management and Senior Management employees for the period of July 1, 2025 through June 30, 2026.
3. RECOMMENDED ACTION
Adopt Resolution No. 11644. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11599 and all amendments thereto and the classification, compensation, and terms of employment of Executive Management and Senior Management employees.
4. FISCAL IMPACT
The total cost is $275,200 of which $206,400 is General Fund. These adjustments are covered by vacancies in the Fiscal Year 2025-2026 budget.
5. STRATEGIC PLAN GOALS
Goal 4: Employee Retention and Recruitment
6. DISCUSSION AND BACKGROUND
The City’s Top Management employees are a group of unrepresented employees whose classification, compensation, and terms of employment are covered by a City Council-adopted Resolution. The Top Management Resolution covers the City’sexecutives, division managers, and other senior management employees who are deemed confidential employees and are exempt from overtime provisions of the Federal Labor Standards Act (FLSA). The most recent Resolution covered July 1, 2024 through June 30, 2025.
Pursuant to City Council direction at the October 28th meeting, a Resolution is proposed for the period of July 1, 2025, through and including June 30, 2026, which incorporates four (4) modified terms consistent with what other City bargaining groups received earlier this fiscal year. They include:
1. Allowing the existing Educational Assistance benefit amount to be utilized to pursue higher City of Orange Printed on 11/6/2025Page 1 of 2
powered by Legistar™
902
Item #: 9.1. 11/12/2025 File #: 25-0614
1. Allowing the existing Educational Assistance benefit amount to be utilized to pursue higher education as well as professional development activities.
2. Increasing the City’sSection 125 Flexible Benefits Plan contribution amounts by $100.00 per month (no increase to the monthly waiver amount), effective January 1, 2026.
3. Amending the holiday schedule to include Martin Luther King Jr. Day as a paid holiday.
4. Providing a two percent (2%) Across-the-Board increase to base salary for all classifications included in the Resolution, effective June 29, 2025.
The Resolution also incorporates language changes and updates that provide greater clarity and conform the Resolution to current practices and regulatory compliance.
7. ATTACHMENTS
· Resolution No. 11644
City of Orange Printed on 11/6/2025Page 2 of 2
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903
RESOLUTION NO. 11644
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RESCINDING RESOLUTION
NO. 11599 AND ALL AMENDMENTS THERETO
AND APPROVING PROVISIONS RELATING TO
THE CLASSIFICATION , COMPENSATION, AND
TERMS OF EMPLOYMENT OF EXECUTIVE
MANAGEMENT AND SENIOR MANAGEMENT
EMPLOYEES
WHEREAS, the employees covered by this Resolution constitute unrepresented management personnel; and
WHEREAS, the City Council has consulted with the City Manager and Human Resources Director concerning the proposed terms of employment contained herein; and
WHEREAS, the City Council wishes to set forth the wages, hours, and terms of employment for the period of July 1, 202 5, through and including June 30, 202 6, for those management employees covered herein; and
WHEREAS, at the direction of City Council on October 28, 2025, this Resolution proposes to adjust three benefit terms including Martin Luther King Jr. Holiday, medical contributions, and professional development; and
WHEREAS, all salary ranges for the classifications covered herein must be authorized by the City Council and published by the City in order for the salary range to be considered pension- reportable, pursuant to California Public Employees’ Retirement System law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby (1) rescinds Resolution No. 11599 and all amendments thereto; and (2) adopts the compensation and terms of employment through June 30, 2026, for Executive Management and Senior Management employees contained in Appendices A and B, as fully set forth herein.
ADOPTED this 12th day of November 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
904
2 APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 12th day of November 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
905
EXECUTIVE MANAGEMENT
&
SENIOR MANAGEMENT
RESOLUTION
JULY 1, 2025 THROUGH JUNE 30, 2026
906
TABLE OF CONTENTS
SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS. 1 SECTION 2. SALARY AND WAGE SCHEDULE. 1
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. 2 SECTION 4. BEGINNING RATES. 2
SECTION 5. SERVICE. 2
SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. 2
SECTION 7. REDUCTION IN SALARY STEPS. 3
SECTION 8. BILINGUAL ASSIGNMENT. 3
SECTION 9. LONGEVITY FOR SAFETY CHIEFS. 3
SECTION 10. EDUCATIONAL INCENTIVE PROGRAM. 4
SECTION 11. INCENTIVE PAY PLAN. 4
SECTION 12. PROMOTION. 5
SECTION 13. DEMOTION. 5
SECTION 14. REASSIGNMENT OF COMPENSATION RANGES. 5 SECTION 15. AT-WILL STATUS. 5
SECTION 16. ACTING TIME PAY. 6
SECTION 17. ADMINISTRATIVE LEAVE. 6
SECTION 18. HOLIDAYS. 7
SECTION 19. VACATION. 8
SECTION 20. PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES’ ELIGIBILITY FOR FRINGE BENEFITS. 9 SECTION 21. LEAVES OF ABSENCE. 10
SECTION 22. HEALTH INSURANCE. 16
SECTION 23. OTHER INSURANCES. 17
SECTION 24. RETIREMENT. 18 SECTION 25. OTHER FRINGE BENEFITS. 19 907
TABLE OF CONTENTS (CONTINUED)
ii
SECTION 26. DIRECT DEPOSIT. 21
SECTION 27. TRAVEL EXPENSE ALLOWED. 21
SECTION 28. GRIEVANCE PROCEDURE. 21
SECTION 29. EFFECTIVE DATES. 22
APPENDIX A EXECUTIVE MANAGEMENT 22
APPENDIX B SENIOR MANAGEMENT 23
[Remainder of page intentionally left blank.]
908
1 SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS.
A. A basic compensation plan is established for all Executive and Senior Management employees of the City of Orange who are now employed or will in the future be employed in any of the classifications of employment listed in this Resolution and its Appendices.
B. The compensation for the City Manager and City Attorney shall be established by contract and they shall receive those benefits and be governed by all applicable rules and regulations related to those benefits provided for Executive Management.
C. Whenever the term "Department Head" is used, it shall be understood to include the City Manager and City Attorney when the personnel action affects a Department Head.
D. Whenever the term “Top Management” is used, it shall be understood to include all covered employees within this Resolution.
E. Whenever the term “Executive Management” is used, it shall be understood to include all classifications within Appendix A.
F. Whenever the term “Senior Management” is used, it shall be understood to include all classifications within Appendix B.
G. Except as amended by a written instrument formally approved by the City Council, the City Manager and City Attorney shall receive the fringe benefits that are afforded to Executive Management and shall have their compensation and terms of employment set forth herein.
SECTION 2. SALARY AND WAGE SCHEDULE.
The monthly salaries for employees covered by this Resolution are hereby incorporated, and listed in Appendices A and B.
The attached salary and wage schedules shall constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range.
The respective ranges shall be identified by number and the steps by the letters A to F inclusive. The minimum length of service required for advancement to the next higher step is provided in Sections 5 and
6. The City Manager reserves the right to grant an additional salary increase of up to five percent (5.0%) for any classifications described herein in Appendices A and B. Any such increases shall not exceed a total cost of one percent (1.0%) of payroll for Top Management employees.
In an effort to avoid compaction between classifications, the following classification shall be compensated with a salary differential as follows:
The Police Chief shall be paid at least ten percent (10.0%) above the base salary of the Police Captain classification.
909
2 SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN.
The compensation ranges and steps contained in the attached salary schedule are monthly compensation rates.
For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by twelve (12) divided by two thousand eighty ( 2080) annual hours. In determining the hourly rate, compensation shall be calculated to the nearest one-half (½) cent.
Part-time employees who are scheduled to work an average of at least twenty (20) hours per week on a year-round basis may be considered for advancement to the next higher step upon completion of two thousand eighty (2080) hours of employment.
SECTION 4. BEGINNING RATES.
A new employee of the City shall be paid the rate shown in Step A in the range allocated to the class of employment for which the employee has been hired, except that on the request of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed in Steps B through F depending upon the employee's qualifications.
SECTION 5. SERVICE.
The word service, as used in this Resolution, shall be defined to mean continuous, full-time service in the employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.
A lapse of service by any employee for a period of time longer than thirty ( 30) days by reason of resignation or discharge eliminate s the accumulated length of service time of such employee for the purpose of this Resolution. Employees re-entering the service of the City shall be considered as a new employee, except that the employee may, at the discretion of the City, be re-employed within one (1) year and placed in the same salary step in the appropriate compensation range , and earn the same vacation accrual rate, as the employee was at the time of the separation of employment.
SECTION 6. ADVANCEMENT WITHIN SALARY RANGES.
The following regulations shall govern salary advancement:
A. Merit Advancement. An employee shall be considered for advancement through the salary range upon completion of the minimum length of service required. The effective date of such merit increase, if granted, shall be the first day of the next pay period following the completion of the length of service required for such advancement. Advancement through the salary ranges Steps A through F may be granted only for continuous, meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of the position. Such merit advancement shall require the following:
1) The Department Head shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons. 910
3 If denied by the Human Resources Director, the reason for denial will be provided to the Department Head.
2) Advancements through the pay ranges Step A through Step F, shall occur, if granted, in yearly increments.
3) A lapse of service of thirty (30) continuous calendar days or more for any reason shall extend the due date for the merit performance evaluation by an equal number of days absent.
B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that the employee be advanced to a higher pay step without regard to the minimum length of service requirements contained in this Resolution. With concurrence of the City Manager, t he Human Resources Director may, on the basis of a Department Head's recommendation, approve such an advancement.
SECTION 7. REDUCTION IN SALARY STEPS.
Any employee who is being paid on a salary step higher than Step A may be reduced by one (1) or more steps upon the recommendation of the Department Head, and with the approval of the Human Resources Director. Such reduction shall take place only after the employee has been notified of the reasons and has had an opportunity to respond. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and such employee may be considered for re-advancement under the same provisions as contained in Subsection A of Section 6.
SECTION 8. BILINGUAL ASSIGNMENT.
