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 and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work 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 prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 448
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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) 449
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 contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 450
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance 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 452
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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 journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 453
(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 labormanagement 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. 454
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract 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 undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 455
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, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 456
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
457
(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 solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions 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 458
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 execution of the contract, and shall report them to the Division of Labor Standards Enforcement.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
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460
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 formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 461
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return 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 confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 462
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 behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 463
EXHIBIT “A”
BID AND SCOPE OF SERVICES
[Beneath this sheet.]
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EXHIBIT A - PAGE 1 OF 14
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EXHIBIT A - PAGE 2 OF 14
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EXHIBIT A - PAGE 3 OF 14
467
EXHIBIT A - PAGE 4 OF 14
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EXHIBIT A - PAGE 6 OF 14
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EXHIBIT A - PAGE 8 OF 14
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EXHIBIT A - PAGE 9 OF 14
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EXHIBIT A - PAGE 11 OF 14
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EXHIBIT A - PAGE 12 OF 14
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EXHIBIT A - PAGE 13 OF 14
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Attachment No. 2
EXHIBIT “B”
PROJECT LOCATION MAP
[Beneath this sheet.]
479
LINCOLN AVE
GLASSELL ST OLIVE PARK 3 1 2 SECTION APPROX: 750 LF OF 10' HIGH NETTING ON 20' HIGH 3" DIA. 1 POLES APPROX: 350 LF OF 30' HIGH NETTING ON EXISTING 2 POLES APPROX: 1500 SF NETTING TO CONNECT TO EXISTING 3 BACKSTOP AND DUGOUT 1. Locations for fence sections shown on map are approximate. Contractor to confirm exact locations on-site with Landscape Coordinator prior to installation. 2. Contractor shall coordinate with parks supervisor for irrigation and utility line locations prior to any excavation. 3. Contractor shall be responsible for the repair of any existing site amenities to the satisfaction of the City of Orange 4. Contractor shall maintain public access to all park facilities and amenities at all times throughout the duration of the project. 5. Contractor shall maintain the job site in a safe, secure and clean state at all times throughout the duration of the project. There shall be no holes or trenches left open overnight, and all work areas shall be left neat and swept clean at the end of each workday. GENERAL NOTES OLIVE PARK PROJECT LOCATION MAP NO SCALE 1 2 3 EXHIBIT B - page 1 of 1
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Agenda Item
Orange City Council
Item #: 3.15. 4/28/2026 File #: 26-0199
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
First Amendment to Contract with Diversified Thermal Services, LLC for mechanical services and preventative maintenance of heating, ventilation, and air conditioning equipment at various City buildings and parks
2. SUMMARY
On March 12, 2024, the City executed a five-year contract with Diversified Thermal Services, LLC to deliver mechanical services and preventive maintenance of heating, ventilation, and air conditioning equipment across City buildings and parks (Bid No. 23-24.22). The initial three-year contract value of $608,144 is nearly exhausted, driven by preventive maintenance obligations and emergency repairs.
To address this, the proposed First Amendment increases the contract amount by $239,594, bringing the total contract amount to $871,697.
3. RECOMMENDED ACTION
Approve the First Amendment with Diversified Thermal Services, LLC in the amount of $239,594 for preventive maintenance of heating, ventilation, and air conditioning equipment across City buildings and parks; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this First Amendment is $239,594 and will be funded through General Fund (100):
100-5601-56101 Repair/Maint Services - Equip
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology Goal 3: Enhance Public Communication Strategy and Quality of Life
6. DISCUSSION AND BACKGROUND
The City entered into a five-year contract with Diversified Thermal Services LLC on March 12, 2024, to provide preventative maintenance and repair services for HVAC systems across City facilities and parks. The initial two-year contract authority of $608,144 is now nearly exhausted due to a combination of ongoing maintenance requirements and unanticipated major repairs to aging equipment.
To date, approximately $46,200 in additional repair work has been performed beyond routine maintenance to address critical HVAC system failures at multiple City facilities. These repairs were City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.15. 4/28/2026 File #: 26-0199
maintenance to address critical HVAC system failures at multiple City facilities. These repairs were necessary to maintain operational continuity and extend the life of existing equipment.
Given the age and condition of City HVAC infrastructure, staff anticipate similar unforeseen repair needs will continue. Therefore, staff is requesting additional contract authority for both:
· Reconcile costs already incurred for necessary repairs ($46,200), · Provide funding for annual standard preventive maintenance ($51,794), and · Provide funding for anticipated repair needs through June 30, 2027 ($141,600) The proposed First Amendment increases the contract amount by $239,594, bringing the revised notto-exceed amount to $871,697.
Approval of this amendment will ensure the continuity of HVAC maintenance and repair services across City facilities and avoid service disruptions caused by contract capacity constraints.
7. ATTACHMENTS
· First Amendment
City of Orange Page 2 of 2 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.15. 4/28/2026 File #: 26-0199
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
First Amendment to Contract with Diversified Thermal Services LLC for mechanical services and preventative maintenance of heating, ventilation, and air conditioning equipment at various City buildings and parks
2. SUMMARY
On March 12, 2024, the City executed a five-year contract with Diversified Thermal Services, LLC to deliver mechanical services and preventive maintenance of heating, ventilation, and air conditioning equipment across City buildings and parks (Bid No. 23-24.22). The initial three-year contract value of $608,144 is nearly exhausted, driven by preventive maintenance obligations and emergency repairs.
To address this, the proposed First Amendment increases the contract amount by $239,594, bringing the total contract amount to $871,697.
3. RECOMMENDED ACTION
Approve the First Amendment with Diversified Thermal Services, LLC in the amount of $239,594 for preventive maintenance of heating, ventilation and air conditioning equipment across City buildings and parks; and authorize the Mayor and City-Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this First Amendment is $239,594 and will be funded through General Fund (100):
100-5601-56101 Repair/Maint Services - Equip
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology Goal 3: Enhance Public Communication Strategy and Quality of Life
6. DISCUSSION AND BACKGROUND
The City entered into a five-year contract with Diversified Thermal Services LLC on March 12, 2024, to provide preventative maintenance and repair services for HVAC systems across City facilities and parks. The initial two-year contract authority of $608,144 is now nearly exhausted due to a combination of ongoing maintenance requirements and unanticipated major repairs to aging equipment.
To date, approximately $46,200 in additional repair work has been performed beyond routine maintenance to address critical HVAC system failures at multiple City facilities. These repairs were City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.15. 4/28/2026 File #: 26-0199
maintenance to address critical HVAC system failures at multiple City facilities. These repairs were necessary to maintain operational continuity and extend the life of existing equipment.
Given the age and condition of City HVAC infrastructure, staff anticipate similar unforeseen repair needs will continue. Therefore, staff is requesting additional contract authority for both:
· Reconcile costs already incurred for necessary repairs ($46,200), · Provide funding for annual standard preventive maintenance ($51,794), and · Provide funding for anticipated repair needs through June 30, 2027 ($141,600) The proposed First Amendment increases the contract amount by $239,594, bringing the revised notto-exceed amount to $871,697.
Approval of this amendment will ensure the continuity of HVAC maintenance and repair services across City facilities and avoid service disruptions caused by contract capacity constraints.
7. ATTACHMENTS
· First Amendment
City of Orange Page 2 of 2 Printed on 4/23/2026
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FIRST AMENDMENT
TO
CONTRACT
[Mechanical Services and Preventative Maintenance of Heating, Ventilation, and Air Conditioning (HVAC) Equipment at Various City
Buildings and Parks (Bid No.23-24.22; SP-4277)]
THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment to Contract”) is made and entered into as of ________________, 2026 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and DIVERSIFIED THERMAL SERVICES, LLC, a California limited liability company (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. AGR-7659) dated as of March 12, 2024, which is incorporated herein by this reference (the “Original Contract”); and B. City and Contractor desire to amend supplement certain portions of the Original Contract by increasing the compensation to include a 10% contingency.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Contract, as implemented by this First Amendment.
Section 3. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not-to-exceed compensation for the services to be rendered by TWO HUNDRED THIRTY-NINE THOUSAND FIVE HUNDRED NINETY-FOUR DOLLARS and 00/100 ($239,594.00), and Sections 3.a and 3.c are hereby amended in their entirety to read as follows:
“a. Contractor agrees to receive and accept an amount not to exceed SEVEN
HUNDRED NINETY-TWO THOUSAND FOUR HUNDRED FIFTY-TWO
DOLLARS and 00/100 ($792,452.00), as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.”
485
X
486
2 “c. The total amount of compensation under this Contract, including contingencies, shall not exceed EIGHT HUNDRED SEVENTY-ONE THOUSAND SIX HUNDRED NINETY-SEVEN DOLLARS and 00/100 ($871,697.00).
Section 4. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
DIVERSIFIED THERMAL SERVICES, LLC, CITY OF ORANGE, a municipal corporation a California limited liability company
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. √
X
487
Agenda Item
Orange City Council
Item #: 3.16. 4/28/2026 File #: 26-0200
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Contract to Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. for Replacement of Rolling Garage Doors at Fire Station 7 and Corp Yard
2. SUMMARY
Bids for the Replacement of the Rolling Garage Doors at Fire Station 7 and Corp Yard (SP-4321) were received and opened on February 12, 2026 (Bid No. 25-26.12). Three bidders responded to the notice inviting bids. The selected responsible bidder is Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. in the amount of $394,884.
3. RECOMMENDED ACTION
Approve the contract with Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. in the amount of $394,884 representing the original amount of $358,985, plus a 10% contingency of $35,899 for Replacement of Rolling Garage Doors at Fire Station 7 and Corp Yard; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this agreement is $394,884 and will be funded through Prop 172 (400) and General Fund (100) respectively:
400-5601-80101-265096 Fire Station Apparatus Bay Doors $374,220.00 100-5601-56999- City Facility Improvements $20,664.00
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability
6. DISCUSSION AND BACKGROUND
The City Council authorized the advertisement for bids on January 13, 2026. The project was publicly advertised for three weeks, and bids were opened on February 12, 2026. Three bids were received, and they are as follows:
1. Estate Design and Construction - $338,700
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Item #: 3.16. 4/28/2026 File #: 26-0200
2. Owen Walstead LLC, dba U.S. Door, Inc. - $358,985
3. National Garage Door - $386,750
Estate Design and Construction was the low bidder. Staff found the firm non-responsive and nonresponsible after conducting reference checks and evaluating qualifications. Staff identified a lack of comparable project experience, negative reference feedback regarding project delays, and inconsistencies in project value reporting. These concerns highlighted issues of transparency and reliability. Following Public Contract Code Section 20162, award of contracts to the lowest responsive and responsible bidder, the bidder must demonstrate the necessary experience, skill, and integrity for this work.
The next lowest bidder, Owen Walstead LLC, dba U.S. Door, Inc., was determined to be responsive and responsible, with demonstrated experience in similar work and satisfactory references.
Staff recommends awarding the contract to Owen Walstead LLC, dba U.S. Door, Inc., in the amount of $358,985, plus a 10% contingency of $35,899, for a total contract amount of $394,884.
This project will replace six garage bay doors at Fire Station 7 and one non-operable door at the Corporation Yard Fleet Building. The improvements will enhance operational reliability, reduce maintenance needs, and support uninterrupted emergency and public works services.
Construction is anticipated to begin in May 2026 and be completed by June 2026.
7. ATTACHMENTS
· Bid Abstract
· Contract with Owen Walstead LLC, dba U.S. Door, Inc.
City of Orange Page 2 of 2 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.16. 4/28/2026 File #: 26-0200
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Contract to Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. for Replacement of Rolling Garage Doors at Fire Station 7 and Corp Yard
2. SUMMARY
Bids for the Replacement of the Rolling Garage Doors at Fire Station 7 and Corp Yard (SP-4321) were received and opened on February 12, 2026 (Bid No. 25-26.12). Three bidders responded to the notice inviting bids. The selected responsible bidder is Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. in the amount of $394,884.
3. RECOMMENDED ACTION
Approve the contract with Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. in the amount of $394,884 representing the original amount of $358,985, plus a 10% contingency of $35,899 for Rolling Garage Doors at Fire Station 7 and Corp Yard; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this agreement is $394,884 and will be funded through Prop 172 (400) and General Fund (100) respectively:
400-5601-80101-265096 Fire Station Apparatus Bay Doors $374,220.00 100-5601-56999- City Facility Improvements $20,664.00
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability
6. DISCUSSION AND BACKGROUND
The City Council authorized the advertisement for bids on January 13, 2026. The project was publicly advertised for three weeks, and bids were opened on February 12, 2026. Three bids were received, and they are as follows:
1. Estate Design and Construction - $338,700
City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.16. 4/28/2026 File #: 26-0200
2. Owen Walstead LLC, dba U.S. Door, Inc. - $358,985
3. National Garage Door - $386,750
Estate Design and Construction was the low bidder. Staff found the firm non-responsive and nonresponsible after conducting reference checks and evaluating qualifications. Staff identified a lack of comparable project experience, negative reference feedback regarding project delays, and inconsistencies in project value reporting. These concerns highlighted issues of transparency and reliability. Following Public Contract Code Section 20162, award of contracts to the lowest responsive and responsible bidder, the bidder must demonstrate the necessary experience, skill, and integrity for this work.
The next lowest bidder, Owen Walstead LLC, dba U.S. Door, Inc., was determined to be responsive and responsible, with demonstrated experience in similar work and satisfactory references.
Staff recommends awarding the contract to Owen Walstead LLC, dba U.S. Door, Inc., in the amount of $358,985, plus a 10% contingency of $35,899, for a total contract amount of $394,884.
This project will replace six garage bay doors at Fire Station 7 and one non-operable door at the Corporation Yard Fleet Building. The improvements will enhance operational reliability, reduce maintenance needs, and support uninterrupted emergency and public works services.
Construction is anticipated to begin in May 2026 and be completed by June 2026.
7. ATTACHMENTS
· Bid Abstract
· Contract with Owen Walstead LLC, dba U.S. Door, Inc.
City of Orange Page 2 of 2 Printed on 4/23/2026
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BID ABSTRACT: RFB 25-26.12 SP-4321
Replacement of Rolling Garage Doors at Fire Station 7 and Corp Yard (#10026655) Owner: Orange CA, City of
Solicitor: Orange CA, City of
02/12/2026 02:00 PM PST
Engineer Estimate Estate Design and Construction US DOOR INC National Garage Door Section Title Line Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Fire Station 7
1 Rytec Spiral FV High Performance Doors Ea 6 $ 57,500.00 $ 345,000.00 $47,970.00 $287,820.00 $56,700.00 $340,200.00 $57,695.00 $346,170.00 Corp Yard
2 Rolling Garage Door Ea 1 $ 36,000.00 $ 36,000.00 $50,880.00 $50,880.00 $18,785.00 $18,785.00 $40,400.00 $40,400.00 Base Bid Total: $ 381,000.00 $338,700.00 $358,985.00 $386,570.00 492
CONTRACT
[Replacement of Rolling Garage Doors at Fire Station 7
and Corp Yard (Bid No. 25-26.12 SP - 4321)]
THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2026 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and OWEN WALSTEAD LLC, a California limited liability company, dba U.S. DOOR, INC. (“Contractor”), who agree as follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee); (2) The "Standard Specifications for Public Works Construction” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;” (3) The “City of Orange Standard Special Provisions;”
(4) The Standard Plans; and
(5) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” 493
2 c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Assistant Field Services Manager, Rachael Gomez (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within forty-five (45) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed THREE HUNDRED FIFTY-EIGHT THOUSAND NINE HUNDRED EIGHTY-FIVE DOLLARS and 00/100 ($358,985.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its 494
3 acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention. b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of THIRTY-FIVE THOUSAND EIGHT HUNDRED NINETY-NINE DOLLARS and 00/100 ($35,899.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed THREE HUNDRED NINETY-FOUR THOUSAND EIGHT HUNDRED EIGHTYFOUR DOLLARS and 00/100 ($394,884.00).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the 495
4 date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar 496
5 as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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6 d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract. 498
7 ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
499
8 (2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
500
9 g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation. j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.
Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
501
10 ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
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11 f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Owen Walstead, LLC dba U.S. Door, Inc. City of Orange
21067 Commerce Pointe Dr. 300 E. Chapman Avenue
Walnut, CA 91789 Orange, CA 92866-1591
Attn: Brad Owen____________________ Attn: Rachael Gomez Telephone: 909-598-5490 Telephone: 714-744-5588
E-Mail: [email protected] E-Mail: [email protected] 503
12 ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted electronically shall have the same effect as original signatures. [Remainder of page intentionally left blank; signatures on next page] 504
X
505
13 “CITY”
CONTRACT, BONDS AND INSURANCE
APPROVED BY:
Nathalie Adourian, City Attorney
CITY OF ORANGE, a municipal corporation
By:
Daniel R. Slater
Mayor of the City of Orange
ATTEST:
Pamela Coleman, City Clerk
“CONTRACTOR”
OWEN WALSTEAD LLC, a California
limited liability company, dba U.S. DOOR, INC.
[Note: Signature of Managing Member By:
or Person(s) Authorized to bind LLC is Printed Name:
(are) required] Title:
By:
Printed Name:
Title:
√
X
506
Attachment No. 1
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 and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work 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 prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 508
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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) 509
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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 contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 510
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance 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 512
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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 journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 513
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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 labormanagement 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. 514
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract 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 undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 515
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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, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 516
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions 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 518
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 execution of the contract, and shall report them to the Division of Labor Standards Enforcement.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
519
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 formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 520
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 what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return 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 confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 521
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 behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 522
Agenda Item
Orange City Council
Item #: 3.17. 4/28/2026 File #: 26-0156
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Notice of Completion and Acceptance for Well No. 29 Drilling Project
2. SUMMARY
The City of Orange entered into a contract with Best Drilling and Pump, Inc. for Well No. 29 Drilling Project (Bid No. 24-25.13). The Scope of Work consisted of pilot hole drilling, installation of approximately 1,085 feet of 20-inch stainless steel casing and screen, installation of accessory tubing, gravel pack, sanitary seal, hydrogeology testing, well development, and disinfection. The project was completed in February 2026 to the satisfaction of the Public Works Department.
The approved project budget was $2,868,928 including a 10% contingency. The final construction cost is $2,426,995. The project was completed under budget because of savings from field condition changes.
3. RECOMMENDED ACTION
1. Accept Well No. 29 Drilling Project as complete.
2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.
4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.17. 4/28/2026 File #: 26-0156
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Notice of Completion and Acceptance for Well No. 29 Drilling Project
2. SUMMARY
The City of Orange entered into a contract with Best Drilling and Pump, Inc. for Well No. 29 Drilling Project (Bid No. 24-25.13). The Scope of Work consisted of pilot hole drilling, installation of approximately 1,085 feet of 20-inch stainless steel casing and screen, installation of accessory tubing, gravel pack, sanitary seal, hydrogeology testing, well development, and disinfection. The project was completed in February 2026 to the satisfaction of the Public Works Department.
The approved project budget was $2,868,928 including a 10% contingency. The final construction cost is $2,426,995. The project was completed under budget because of savings from field condition changes.
3. RECOMMENDED ACTION
1. Accept the Well No. 29 Drilling Project as complete.
2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.
4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 4/23/2026
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]
THIS DOCUMENT IS RECORDED AT THE
REQUEST AND FOR THE BENEFIT OF THE CITY
OF ORANGE AND IS EXEMPT FROM THE
PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.
NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Well No. 29 Drilling Project, Bid No. 24-25.13; W-709” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on April 28, 2026 at a regular meeting of its members, at which a quorum was present and acting throughout. The Contractor who performed (or caused to be performed) said public work and improvements was Best Drilling and Pump, Inc, a California corporation, with its principal office at 1640 Pellisier Road, in the City of Colton, State of California.
The name of the surety on the Labor and Material Bond for the Project is Great American Insurance Company (Bond# F324609) in the amount of $2,608,116.00.
DATED as of the 28th day of April, 2026. CITY OF ORANGE, a municipal corporation By:
Daniel R. Slater
Mayor of the City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.
DATED as of the 28
th day of April, 2026 at Orange, California.
Daniel R. Slater, Mayor of the City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.
Pamela Coleman, City Clerk of the City of Orange
525
Agenda Item
Orange City Council
Item #: 3.18. 4/28/2026 File #: 26-0181
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director
1. SUBJECT
Notice of Completion and Acceptance for Serrano Park Lodge Pole Fencing Project
2. SUMMARY
The City awarded a contract to Armor Fence Concepts (Bid No. 25-26.05; Agreement No. 7909), to furnish and install a total of approximately 230 linear feet of new, 40” high, 2-rail, lodge pole fencing at two separate locations within Serrano Park to prevent unauthorized vehicle access in the park.
The work has been completed to the satisfaction of the Community and Library Services Department.
The total approved project budget for the Serrano Park Lodge Pole Fencing Project (257016) was $39,000.00. The awarded construction contract amount with Armor Fence Concepts, Inc., including approved contingencies totaled $11,544.50. The final construction was completed within budget at a cost of $10,495.00.
3. RECOMMENDED ACTION
1. Accept Serrano Park Lodge Pole Fencing Project as complete.
2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
Orange City Council
Item #: 3.18. 4/28/2026 File #: 26-0181
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director
1. SUBJECT
Notice of Completion and Acceptance for Serrano Park Lodge Pole Fencing Project
2. SUMMARY
The City awarded a contract to Armor Fence Concepts (Bid No. 25-26.05; Agreement No. 7909), to furnish and install a total of approximately 230 linear feet of new, 40” high, 2-rail, lodge pole fencing at two separate locations within Serrano Park to prevent unauthorized vehicle access in the park.
The work has been completed to the satisfaction of the Community and Library Services Department.
The total approved project budget for the Serrano Park Lodge Pole Fencing Project (257016) was $39,000.00. The awarded construction contract amount with Armor Fence Concepts, Inc., including approved contingencies totaled $11,544.50. The final construction was completed within budget at a cost of $10,495.00.
3. RECOMMENDED ACTION
1. Accept Serrano Park Lodge Pole Fencing as complete.
2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.
4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 4/23/2026
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]
THIS DOCUMENT IS RECORDED AT THE
REQUEST AND FOR THE BENEFIT OF THE CITY
OF ORANGE AND IS EXEMPT FROM THE
PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.
NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Serrano Park Lodge Pole Fencing Installation” (Bid No. 25-26.05)” (herein referred to as the ‘Project’), for the owner, the City of Orange, a municipal corporation (herein referred to as the ‘City’), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on April 28, 2026 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project was performed at Serrano Park, 2349 Apache Creek Dr., in the City of Orange. The Contractor who performed (or caused to be performed) said public work and improvements was Armor Fence Concepts, with its principal office at 23261 Del Lago Dr. Suite 8, Laguna Hills, CA 92653.
DATED as of the 28th day of April 2026. CITY OF ORANGE, a municipal corporation By:
Daniel R. Slater, Mayor, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.
DATED as of the 28th day of April 2026.
Daniel R. Slater, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.
Pamela Coleman, City Clerk, City of Orange
528
Agenda Item
Orange City Council
Item #: 3.19. 4/28/2026 File #: 26-0194
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director
1. SUBJECT
Notice of Completion and Acceptance for Yorba Dog Park Improvements
2. SUMMARY
The City entered into a contract with R.E. Chaffee Construction, Inc. (Bid No. 24-25.12; Agreement No. 7838), to complete the demolition and removal of existing decomposed granite, concrete, chain link fencing and posts, turf, and miscellaneous structures scheduled for removal; modifying existing grade; removing and re-installing existing site amenities; installing new concrete and paver entry and seating areas; installing new chain link fencing and gates; installing new turf with irrigation, and reestablishing surrounding site and grading to pre-existing conditions. The work has been completed to the satisfaction of the Community and Library Services Department.
The total approved project budget for this phase of the Yorba Dog Park Improvements Project (257014) was $240,000.00. The awarded construction contract amount with R.E. Chaffee Construction, Inc., including approved contingencies totaled $233,200.00. The final construction was completed within budget at a cost of $214,017.05.
3. RECOMMENDED ACTION
1. Accept Yorba Dog Park Improvements as complete.
2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.
4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.19. 4/28/2026 File #: 26-0194
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director
1. SUBJECT
Notice of Completion and Acceptance for Yorba Dog Park Improvements
2. SUMMARY
The City entered into a contract with R.E. Chaffee Construction, Inc. (Bid No. 24-25.12; Agreement No. 7838), to complete the demolition and removal of existing decomposed granite, concrete, chain link fencing and posts, turf, and miscellaneous structures scheduled for removal; modifying existing grade; removing and re-installing existing site amenities; installing new concrete and paver entry and seating areas; installing new chain link fencing and gates; installing new turf with irrigation, and reestablishing surrounding site and grading to pre-existing conditions. The work has been completed to the satisfaction of the Community and Library Services Department.
The total approved project budget for this phase of the Yorba Dog Park Improvements Project (257014) was $240,000.00. The awarded construction contract amount with R.E. Chaffee Construction, Inc., including approved contingencies totaled $233,200.00. The final construction was completed within budget at a cost of $214,017.05.
3. RECOMMENDED ACTION
1. Accept Yorba Dog Park Improvements as complete.
2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.
4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 4/23/2026
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]
THIS DOCUMENT IS RECORDED AT THE
REQUEST AND FOR THE BENEFIT OF THE CITY
OF ORANGE AND IS EXEMPT FROM THE
PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.
NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Yorba Dog Park Improvements (Bid No. 24-25.12)” (herein referred to as the ‘Project’), for the owner, the City of Orange, a municipal corporation (herein referred to as the ‘City’), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on April 28, 2026 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project was performed at Yorba Park, 190 S.
Yorba St., in the City of Orange. The Contractor who performed (or caused to be performed) said public work and improvements was R.E. Chaffee Construction, Inc., with its principal office at 6025 Park Dr., PO BOX 3087, Wrightwood CA 92397.
The name of the surety on the payment bond for the Project is Everest National Insurance Company (Bond No.