Employees covered by this Resolution may be assigned by the Department Head, with approval of the Human Resources Director, to a bilingual assignment. The Department Head shall determine the number of bilingual assignment positions which are necessary based upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive an additional one hundred forty dollars ($140.00) per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis as determined by the Human Resources Department. No permanency or seniority may be obtained in a bilingual assignment, and such assignment may be revoked at any time by the Human Resources Director or a duly authorized designee. This form of pay , also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for members hired on or after January 1, 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA) pursuant to CalPERS Regulations, Section 571.1(b)(3). However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
SECTION 9. LONGEVITY FOR SAFETY CHIEFS.
A. In an effort to maintain equality with subordinate classifications, the Fire Chief shall be eligible for Longevity Pay as follows:
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4 Years of Service Monthly
Incentive
20 $550.00
25 $750.00
B. In an effort to maintain equality with subordinate classifications, the Police Chief shall be eligible for Longevity Pay as follows:
Years of Service Monthly
Incentive
15 $250.00
20 $500.00
25 $1,250.00
C. This form of pay, also referred to as “Longevity Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(1), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(1). However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
SECTION 10. EDUCATIONAL INCENTIVE PROGRAM.
A. Employees covered by this Resolution, other than the Police Chief and Fire Chief, with postgraduate degrees (i.e., Master’s degree or higher) shall be eligible to receive six hundred dollars ($600.00) per month.
B. In an effort to maintain equality with subordinate classifications, the Fire Chief shall receive five hundred fifty dollars ($550.00) per month for a Bachelor’s degree or seven hundred fifty dollars ($750.00) per month for a Master’s degree.
C. In an effort to maintain equality with subordinate classifications, the Police Chief shall receive seven hundred dollars ($700.00) for a Bachelor’s degree or nine hundred fifty dollars ($950.00) per month for a Master’s degree.
D. This form of pay, also referred to as “Educational Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2). However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
SECTION 11. INCENTIVE PAY PLAN.
The City Manager may, for the employees covered by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at the City Manager’s full discretion.
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5 SECTION 12. PROMOTION.
When an employee is promoted to a position in a higher classification, the employee may be assigned to the step in the new salary range which provides for at least a five percent (5 .0%) increase. With the approval of the Department Head and Human Resources Director, the employee may be placed in the step in the new salary range as will grant the employee an increase of at least one, but not more than three salary steps.
SECTION 13. DEMOTION.
When an employee is demoted to a position in a lower classification, the salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step.
B. The new salary rate must be within the salary range for the classification to which the employee was demoted.
SECTION 14. REASSIGNMENT OF COMPENSATION RANGES.
Any employee who is employed in a classification which is assigned to a different pay range shall be retained in the same salary step in the new range as the employee previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however:
A. That if such retention results in the advancement of more than one (1) step, the Human Resources Director may at the time of reassignment, place the employee in a step which will result in an increase of only one step.
B. That if the reassignment is to a lower compensation range, the F step of which is lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position is reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range.
C. That if the reassignment is to a lower compensation range, the F step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired in such step toward advancement to the next higher step. If there is no equivalent step, the employee shall be placed in the step which is closest to, but not less than, the employee’s current salary step.
SECTION 15. AT-WILL STATUS.
Members of Top Management serve at the pleasure of the City Manager , with the exception of those members within the City Attorney’s Office who serve at the pleasure of the City Attorney. Consideration for advancement, reduction, demotion, termination, or reassignment shall be at the initiation of the City Manager or City Attorney, as applicable, and in accordance with the Orange Municipal Code. In addition, 913
6 all employees covered by this Resolution are employed at-will and serve in accordance with Title 2 of the Orange Municipal Code.
SECTION 16. ACTING TIME PAY.
An employee shall receive acting time pay, as further defined below, at A Step of the higher class, or five percent (5.0%) above the employee's regular salary, whichever is greater, for work performed in the higher classification. The Department Head or the authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment.
A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent’s approved leave of absence, said employee shall receive a Temporary Upgrade Pay premium. Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is “compensatio n to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration.”
For Classic Members, the above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, it is ultimately CalPERS who determines if any form of pay is reportable special compensation. However, Temporary Upgrade Pay will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA).
B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation, promotion, demotion or termination. Gov ernment Code Section 20480 of the Public Employees' Retirement Law (PERL) defines an “out -of-class appointment” to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a “vacant position” refers to a position that is vacant during recruitm ent for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence (see “Temporary Upgrade Pay” above).
SECTION 17. ADMINISTRATIVE LEAVE.
Employees covered by this Resolution are exempt from Fair Labor Standards Act overtime provisions as executive, administrative, and professional employees. This Resolution establishes a pay system which provides all covered employees with sick leave and other leave which covered employees use for purposes of public accountability. However, the City will provide paid administrative leave as follows:
A. Regular full-time employees identified in Appendix A shall accrue eighty (80) hours of administrative leave annually for continuous service.
B. Regular full-time employees identified in Appendix B shall accrue sixty-three (63) hours of administrative leave annually for continuous service.
C. Employees hired after January 1 st of each year shall receive a prorated portion of the administrative leave during their first calendar year of employment.
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7 D. The minimum charge to the employee's administrative leave account shall be one-quarter (¼) hour, while additional actual absence of over one -quarter (¼) hour shall be charged to the nearest one-half (½) hour.
E. Usage of administrative leave shall be at the convenience of the City with the approval of the respective Department Head or City Manager.
F. All administrative leave shall accrue January 1st of each year.
G. Annually, unused administrative leave at the end of the calendar year , and upon retiring from City service and entering CalPERS as a retired annuitant shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C).
H. Unused administrative leave upon separation for reasons other than retirement shall be forfeited.
SECTION 18. HOLIDAYS.
Employees covered by this Resolution shall receive the following nine (9) hour paid holidays (10 hours for employees assigned to Fire or Police Departments):
1) January 1st (New Year’s Day)
2) Third Monday in January (Martin Luther King Jr. Day) 3) The third Monday in February (Presidents’ Day)
4) Last Monday in May (Memorial Day)
5) July 4th (Independence Day)
6) First Monday in September (Labor Day)
7) November 11th (Veterans Day)
8) Fourth Thursday in November (Thanksgiving Day)
9) Fourth Friday in November (day after Thanksgiving)
10) December 24th (Christmas Eve), if it falls on a Monday through Thursday 11) December 25th (Christmas Day)
A. Floating Holidays. In addition to the above, employees will have credited to their paid leave balance twenty-two and one half ( 22.5) floating holiday hours beginning January 1 st of each year. Employees hired after January 1 st of each year shall receive a prorated portion of the twenty-two and one half ( 22.5) floating holiday hours during their first calendar year of employment. The floating holiday hours shall be taken at the convenience of the City with the approval of the City Manager , Department Head or a duly authorized designee . Unused floating holiday hours at the end of the calendar year or upon separation from City service shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C).
B. Holidays on Certain Days of the Week. In the event any of the above holidays, except Christmas Eve, fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except Christmas Eve, the preceding Friday will be taken in lieu of the actual date on which the holiday falls.
When any of the above holidays falls on an employee’s regularly scheduled day off during the week, except Christmas Eve, employees will b e credited with nine (9) hours (ten (10) hours 915
8 for employees assigned to the Fire and Police Departments) of holiday compensatory time.
Accumulated holiday compensatory time must be used by the employee by June 30th of the same fiscal year in which it was accumulated. Unused holiday compensatory time shall be paid in cash to an employee upon separation of employment.
C. Eligibility to Receive Holiday Pay. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of a n approved absence, the employee's regularly scheduled day before and regularly scheduled day after the holiday.
Newly hired employees are provided with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines established in this Section, and/or with approval of the Human Resources Director.
D. Holidays During Vacation. Should the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation.
SECTION 19. VACATION.
A. Vacation Accrual. All full-time regular employees described herein accrue paid vacation in accordance with the following schedules.
1) For Executive Management, the following schedule shall apply:
Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 144 16 208
2 149 17 212
3 154 18 216
4 159 19 220
5 164 20 224
6 170 21 228
7 172 22 232
8 176 23 236
9 180 24 240
10 184 25 244
11 188 26 248
12 192 27 252
13 196 28 256
14 200 29 260
15 204 30 264
2) For Senior Management, the following schedule shall apply:
Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 104 16 188
2 114 17 192
3 124 18 196
4 134 19 200
5 144 20 204
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9 6 148 21 208
7 152 22 212
8 156 23 216
9 160 24 220
10 164 25 224
11 168 26 228
12 172 27 232
13 176 28 236
14 180 29 240
15 184 30 244
B. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the City with the approval of the Department Head. Where possible, such vacation should be taken annually and not accumulated from year to year. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding 24 -month period. Employees with less than one (1) year’s continuous service shall accrue vacation but may not use vacation until successful completion of six (6) months of active City service is complete, except with the approval of the City Manager, or in the event of a City Hall holiday closure, with approval of the Human Resources Director. Employees whose accumulated vacation reaches the above-defined limit shall receive no additional vacation accrual until such time as the accumulated vacation hours fall below the allowable limit.
C. Vacation Conversion. An employee may convert up to 50% of their current annual vacation accrual into pay in lieu of time off with pay on an annual basis. An employee requesting such conversion must meet the eligibility requirements as set forth in Section 19(B) and may convert twice in a fiscal year, within the cap provisions stated above. Any exception to this provision requires the approval of the Human Resources Director.
On or before December 15, 2025, and every December 15 th thereafter, a qualified employee who elects to cash out accrued vacation for the following year shall submit written request to the Human Resources Department stating their irrevocable election(s).
The City shall administer the cash out twice annually, starting in June 2026 and every June and December thereafter. The City shall make the cash outs in the second pay period in June and December. Such cash outs shall be paid at the employee’s net salary hourly rate of pay.
D. Vacation Payout Upon Termination. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual.
Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service.
SECTION 20. PART -TIME, TEMPORARY, AND SEASONAL EMPLOYEES’ ELIGIBILITY FOR FRINGE BENEFITS.
A. Definitions. Nothing contained herein shall guarantee any employee a specified number of hours per day or days per week or weeks per year or months per year of work.
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10 1) Regular part-time employees shall be those employees scheduled in the budget to work twenty (20) or more hours per week on a year -round basis (52 weeks minus approved leave).