ES00020705) in the amount of $212,000.00.
DATED as of the 28th day of April 2026. CITY OF ORANGE, a municipal corporation By:
Daniel R. Slater, Mayor, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.
DATED as of the 28th day of April 2026.
Daniel R. Slater, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.
Pamela Coleman, City Clerk, City of Orange
531
Agenda Item
Orange City Council
Item #: 3.20. 4/28/2026 File #: 26-0145
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Steven Scardina, Information Technology Manager
1. SUBJECT
Authorize purchase of Cradlepoint mobile routers and antennas from CDCE, Inc.
2. SUMMARY
Purchase 40 R980 Cradlepoint routers and antennas for police vehicles from CDCE, Inc. through NASPO Valuepoint Master Agreement AR3189, Addendum No. 7-20-70-47-02.
3. RECOMMENDED ACTION
1. Approve the purchase of 40 Cradlepoint routers and antennas from CDCE, Inc. in the amount of $65,481.49.
2. Authorize the appropriation of $65,481.49 from Traffic Safety (450) undesignated fund balance to expenditure account number 450-4011-80101, Traffic Safety - Furniture, Fixture, Equipment.
4. FISCAL IMPACT
The expense for this agreement/purchase is $65,481.49 and will be funded through Traffic Safety (450):
450-4011-80101 Traffic Safety - Furniture, Fixture, Equipment Upon approval of this appropriation, the estimated Traffic Safety Fund (450) undesignated fund balance as of June 30, 2026, will be $943,962.35.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
In-vehicle cellular routers provide critical connectivity for mobile data computers used by officers during traffic enforcement activities. These systems support essential functions such as California Law Enforcement Telecommunication System (CLETS) vehicle and driver queries, CAD access, electronic citation processing, traffic collision reporting, and in-car video communication. Together, these tools enable real-time, field-based traffic operations that enhance officer effectiveness and contribute to improved roadway safety through informed policing and efficient data use.
The Police Department’s existing Cradlepoint routers are approximately five years old and nearing end-of-life. In addition, the current routers are limited to 4G connectivity. Upgrading to new routers City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.20. 4/28/2026 File #: 26-0145
end-of-life. In addition, the current routers are limited to 4G connectivity. Upgrading to new routers with 5G capability will provide significantly higher data speeds, lower latency, and greater capacity to support multiple connected devices. This replacement will improve communication reliability and performance while ensuring continued operational readiness.
Funding is available in the Traffic Safety Fund (450) which are restricted for use on traffic-related safety improvements and equipment, making this purchase an eligible and appropriate expenditure.
The purchase of 40 routers will be completed using NASPO ValuePoint Master Agreement AR3189, Addendum No. 7-20-70-47-02, expiring on September 30, 2026.
7. ATTACHMENTS
· CDCE quote
City of Orange Page 2 of 2 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.20. 4/28/2026 File #: 26-0145
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Steven Scardina, Information Technology Manager
1. SUBJECT
Authorize purchase of Cradlepoint mobile routers and antennas from CDCE, Inc.
2. SUMMARY
Purchase 40 R980 Cradlepoint routers and antennas for police vehicles from CDCE, Inc. through NASPO Valuepoint Master Agreement AR3189, Addendum No. 7-20-70-47-02.
3. RECOMMENDED ACTION
1. Approve the purchase of 40 Cradlepoint routers from CDCE, Inc. in the amount of $65,481.49.
2. Authorize the appropriation of $65,481.49 from Traffic Safety (450) undesignated fund balance to expenditure account number 450-4011-80101, Traffic Safety - Furniture, Fixture, Equipment.
4. FISCAL IMPACT
The expense for this agreement/purchase is $65,481.49 and will be funded through Traffic Safety (450):
450-4011-80101 Traffic Safety - Furniture, Fixture, Equipment Upon approval of this appropriation, the estimated Traffic Safety Fund (450) undesignated fund balance as of June 30, 2026, will be $943,962.35.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
In-vehicle cellular routers provide critical connectivity for mobile data computers used by officers during traffic enforcement activities. These systems support essential functions such as California Law Enforcement Telecommunication System (CLETS) vehicle and driver queries, CAD access, electronic citation processing, traffic collision reporting, and in-car video communication. Together, these tools enable real-time, field-based traffic operations that enhance officer effectiveness and contribute to improved roadway safety through informed policing and efficient data use.
The Police Department’s existing Cradlepoint routers are approximately five years old and nearing end-of-life. In addition, the current routers are limited to 4G connectivity. Upgrading to new routers with 5G capability will provide significantly higher data speeds, lower latency, and greater capacity to City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.20. 4/28/2026 File #: 26-0145
with 5G capability will provide significantly higher data speeds, lower latency, and greater capacity to support multiple connected devices. This replacement will improve communication reliability and performance while ensuring continued operational readiness.
Funding is available in the Traffic Safety Fund (450) which are restricted for use on traffic-related safety improvements and equipment, making this purchase an eligible and appropriate expenditure.
The purchase of 40 routers will be completed using NASPO ValuePoint Master Agreement AR3189, Addendum No. 7-20-70-47-02, expiring on September 30, 2026.
7. ATTACHMENTS
· CDCE quote
City of Orange Page 2 of 2 Printed on 4/23/2026
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Telephone: 800-373-5353
CDCE, Inc.
22641 Old Canal Road
Yorba Linda, CA 92887
City of Orange
300 E. Chapman Ave
Orange, CA 92866
United States
City of Orange
300 E. Chapman Ave
Orange, CA 92866
United States
Sales Quote
123324-J
Customer No. CIORANGE
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
714-744-2277
Accounts Payable
714-744-2283
Steven Scardina
Payment Method
Customer PO NumberF.O.B.Ship Via
Net 30
Drop Ship Destination
Entered By Ordered BySalesperson
Steven ScardinaCrystal BeachCrystal Beach
Order
Qty
Extended
Price
Unit
Price Part # Description
Quote Date
04/10/26
E-mail: E-mail: [email protected] [email protected] Line
Item
CDCE, Inc.
751 S. Weir Canyon Rd # 157-483
Anaheim, CA 92808-1962
Send Remittances to:
1 40 44,280.00 DM-4002555221DBF253 R980 Router with WiFi Trade Up 4-yr NetCloud Mobile 1,107.00 Router Essentials Plan, (5G modem 4FF SIM slots, and embedded eSIM), no AC power supply or antennas, Global) - limited lifetime warranty, MFG Part Number: TU-MB04-R980-5GD-A
40 15,470.80386.77ANT-941075B77EBA3B88 Parsec PTA Australian Shepherd Antenna (7 lead)2 4 LTE (SMA M) - 2 WiFi (SMA M) - GNSS (SMA M), .75" Threaded BoltBlack - 15' Cables, MFG Part Number: PTA7AS4L2WG15B
Estimated Delivery Date: 4 - 8 weeks ARO.
Cradlepoint NetCloud Admin:
Steven Scardina
[email protected]
714-744-2283
Cradlepoint NASPO Valuepoint Contract#
Master Agreement: AR3189
California Cooperative Agreement Number: 7-20-70-47-02
Expiration date: 9/30/26
04/06/26
04:28:43 PM
Page No.
Print Time
Print Date
Order Total
7.750 % Sales Tax
Freight
Subtotal
65,481.49
4,630.69
1,100.00
59,750.80
B77EBA3B88
Printed by Hubmate User: KWood
536
Telephone: 800-373-5353
CDCE, Inc.
22641 Old Canal Road
Yorba Linda, CA 92887
City of Orange
300 E. Chapman Ave
Orange, CA 92866
United States
City of Orange
300 E. Chapman Ave
Orange, CA 92866
United States
Sales Quote
123324-J
Customer No. CIORANGE
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
714-744-2277
Accounts Payable
714-744-2283
Steven Scardina
Payment Method
Customer PO NumberF.O.B.Ship Via
Net 30
Drop Ship Destination
Entered By Ordered BySalesperson
Steven ScardinaCrystal BeachCrystal Beach
Order
Qty
Extended
Price
Unit
Price Part # Description
Quote Date
04/10/26
E-mail: E-mail: [email protected] [email protected] Line
Item
CDCE, Inc.
751 S. Weir Canyon Rd # 157-483
Anaheim, CA 92808-1962
Send Remittances to:
Purchase orders must include the following:
CDCE Quote#
All part numbers
Part Descriptions
Quantities and price
Sales Tax & Freight
Bill to/Ship To
Payment Terms
***This quote is valid for 30 days from the stated Quote Date*** 04/06/26
04:28:43 PM
Page No.
Print Time
Print Date
Order Total
7.750 % Sales Tax
Freight
Subtotal
65,481.49
4,630.69
1,100.00
59,750.80
B77EBA3B88
Printed by Hubmate User: KWood
537
Agenda Item
Orange City Council
Item #: 3.21. 4/28/2026 File #: 26-0186
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Steven Scardina, Information Technology Manager
1. SUBJECT
Authorize purchase of VeloCloud hardware from Sidepath, Inc.
2. SUMMARY
The VeloCloud purchase will fully enable a dual internet carrier function for the City providing for automatic seamless fail-over in the event one carrier’s service experiences an outage.
3. RECOMMENDED ACTION
Approve the purchase of VeloCloud hardware from Sidepath, Inc. for $40,800.51.
4. FISCAL IMPACT
The expense for this purchase is $40,800.51 and will be funded through General Fund (100). 100.1601.56999 Other Repair / Maintenance Services
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
The City increasingly utilizes cloud-based application solutions such as email, permitting, maintenance management, police computer aided dispatch and records management, website, financial system, and many others. The City currently utilizes Spectrum for business-class internet services. A second business-class internet service with Crown Castle is in progress. Adopting two physically diverse internet carriers eliminates the single point of failure inherent in a single-carrier design. A dual-carrier design delivers measurable improvements in uptime and operational continuity.
VeloCloud is an excellent way to maximize the value of the dual internet services. VeloCloud actively aggregates and load-balances the two carrier’s internet bandwidth improving operations and enables seamless fail-over alleviating the risk with a single carrier point of failure. Dual diverse carriers is now a standard best practice for businesses where internet connectivity can significantly impact operations.
The purchase will be completed using NASPO ValuePoint Master Agreement AR2472 expiring on September 15, 2026.
City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.21. 4/28/2026 File #: 26-0186
7. ATTACHMENTS
· Sidepath Quote
City of Orange Page 2 of 2 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.21. 4/28/2026 File #: 26-0186
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Steven Scardina, Information Technology Manager
1. SUBJECT
Authorize purchase of VeloCloud hardware from Sidepath, Inc.
2. SUMMARY
The VeloCloud purchase will fully enable a dual internet carrier function for the City providing for automatic seamless fail-over in the event one carrier’s service experiences an outage.
3. RECOMMENDED ACTION
Approve the purchase of VeloCloud hardware from Sidepath, Inc. for $40,800.51.
4. FISCAL IMPACT
The expense for this purchase is $40,800.51 and will be funded through General Fund (100). 100.1601.56999 Other Repair / Maintenance Services
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
The City increasingly utilizes cloud-based application solutions such as email, permitting, maintenance management, police computer aided dispatch and records management, website, financial system, and many others. The City currently utilizes Spectrum for business-class internet services. A second business-class internet service with Crown Castle is in progress. Adopting two physically diverse internet carriers eliminates the single point of failure inherent in a single-carrier design. A dual-carrier design delivers measurable improvements in uptime and operational continuity.
VeloCloud is an excellent way to maximize the value of the dual internet services. VeloCloud actively aggregates and load-balances the two carrier’s internet bandwidth improving operations and enables seamless fail-over alleviating the risk with a single carrier point of failure. Dual diverse carriers is now a standard best practice for businesses where internet connectivity can significantly impact operations.
The purchase will be completed using NASPO ValuePoint Master Agreement AR2472 expiring on September 15, 2026.
City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.21. 4/28/2026 File #: 26-0186
7. ATTACHMENTS
· Sidepath Quote
City of Orange Page 2 of 2 Printed on 4/23/2026
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Quotation
22892 Mill Creek Drive Date: 04/01/26
Laguna Hills, CA 92653 Quotation #: SIDQ55291-03
Phone (949)748-8700; Fax (949)748-8706 www.sidepath.comValid Until: 05/01/26 Prepared By: Chaz Steen
Project ID: SIDPROJECT51834
Bill To: Ship To:
City of Orange City of Orange Attn: Steven Scardina Attn: Steven Scardina 300 E. Chapman Avenue Orange, CA 92866 300 E. Chapman Avenue Orange, CA 92866
Phone: (714) 744-2283 Phone: (714) 744-2283
Email: [email protected] Email: [email protected] Qty Item Code Description Unit Price Ext. Price
NASPO Master Contract Number: AR2472
Arista
4 ARS-SDE-EDG-740 SDE-EDG-740 - Arista Edge 740 VeloCloud Edge OS appliance - $3,484.80 $13,939.20 Ethernet - Gigabit Ethernet - DHCP,IPv6,IPv4,SNMP - 6 LAN/WAN
2.5G RJ-45, 2 LAN/WAN 1G/10G SFP+, 2 USB Ports - 802.1Q, 802.1ad, 802.1x 48 ARS-SVC-SDE-EDG-740-1 $17.87 $857.76
M-NB
1 Month A-Care Software & NBD Hardware Replacement/Same Day Ship for SDE-EDG-740 24 ARS-SDE-PRE2-HO-HG-1G- $501.91 $12,045.84
1M
Arista VeloCloud SD-WAN Premium Edition V2 (Hosted
Orchestrator +Controller;Hosted Gateway) - 1 Gbps
2 ARS-VC-AC-RMB Arista Edge Rack Mount Bracket $38.92 $77.84 SubTotal $26,920.64
Pro Services
1 SVE-S-TM-ENG-REM Five day contiguous delivery remote - PS network consulting $11,760.00 $11,760.00 services, Region 1 delivery resource. SubTotal $11,760.00 Payment Terms from Ship Date: Net 30
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Product Total $38,680.64 Taxes $2,019.87
Shipping $100.00
Grand Total $40,800.51
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.
Note: Sidepath will collect sales tax for orders shipped to these states: AZ, CA, GA, HI, MA, NV, NY, NC, TX, VA and WA. For orders shipped outside of these states, it will be the customer's responsibility to report the tax as Sales & Use Tax.
Please contact me if I can be of further assistance.
THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quotation, please contact: Patrick Mulvee | (213) 458-7771 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.
Sidepath - City of Orange Arista Page 1 of 1
542
Agenda Item
Orange City Council
Item #: 3.22. 4/28/2026 File #: 26-0210
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorize purchase of four traffic signal cabinets and one controller from Econolite Control Products, Inc. and a Centracs Software Maintenance Agreement from Econolite Systems, Inc., as a sole source procurement
2. SUMMARY
The maintenance of the city’s 158 traffic signals requires the purchase of parts, including major components such as traffic signal cabinets and controllers. Econolite Control Products, Inc., and Econolite Systems, Inc., provide hardware and software necessary to achieve consistency and compatibility with the city’s existing traffic signal infrastructure. These vendors are the only providers of their respective products and services. Therefore, a sole source procurement is justified.
3. RECOMMENDED ACTION
Approve the sole source purchase of four traffic signal cabinets and one controller from Econolite Control Products, Inc. and a Centracs Software Maintenance Agreement from Econolite Systems, Inc. for a total of $113,969.
4. FISCAL IMPACT
The expense for this purchase is $113,969 and will be funded through Traffic Signal Controller Changeout (255073) and Biennial Traffic Signal Coordination (255094) respectively:
270-5704-87101-255073 Traffic Signal Controller Changeout $93,500 263-5704-87101-255094 Biennial Traffic Signal Coordination $20,469 Total $113,969
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
Traffic signal cabinets serve two primary functions: to protect sensitive electrical components from exposure and provide capacity to house traffic signal hardware needed to expand functionality. Traffic signal controllers are the “brains” of a signalized intersection and are used to operate the selection and timing of traffic movements in accordance with the varying demands of traffic as registered with City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.22. 4/28/2026 File #: 26-0210
and timing of traffic movements in accordance with the varying demands of traffic as registered with the controller unit by detectors. Maintaining serviceable condition of field traffic signal equipment, including cabinets and controllers, is critical for ensuring a safe and efficient transportation system.
Equally important is the maintenance of advanced traffic control software. The city uses Centracs software installed in the Traffic Management Center’s workstations as a tool to monitor, manage and optimize traffic signals.
Staff have successfully taken advantage of various opportunities, including federal/state grants and Measure M2 grant funding, to upgrade aging traffic signal controllers and will continue to do so moving ahead. However, there remains several intersections that, due to lack of regional significance and other factors, are ineligible or unlikely to be funded through these external grant sources. As a result, some legacy equipment requires replacement through other funding methods. In April 2023 the City Council approved the purchase of four traffic signal cabinets for replacement and installation at various intersections throughout the City. As part of this ongoing effort to replace older equipment, four traffic signal cabinets are recommended for purchase at the following signalized intersections:
1. Santiago Boulevard and Meats Avenue
2. Santiago Boulevard and Serrano Avenue
3. La Veta Avenue and Bedford Road
4. Prospect Street and Bond Avenue
The traffic signal controller will be kept in stock and deployed if an existing controller malfunctions or is destroyed in a collision. Moreover, the purchase of a one-year Software Maintenance Agreement will ensure the city will receive a software upgrade to the current version of Centracs, periodic software maintenance updates, and technical support for City staff.
Econolite Control Products, Inc. and Econolite Systems, Inc. are subsidiaries of Econolite Group, Inc. (Econolite). City staff uses Econolite products and software on a daily basis. To achieve consistency and compatibility with existing signal infrastructure, staff recommends the purchase of four traffic signal cabinets and one controller from Econolite Control Products, Inc. and a Centracs Software Maintenance Agreement for a one-year period from Econolite Systems, Inc. These subsidiaries are part of Econolite, which is the sole provider and distributor of Econolite products in California, therefore warranting a sole source procurement.
The total amount of the procurement and installation is not to exceed $113,969. To minimize expenses, the installation (replacement) of the traffic signal controller cabinets will be performed by either staff or the city’s on-call traffic signal maintenance contractor.
7. ATTACHMENTS
· Econolite Quote
· Single Source Letter from Econolite
City of Orange Page 2 of 2 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.22. 4/28/2026 File #: 26-0210
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorize purchase of four traffic signal cabinets and one controller from Econolite Control Products, Inc. and a Centracs Software Maintenance Agreement from Econolite Systems, Inc., as a sole source procurement
2. SUMMARY
The maintenance of the city’s 158 traffic signals requires the purchase of parts, including major components such as traffic signal cabinets and controllers. Econolite Control Products, Inc., and Econolite Systems, Inc., provide hardware and software necessary to achieve consistency and compatibility with the city’s existing traffic signal infrastructure. These vendors are the only providers of their respective products and services. Therefore, a sole source procurement is justified.
3. RECOMMENDED ACTION
Approve the sole source purchases of four traffic signal cabinets and one controller from Econolite Control Products, Inc. and a Centracs Software Maintenance Agreement from Econolite Systems, Inc. for a total of $113,969.
4. FISCAL IMPACT
The expense for this purchase is $113,969 and will be funded through Traffic Signal Controller Changeout (255073) and Biennial Traffic Signal Coordination (255094) respectively:
270-5704-87101-255073 Traffic Signal Controller Changeout $93,500 263-5704-87101-255094 Biennial Traffic Signal Coordination $20,469 Total $113,969
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
Traffic signal cabinets serve two primary functions: to protect sensitive electrical components from exposure and provide capacity to house traffic signal hardware needed to expand functionality. Traffic signal controllers are the “brains” of a signalized intersection and are used to operate the selection and timing of traffic movements in accordance with the varying demands of traffic as registered with City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.22. 4/28/2026 File #: 26-0210
and timing of traffic movements in accordance with the varying demands of traffic as registered with the controller unit by detectors. Maintaining serviceable condition of field traffic signal equipment, including cabinets and controllers, is critical for ensuring a safe and efficient transportation system.
Equally important is the maintenance of advanced traffic control software. The city uses Centracs software installed in the Traffic Management Center’s workstations as a tool to monitor, manage and optimize traffic signals.
Staff have successfully taken advantage of various opportunities, including federal/state grants and Measure M2 grant funding, to upgrade aging traffic signal controllers and will continue to do so moving ahead. However, there remains several intersections that, due to lack of regional significance and other factors, are ineligible or unlikely to be funded through these external grant sources. As a result, some legacy equipment requires replacement through other funding methods. In April 2023 the City Council approved the purchase of four traffic signal cabinets for replacement and installation at various intersections throughout the City. As part of this ongoing effort to replace older equipment, four traffic signal cabinets are recommended for purchase at the following signalized intersections:
1. Santiago Boulevard and Meats Avenue
2. Santiago Boulevard and Serrano Avenue
3. La Veta Avenue and Bedford Road
4. Prospect Street and Bond Avenue
The traffic signal controller will be kept in stock and deployed if an existing controller malfunctions or is destroyed in a collision. Moreover, the purchase of a one-year Software Maintenance Agreement will ensure the city will receive a software upgrade to the current version of Centracs, periodic software maintenance updates, and technical support for City staff.
Econolite Control Products, Inc. and Econolite Systems, Inc. are subsidiaries of Econolite Group, Inc. (Econolite). City staff uses Econolite products and software on a daily basis. To achieve consistency and compatibility with existing signal infrastructure, staff recommends the purchase of four traffic signal cabinets and one controller from Econolite Control Products, Inc. and a Centracs Software Maintenance Agreement for a one-year period from Econolite Systems, Inc. These subsidiaries are part of Econolite, which is the sole provider and distributor of Econolite products in California, therefore warranting a sole source procurement.
The total amount of the procurement and installation is not to exceed $113,969. To minimize expenses, the installation (replacement) of the traffic signal controller cabinets will be performed by either staff or the city’s on-call traffic signal maintenance contractor.
7. ATTACHMENTS
· Econolite Quote
· Single Source Letter from Econolite
City of Orange Page 2 of 2 Printed on 4/23/2026
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Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback
4/14/2026
To:
Item # Part Qty Description Tariff Price per Extended
1 S-25569-001 1 CENTRACS SMA 1-YEAR BASIC $0.00 $12,600.00 $12,600.00 2 CAB18772 4 TS2-2 PNG P44 BM 16 HORIZ CAB IN/OUTWHITE INCLUDES THE FOLLOWING:
1 CABINET 55", PAINT IN/OUT SAME -
WHITE T009-WH11
1 THERMOSTAT KTS 011 (NO)
1 LED, T12 SIGN LAMP, 8 WATT
1 LOCK, CABINET, DEAD BOLTWITH 2 KEYS,
CORBIN
2 SHELF, STANDARD, P44/R77
1 DUAL FAN PANEL
2 LIP, REAR, SHELF, P44/R77
1 DRAWER, DOOR MOUNTED,
4 ANCHOR BOLT, 18 X 3/4 X 2.5
1 FILTER AIR 12 X 16 X 1
1 LOCK, SUB TREASURY, BEVEL BOLTW/2
KEYS LONG 04266
DETECTION
1 PANEL, LOOP INTERFACE
2 DETECTOR RACK, TS2 16 CH
MISC
1 IC, MEMORY, TOKEN
1 SURGE PROTECTOR AC 120V
2 CKBKR 10A 1P 120/240V
1 CIRCUIT BRKR, 15A, 1P 120/240V
1 CIRCUIT BRKR, 20A 1P 120/240V
PLUG-INS
6 FLASH TRANSFER RELAY
1 PWR SUPPLY, 5 AMP EDI PS-250-E
1 MMU2-16LEip-E W/ETHERNET PORT
16 LOAD SWITCH W/INPUT IND, SSR
1 FLASHER, 2 CKT 15A SOLID STATE
SUB-ASSEMBLIES
2 POWER STRIP, 4 OUTLET, 15 AMP
2 BUS INTERFACE UNIT 3.0
$206.90 $22,005.00 $88,020.00
Martin Varona
Orange, CA; City of
637 W. Struck Ave.
Orange, CA 92866
Quote Name: City of Orange Cabinet, Controller,
and SMA Quote
Project Reference:
Econolite Reference: Q-56282-C432
547
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback
1 STAGGERED DUAL BUSS BARAC
NEUTRAL, BOTH RAISED
5 CABLE, SDLC BUSS TO 15M
1 HUB, SDLC, 5-CONNECTOR
1 POWER AUX PANEL, TS2
1 POLICE/AUX SWITCH PANEL
1 POWER BUSS PANEL, 6 CONN
1 MAIN PANEL, TS1 PNG
4 PED PB ISOLATION UNIT
1 ASSY, LOAD RESISTOR
1 BIKE PUSH BUTTON PANEL
ECONOLITE SYSTEMS CABINET TESTING
3 COB21120310000 1 COBALT G-SERIES, TS1, RECEPTACLE WITH 8MB DATAKEY, FSK CARD 25-PIN
$152.30 $5,148.45 $5,148.45
Any tariff amount shown is an estimate of the tariff fee based on information available as of today’s date.
Econolite will pass through all tariff fees in effect at the time of shipment, which may be different from the tariff amount set forth herein and on the order acknowledgment.
Unless specifically requested by the customer and noted on this quotation, the product(s) quoted herein may not comply with any BABA Act (Build America/Buy America) requirements.
Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law.
Quote Valid For Days: 60
FOB: Econolite Factory
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Corey Kelly
Corey Kelly, Senior Account Executive
Mobile: 714-273-4912
[email protected]
Shipping Date: To be determined at time of receipt of order Subtotal $105,768.45
Shipping & Handling*
Taxes** $7,220.55
Tariffs** $979.90
TOTAL $113,968.90
548
To: City of Orange
From: Corey Kelly
Date: 4-8-26
Re: Sole Source
To whom it may concern,
This letter is to verify that Econolite located at 1250 N. Tustin Ave., Anaheim, California 92807 is the sole developer, provider or manufacturer of any and all, “Econolite” and “Safetran” products in the state of California.