2) Temporary part-time employees shall be those employees scheduled in the budget to work less than twenty (20) hours per week on a year -round basis (52 weeks minus approved leave).
3) Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year-round basis regardless of hours worked.
B. Entitlement to Fringe Benefits Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled to work to the normal forty (40) hour week on an annual basis.
The annual schedule for all eligible part -time employees shall be the schedule which is included in the City's approved budget or a schedule which is designated by Management at the commencement of the employee's employment with the City. This formula of proration shall apply to holiday pay, vacation, sick leave, flexible benefit contribution, disability insurance contribution, money purchase retirement plan, and CalPERS retirement contribution.
Regular part-time employees may receive step increases prov ided they have performed two thousand eighty (2080) hours of service.
C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in the resolution or in any resolution of the City unless otherwise required by law.
SECTION 21. LEAVES OF ABSENCE.
A. Leave of Absence Without Pay. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:
1) After all available lea ve benefits, including vacation, administ rative leave, floating holiday, compensatory time, sick leave, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay or benefits. No such leave will be considered without a written application from the employee requesting leave.
2) If the Department Head and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefits.
The employee shall not be continued “in servi ce” as that term is defined in this Resolution.
3) An employee is ineligible to receive a step increase while on a leave of absence without pay. Step increases shall be delayed by the amount of time an employee is out on leave without pay status.
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11 4) No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on a leave of absence without pay except as denoted under Section 21(I). During such leave in excess of five (5) working days, no seniority shall be accumulated.
5) Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division.
The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long-term disability leave.
6) At the end of any approved leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten (10) days before the end of the approved leave, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, the Human Resources Director may approve such extension of the leave of absence for a period up to, but not to exceed, an additional six (6) months.
7) If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the employee shall be considered as having abandoned their employment with the City and shall be terminated.
8) An employee on leave of absence must give the City at least seven (7) days’ written notice of their intent to return to work prior to returning to work.
9) Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Department Head may be subject to termination.
10) Any employee who falsifies the reason for the request for said leave of absence may be terminated.
11) Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain their seniority rights.
12) Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department.
13) The City Manager will allow an employee to take a leave of absence without pay during a City Hall holiday closure without having to exhaust all accrued leave benefits on the books. During said closure, employees will not see a reduction in benefits, inclu ding no loss of eligibility for holiday pay, if Leave Without Pay hours are used during the closure (i.e. the day after Christmas and/or working day before New Year’s day.)
B. Jury Duty and Services as Witness for City. When required to serve on a jury, all employees shall be provided with paid time off for a period of actual service required on the jury, provided 919
12 all jury fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. Once an employee has completed jury service, the employee must provide the Certificate of Jury Service to the immediate supervisor to qualify for jury duty compensation. If an employee is called as a witness on behalf of the City, the employee shall receive their normal pay for the time spent by the employee serving as a witness for the City.
An employee shall be required to pay any witness fees that accrue to the employee for witness service to the City as a condition of receiving normal pay while serving as a wi tness for the City. Any exceptions to this provision must meet the approval of the Human Resources Director.
C. Military Leave of Absence. If an employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the provisions of Federal and State law, including Uniformed Services Employment and Re -employment Rights Act (USERRA) and the Military and Veterans' Code. Employees must provide a copy of the ir military orders , and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for a military leave of absence. Any exceptions to this provision shall be considered on a case -by-case basis, with final approval of the Human Resources Director.
D. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:
1) For employees working a regular forty (40) hour week, eight (8) hours of sick leave will accrue for each month of continuous service.
2) All non-benefited employees shall receive sick leave as required by State law.
3) Sick leave will be charged at the rate of one-quarter (¼) hour for each one-quarter (¼) hour an employee is absent.
4) Employees who promote to Top Management shall have all their sick leave hours placed into a sick leave accrual bank.
5) Any employee eligible for sick leave with pay may use such leave for the following reasons:
(a) Medical, dental, and vision appointments during work hours when authorized by the Department Head or a duly authorized designee; and/or
(b) Personal illness or physical incapacity resulting from causes beyond the employee's control, in addition to pregnancy, childbirth, and other medically related conditions.
6) Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided for in Subsection E below.
7) Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one -quarter (¼) 920
13 hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour. Sick leave shall only be used for the purposes stated and the Department Head shall be responsible for control of employee abuse of sick leave.
Employees may, upon prior notice and in the complete discretion of the Department Head, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness.
8) Sick Leave Payout Program. Unused sick leave shall be paid off according to the following:
(a) Employees with sick leave usage of zero (0.0) to twenty-seven (27.0) hours per payroll calendar year will have the option to convert up to forty (40) hours of their unused sick leave to vacation in the first pay period of the following payroll calendar year.
(b) Employees with sick leave usage of twenty-seven and one quarter ( 27.25) to thirty-six (36.0) hours per payroll calendar year may convert up to thirty (30) hours of unused sick leave to vacation the following year.
(c) Employees must have a minimum balance of one hundred eighty ( 180) hours of sick leave, combining both sick leave banks, available after conversion. In addition, no hours will be converted to vacation if said conversion places the employee’s vacation bank over the maximum allowable accrual. Conversion of sick leave to vacation shall occur in the first pay period of the following payroll calendar year based upon sick leave usage during the previous payroll calendar year.
(d) Any sick leave converted to vacation shall be subject to the provisions described in Section 1 9. The employee must file a sick leave payout designation form each year, if eligible for the conversion of unused sick leave to vacation. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation acco unt. Employees shall still be subject to the maximum vacation accrual at any given time equivalent to 24 months’ worth of accrued hours. Any request to conv ert which exceeds the maximum vacation accrual allotted shall not be converted to vacation and shall remain in the employee’s sick leave bank.
(e) Upon retirement from employment with the City and entering CalPERS as a retired annuitant, an employee with a minimum of five (5) years of continuous service to the City shall receive pay for fifty percent (50%) of all unused sick leave hours. The cash value of this unused sick leave payout will be deposited into the employee’s Retirement Health Savings Plan account, as described in Section 24(C).
(f) Upon separation of employment from the City for any reason, other than retirement as noted in the preceding paragraph an employee shall receive no pay for the first one hundred (100) hours (0 to 100 hours) of accrued sick leave,
921
14 but shall receive twenty-five percent (25%) pay for up to the next one hundred (100) hours, (101 to 200 hours) of accrued sick leave, and fifty percent (50%) pay of any remaining sick leave (201 to 352 hours). No pay shall be received for any accruals higher than three hundred fifty-two (352) hours.
(g) Upon the death of an employee while employed by the City, one hundred percent (100%) of all accrued sick leave benefits up to three hundred fifty-two (352) hours shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the deceased employee.
E. Family Leave. In accordance with the California Family Sick Leave and Paid Sick Leave Acts, an employee is allowed up to forty-eight (48) hours of family leave per calendar year for family illness which shall be charged against the employee's accumulated sick leave. Family as used in this subsection is limited to any relation by blood, marriage or adoption who is a member of the employee’s household (under the same roof); and any parent, substitute parent, parent -in- law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, regardless of residence. Part-time benefited employees are allowed to use up to one-half of their annual accrual of sick leave for family leave purposes.
F. Bereavement Leave. Regular full-time employees shall be entitled to take up to five (5) days of paid City bereavement leave per incident. The following terms and conditions apply:
1) Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household; and any parent, legal guardian, parent- in-law, brother -in-law, sister -in-law, grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, or sister of the employee regardless of residence.
2) Days of absence due to bereavement leave shall not exceed five (5) working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons therefor as soon as possible. Failure to inform the immediate supervisor within a reasonable period of time may be cause for denial of bereavement leave with pay for the period of absence.
G. Workers’ Compensation Leave for Safety Employees. For the classifications of Fire Chief and Police Chief, salary continuance, including Labor Code Section 4850 leave, will be provided in accordance with current State Workers’ Compensation laws and regulations.
H. Workers’ Compensation Leave for Non-Safety Employees. For the remaining classifications described in Append ices A and B herein, Workers’ Compensation leave shall be granted as follows:
1) Employees who incur a work -related injury or illness will be eligible to receive Workers’ Compensation benefits according to the State of California’s Division of 922
15 Workers’ Compensation (DWC) laws and regulations and benefits provided pursuant to this MOU.
2) Temporary Disability. A regular employee shall be granted Temporary Disability in accordance with the current State Workers’ Compensation laws and regulations. When a regular employee is eligible to receive Temporary Disability payments, the City will contribute additional compensation to allow the employee to receive one hundred percent (100%) of their regular rate of pay, or provide full salary continuance, for three hundred and sixty -five (365) calendar days. Temporary Disability in excess of three hundred sixty -five (365) days will be provided subject to current State Workers’ Compensation laws and regulations.
3) Claims Pending Compensation Determination. When a claim is pending a compensability decision while in a delayed or denied status, and the employee is losing time off from work, the employee can use their own accruals (sick, vacation, compensatory time, etc.). If the claim is accepted, the employe e’s accruals will be credited based on the dates that meet the Temporary Disability criteria under the State of California’s Division of Workers’ Compensation.
4) Physician Pre-Designation. Before a work -related injury, an employee may elect to pre-designate a qualified medical provider if done in accordance with the State of California’s Division of Workers’ Compensation laws and regulations.
5) Fringe Benefits. An employee receiving Temporary Disability benefits will continue to receive the City’s contribution to the employee’s medical, dental, vision, other applicable insurances. If the employee has exhausted Temporary Disability benefits, the employee shall b e responsible for paying the full premium for the employee’s medical, dental, vision, and other applicable insurances.
An employee receiving temporary disability payments in accordance with the current State of California Division of Workers’ Compensation laws and regulations may use a prorated amount of accumulated leave (including sick leave, vacation, compensatory time, etc.) to supplement temporary disability payments to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero (0). At that time, the employee would commence an unpaid leave of absence.
I. Family Care and Medical Leave (FCML). State and Federal laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housi ng Commission implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director.
1) Amount of Leave. Eligible employees are entitled to a total of twelve (12) work weeks of leave during any 12-month period. An employee's entitlement to leave for the birth or 923
16 placement of a child for adoption or foster care expires twelve (12) months after the birth or placement.