This would include:
1. Plug-N-Go Cabinets and Hardwire: TS1 and TS2
2. Controllers: Cobalt® and Safetran 2070®. This also includes any products or licensing that would be associated with Econolite proprietary products. Example: ASC3® or EOS® software upgrades can only be purchased through Econolite as the software is developed, registered, and licensed for use only by Econolite.
3. System software: Centracs®, Centracs MOE®, Centracs SPM®. Example: Centracs® software upgrades can only be purchased through Econolite as the software is developed, registered, and licensed for use only by Econolite.
4. Autoscope® video detection: ENCORE®, Rack Vision Terra® and Vision® are registered trademarks of Image Sensing Systems. Econolite is the sole distributor of Autoscope® products in the United States.
5. Econolite Blue Series Cabinets.
6. In-ground wireless detection: Econolite-branded AccuSense® sensors, peripherals, and software.
7. Econolite Signals and Display Products
8. Econolite branded BIU’s, Load Switches, Power Supplies, Zinc Blue UPS and any other products with the Econolite® name.
If you have any questions concerning this matter, please contact me at (714) 273-4912.
We appreciate the opportunity for your business!
Thank You,
Corey Kelly
Econolite
549
Agenda Item
Orange City Council
Item #: 3.23. 4/28/2026 File #: 26-0161
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services
1. SUBJECT
2026 City of Orange Conflict of Interest Code Biennial Review Notice
2. SUMMARY
The City is required by GC §87306.5 to review, and, if necessary, amend its Conflict of Interest Code every even-numbered year. As the code reviewing body for the Cityof Orange, the City Council must, no later than July 1, 2026, direct review of its code; and, no later than October 1, 2026, receive notice that an amendment is or is not required. If an amendment is required, it must be completed prior to December 31, 2026.
3. RECOMMENDED ACTION
Direct staff to review the Conflict of Interest Code and authorize execution of the Biennial Review Notice no later than October 1, 2026.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
This action does not correlate to any of the adopted strategic plan goals; however, Section 87306 of the California Government Code requires biennial review of the City’s Conflict of Interest Code.
6. DISCUSSION AND BACKGROUND
The Political Reform Act of 1973 (“the Act”) and, in particular, Government Code Section 87306.5, requires the City Council to direct a review of the City’s Conflict of Interest Code (“Code”) no later than July 1 of each even-numbered year. If changes are necessary, a revised Code must be submitted to the City Council for approval. The City of Orange Conflict of Interest Code was last amended in 2024.
The Conflict of Interest Code identifies officials, employees, boards, committees and commissions; and consultants who are required to file at Statement of Economic Interests Form 700 when assuming office, on an annual basis, and upon leaving office. The purpose of the update is to specify positions within the agency which involve decision making that may have material or personal financial interests relative to City business. Designated individuals must disqualify themselves when conflicts of interest occur.
The completed review must be submitted to the City Council, with any recommended changes, by City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.23. 4/28/2026 File #: 26-0161
The completed review must be submitted to the City Council, with any recommended changes, by October 1, 2026. If an amendment is required, it must be completed prior to December 31, 2026.
Staff anticipates necessary changes to the current Code and, therefore, will prepare an amendment to be presented to the City Council for consideration no later than December 31, 2026.
7. ATTACHMENTS
· Resolution No. 11558 adopted on June 25, 2024
City of Orange Page 2 of 2 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.23. 4/28/2026 File #: 26-0161
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services
1. SUBJECT
2026 City of Orange Conflict of Interest Code Biennial Review Notice
2. SUMMARY
The City is required by GC §87306.5 to review, and, if necessary, amend its Conflict of Interest Code every even-numbered year. As the code reviewing body for the Cityof Orange, the City Council must, no later than July 1, 2026, direct review of its code; and, no later than October 1, 2026, receive notice that an amendment is or is not required. If an amendment is required, it must be completed prior to December 31, 2026.
3. RECOMMENDED ACTION
Direct staff to review the Conflict of Interest Code and authorize execution of the Biennial Review Notice no later than October 1, 2026.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
This action does not correlate to any of the adopted strategic plan goals; however, Section 87306 of the California Government Code requires biennial review of the City’s Conflict of Interest Code.
6. DISCUSSION AND BACKGROUND
The Political Reform Act of 1973 (“the Act”) and, in particular, Government Code Section 87306.5, requires the City Council to direct a review of the City’s Conflict of Interest Code (“Code”) no later than July 1 of each even-numbered year. If changes are necessary, a revised Code must be submitted to the City Council for approval. The City of Orange Conflict of Interest Code was last amended in 2024.
The Conflict of Interest Code identifies officials, employees, boards, committees and commissions; and consultants who are required to file at Statement of Economic Interests Form 700 when assuming office, on an annual basis, and upon leaving office. The purpose of the update is to specify positions within the agency which involve decision making that may have material or personal financial interests relative to City business. Designated individuals must disqualify themselves when conflicts of interest occur.
The completed review must be submitted to the City Council, with any recommended changes, by City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.23. 4/28/2026 File #: 26-0161
The completed review must be submitted to the City Council, with any recommended changes, by October 1, 2026. If an amendment is required, it must be completed prior to December 31, 2026.
Staff anticipates necessary changes to the current Code and, therefore, will prepare an amendment to be presented to the City Council for consideration no later than December 31, 2026.
7. ATTACHMENTS
· Resolution No. 11558 adopted on June 25, 2024
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RESOLUTION NO. 11558
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING AN AMENDED
CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974
WHEREAS, the Political Reform Act( Government Code Section 81000 et seq.) requires the City to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code, which was amended by Resolution No. 11415 on October 11, 2022; and
WHEREAS, the Political Reform Act, in Government Code Section 87306, requires the City to review its Conflict of Interest Code biennially to determine whether amendments are required; and
WHEREAS, on March 12, 2024, the City Council directed staff to review the City' s Conflict of Interest Code; and
WHEREAS, the City has determined that due to changes in City employee positions and titles, the City' s Conflict of Interest Code requires revision; and WHEREAS, on July 23, 2024, the City Council received and filed the 2024 Local Agency Biennial Notice and directed staff to promulgate the necessary amendments to the City' s Conflict of Interest Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:
SECTION 1. The City Council adopts by reference the model conflict of interest code promulgated by the Fair Political Practices Commission as set forth in Section 18730 of the Title 2 of the California Code of Regulations, which, together with the City' s List of Designated Positions and Disclosure Categories, collectively constitute the City ofOrange Conflict of Interest Code. A copy of said Code is attached hereto as Exhibit A and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours.
SECTION 2. The amended Conflict of Interest Code shall become effective at the time of the adoption and approval of this Resolution.
SECTION 3. Any prior Resolution adopting a Conflict of Interest Code for the City of Orange, including Resolution No. 11415, is hereby rescinded upon the effective date of this Resolution.
554
ADOPTED this 25th day of June 2024.
Z; /. 0s, t QP, e,Zee
el R. Slater, Mayor, City of Orange
ATTEST:
ela Co man, City Clerk, C of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
Attachment: Exhibit A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
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 ofthe City of Orange at a regular meeting thereof held on the 25th day of June 2024, by the following vote:
AYES: COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
la oleman, City Clerk, City f range
Resolution No. 11558 2
555
CONFLICT OF INTEREST CODE OF THE
CITY OF ORANGE
The Political Reform Act ( Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency' s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Orange (" City").
All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City' s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by officials listed in Government Code Section 87200, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours ( Gov. Code § 81008). 556
APPENDIX
DESIGNATION OF POSITIONS AND
ESTABLISHMENT OF DISCLOSURE CATEGORIES
PART A
DESIGNATED POSITIONS
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 California Code of Regulations § 18700. 3( b), are NOT subject to the City' s Code, but must file disclosure statements under Government Code Section 87200 et seq. [ Regs. § 18730( b)( 3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are other City Officials who manage public investments.' These positions are listed here for informational purposes only.
Administrative Services Director
Assistant City Manager
Assistant Finance Director
Finance Director
1 Individuals holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by 87200.
557
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
City Attorney
Assistant City Attorney I 1, 2, 3, 4
Assistant City Attorney I I 1, 2, 3, 4
Risk Manager 1, 2, 3, 4
Senior Assistant City Attorney 1, 2, 3, 4
City Clerk
City Clerk 1, 2, 3, 4
Director of City Clerk Services 1, 2, 3, 4
Deputy City Clerk 1, 2, 3, 4
City Manager
Assistant City Manager 1, 2, 3, 4
Assistant to the City Manager 1, 2, 3, 4
Deputy City Manager 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 4
Emergency Manager 1, 2, 3, 4
Senior Economic Development Project Manager 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Senior Assistant to the City Manager 1, 2, 3, 4
Public Information Officer
Community Development
Administrative Analyst I & II 1, 2, 3, 4
Assistant Community Development Director 1, 2, 3, 4
Building Inspection Supervisor 1, 2, 3, 4
Building and Safety Manager 1, 2, 3, 4
Code Compliance Officer 1, 2, 3, 4
Code Compliance Supervisor 1, 2, 3, 4
Combo Building Inspector 1, 2, 3, 4
Community Development Director 1, 2, 3, 4
Environmental Compliance Specialist 2, 3, 4
IT Project Manager 2, 3, 4
Planning Manager 1, 2, 3, 4
Principal Planner 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Senior Code Compliance Officer 1, 2, 3, 4
Senior Combo Building Inspector 1, 2, 3, 4
Senior Housing Manager 1, 2, 3, 4
Senior Plan Check Engineer 1, 2, 3, 4
Senior Planner 1, 2, 3, 4
Community Services
Administrative Analyst II 1, 2, 3, 4
Administrative Manager 1, 2, 3, 4
Assistant Director 1, 2, 3, 4
Community Services Director 1, 2, 3, 4
Parks and Facilities Manager 1, 2, 3, 4
Recreation Services Manager 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
558
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Finance
Accounting Manager 1, 2, 3, 4
Assistant Finance Director 1, 2, 3, 4
Budget Manager 1, 2, 3, 4
Finance Director 1, 2, 3, 4
Finance Manager 1, 2, 3, 4
Purchasing Officer 1, 2, 3, 4
Senior Buyer 1, 2, 3, 4
Fire
Battalion Chief 1, 2, 3, 4
Deputy Chief 1, 2, 3, 4
EMS Manager 1, 2, 3, 4
Fire Chief 1, 2, 3, 4
Staff Captain 1, 2, 3, 4
Information Technology
Manager 1, 2, 3, 4
IT Project Manager 1, 2, 3, 4
Library
Assistant Library Services Director 1, 2, 3, 4
Library Manager I & II 1, 2, 3, 4
Library Services Director 1, 2, 3, 4
Library Tech/ Support Services Manager 1, 2, 3, 4
Senior Library Manager 1, 2, 3, 4
Human Resources
Assistant Human Resources Director 1, 2, 3, 4
Human Resources Director 1, 2, 3, 4
Human Resources Manager 1, 2, 3, 4
Senior Human Resources Analyst 1, 2, 3, 4
Police
Administrative Analyst I & II 1, 2, 3, 4
Captain 1, 2, 3, 4
Lieutenant 1, 2, 3, 4
Police Chief 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Public Works
Administrative Manager 1, 2, 3, 4
Assistant Field Services Manager 1, 2, 3, 4
Assistant Public Works Director 1, 2, 3, 4
Assistant Water Manager 1, 2, 3, 4
City Traffic Engineer 1, 2, 3, 4
Construction Inspection Supervisor 3, 4
Construction Inspector I & II 3, 4
Contract Administrator 1, 2, 3, 4
Deputy Public Works Director 1, 2, 3, 4
Environmental Program Manager 1, 2, 3, 4
Environmental Scientist 2, 3, 4
Equipment Maintenance Superintendent 2, 3, 4
559
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Field Services Manager 1, 2, 3, 4
Principal Civil Engineer 3, 4
Public Works Director 1, 2, 3, 4
Public Works Administrator 1, 2, 3, 4
Senior Civil Engineer 3, 4
Traffic Operations Superintendent 1, 2, 3, 4
Water Manager 1, 2, 3, 4
Orange City Public Facilities Financing Authority
Member 1, 2, 3, 4
Members of Boards, Commissions, and Committees
Audit Advisory Committee 1, 2, 3, 4
Community Development Block Grant Program Committee 1, 2, 3, 4 Design Review Committee 1, 2, 3, 4
Investment Advisory Committee 1, 2, 3, 4
Orange Public Library Board of Trustees' 1, 2, 3, 4
Park Planning & Community Events Commission 1, 2, 3, 4
Santiago Creek Commission 1, 2, 3, 4
Traffic Commission 1, 2, 3, 4
All interests in real property as set forth in Category 1, but only investments, sources of income and business positions which may provide services or materials of the type utilized by the library.
Consultants and New Positions'
Consultants shall be included in the list of designated employees and shall 1, 2, 3, 4 disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a " designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant' s duties and, based upon that description, a statement of the extent of disclosure requirements.
The City Manager' s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. The disclosure requirements for new positions shall be categorized by the City Manager based on the duties of the position.
560
PART B
DISCLOSURE CATEGORIES
Disclosure categories pertain to investments, real property, business positions and sources of income, including loans, gifts, and travel payments from sources located in or doing business within the jurisdiction of the City of Orange (City).