The twelve (12) month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous twelve (12) month period to determine how much leave has been used in determining how much leave a member is entitled to.
2) Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee must exhaust all accrued leaves (except sick leave) in connection with the leave. This includes vacation, holiday, and other compensatory accruals. If an employee requests leave for the employee’s own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with the Family Care and Medical Leave.
3) Required Forms. Employees must fill out required forms, available in the Human Resources Department, including: Request for Family or Medical Leave; Medical Certification; Authorization for Payroll Deductions for benefit plan coverages (if applicable); and Fitness-for-Duty to return from leave.
SECTION 22. HEALTH INSURANCE.
The City contracts with CalPERS to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA).
A. Retired Annuitant. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retire d annuitant of CalPERS to the extent required by law, which is one hundred fifty-eight dollars ($158.00) per month effective January 1, 2025, or one hundred sixty -two dollars ($162.00) per month effective January 1, 2026. contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.
B. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full-time and part-time eligible employees and pay the following monthly amounts to provide funds for optional health plans , dental plans, vision plans, health care reimbursement, dependent care, or cash as established by the Internal Revenue Service. The following amounts include the minimum amount required under PEMCHA , which is one hundred fifty -eight dollars ($158.00) per month ($162.00 for 2026). This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.
Effective Date Executive
Management
Senior
Management
January 1, 2025 $2,440.00 $2,130.00
January 1, 2026 $2,540.00 $2,230.00
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17 C. Any amount in excess of the amount designated in Section 22B necessary to maintain benefits under any benefits plan selected by the employee shall be borne by the employee.
D. An employee cannot be enrolled in the CalPERS Health Benefits Plan if a spouse is enrolled in the City or enrolled in an agency with CalPERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose not to be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in the health plan, the employee must provide proof, as determined by the Human Resources Director, that comparable medical insurance is in full force and effect. Based on determination that insurance is in full force and effect, eligible employees shall receive the amount designated below.
1) Employees who were members of Top Management on or before December 31, 2020, OR have a hire date prior to July 1, 2019 (with the exception of the Police Chief and Fire Chief), shall receive indefinitely a capped fixed amount towards the Flexible Benefit Plan as follows: Executive Management shall receive two thousand two hundred sixty five dollars ($2,265.00) per month, and members of Senior Management shall receive one thousand nine hundred fifty five dollars ($1,955.00) per month.
2) Employees in the classifications of Police Chief or Fire Chief with a hire date prior to March 29, 2020, shall receive indefinitely a capped fixed amount of two thousand two hundred sixty-five dollars ($2,265.00) per month towards the Flexible Benefit Plan.
3) For employees that do not meet the criteria of paragraphs 1 or 2 above, Executive Management shall receive seven hundred fifty dollars ( $750.00) per month, and members of Senior Management shall receive five hundred dollars ($500.00) per month.
In the event an employee loses group medical insurance (with documentation), the employee must enroll in the CalPERS Health Benefits Plan pursuant to their rules and regulations.
Failure to do so within sixty (60) days of losing group medical insurance shall result in the City seeking reimbursement of monthly waiver amounts paid to the employee.
SECTION 23. OTHER INSURANCES.
A. Life Insurance.
1) For Executive Management, the City shall contribute the full premium towards a two hundred thousand dollar ($200,000.00) life insurance benefit.
2) For Senior Management , the City shall contribute the full premium towards a one hundred thousand dollar ($100,000.00) life insurance benefit.
B. Disability Insurance. The City shall provide a long-term disability plan with a long-term disability benefit of two -thirds of salary, after a sixty ( 60) day elimination period, to a maximum of twelve thousand dollar ($12,000.00) per month for Executive Management, and a maximum of ten thousand dollar ($10,000.00) per month for Senior Management.
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18 C. Medicare Insurance. The City shall pay for the employee's portion of the contribution for Medicare coverage for all employees hired after March 31, 1986.
SECTION 24. RETIREMENT.
A. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to, the following retirement benefits:
1) Miscellaneous Retirement Formula – New Members. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subject to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre- tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of Public Employees’ Pension Reform Act (PEPRA).
2) Miscellaneous Retirement Formula – Classic Members. Miscellaneous employees who are not defined as New Members as outlined in S ubsection 1 above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measuremen t period set forth in California Government Code Section 20042. These Classic Members shall contribute 8% of their compensation earnable, on a pre-tax basis.
3) Safety Retirement Formula – New Members. Safety employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2.7% @ age 57 retirement formula as set forth in California Government Code Section 7522.25(d). These New Members are subject to the three (3) year final compensation measurement period set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre -tax basis, as set forth in California Government Code Section 7522.30(c). In all other respects, New Members shall be subject to the terms and requirements of PEPRA.
4) Safety Retirement Formula – Classic Members. Safety employees who are not defined as New Members as outlined in Subsection 3 above are defined as Classic Members of CalPERS and are subject to the 3% @ age 50 retirement formula as set forth in Section 21362.2 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period as set forth in California Government Code Section 20042. These Classic Members shall contribute 9% of their compensation earnable, on a pre-tax basis.
5) 1959 CalPERS Survivor Benefit. The City provide s the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees . Employees shall pay their two dollar ( $2.00) monthly contribution through payroll deduction. The City shall pay the employer portion 926
19 subject to the following limit: in the event the employer portion exceeds six dollars ($6.00) monthly, employees shall pay any portion of the employer portion that exceeds six dollars ($6.00) monthly.
B. Money Purchase Retirement Plan. The City provides a Money Purchase Retirement Plan for employees covered by this Resolution. The City shall contribute an amount equal to three percent (3.0%) of the employees' base salary as shown in Appendices A and B toward an IRS Section 401(a) account. In lieu of this City provided benefit, the employee may elect to have added to the employee’s base salary an additional three percent (3 .0%), however this three percent (3.0%) is not reported to CalPERS as pensionable compensation. This election can be made only upon initial employment and is irrevocable.
C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a Retirement Health Savings Plan for employees covered by this Resolution. Effective January 1, 2008, all Top Management employees are required to participate in the plan by making the following tax-deferred contributions to the plan:
1) The cash value of the employee’s unused floating holiday hours at the end of each calendar year or upon separation from City service;
2) The cash value of the employee’s unused administrative leave balance at the end of each calendar year or upon retirement from City service and entering CalPERS as a retired annuitant; and
3) The full cash value of the employee’s unused sick leave payout upon retirement from City service (i.e., 50% of all unused sick leave hours for qualified employees) and entering CalPERS as a retired annuitant.
SECTION 25. OTHER FRINGE BENEFITS.
A. Wellness Program. Senior Management employees may receive up to five hundred fifty dollars ($550.00) per fiscal year, and Executive Management may receive up to eight hundred fifty dollars ($850.00), towards reimbursement for items 1, 2, 3, and/or 4 below. Requests for the items below must be approved, prior to purchase or participation, by the Human Resources Director.
1) Membership in a health/fitness club.
2) Participation in a weight loss/smoking cessation/wellness/fitness program.
3) Fitness equipment (home gym equipment).
4) An annual medical examination/scan where the content and extent of the examination of each individual shall be determined by the physician in charge and shall be tailored to the individual's particular needs.
The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses. Employees with a future separation date on file are ineligible for this benefit.
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20 B. Educational Assistance & Professional Development. Educational assistance and Professional Development payments to an employee shall not exceed one thousand five hundred dollars ($1,500.00) in any one fiscal year and the employee must still be employed by the City when the course or activity is completed. Participation and/or purchase must be approved in advance by the Department Head and the Human Resources Director. Employees with a future separation date on file are ineligible for this benefit.
The City will reimburse employees for the cost of tuition, textbooks, parking fees, and health fees required for approved community college and college courses, as well as job -required licensing, testing, renewal, and registration fees. An approved course is one designated to directly improve the knowledge of the employee relative to their specific job, and must be approved by the Department Head and the Human Resources Director prior to registra tion.
Full reimbursement up to the amount specified below will be provided based upon completion of the approved course(s) with a final grade of C or better.
The City will also reimburse employees for the cost of activities which aid in their professional development. Reimbursable activities include the following:
1) Attendance at job-related professional conferences and seminars;
2) Payment of membership dues in community and professional organizations; and
3) Purchase of job-related professional journals, books, and other written materials which further their knowledge and improve their effectiveness in their duties.
The above reimbursable activities are intended to recognize and encourage staff to pursue educational and public relations -oriented activities beyond those normally budgeted for them by their departments and in which they are directed to participate. Approved activities are those which may be expected to further their knowledge of their jobs and the Orange community and which contribute to their improved effectiveness.
Individual departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials which enhance the staff's knowledge.
C. Uniforms. The City shall pay and report to CalPERS the following values for uniform expenses:
one thousand dollars ($1,000.00) per year for the Fire Chief and Police Chief. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5). This uniform expenditure will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by PEPRA.
D. Rideshare Incentive Program. An employee may receive thirty dollars ($30.00) per month and eight (8) hours compensatory time every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to and from the work-site. To qualify for these incentives, an employee must use one of the above forms of transportation seventy percent (70%) of commuting time. This thirty dollar ($30.00) per month compensation is not pension reportable pursuant to CalPERS Regulations. 928
21 E. Technology Stipend. In lieu of being provided a City -issued cell phone pursuant to Section
1.63 of the City’s Administrative Policy Manual, designated employees shall receive fifty dollars ($50.00) per month as reimbursement for any and all cost related to the purchase and use of a cell phone for City-related business. For purposes of this section, designated employees are those that the Department Head have determined are required to carry cell phones so that they may be contacted when the y are away from their office phone or computer. This fifty dollar ( $50.00) per month compensation is not pension reportable pursuant to CalPERS Regulations.
SECTION 26. DIRECT DEPOSIT.
All employees must participate in the City’s direct deposit paycheck program.
SECTION 27. TRAVEL EXPENSE ALLOWED.
A. Mileage Reimbursement. Expense claims for the use of private automobiles must be authorized by the Department Head, and submitted to the Accounts Payable Division of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS regulations.
B. Out-of-City Travel. If the estimated expense of contemplated travel outside of the City is too great to expect the employee to finance the trip and be reimbursed upon the employee’s return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee.
C. Economy class airfare will be considered standard for out-of-town travel.
D. Use of personal cars for out -of-City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use a personal car, the employee may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation.
E. Transportation and Expense Charges. Expenses for air, rail, or public transportation will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for the conduct of City business.
1) Expenses will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip and must be approved by the Department Head.
2) Telephone charges will be allowed for official calls.
3) Expenses for meals will be reimbursed according to Administrative Policy 4.13.
SECTION 28. GRIEVANCE PROCEDURE.
Any employee covered by this Resolution who wishes to file a grievance should follow the procedures outlined in the City’s Employee Handbook.
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22 SECTION 29. EFFECTIVE DATES.
This Resolution and Appendices hereto shall be effective as of July 1, 2025 and shall continue in full force and effect until June 30, 2026 unless otherwise amended.
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23 APPENDIX A
EXECUTIVE MANAGEMENT
MONTHLY SALARY RANGES
EFFECTIVE AUGUST 25, 2024
3.0% Cost of Living Adjustment
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director 754 15325 16109 16928 17793 18700 19653 Assistant City Manager 763 16030 16849 17706 18610 19560 20557 City Clerk Services Director 658 9494 9980 10487 11022 11585 12175 Community Development Director 744 14579 15325 16104 16927 17790 18697 Community Services Director 739 14220 14947 15707 16510 17352 18236 Finance Director 744 14579 15325 16104 16927 17790 18697 Fire Chief 769 16517 17362 18245 19177 20155 21182
Human Resources Director 739 14220 14947 15707 16510 17352 18236 Library Services Director 709 12244 12870 13524 14215 14940 15702 Police Chief 790 18344 19282 20262 21297 22383 23524
Public Works Director 744 14579 15325 16104 16927 17790 18697
EFFECTIVE JUNE 29, 2025
2.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director 758 15635 16434 17269 18152 19077 20050 Assistant City Manager 767 16353 17189 18063 18986 19954 20971 City Clerk Services Director 662 9685 10181 10698 11244 11818 12420 Community Development Director 748 14873 15634 16428 17268 18148 19073 Community Services Director 743 14507 15249 16024 16842 17701 18604 Finance Director 748 14873 15634 16428 17268 18148 19073 Fire Chief 773 16851 17712 18613 19563 20561 21609
Human Resources Director 743 14507 15249 16024 16842 17701 18604 Library Services Director 713 12491 13129 13797 14502 15241 16018 Police Chief 794 18714 19671 20671 21726 22835 23999
Public Works Director 748 14873 15634 16428 17268 18148 19073
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24 APPENDIX B
SENIOR MANAGEMENT
MONTHLY SALARY RANGES
EFFECTIVE AUGUST 25, 2024
3.0% Cost of Living Adjustment
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager 648 9032 9495 9977 10486 11022 11583 Administrative Analyst I 568 6061 6370 6695 7036 7395 7772 Administrative Analyst II 588 6696 7039 7397 7774 8171 8588 Administrative Manager 638 8593 9033 9491 9976 10485 11020 Assistant City Attorney I 694 11362 11942 12550 13191 13863 14570 Assistant City Attorney II 704 11943 12553 13191 13865 14572 15315 Assistant Community Devel. Director 702 11824 12429 13060 13728 14428 15163 Assistant Community Services Director 689 11082 11648 12240 12866 13522 14211 Assistant Field Services Manager 669 10030 10542 11078 11644 12239 12862 Assistant Finance Director 689 11082 11648 12240 12866 13522 14211 Assistant Human Resources Director 689 11082 11648 12240 12866 13522 14211 Assistant Library Services Director 648 9032 9495 9977 10486 11022 11583 Assistant Public Works Director 714 12553 13195 13866 14574 15318 16098 Assistant to the City Manager 638 8593 9033 9491 9976 10485 11020 Assistant Water Manager 669 10030 10542 11078 11644 12239 12862 Budget Manager 638 8593 9033 9491 9976 10485 11020
Budget Officer 628 8175 8593 9029 9491 9975 10483
Building and Safety Manager 669 10030 10542 11078 11644 12239 12862 Chief Building Official 689 11082 11648 12240 12866 13522 14211 Crime Analyst 586 6630 6969 7324 7697 8090 8503
Deputy City Clerk 590 6764 7109 7470 7852 8253 8673
Deputy City Manager 702 11824 12429 13060 13728 14428 15163 Deputy Public Works Director 704 11943 12553 13191 13865 14572 15315 Economic Development Manager 689 11082 11648 12240 12866 13522 14211 Economic Development Project Manager 638 8593 9033 9491 9976 10485 11020 Emergency Manager 653 9261 9734 10229 10751 11300 11875 Employee Benefits Analyst 581 6467 6796 7144 7508 7890 8293 Executive Assistant 535 5141 5403 5679 5969 6273 6593
Executive Assistant to the Chief 555 5680 5970 6274 6595 6930 7284 Field Services Manager 689 11082 11648 12240 12866 13522 14211 Finance Manager 620 7856 8257 8676 9119 9585 10074
Financial Analyst 592 6831 7181 7545 7931 8336 8760
Housing Manager 638 8593 9033 9491 9976 10485 11020
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25 APPENDIX B (CONTINUED)
SENIOR MANAGEMENT
MONTHLY SALARY RANGES
EFFECTIVE AUGUST 25, 2024
3.0% Cost of Living Adjustment
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst I 573 6214 6530 6864 7214 7582 7969 Human Resources Analyst II 600 7110 7473 7853 8254 8675 9116 Human Resources Manager 669 10030 10542 11078 11644 12239 12862 Information Technology Manager 689 11082 11648 12240 12866 13522 14211 Information Technology Project Manager 669 10030 10542 11078 11644 12239 12862 Intergovernmental & Comm Affairs Mgr 680 10595 11137 11703 12301 12928 13587 Internal Audit Manager 638 8593 9033 9491 9976 10485 11020 Investment/Revenue Officer 608 7399 7778 8172 8590 9028 9488 Manager of Trans Svcs/City Traffic Eng 689 11082 11648 12240 12866 13522 14211 Network/Security Analyst 619 7817 8216 8633 9074 9538 10023 Parks and Facilities Manager 669 10030 10542 11078 11644 12239 12862 Payroll Manager 638 8593 9033 9491 9976 10485 11020
Planning Manager 689 11082 11648 12240 12866 13522 14211 Principal Civil Engineer 669 10030 10542 11078 11644 12239 12862 Principal Planner 658 9494 9980 10487 11022 11585 12175 Public Affairs & Information Manager 638 8593 9033 9491 9976 10485 11020 Public Works Administrator 638 8593 9033 9491 9976 10485 11020 Purchasing Officer 620 7856 8257 8676 9119 9585 10074
Recreation Services Manager 659 9541 10030 10539 11077 11643 12236 Risk Management Analyst 571 6152 6466 6795 7143 7507 7889 Risk Manager 673 10232 10755 11302 11879 12485 13121
Senior Administrative Analyst 618 7778 8175 8590 9029 9490 9974 Senior Assistant City Attorney 724 13195 13870 14575 15320 16101 16922 Senior Assistant to the City Manager 669 10030 10542 11078 11644 12239 12862 Senior Econ Development Project Mgr 664 9782 10283 10806 11357 11937 12545 Senior Executive Assistant to the City
Council and the City Manager 585 6597 6934 7287 7659 8050 8461 Senior Housing Manager 664 9782 10283 10806 11357 11937 12545 Senior Human Resources Analyst 630 8257 8679 9120 9586 10075 10588 Senior Library Manager 628 8175 8593 9029 9491 9975 10483 Systems Analyst 619 7817 8216 8633 9074 9538 10023
Water Manager 689 11082 11648 12240 12866 13522 14211
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26 APPENDIX B (CONTINUED)
SENIOR MANAGEMENT
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29, 2025
2.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager 652 9214 9686 10178 10697 11244 11816 Administrative Analyst I 572 6183 6498 6830 7178 7544 7929 Administrative Analyst II 592 6831 7181 7545 7931 8336 8760 Administrative Manager 642 8766 9215 9682 10177 10696 11242 Assistant City Attorney I 698 11590 12183 12802 13456 14143 14864 Assistant City Attorney II 708 12183 12806 13457 14145 14866 15624 Assistant Community Devel. Director 706 12062 12679 13324 14004 14718 15469 Assistant Community Services Director 693 11305 11883 12487 13125 13794 14498 Assistant Field Services Manager 673 10232 10755 11302 11879 12485 13121 Assistant Finance Director 693 11305 11883 12487 13125 13794 14498 Assistant Human Resources Director 693 11305 11883 12487 13125 13794 14498 Assistant Library Services Director 652 9214 9686 10178 10697 11244 11816 Assistant Public Works Director 718 12806 13461 14145 14868 15626 16423 Assistant to the City Manager 642 8766 9215 9682 10177 10696 11242 Assistant Water Manager 673 10232 10755 11302 11879 12485 13121 Budget Manager 642 8766 9215 9682 10177 10696 11242
Budget Officer 632 8340 8766 9211 9682 10176 10694
Building and Safety Manager 673 10232 10755 11302 11879 12485 13121 Chief Building Official 693 11305 11883 12487 13125 13794 14498 Crime Analyst 590 6764 7109 7470 7852 8253 8673
Deputy City Clerk 594 6900 7253 7621 8010 8419 8848
Deputy City Manager 706 12062 12679 13324 14004 14718 15469 Deputy Public Works Director 708 12183 12806 13457 14145 14866 15624 Economic Development Manager 693 11305 11883 12487 13125 13794 14498 Economic Development Project Manager 642 8766 9215 9682 10177 10696 11242 Emergency Manager 657 9448 9930 10435 10968 11528 12114 Employee Benefits Analyst 585 6597 6934 7287 7659 8050 8461 Executive Assistant 539 5245 5512 5794 6089 6400 6725
Executive Assistant to the Chief 559 5795 6090 6401 6727 7070 7431 Field Services Manager 693 11305 11883 12487 13125 13794 14498 Finance Manager 624 8014 8423 8851 9303 9779 10276
Financial Analyst 596 6969 7325 7697 8091 8504 8937
Housing Manager 642 8766 9215 9682 10177 10696 11242
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27 APPENDIX B (CONTINUED)
SENIOR MANAGEMENT
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29, 2025
2.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst I 577 6339 6663 7002 7359 7735 8129 Human Resources Analyst II 604 7253 7624 8011 8420 8850 9300 Human Resources Manager 673 10232 10755 11302 11879 12485 13121 Information Technology Manager 693 11305 11883 12487 13125 13794 14498 Information Technology Project Manager 673 10232 10755 11302 11879 12485 13121 Intergovernmental & Comm Affairs Mgr 684 10809 11361 11939 12549 13189 13861 Internal Audit Manager 642 8766 9215 9682 10177 10696 11242 Investment/Revenue Officer 612 7548 7934 8337 8763 9210 9679 Manager of Trans Svcs/City Traffic Eng 693 11305 11883 12487 13125 13794 14498 Network/Security Analyst 623 7974 8381 8807 9257 9730 10225 Parks and Facilities Manager 673 10232 10755 11302 11879 12485 13121 Payroll Manager 642 8766 9215 9682 10177 10696 11242