Category 1
Interests in real property within the boundaries of the City or within two miles of the boundaries of the Cityin which the designated employee, spouse and dependent children have an aggregate interest of $ 1, 000 or more in value. It includes interests in real property held by a business entity or trust in which the employee, spouse and dependent children have an aggregate interest of 10% or more.
Category 2
Investments held by the designated employee, spouse and dependent children, with an aggregate value of more than $ 1, 000, in business entities having real property in the City or doing business, planning to do business, or having done business in the City within the past two years. It includes investments held by a business entity or trust in which the filer, spouse and dependent children have an aggregate interest of 10% or greater.
Category 3
Income ( including loans) aggregating $ 250 or more if the source is located within or doing business within the City. It includes gifts aggregating $ 50 or more whether or not the source ( donor) is in the City. It includes sources of income to the designated employee, to the designated employee's community property interest in the income of a spouse, and to the employee' s pro rata share of any income of a trust in which the employee, spouse or dependent children have individually or collectively an aggregate interest of 10% or greater.
Category 4
Employment and management positions in business entities. 561
Agenda Item
Orange City Council
Item #: 3.24. 4/28/2026 File #: 26-0189
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorize the execution of the Master Lease-Purchase Agreement for the acquisition and financing of a Pierce Enforcer Urban Search and Rescue Apparatus
2. SUMMARY
Adoption of Resolution No. 11661 authorizes the execution of the Master Lease-Purchase Agreement in a principal amount not to exceed $1,931,606.50 for the acquisition of a Pierce Enforcer Urban Search and Rescue Apparatus, in support of the city’s operational needs and functions from South Coast Fire Equipment with PNC Bank.
3. RECOMMENDED ACTION
Adopt Resolution No. 11661. A Resolution of the City Council of the City of Orange approving the execution and delivery of a master lease-purchase agreement with PNC Bank, National Association, for the acquisition and financing of a Pierce Enforcer Urban Search and Rescue Apparatus and authorizing related actions.
4. FISCAL IMPACT
The expense for this agreement is $1,931,606.50 and will be funded through Vehicle Replacement (720):
720-5401-80301- Vehicle Replacement
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability
6. DISCUSSION AND BACKGROUND
On January 13, 2026, the City Council authorized the city to enter into a Master Lease-Purchase Agreement with PNC Bank, National Association. The agreement finances the acquisition of a Pierce Enforcer Urban Search and Rescue Apparatus over a five-year period, with a principal amount not to exceed $1,931,606.50.
This action formalizes the financing previously approved by City Council, with annual lease-purchase payments to be appropriated through the annual budget process.
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Item #: 3.24. 4/28/2026 File #: 26-0189
7. ATTACHMENTS
· Resolution No. 11661
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Agenda Item
Orange City Council
Item #: 3.24. 4/28/2026 File #: 26-0189
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorize the execution of the Master Lease-Purchase Agreement for the acquisition and financing of a Pierce Enforcer Urban Search and Rescue Apparatus
2. SUMMARY
Adoption of Resolution No. 11661 authorizes the execution of the Master Lease-Purchase Agreement in a principal amount not to exceed $1,931,606.50 for the acquisition of a Pierce Enforcer Urban Search and Rescue Apparatus, in support of the city’s operational needs and functions from South Coast Fire Equipment with PNC Bank.
3. RECOMMENDED ACTION
Adopt Resolution No. 11661. A Resolution of the City Council of the City of Orange approving the execution and delivery of a master lease-purchase agreement with PNC Bank, National Association, for the acquisition and financing of a Pierce Enforcer Urban Search and Rescue Apparatus and authorizing related actions.
4. FISCAL IMPACT
The expense for this agreement is $1,931,606.50 and will be funded through Vehicle Replacement (720):
720-5401-80301- Vehicle Replacement
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability
6. DISCUSSION AND BACKGROUND
On January 13, 2026, the City Council authorized the city to enter into a Master Lease-Purchase Agreement with PNC Bank, National Association. The agreement finances the acquisition of a Pierce Enforcer Urban Search and Rescue Apparatus over a five-year period, with a principal amount not to exceed $1,931,606.50.
This action formalizes the financing previously approved by City Council, with annual lease-purchase payments to be appropriated through the annual budget process.
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Item #: 3.24. 4/28/2026 File #: 26-0189
7. ATTACHMENTS
· Resolution No. 11661
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RESOLUTION NO. 11661
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING THE
EXECUTION AND DELIVERY OF A MASTER
LEASE-PURCHASE AGREEMENT WITH PNC
BANK, NATIONAL ASSOCIATION, FOR THE
ACQUISITION AND FINANCING OF A
PIERCE ENFORCER URBAN SEARCH AND
RESCUE APPARATUS AND AUTHORIZING
RELATED ACTIONS.
Principal Amount Expected To Be Financed: $1,931,606.50 WHEREAS the City of Orange (“City”) is a general law city and municipal corporation of the State of California, duly organized and existing pursuant to the Constitution and laws of the State of California; and
WHEREAS pursuant to applicable law, the City Council of the City (“City Council”) is authorized to acquire, dispose of, and encumber real and personal property, including, without limitation, rights and interests in property, leases, and easements necessary to the functions or operations of the City; and
WHEREAS the City Council hereby finds and determines that the execution of one or more Master Lease-Purchase Agreements and related schedules and addendums (collectively, the “Leases”) for a Pierce Enforcer Urban Search and Rescue Apparatus for the City of Orange Fire Department in the principal amount not exceeding the amount stated above for the purpose of acquiring the property (“Equipment”) to be described in the Leases is appropriate and necessary to the functions and operations of the City, including the provision of fire and emergency response services; and
WHEREAS, PNC Bank, National Association (“Lessor”) shall act as Lessor under said Leases; and
WHEREAS, the City Council previously approved the acquisition of the equipment and related financing on January 13, 2026, including approval of the purchase through the HGACBUY cooperative purchasing program and authorization to execute related financing documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:
Section 1. City Manager, Mayor, or a designee (each an “Authorized Representative”), is hereby authorized to execute and deliver, one behalf of the City, one or more Leases, consistent with the terms approved by the City Council on January 13, 2026. 566
2 Each Authorized Representative is further authorized to execute such certificates, agreements, and related documents and take such actions as necessary to implement the Leases and leasepurchase financing approved by the City Council.
Any related agreements that materially alter the City’s financial obligations shall require City Council approval.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the City to execute and deliver agreements and documents relating to the Leases on behalf of the City.
Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated above and shall bear interest as set forth in the Leases and the Leases shall contain such options to purchase by the City as set forth therein, subject to appropriation and compliance with applicable California law and consistent with the terms approved by the City Council.
Section 4. The City’s obligations under the Leases shall be subject to annual appropriation by the City Council as set forth in each Lease and the City’s obligations under the Leases shall not constitute general obligations of the City or indebtedness under the Constitution or laws of the State of California.
Section 5. As to each Lease, the City reasonably anticipates to issue not more than $10,000,000 of tax-exempt obligations (other than “private activity bonds” which are not “qualified 501(c)(3) bonds”) during the current calendar year in which each such Lease is issued and hereby designates each Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Orange hereby approves the master lease-purchase financing with PNC Bank, National Association, and authorizes the execution of related documents consistent with this Resolution.
ADOPTED this ____ day of ____________________, 2026
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
567
3 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 _______ day of , 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
568
Agenda Item
Orange City Council
Item #: 3.25. 4/28/2026 File #: 26-0159
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Monica Espinoza, Human Resources Director
1. SUBJECT
Letters of Understanding between the City of Orange and the International Brotherhood of Electrical Workers Local 47 representing the Maintenance & Crafts and Water Division employees
2. SUMMARY
Resolution No. 11663 establishes a Letter of Understanding between the City of Orange and the International Brotherhood of Electrical Workers Local 47 - Water Division employees effective July 1, 2025 through and including June 30, 2027
Resolution No. 11664 establishes a Letter of Understanding between the City of Orange and the International Brotherhood of Electrical Workers Local 47- Maintenance & Crafts employees effective July 1, 2025 through and including June 30, 2027.
3. RECOMMENDED ACTION
1. Adopt Resolution No. 11663. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the International Brotherhood of Electrical Workers IBEW Local 47 Water Union effective July 1, 2025 through and including June 30, 2027.
2. Adopt Resolution No. 11664. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the International Brotherhood of Electrical Workers IBEW Local 47 Maintenance and Crafts Union effective July 1, 2025 through and including June 30, 2027.
4. FISCAL IMPACT
Maintenance & Crafts: The total cost for FY26 is $99,800 of which $68,900 is General Fund. The total cost for FY27 is $142,800 of which $98,500 is General Fund.
Water: The total cost for FY26 is $46,700. The total cost for FY27 is $74,200.
These adjustments are included in the FY27 budget.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 4: Improve Employee Retention and Recruitment
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6. DISCUSSION AND BACKGROUND
In March 2025, the City began the collective bargaining process with the International Brotherhood of Electrical Workers (IBEW) Local 47, hereinafter collectively referred to as “Union”, which represents Maintenance & Crafts and Water Division employees within the Public Works and Community Services Departments. The contract between the parties expired on June 30, 2025.
The parties continued negotiating for a successor Memorandum of Understanding (MOU), exchanging six (6) proposals through September 5, 2025. On October 23, 2025, IBEW Local 47 declared impasse and requested the appointment of a mediator. On November 10, 2025, a mediator confirmed a mediation session scheduled for December 15, 2025; however, IBEW Local 47 canceled the meeting due to a scheduling conflict. Mediation was subsequently rescheduled for January 27-28, 2026. Over the course of these two (2) days, the parties explored mediator proposals but were unable to reach agreement.
On February 2, 2026, IBEW Local 47 submitted two (2) requests for fact-finding to the Public Employment Relations Board (PERB) pursuant to Section 3505.4 of the Meyers-Milias-Brown Act and PERB Regulation 32802. PERB reviewed the requests and ultimately denied them due to the Union’s failure to file within the required 45-day window. As a result, the City was not obligated to participate in the fact-finding process.
On February 13, 2026, the City received formal notification from IBEW Local 47’s legal counsel of the Union’s intent to strike effective March 1, 2026. This resulted in a two-week strike during which employees were without pay and may have incurred out-of-pocket medical expenses, depending on their selected health plan(s).
As the City continues to face significant fiscal constraints, it is unable to accommodate the salary inequity adjustments as requested by IBEW Local 47. Instead, the City offered the same cost-ofliving adjustments to IBEW Local 47 that had been provided to all non-safety miscellaneous labor groups in 2025 and all labor groups in 2026: a 2.0% increase effective June 29, 2025, and a 3.0% increase effective June 28, 2026.
At its March 10, 2026, meeting, the City Council approved retroactive pay effective June 29, 2025, consistent with the compensation package previously presented to the Union as the City’s fifth (5th) proposal. This action was taken in good faith to help resolve the labor dispute and encourage employees to return to work. IBEW Local 47 presented the City’s final communication to its membership, and the agreement was ratified on Friday, March 13, 2026, officially ending the strike.
While the City maintained the same compensation adjustment, other elements of the two-year agreement include:
IBEW Maintenance & Crafts IBEW Water
Term July 1, 2025 - June 30, 2027 July 1, 2025 - June 30, 2027 Salary Effective June 29, 2025 2.0%
across-the-board; Effective
June 28, 2026 3.0% cost of
living adjustment. Annual
Salary Tables are attached as
Appendix A in the LOU.
Effective June 29, 2025 2.0%
cost of living adjustment;
Effective June 28, 2026 3.0%
cost of living adjustment.
Annual Salary Tables are
attached as Appendix A in the
LOU.
Medical Increase $100.00 per month
for family tier from $2,095 to
$2,195 per month effective
May 31, 2026.
Increase $100.00 per month
for family tier from $2,095 to
$2,195 per month effective
May 31, 2026.
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Item #: 3.25. 4/28/2026 File #: 26-0159
June 28, 2026 3.0% cost of
living adjustment. Annual
Salary Tables are attached as
Appendix A in the LOU.
Effective June 28, 2026 3.0%
cost of living adjustment.
Annual Salary Tables are
attached as Appendix A in the
LOU.
Medical Increase $100.00 per month
for family tier from $2,095 to
$2,195 per month effective
May 31, 2026.
Increase $100.00 per month
for family tier from $2,095 to
$2,195 per month effective
May 31, 2026.
Floating Holiday Reinstate 9-hour floating
holiday effective January 1,
2026.
Reinstate 9-hour floating
holiday effective January 1,
2026.
Uniforms Add “Facilities” to list of
division employees eligible for
this existing benefit.
Not applicable
Probationary Employee
Vacation Use
Probationary employees
accrue vacation but may not
use vacation until six (6)
months of benefited active
City service is complete.
Probationary employees
accrue vacation but may not
use vacation until six (6)
months of benefited active
City service is complete.
Educational
Assistance/Professional
Development
Allow for existing $750.00
benefit to be interchangeably
used. Employees must still be
employed by City when
course is complete to qualify
for reimbursement.
Employees with a future
separation date on file are
ineligible for this benefit.