Planning Manager 693 11305 11883 12487 13125 13794 14498 Principal Civil Engineer 673 10232 10755 11302 11879 12485 13121 Principal Planner 662 9685 10181 10698 11244 11818 12420 Public Affairs & Information Manager 642 8766 9215 9682 10177 10696 11242 Public Works Administrator 642 8766 9215 9682 10177 10696 11242 Purchasing Officer 624 8014 8423 8851 9303 9779 10276
Recreation Services Manager 663 9734 10232 10752 11300 11878 12482 Risk Management Analyst 575 6276 6596 6933 7286 7658 8049 Risk Manager 677 10438 10972 11529 12118 12736 13386
Senior Administrative Analyst 622 7934 8340 8763 9211 9681 10174 Senior Assistant City Attorney 728 13461 14149 14869 15628 16425 17263 Senior Assistant to the City Manager 673 10232 10755 11302 11879 12485 13121 Senior Econ Development Project Mgr 668 9980 10490 11023 11586 12178 12798 Senior Emergency Medical Svcs Mgr 693 11305 11883 12487 13125 13794 14498 Senior Executive Assistant to the City
Council and the City Manager 589 6730 7074 7433 7813 8212 8630 Senior Housing Manager 668 9980 10490 11023 11586 12178 12798 Senior Human Resources Analyst 634 8423 8854 9304 9779 10278 10802 Senior Library Manager 632 8340 8766 9211 9682 10176 10694 Systems Analyst 623 7974 8381 8807 9257 9730 10225
Water Manager 693 11305 11883 12487 13125 13794 14498
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Agenda Item
Orange City Council
Item #: 9.2. 11/12/2025 File #: 25-0600
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager
1. SUBJECT
Consider changes to Resolution No. 11597 regarding the City’s Safe and Sane Fireworks program.
2. SUMMARY
On February 11, 2025, the Orange City Council adopted Resolution No. 11597 establishing the fees, rules, regulations, and lottery process for the City’sSafe and Sane Fireworks program. With the City’sfirst year of the Safe and Sane Fireworks program now completed, staff is proposing possible changes to the program for the 2026 4th of July holiday.
3. RECOMMENDED ACTION
Consider possible changes to the City’sSafe and Sane Fireworks program and provide direction to staff.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services.
Goal 3: Enhance Public Communication Strategy and Quality of Life.
6. DISCUSSION AND BACKGROUND
On February 11, 2025, the Orange City Council adopted Resolution No. 11597. This resolution established the following rules and procedures for the City’s Safe and Sane Fireworks program:
· The fee calculation process pursuant to California Health and Safety Code Section 12635.5. · The application and lottery process to receive a Safe and Sane Fireworks permit. · The maximum number of permits that may be issued to Qualified Organizations (as defined in Orange Municipal Code Section 8.13) per year.
· The local high schools that are automatically allotted a permit each year. · The rules regarding affiliated organizations to qualifying non-profit groups and educational institutions; and
· Insurance and indemnity requirements.
With the City’s first year of the Safe and Sane fireworks program now over, staff has received City of Orange Printed on 11/6/2025Page 1 of 2
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Item #: 9.2. 11/12/2025 File #: 25-0600
feedback on ways to further improve and streamline the current process. These suggestions include:
1. Reducing the number of maximum permits to eight.
2. Moving the application process back to January with the lottery and selection process occurring in February or March.
3. Two competing suggestions have been provided that include:
A. Changes to Permit Duration: Extend the permit timeframe to two years so Qualified Organizations can organize volunteers and have everything prepared well in advance of the 4th of July season; or
B. Remove Qualified Organizations from the lottery for one year after participation: If a Qualifying Organization receives a permit and participates in the Safe and Sane Fireworks program, then the Qualifying Organization will be removed from the subsequent lottery process the following year. After a year has passed, then the Qualifying Organization will be able to participate in the lottery process.
4. Remove Section E of Resolution No. 11597. This section states that no affiliated organization of a participating non-profit or educational institution may apply to enter the Safe and Sane lottery. This section’sintent is to keep applications down to one per participating non-profit or educational institution. Staff recognize that many groups are interconnected and linked to one another. To simplify this process, staff suggest this section be removed. Aside from the other requirements detailed in the Orange Municipal Code (e.g., that groups must be a 501 (c) (3) or other charity as defined by federal or state law), by removing this section, the only remaining qualifications include:
· That the groups must be organized for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes. · That they have their principal and permanent meeting place within the City. · They provide direct and regular community services and benefits to the residents of the City.
· Have bona fide members who either reside, work, or are owners or operators of a business or other establishment in the City.
Staff is seeking direction on whether the above changes should be incorporated into the City’sSafe and Sane Fireworks program. Should the City Council direct staff to make any of these changes, staff will bring back a revised resolution for the City Council’s consideration.
7. ATTACHMENTS
· Resolution No. 11597
City of Orange Printed on 11/6/2025Page 2 of 2
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Agenda Item
Orange City Council
Item #: 9.2. 11/12/2025 File #: 25-0600
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager
1. SUBJECT
Consider changes to Resolution No. 11597 regarding the City’s Safe and Sane Fireworks program.
2. SUMMARY
On February 11, 2025, the Orange City Council adopted Resolution No. 11597 establishing the fees, rules, regulations, and lottery process for the City’sSafe and Sane Fireworks program. With the City’sfirst year of the Safe and Sane Fireworks program now completed, staff is proposing possible changes to the program for the 2026 4th of July holiday.
3. RECOMMENDED ACTION
Consider possible changes to the City’sSafe and Sane Fireworks program and provide direction to staff.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services.
Goal 3: Enhance Public Communication Strategy and Quality of Life.
6. DISCUSSION AND BACKGROUND
On February 11, 2025, the Orange City Council adopted Resolution No. 11597. This resolution established the following rules and procedures for the City’s Safe and Sane Fireworks program:
· The fee calculation process pursuant to California Health and Safety Code Section 12635.5. · The application and lottery process to receive a Safe and Sane Fireworks permit. · The maximum number of permits that may be issued to Qualified Organizations (as defined in Orange Municipal Code Section 8.13) per year.
· The local high schools that are automatically allotted a permit each year. · The rules regarding affiliated organizations to qualifying non-profit groups and educational institutions; and
· Insurance and indemnity requirements.
With the City’s first year of the Safe and Sane fireworks program now over, staff has received City of Orange Printed on 11/6/2025Page 1 of 2
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feedback on ways to further improve and streamline the current process. These suggestions include:
1. Reducing the number of maximum permits to eight.
2. Moving the application process back to January with the lottery and selection process occurring in February or March.
3. Two competing suggestions have been provided that include:
A. Changes to Permit Duration: Extend the permit timeframe to two years so Qualified Organizations can organize volunteers and have everything prepared well in advance of the 4th of July season; or
B. Remove Qualified Organizations from the lottery for one year after participation: If a Qualifying Organization receives a permit and participates in the Safe and Sane Fireworks program, then the Qualifying Organization will be removed from the subsequent lottery process the following year. After a year has passed, then the Qualifying Organization will be able to participate in the lottery process.
4. Remove Section E of Resolution No. 11597. This section states that no affiliated organization of a participating non-profit or educational institution may apply to enter the Safe and Sane lottery. This section’sintent is to keep applications down to one per participating non-profit or educational institution. Staff recognize that many groups are interconnected and linked to one another. To simplify this process, staff suggest this section be removed. Aside from the other requirements detailed in the Orange Municipal Code (e.g., that groups must be a 501 (c) (3) or other charity as defined by federal or state law), by removing this section, the only remaining qualifications include:
· That the groups must be organized for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes. · That they have their principal and permanent meeting place within the City. · They provide direct and regular community services and benefits to the residents of the City.
· Have bona fide members who either reside, work, or are owners or operators of a business or other establishment in the City.
Staff is seeking direction on whether the above changes should be incorporated into the City’sSafe and Sane Fireworks program. Should the City Council direct staff to make any of these changes, staff will bring back a revised resolution for the City Council’s consideration.
7. ATTACHMENTS
· Resolution No. 11597
City of Orange Printed on 11/6/2025Page 2 of 2
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RESOLUTION NO. 11597
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, RESCINDING AND
REPLACING RESOLUTION NO. 11593 TO
REESTABLISH A FEE AND ADOPT 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, possessionand dischargeof" 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 accordancewith rules and regulations adoptedby ordinance or resolution of the City Council, relating to the following: who may sell fireworks, the timeperiodsin whichtheymaybesoldanddischarged,thelocationwheretheymaybedischarged and the manner in which they may be discharged, stored, disposedof 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 rescind and replace Resolution No. 11593 and reestablish rules and regulations regarding the number of Permits allowed eachyear aswell as the application and lottery processto 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:
Resolution No. 11593 is hereby rescinded and replaced upon the effective date of this resolution.
SECTION 2:
The City Manager is hereby authorized to implement this resolution pursuant to Orange Municipal Code Chapter 8. 13.
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SECTION 3:
The maximum number of Permits issued to Qualified Organizations, shall be 12 Permits per year.
A. Four of the maximum number of Permits shall be for Orange High School, El Modena High School, Richland Continuation High School, and Orange Lutheran High School.
The Permit for each high school shall incorporate all of the high school sports teams, affiliated civic groups, student groups, booster clubs, other school organizations, etc.
Each high school shall be responsible for how the Permit is administered and utilized.
None of the aforementioned high schools are required to complete an application for the lottery since eachhigh school will automatically receive a Permit to sell Safe and SaneFireworks. In the event that any of the four high schools electsto not participate in the sale of Safe and Sane Fireworks, then the Permit will be included as an additional lottery Permit available to qualified organizations.
B. All other Qualified Organizations interestedin receiving aPermit must file applications with the City Manager's Office or its designeebeginningthe first businessday of March, continuing up to 5:30 p.m. on the last businessday in March of the sameyear, at which time the filing period for that year will be closed.
C. In drawing from the pool of Qualified Organizations that submitted completed applications, the City Manager's Office or its designeeshall conduct a lottery during a City Council meeting using somemeansof random selection. The first 8 applicants to be randomly selected shall be granted a Permit upon completion of all Permit application requirements. An additional number of applicants shall be randomly selected in the event that one or more of the initial 8 applicants fails to obtain a Permit.
Additional applicants shall be consideredfor a Permit in the order they were drawn.
D. In additionto the requirementsof OrangeMunicipal CodeChapter8.13, 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 permanentmeeting place within the City; provide direct and regular community servicesandbenefits to theresidentsof the City; andhavebona fide memberswho either residein the City, areemployed in the City, or are owners or operatorsof a businessor other establishmentlocated in the City.
E. Qualified Organizations may only submit one application to be included in the lottery for a Safe and Sane Fireworks Permit. If more than one application is submitted on behalf of any nonprofit organization or educational institution, including from their respectiveaffiliated organizations,the City shall disregardoneor 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.
F. On forms and applications provided by the City, Qualified Organizations shall provide:
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a. The proposedlocation of the fireworks stand.
b. The name, address and 24- hour telephone number of one or more responsible adults who will be in chargeof and responsible for the fireworks stand during the period fireworks are sold, displayed, or storedat such location. c. 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.
d. Proof of the applicant' s statusasa Qualified Organization. e. Date when the applicant was organized and established. f. The names and addresses of the officers, if any, of the applicant. g. The name, address, and California StateFire Marshal's license number of any wholesaler or distributor from whom the Qualified Organization proposes to purchasefor resale.
h. The manner, method, and times regarding how the applicant proposes to sell Safe and Sane Fireworks.
i. A copy of the requisite retail salesPermit issuedby the Office of the California State Fire Marshal.
j. Copy of a City of Orangebusinesslicense.
k. Evidence of a temporary salestax Permit from the California State Board of Equalization.
This shall be not be construed asto limit the City from requesting additional information to effectuatethe intent andpurposesof this Resolution and OrangeMunicipal Code Chapter 8.13.
SECTION 4:
Permitteesshall provide certificates of insuranceevidencing the following minimum limits with a California admitted carrier with a current A. M. Best's rating of no lessthan anA.
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 generalaggregatelimit is used, either the general aggregatelimit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The City of Orange its officers, elected or appointed officials, 3 942
employees, agents and volunteers must be named as certificate holder and as additional insured by separateattachedendorsement.
B. Any deductibles, self-insured retentions, or similar forms of coverage limitations or modifications must be declaredto and approvedby the City.
C. Permittee shall include all sub-Permitteesor subcontractors, if any, asinsured under its policiesor shallfurnishseparatecertificatesandendorsementsfor eachsub-Permittees or subcontractors. All coverage for sub- Permittees shall be subject to all of the requirements stated herein.
SECTION 5:
Permitteesagree, asa conditionof receivinga Permit, to protect, defend, indemnify, and hold harmless, the City, the City Council, the City' s officers, elected or appointed officials, employees, agents, andvolunteers from and againstany andall claims, damages,losses,expenses, judgments, demands, anddefensecosts, howevercaused, resultingfrom deathor injury and/or damageto property, arising directly or indirectly out of the obligations or operations undertaken by Permitteeby virtue of thePermitissuance, causedin wholeor in partby anyactor omissionof the Permittee, any subcontractors, anyone directly or indirectly employed, volunteers, or anyone for whose acts any of them may be liable, including but not limited to, concurrent active negligence, exceptwhere causedby the sole active negligence orrwillful misconduct of the City.
In the event of aninjury, claim, lawsuit, or any other dispute,the Permitteewill conduct all legal defensesto those injuries, claims, lawsuits, or any other disputes, including the defenseof the City if applicable, at its sole cost and expense, and at no cost or expenseto the City.
The City shall approve selection of Permittee's counsel. This defense and indemnity obligation shall apply to all claims and liability regardlessof whether any defensesand insurance policies are applicable. The policy limits do not act as a limitation upon the indemnification to be provided by Permittee.
SECTION 6:
Pursuant to Section 12635. 5 of the Health and Safety Code, the City will require each applicant receiving a Permit to pay a feeto the City apro rata portion of the actual and reasonable coststhe City incurred that is related to any of the following:
1) Processingand issuing Permits.
2) Inspection of fireworks stands.
3) Public education and awarenesscampaignsregarding the safe and responsibleuse of safe and sanefireworks, and the dangers and risks posedby the use of illegal fireworks.
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4) Enforcing the provisions of the code of the City with respectto 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.
Costsshallbe allocatedamongPermitteesin proportionto grosssalesasshownon each Permittee's salesandusetax return for the applicable period.
The pro rata shareof costs shall not exceed 7 percent of the gross salesof the fireworks sold in the City during the applicable period. The fee will be calculated annually and due September 2nd
SECTION 7:
The City Council hereby determinesthat the adoptions of MeasureAA, Resolution 11593, this resolution, and Ordinance No. 01- 25 are exempt from review under the California Environmental Quality Act becauseallowing and regulating safe and sanefireworks salesin the City on the Fourth of July cannot be expectedto have a significant environmental effect because such sales already occur without compliance with law or regulation to ensurethe public health, safety and welfare, and therefore this project regulates existing activity for the protection of the environment and other public values rather than allowing wholly new activity. Therefore, these provisions of the State CEQA Guidelines apply: section 15061( b)( 3) — the " common sense" exception, section 15305— the categorical exemption for minor alterations to land use limitations, and section 15308 — the categorical exemption for actions by regulatory agenciesto protect the environment.
ADOPTED this 11thday of February, 2025
aniel R. Slater, Mayor, City of Orange
ATTEST:
a/A44126( 401—e.frne
PamelaColeman, City Clerk, City of Orange
5 944
APPROVED AS TO FORM:
AcV)(
16V\
Vigliotta, City Attorney, City of Orange
tJ hck tclOJ(1' an - f c hike VV:
5Iio1Fa
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of theCity of Orange, California, do herebycertify' that the foregoingResolutionwasduly andregularlyadoptedby the City Councilof the City of Orangeat a regular meeting thereof held on the 11th.day of February 2025 by the following vote:.
AYES: COUNCILMEMBERS: Bilodeau, Dumitru, Tavoularis, Gyllenhammer, Slater
NOES:. COUNCILMEMBER • ' os
ABSENT: ' COUNCILMEMB S: Gutierr z
PamelaColeman, City Clerk, City of Orange
6 945
Agenda Item
Orange City Council
Item #: 10.1. 11/12/2025 File #: 25-0636
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager
1. SUBJECT
Introduction and First Reading of Ordinance No. 19-25 amending Chapter 2.10 of Title 2 of the Orange Municipal Code relating to controlled committee contributions, as well as the process to incorporate amendments and additional requirements to Chapter 2.10.
2. SUMMARY
The proposed Ordinance will make select changes to Orange Municipal Code Sections 2.10.090 and
2.10.240 regarding controlled committee contributions and the process to amend Chapter 2.10.
3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 19-25. An Ordinance of the City Council of the City of Orange amending Sections 2.10.090 and 2.10.240 of the Orange Municipal Code to prohibit transfers of contributions from candidate-controlled committees to City Candidate Committees, to prohibit Candidate-Controlled or Elected Officer-Controlled Committees from making contributions to any committee supporting or opposing a City Candidate for office, and to clarify procedures for amending campaign contribution limitations.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life.
6. DISCUSSION AND BACKGROUND
On May 28, 2024, the Orange City Council adopted Ordinance No. 09-24. This ordinance made select changes to Orange Municipal Code Section 2.10.090 regarding contributions from controlled committees. Before Ordinance No. 09-24, the City did not allow City Candidates or Elective City Officers contribute funds from their respective controlled committees to any other committee that supported or opposed other City Candidates. Ordinance No. 09-24 removed this prohibition.
Per City Council direction on October 28, 2025, Ordinance No. 19-25 reestablishes these prohibitions while modifying the process to amend or change Orange Municipal Code Chapter 2.10. Provided below are the more significant changes proposed in Ordinance No. 19-25 · City Candidates, Elective City Officers, or their controlled committees cannot accept contributions from committees controlled by a federal, state, or local candidate or office holder. · Any changes to contribution limitations as detailed in Chapter 2.10 may occur provided it does City of Orange Printed on 11/6/2025Page 1 of 2
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Item #: 10.1. 11/12/2025 File #: 25-0636
not take effect 90 days prior or after an election.
· That any technical, non-substantive changes to Chapter 2.10 may occur with a simple majority (4/7) vote of the City Council.
· If any amendments or revocation of Chapter 2.10 do not further the purpose statement as written in Section 2.10.020, then those proposals shall only be approved after being submitted to the voters and approved by majority vote. For reference, provided below is the purpose statement:
Section 2.10.020 Purpose.