Allow for existing $600.00
benefit to be interchangeably
used. Employees must still be
employed by City when
course is complete to qualify
for reimbursement.
Employees with a future
separation date on file are
ineligible for this benefit.
No Furlough or Layoff During the term of this
Agreement, the City shall not
impose furloughs, reductions
in hours, or layoffs. This
provision shall sunset on
June 30, 2027.
During the term of this
Agreement, the City shall not
impose furloughs, reductions
in hours, or layoffs. This
provision shall sunset on June
30, 2027.
Vacation Conversion An employee may convert up
to fifty percent (50%) of their
current annual vacation
accrual into cash in lieu of
time off with pay on an annual
basis. An employee
requesting such a conversion
may convert twice in a fiscal
year, however, the total
amount converted per fiscal
year shall not exceed fifty
percent (50%) of the
employee’s annual accrual.
Employees serving their initial
hire probationary period shall
not be eligible for vacation
conversion. On or before
December 15, 2026, and
every December 15th
An employee may convert up
to fifty percent (50%) of their
current annual vacation
accrual into cash in lieu of
time off with pay on an annual
basis. An employee
requesting such a conversion
may convert twice in a fiscal
year, however, the total
amount converted per fiscal
year shall not exceed fifty
percent (50%) of the
employee’s annual accrual.
Employees serving their initial
hire probationary period shall
not be eligible for vacation
conversion. On or before
December 15, 2026, and
every December 15th
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Agreement, the City shall not
impose furloughs, reductions
in hours, or layoffs. This
provision shall sunset on
June 30, 2027.
Agreement, the City shall not
impose furloughs, reductions
in hours, or layoffs. This
provision shall sunset on June
30, 2027.
Vacation Conversion An employee may convert up
to fifty percent (50%) of their
current annual vacation
accrual into cash in lieu of
time off with pay on an annual
basis. An employee
requesting such a conversion
may convert twice in a fiscal
year, however, the total
amount converted per fiscal
year shall not exceed fifty
percent (50%) of the
employee’s annual accrual.
Employees serving their initial
hire probationary period shall
not be eligible for vacation
conversion. On or before
December 15, 2026, and
every December 15th
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
2027 and every June and
December thereafter. The
City shall make the cash outs
in the second paycheck in
June and December. Such
cash outs shall be paid at the
employee’s net rate of pay.
An employee may convert up
to fifty percent (50%) of their
current annual vacation
accrual into cash in lieu of
time off with pay on an annual
basis. An employee
requesting such a conversion
may convert twice in a fiscal
year, however, the total
amount converted per fiscal
year shall not exceed fifty
percent (50%) of the
employee’s annual accrual.
Employees serving their initial
hire probationary period shall
not be eligible for vacation
conversion. On or before
December 15, 2026, and
every December 15th
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 2027 and
every June and December
thereafter. The City shall
make the cash outs in the
second paycheck in June and
December. Such cash outs
shall be paid at the
employee’s net rate of pay.
On-site Training Allow 60-90 minutes of onsite training related to the IBEW Code of Excellence,
with City management staff.
Allow 60-90 minutes of on-site
training related to the IBEW
Code of Excellence, with City
management staff.
Union Release Time
Tracking
Up to four (4) Union
employees may be granted
release time for Union
business not to exceed 150
hours per fiscal year
collectively. All Union release
time must be fully
documented on employee
timesheets.
Up to four (4) Union
employees may be granted
release time for Union
business not to exceed one
hundred fifty 150 hours per
fiscal year collectively. All
Union release time must be
fully documented on employee
timesheets.
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employee’s net rate of pay.employee’s net rate of pay.
On-site Training Allow 60-90 minutes of onsite training related to the IBEW Code of Excellence,
with City management staff.
Allow 60-90 minutes of on-site
training related to the IBEW
Code of Excellence, with City
management staff.
Union Release Time
Tracking
Up to four (4) Union
employees may be granted
release time for Union
business not to exceed 150
hours per fiscal year
collectively. All Union release
time must be fully
documented on employee
timesheets.
Up to four (4) Union
employees may be granted
release time for Union
business not to exceed one
hundred fifty 150 hours per
fiscal year collectively. All
Union release time must be
fully documented on employee
timesheets.
Language Clean Up The City will be presenting a
future redline MOU that
updates provisions within
MOU to provide greater clarity
on existing practices and
regulatory compliance,
ensuring adherence with
current laws. All Association
references to be changed to
International Brotherhood of
Electrical Workers (IBEW)
Local 47 or Union.
The City will be presenting a
future redline MOU that
updates provisions within
MOU to provide greater clarity
on existing practices and
regulatory compliance,
ensuring adherence with
current laws.
7. ATTACHMENTS
· Resolution No. 11663
· Resolution No. 11664
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Agenda Item
Orange City Council
Item #: 3.25. 4/28/2026 File #: 26-0159
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Monica Espinoza, Human Resources Director
1. SUBJECT
Letters of Understanding between the City of Orange and the International Brotherhood of Electrical Workers Local 47 representing the Maintenance & Crafts and Water Division employees
2. SUMMARY
Resolution No. 11663 establishes a Letter of Understanding between the City of Orange and the International Brotherhood of Electrical Workers Local 47 - Water Division employees effective July 1, 2025 through and including June 30, 2027
Resolution No. 11664 establishes a Letter of Understanding between the City of Orange and the International Brotherhood of Electrical Workers Local 47- Maintenance & Crafts employees effective July 1, 2025 through and including June 30, 2027.
3. RECOMMENDED ACTION
1. Adopt Resolution No. 11663. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the International Brotherhood of Electrical Workers IBEW Local 47 Water Union effective July 1, 2025 through and including June 30, 2027.
2. Adopt Resolution No. 11664. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the International Brotherhood of Electrical Workers IBEW Local 47 Maintenance and Crafts Union effective July 1, 2025 through and including June 30, 2027.
4. FISCAL IMPACT
Maintenance & Crafts: The total cost for FY26 is $99,800 of which $68,900 is General Fund. The total cost for FY27 is $142,800 of which $98,500 is General Fund.
Water: The total cost for FY26 is $46,700. The total cost for FY27 is $74,200.
These adjustments are included in the FY27 budget.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 4: Improve Employee Retention and Recruitment
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6. DISCUSSION AND BACKGROUND
In March 2025, the City began the collective bargaining process with the International Brotherhood of Electrical Workers (IBEW) Local 47, hereinafter collectively referred to as “Union”, which represents Maintenance & Crafts and Water Division employees within the Public Works and Community Services Departments. The contract between the parties expired on June 30, 2025.
The parties continued negotiating for a successor Memorandum of Understanding (MOU), exchanging six (6) proposals through September 5, 2025. On October 23, 2025, IBEW Local 47 declared impasse and requested the appointment of a mediator. On November 10, 2025, a mediator confirmed a mediation session scheduled for December 15, 2025; however, IBEW Local 47 canceled the meeting due to a scheduling conflict. Mediation was subsequently rescheduled for January 27-28, 2026. Over the course of these two (2) days, the parties explored mediator proposals but were unable to reach agreement.
On February 2, 2026, IBEW Local 47 submitted two (2) requests for fact-finding to the Public Employment Relations Board (PERB) pursuant to Section 3505.4 of the Meyers-Milias-Brown Act and PERB Regulation 32802. PERB reviewed the requests and ultimately denied them due to the Union’s failure to file within the required 45-day window. As a result, the City was not obligated to participate in the fact-finding process.
On February 13, 2026, the City received formal notification from IBEW Local 47’s legal counsel of the Union’s intent to strike effective March 1, 2026. This resulted in a two-week strike during which employees were without pay and may have incurred out-of-pocket medical expenses, depending on their selected health plan(s).
As the City continues to face significant fiscal constraints, it is unable to accommodate the salary inequity adjustments as requested by IBEW Local 47. Instead, the City offered the same cost-ofliving adjustments to IBEW Local 47 that had been provided to all non-safety miscellaneous labor groups in 2025 and all labor groups in 2026: a 2.0% increase effective June 29, 2025, and a 3.0% increase effective June 28, 2026.
At its March 10, 2026, meeting, the City Council approved retroactive pay effective June 29, 2025, consistent with the compensation package previously presented to the Union as the City’s fifth (5th) proposal. This action was taken in good faith to help resolve the labor dispute and encourage employees to return to work. IBEW Local 47 presented the City’s final communication to its membership, and the agreement was ratified on Friday, March 13, 2026, officially ending the strike.
While the City maintained the same compensation adjustment, other elements of the two-year agreement include:
IBEW Maintenance & Crafts IBEW Water
Term July 1, 2025 - June 30, 2027 July 1, 2025 - June 30, 2027 Salary Effective June 29, 2025 2.0%
across-the-board; Effective
June 28, 2026 3.0% cost of
living adjustment. Annual
Salary Tables are attached as
Appendix A in the LOU.
Effective June 29, 2025 2.0%
cost of living adjustment;
Effective June 28, 2026 3.0%
cost of living adjustment.
Annual Salary Tables are
attached as Appendix A in the
LOU.
Medical Increase $100.00 per month
for family tier from $2,095 to
$2,195 per month effective
May 31, 2026.
Increase $100.00 per month
for family tier from $2,095 to
$2,195 per month effective
May 31, 2026.
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June 28, 2026 3.0% cost of
living adjustment. Annual
Salary Tables are attached as
Appendix A in the LOU.
Effective June 28, 2026 3.0%
cost of living adjustment.
Annual Salary Tables are
attached as Appendix A in the
LOU.
Medical Increase $100.00 per month
for family tier from $2,095 to
$2,195 per month effective
May 31, 2026.
Increase $100.00 per month
for family tier from $2,095 to
$2,195 per month effective
May 31, 2026.
Floating Holiday Reinstate 9-hour floating
holiday effective January 1,
2026.
Reinstate 9-hour floating
holiday effective January 1,
2026.
Uniforms Add “Facilities” to list of
division employees eligible for
this existing benefit.
Not applicable
Probationary Employee
Vacation Use
Probationary employees
accrue vacation but may not
use vacation until six (6)
months of benefited active
City service is complete.
Probationary employees
accrue vacation but may not
use vacation until six (6)
months of benefited active
City service is complete.
Educational
Assistance/Professional
Development
Allow for existing $750.00
benefit to be interchangeably
used. Employees must still be
employed by City when
course is complete to qualify
for reimbursement.
Employees with a future
separation date on file are
ineligible for this benefit.
Allow for existing $600.00
benefit to be interchangeably
used. Employees must still be
employed by City when
course is complete to qualify
for reimbursement.
Employees with a future
separation date on file are
ineligible for this benefit.
No Furlough or Layoff During the term of this
Agreement, the City shall not
impose furloughs, reductions
in hours, or layoffs. This
provision shall sunset on
June 30, 2027.
During the term of this
Agreement, the City shall not
impose furloughs, reductions
in hours, or layoffs. This
provision shall sunset on June
30, 2027.
Vacation Conversion An employee may convert up
to fifty percent (50%) of their
current annual vacation
accrual into cash in lieu of
time off with pay on an annual
basis. An employee
requesting such a conversion
may convert twice in a fiscal
year, however, the total
amount converted per fiscal
year shall not exceed fifty
percent (50%) of the
employee’s annual accrual.
Employees serving their initial
hire probationary period shall
not be eligible for vacation
conversion. On or before
December 15, 2026, and
every December 15th
An employee may convert up
to fifty percent (50%) of their
current annual vacation
accrual into cash in lieu of
time off with pay on an annual
basis. An employee
requesting such a conversion
may convert twice in a fiscal
year, however, the total
amount converted per fiscal
year shall not exceed fifty
percent (50%) of the
employee’s annual accrual.
Employees serving their initial
hire probationary period shall
not be eligible for vacation
conversion. On or before
December 15, 2026, and
every December 15th
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Agreement, the City shall not
impose furloughs, reductions
in hours, or layoffs. This
provision shall sunset on
June 30, 2027.
Agreement, the City shall not
impose furloughs, reductions
in hours, or layoffs. This
provision shall sunset on June
30, 2027.
Vacation Conversion An employee may convert up
to fifty percent (50%) of their
current annual vacation
accrual into cash in lieu of
time off with pay on an annual
basis. An employee
requesting such a conversion
may convert twice in a fiscal
year, however, the total
amount converted per fiscal
year shall not exceed fifty
percent (50%) of the
employee’s annual accrual.
Employees serving their initial
hire probationary period shall
not be eligible for vacation
conversion. On or before
December 15, 2026, and
every December 15th
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
2027 and every June and
December thereafter. The
City shall make the cash outs
in the second paycheck in
June and December. Such
cash outs shall be paid at the
employee’s net rate of pay.
An employee may convert up
to fifty percent (50%) of their
current annual vacation
accrual into cash in lieu of
time off with pay on an annual
basis. An employee
requesting such a conversion
may convert twice in a fiscal
year, however, the total
amount converted per fiscal
year shall not exceed fifty
percent (50%) of the
employee’s annual accrual.