The purposes of this chapter are: (1) to preserve the integrity of the City's election process through public disclosure of contributions; (2) to maintain public trust in City government and its elected officials; (3) to encourage participation in City elections; (4) to ensure the neutrality and appearance of neutrality by the City in elections; (5) to prevent corruption or the appearance thereof that can be caused by large contributions; and (6) to prevent evasion of contribution limits by the funneling or laundering of contributions.
7. ATTACHMENTS
· Ordinance No. 19-25 Clean
· Ordinance No. 19-25 Redline
City of Orange Printed on 11/6/2025Page 2 of 2
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Agenda Item
Orange City Council
Item #: 10.1. 11/12/2025 File #: 25-0636
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager
1. SUBJECT
Introduction and First Reading of Ordinance No. 19-25 amending Chapter 2.10 of Title 2 of the Orange Municipal Code relating to controlled committee contributions as well as the process to incorporate amendments and additional requirements to Chapter 2.10.
2. SUMMARY
The proposed Ordinance will make select changes to Orange Municipal Code Sections 2.10.090 and
2.10.240 regarding controlled committee contributions and the process to amend Chapter 2.10.
3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 19-25. An Ordinance of the City Council of the City of Orange amending Sections 2.10.090 and 2.10.240 of the Orange Municipal Code to prohibit transfers of contributions from candidate-controlled committees to City Candidate Committees, to prohibit Candidate-Controlled or Elected Officer-Controlled Committees from making contributions to any committee supporting or opposing a City Candidate for office, and to clarify procedures for amending campaign contribution limitations.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life.
6. DISCUSSION AND BACKGROUND
On May 28, 2024, the Orange City Council adopted Ordinance No. 09-24. This ordinance made select changes to Orange Municipal Code Section 2.10.090 regarding contributions from controlled committees. Before Ordinance No. 09-24, the City did not allow City Candidates or Elective City Officers contribute funds from their respective controlled committees to any other committee that supported or opposed other City Candidates. Ordinance No. 09-24 removed this prohibition.
Per City Council direction on October 28, 2025, Ordinance No. 19-25 reestablishes these prohibitions while modifying the process to amend or change Orange Municipal Code Chapter 2.10. Provided below are the more significant changes proposed in Ordinance No. 19-25 · City Candidates, Elective City Officers, or their controlled committees cannot accept contributions from committees controlled by a federal, state, or local candidate or office holder. · Any changes to contribution limitations as detailed in Chapter 2.10 may occur provided it does City of Orange Printed on 11/6/2025Page 1 of 2
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Item #: 10.1. 11/12/2025 File #: 25-0636
not take effect 90 days prior or after an election.
· That any technical, non-substantive changes to Chapter 2.10 may occur with a simple majority (4/7) vote of the City Council.
· If any amendments or revocation of Chapter 2.10 do not further the purpose statement as written in Section 2.10.020, then those proposals shall only be approved after being submitted to the voters and approved by majority vote. For reference, provided below is the purpose statement:
Section 2.10.020 Purpose.
The purposes of this chapter are: (1) to preserve the integrity of the City's election process through public disclosure of contributions; (2) to maintain public trust in City government and its elected officials; (3) to encourage participation in City elections; (4) to ensure the neutrality and appearance of neutrality by the City in elections; (5) to prevent corruption or the appearance thereof that can be caused by large contributions; and (6) to prevent evasion of contribution limits by the funneling or laundering of contributions.
7. ATTACHMENTS
· Ordinance No. 19-25 Clean
· Ordinance No. 19-25 Redline
City of Orange Printed on 11/6/2025Page 2 of 2
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ORDINANCE NO. 19-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTIONS 2.10.090
AND 2.10.240 OF THE ORANGE MUNICIPAL CODE
TO PROHIBIT TRANSFERS OF CONTRIBUTIONS
FROM CANDIDATE -CONTROLLED COMMITTEES
TO CITY CANDIDATE COMMITTEES , TO
PROHIBIT CANDIDATE -CONTROLLED OR
ELECTED OFFICER-CONTROLLED COMMITTTES
FROM MAKING CONTRIBUTIONS TO ANY
COMMITTEE SUPPORTING OR OPPOSING A CITY
CANDIDATE FOR OFFICE, AND TO CLARIFY
PROCEDURES FOR AMENDING CAMPAIGN
CONTRIBUTION LIMITATIONS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Section 2.10.090 of the Orange Municipal Code, “ Administration and Personnel – Campaign Reform -- Contributions from Committees,” is hereby amended to read as follows:
2.10.090 – Contributions from Committees.
A. Inter-Candidate Transfers. No contributions shall be accepted by any City Candidate or Elective City Officer, or their controlled committees, from any other committee controlled by a federal, state, or local candidate or office holder.
B. Intra-Candidate Transfers. If a City Candidate has more than one controlled committee, any transfers into that Candidate's City Candidate Committee shall be governed by the following rules:
1. Transferred contributions shall be deemed contributed during the election cycle in which they are transferred to the receiving City Candidate Committee.
2. Transferred contributions shall be attributed to each contributor on a last in -first out (LIFO) basis and shall be aggregated with any contributions made by such contributor directly to the City Candidate Committee in the same election cycle and shall be subject to the contribution limits of this chapter. Transferred contributions shall be itemized on Schedule A of Form 460 or any successor form, and shall identify the transferor committee for those contributions being transferred.
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2 3. A one-time transfer shall be made at the time the City Candidate forms his/her controlled committee. Subsequent contributions received by the transferor committee on or after the date the City Candidate formed a committee to run for City office may not be transferred to the transferee committee established for that City office.
C. No person or committee shall accept or make any contribution that is conditioned upon all or part of the contribution being transferred to a City Candidate Committee or otherwise violates Government Code Section 84301. Any contributions received in violati on of this subsection shall be paid by the City Candidate to the City's general fund within 60 days of discovery of the violation.
SECTION II:
Section 2.10.240 of the Orange Municipal Code, “ Administration and Personnel – Campaign Reform – Amendments and Additional Requirements ,” is hereby amended to read as follows:
2.10.240 – Amendments and Additional Requirements.
A. The City Council may review the contribution limitations contained in this chapter at any time and determine whether such limitations shall be increased, decreased, or remain the same. In the event the City Council determines that such limitations should b e amended, it shall do so by holding a public hearing and adopting an ordinance reflecting such amendments. No adjustments may take effect ninety (90) days prior to election or ninety (90) days after an election.
B. Nothing in this chapter prevents the Orange City Council by a majority (4/7) vote from amending this chapter to make technical non -substantive changes that further the purposes of this chapter.
C. Any repeal of this chapter or amendments that do not further the purposes of this chapter as stated in Section 2.10.020 shall first have been submitted to the electors of the City and approved by a majority vote.
SECTION III:
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.
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3 SECTION IV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this day of , 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2025, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 202 5 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
952
ORDINANCE NO. 19-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTIONS 2.10.090
AND 2.10.240 OF THE ORANGE MUNICIPAL CODE
TO PROHIBIT TRANSFERS OF CONTRIBUTIONS
FROM CANDIDATE -CONTROLLED COMMITTEES
TO CITY CANDIDATE COMMITTEES , TO
PROHIBIT CANDIDATE -CONTROLLED OR
ELECTED OFFICER-CONTROLLED COMMITTTES
FROM MAKING CONTRIBUTIONS TO ANY
COMMITTEE SUPPORTING OR OPPOSING A CITY
CANDIDATE FOR OFFICE, AND TO CLARIFY
PROCEDURES FOR AMENDING CAMPAIGN
CONTRIBUTION LIMITATIONS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Section 2.10.090 of the Orange Municipal Code, “ Administration and Personnel – Campaign Reform -- Contributions from Committees,” is hereby amended to read as follows:
2.10.090 – Contributions from Committees.
A. Contributions Transferred from Committees. Contributions from candidate controlled committees to a City Candidate Committee are permitted. Inter-Candidate Transfers. No contributions shall be accepted by any City Candidate or Elective City Officer, or their controlled committees, from any other committee controlled by a federal, state, or local candidate or office holder.
B. Contributions Transferred Between Controlled Committees by the Same City Candidate.
Intra-Candidate Transfers. If a City Candidate has more than one controlled committee, any transfers into the City that Candidate's City Candidate Committee shall be governed by the following rules:
1. Transferred contributions shall be deemed contributed during the election cycle in which they are transferred to the receiving City Candidate Committee.
2. Transferred contributions shall be attributed to each contributor on a last in -first out (LIFO) basis and shall be aggregated with any contributions made by such contributor directly to the City Candidate Committee in the same election cycle and shall be subject to the contribution limits of this chapter. Transferred contributions shall be itemized on 953
2 Schedule A of Form 460 or any successor form, and shall identify the transferor committee for those contributions being transferred.
3. A one-time transfer shall be made at the time the City Candidate forms his/her controlled committee. Subsequent contributions received by the transferor committee on or after the date the City Candidate formed a committee to run for City office may not be transferred to the transferee committee established for that City office.
C. No person or committee shall accept or make any contribution that is conditioned upon all or part of the contribution being transferred to a City Candidate Committee or otherwise violates Government Code Section 84301. Any contributions received in violation of this subsection shall be paid by the City Candidate to the City's general fund with in 60 days of discovery of the violation.
SECTION II:
Section 2.10.240 of the Orange Municipal Code, “ Administration and Personnel – Campaign Reform – Amendments and Additional Requirements ,” is hereby amended to read as follows:
2.10.240 – Amendments and Additional Requirements.
A. The City Council may review the contribution limitations contained in this chapter at any time and determine whether such limitations shall be increased, decreased, or remain the same. In the event the City Council determines that such limitations should b e amended, it shall do so by holding a public hearing and adopting an ordinance reflecting such amendments. No adjustments may take effect ninety (90) days prior to election or ninety (90) days after an election.
B. Nothing in this chapter prevents the Orange City Council by a majority (4/7) vote from amending this chapter to make technical non -substantive changes that further the purposes of this chapter.
C. Any repeal of this chapter or amendments that do not further the purposes of this chapter as stated in Sec tion 2.10.020 shall first have been submi tted to the electors of the City and approved by a majority vote.
SECTION III:
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.
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3 SECTION IV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this day of , 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2025, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 202 5 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
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