Employees serving their initial
hire probationary period shall
not be eligible for vacation
conversion. On or before
December 15, 2026, and
every December 15th
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 2027 and
every June and December
thereafter. The City shall
make the cash outs in the
second paycheck in June and
December. Such cash outs
shall be paid at the
employee’s net rate of pay.
On-site Training Allow 60-90 minutes of onsite training related to the IBEW Code of Excellence,
with City management staff.
Allow 60-90 minutes of on-site
training related to the IBEW
Code of Excellence, with City
management staff.
Union Release Time
Tracking
Up to four (4) Union
employees may be granted
release time for Union
business not to exceed 150
hours per fiscal year
collectively. All Union release
time must be fully
documented on employee
timesheets.
Up to four (4) Union
employees may be granted
release time for Union
business not to exceed one
hundred fifty 150 hours per
fiscal year collectively. All
Union release time must be
fully documented on employee
timesheets.
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employee’s net rate of pay.employee’s net rate of pay.
On-site Training Allow 60-90 minutes of onsite training related to the IBEW Code of Excellence,
with City management staff.
Allow 60-90 minutes of on-site
training related to the IBEW
Code of Excellence, with City
management staff.
Union Release Time
Tracking
Up to four (4) Union
employees may be granted
release time for Union
business not to exceed 150
hours per fiscal year
collectively. All Union release
time must be fully
documented on employee
timesheets.
Up to four (4) Union
employees may be granted
release time for Union
business not to exceed one
hundred fifty 150 hours per
fiscal year collectively. All
Union release time must be
fully documented on employee
timesheets.
Language Clean Up The City will be presenting a
future redline MOU that
updates provisions within
MOU to provide greater clarity
on existing practices and
regulatory compliance,
ensuring adherence with
current laws. All Association
references to be changed to
International Brotherhood of
Electrical Workers (IBEW)
Local 47 or Union.
The City will be presenting a
future redline MOU that
updates provisions within
MOU to provide greater clarity
on existing practices and
regulatory compliance,
ensuring adherence with
current laws.
7. ATTACHMENTS
· Resolution No. 11663
· Resolution No. 11664
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RESOLUTION NO. 11663
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ESTABLISHING A
LETTER OF UNDERSTANDING BETWEEN THE
CITY OF ORANGE AND THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS
IBEW LOCAL 47 WATER UNION EFFECTIVE
JULY 1, 2025 THROUGH AND INCLUDING JUNE
30, 2027
WHEREAS, the City of Orange, hereinafter referred to as "City", and the International Brotherhood of Electrical Workers IBEW (IBEW) Local 47 Water bargaining unit, hereinafter referred to as “Union”, collectively the “Parties”, have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective July 1, 2025 through and including June 30, 2027 and the City Council desires to enter into a Letter of Understanding (LOU) setting forth specified terms and conditions of employment for the Union’s covered employees for the period of July 1, 2025 through and including June 30, 2027; and
WHEREAS, the Parties agree to incorporate the provisions of this LOU into a new Memorandum of Understanding (MOU) at a future date in 2027, and until then all specified terms and conditions of employment in Resolution No. 11513 remain operative; 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 pensionreportable, pursuant to California Public Employees’ Retirement System law; and WHEREAS, the City Council has consulted with the City Manager and Human Resources Director concerning the proposed employment terms contained in the attached LOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached LOU is approved and incorporated by reference as Exhibit A as though fully set forth herein and furthermore authorizes staff to adjust the departmental salary and benefit accounts in the FY26 and FY27 budget to reflect the cost of the contract provisions.
ADOPTED this day of , 2026
Daniel R. Slater, Mayor, City of Orange
579
2 ATTEST:
Pamela Coleman, City Clerk, City of Orange
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 day of , 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
580
1 EXHIBIT A
A LETTER OF UNDERSTANDING
ENTERED INTO BY AND BETWEEN THE CITY OF ORANGE AND
THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS IBEW LOCAL 47 WATER UNION EFFECTIVE JULY 1, 2025 THROUGH AND INCLUDING JUNE 30, 2027
This Letter of Understanding (LOU) is entered into by and between the City of Orange (the City) and the International Brotherhood of Electrical Workers IBEW Local 47 Water (Union), collectively the “Parties”. The LOU contains agreed upon terms and conditions of employment of the Union, including salary and benefit adjustments, for the period of July 1, 2025, through and including June 30, 2027.
The Parties have agreed to the following terms:
Term of Agreement
July 1, 2025 through and including June 30, 2027
Salary Increases
An across-the-board increase of two percent (2.0%) with retroactivity to June 29, 2025, and a three percent (3.0%) cost of living adjustment effective June 28, 2026 for all covered classifications as incorporated in Appendix A.
Medical
Amend Article XVI Section 1(A) by providing a $100.00 per month increase towards the family tier amount (from $2,095.00 to $2,195.00) effective May 31, 2026.
Holiday
Amend Article XI Section 1 to add the following: Nine (9) hours of floating holiday.
Amend Article XI to add a new Section 2:
SECTION 2. FLOATING HOLIDAY. Nine (9) hours of floating holiday will accrue on January 1st of each year. Employees hired after January 1st of each year shall receive a prorated portion of the nine (9) hours. All floating holiday hours must be utilized by December 31st of the year in which they were accrued. Unused floating holiday hours shall be forfeited.
Floating holiday hours shall be taken at the convenience of the City with approval of the Department Head. Probationary employees accrue, and are eligible to use, floating holiday and holiday hours according to the guidelines established in this Article, and/or, with approval of the Human Resources Director.
581
2 Upon separation from the City, any remaining portion of an employee’s floating holiday hours shall be cashed out.
Probationary Employee Vacation Use
Amend Article XII Section 2 to allow probationary employees to use vacation accruals after completion of six (6) months of benefited active City service.
Educational Assistance/Professional Development
Amend Article XVII Section 3 to be “Educational Assistance/Professional Development.” Educational Assistance and Professional Development payments to an employee shall not exceed $600.00 in any one (1) fiscal year and the employee must still be employed by the City when the course is completed to qualify for reimbursement. Purchases must be approved in advance by the Department Head and the Human Resources Director prior to registration. Employees with a future separation date on file are ineligible for this benefit.
No Furlough or No Layoffs
During the term of this agreement, the City shall not impose furloughs, reductions in work hours, or layoffs on any IBEW Water-represented employees. This provision shall sunset on June 30, 2027 and will no longer be applicable after this date.
Vacation Conversion
Modify vacation conversion provision pursuant to the Internal Revenue Code 451 (Constructive Receipt) which will change the mechanism to cash out vacation hours as follows:
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 2 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, 2026, and every December 15th 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 2027 and every June and December thereafter. The City shall make the cash outs in the second paycheck in June and December. Such cash outs shall be paid at the employee’s net salary hourly rate of pay.
On-site Training
Allow 60-90 minutes of on-site training related to the IBEW Code of Excellence, with City management staff.
Union Release Time and Tracking
Up to four (4) Union employees may be granted release time for Union business not to exceed one hundred fifty (150) hours per fiscal year collectively. All Union release time must be fully documented on employee timesheets.
582
3 Language Clean Up and Proposals
The City will be proposing and presenting a redlined MOU that updates provisions within the MOU to provide greater clarity on existing practices and regulatory compliance, ensuring adherence with current laws.
Memorandum of Understanding
The Parties agree to incorporate the provisions contained in this LOU into a successor Memorandum of Understanding (MOU) in 2027 and further agree that all terms within the existing MOU remain operative.
The Parties agree that except as specifically modified by this Amendment that this Amendment shall not modify any previously negotiated and agreed upon Memorandum of Understanding and that all such terms and conditions contained therein shall remain in full force and effect; notwithstanding the expiration of the term of any applicable MOU, IBEW-WATER shall be entitled to the salary increases set forth in such LOU as provided in Appendix A.
Ratification and Execution
The Parties acknowledge that this LOU shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Orange. Subject to the foregoing, this LOU is hereby executed by the authorized representative of the City and IBEW-WATER and entered into on this _____ day of ___________, 2026.
CITY OF ORANGE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS IBEW LOCAL 47
WATER
Dated:______________________________ Dated:__________________________________ By: By:
Monica Espinoza, Human Resources Director Colin Lavin, IBEW Local 47, Business Manager By: By:
Trang Nguyen, Finance Director Dick Reed, IBEW Local 47, Asst. Business Manager By: By:
Cody Kleen, Assistant HR Director Mike Clark, IBEW Local 47, Business Representative By: By:
Erin Hodges, Senior HR Analyst Al Contreras, Water Plant Operator II 583
4 By:__________________________________ By:________________________________________ Rafael Cadena, Human Resources Technician Shawn Donnelly, Water Maintenance Leadworker By:________________________________________
Hector Medina, Water Maintenance Leadworker
By:_____________________________________________________________________ Joshua Borden, Water Maintenance Leadworker
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
584
5 APPENDIX A
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 47 WATER
EFFECTIVE JUNE 29, 2025
2.0% Across-the-Board Salary Increase
CLASSIFICATION A/1 B/2 C/3 D/4 E/5 F/6
SKILLED MAINT WORKER - WATER $61,080 $64,200 $67,476 $70,908 $74,532 $78,324 SR WATER METER SERVICE WORKER $62,004 $65,160 $68,484 $71,976 $75,648 $79,512
WATER MAINTENANCE
LEADWORKER $67,488 $70,932 $74,544 $78,348 $82,344 $86,544 WATER MAINTENANCE WORKER I $50,292 $52,848 $55,548 $58,380 $61,344 $64,488 WATER MAINTENANCE WORKER II $55,548 $58,392 $61,368 $64,500 $67,800 $71,244 WATER METER SERVICE WORKER I $52,332 $55,008 $57,804 $60,756 $63,852 $67,116 WATER METER SERVICE WORKER II $57,816 $60,768 $63,864 $67,128 $70,548 $74,148 WATER PLANT OPERATOR I $60,780 $63,876 $67,140 $70,560 $74,160 $77,940 WATER PLANT OPERATOR II $67,152 $70,584 $74,172 $77,964 $81,936 $86,112 WATER YARD STOREKEEPER $58,404 $61,380 $64,512 $67,800 $71,256 $74,892 EFFECTIVE JUNE 28, 2026
3.0% Cost of Living Adjustment
CLASSIFICATION A/1 B/2 C/3 D/4 E/5 F/6
SKILLED MAINT WORKER - WATER $64,171 $67,449 $70,891 $74,496 $78,304 $82,287 SR WATER METER SERVICE WORKER $65,141 $68,457 $71,950 $75,618 $79,476 $83,535
WATER MAINTENANCE
LEADWORKER $70,903 $74,522 $78,316 $82,312 $86,511 $90,923 WATER MAINTENANCE WORKER I $52,837 $55,522 $58,359 $61,334 $64,448 $67,751 WATER MAINTENANCE WORKER II $58,359 $61,347 $64,473 $67,764 $71,231 $74,849 WATER METER SERVICE WORKER I $54,980 $57,791 $60,729 $63,830 $67,083 $70,512 WATER METER SERVICE WORKER II $60,741 $63,842 $67,095 $70,525 $74,118 $77,900 WATER PLANT OPERATOR I $63,856 $67,109 $70,537 $74,130 $77,912 $81,884 WATER PLANT OPERATOR II $70,550 $74,156 $77,925 $81,909 $86,082 $90,469 WATER YARD STOREKEEPER $61,359 $64,486 $67,776 $71,231 $74,861 $78,682 585
1 RESOLUTION NO. 11664
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ESTABLISHING A
LETTER OF UNDERSTANDING BETWEEN THE
CITY OF ORANGE AND THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS
IBEW LOCAL 47 MAINTENANCE AND CRAFTS
UNION EFFECTIVE JULY 1, 2025 THROUGH
AND INCLUDING JUNE 30, 2027
WHEREAS, the City of Orange, acknowledges that the Orange Maintenance and Crafts Employees’ Association (OMCEA) is now an affiliate of the International Brotherhood of Electrical Workers (IBEW) Local 47 – Maintenance & Crafts (IBEW-M&C) bargaining unit, effective April 3, 2025; and
WHEREAS, the City of Orange, hereinafter referred to as "City", and the International Brotherhood of Electrical Workers IBEW Local 47 Maintenance & Crafts bargaining unit, hereinafter referred to as “Union”, collectively the “Parties”, have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective July 1, 2025 through and including June 30, 2027 and the City Council desires to enter into a Letter of Understanding (LOU) setting forth specified terms and conditions of employment for the Union’s covered employees for the period of July 1, 2025 through and including June 30, 2027; and
WHEREAS, the Parties agree to incorporate the provisions of this LOU into a new Memorandum of Understanding (MOU) at a future date, and until then all specified terms and conditions of employment in Resolution No. 11510 remain operative; 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 pensionreportable, pursuant to California Public Employees’ Retirement System law; and WHEREAS, the City Council has consulted with the City Manager and Human Resources Director concerning the proposed employment terms contained in the attached LOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached LOU is approved and incorporated by reference as Exhibit A as though fully set forth herein and furthermore authorizes staff to adjust the departmental salary and benefit accounts in the FY26 and FY27 budgets to reflect the cost of the contract provisions. 586
2 ADOPTED this ____ day of ____________________, 2026
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
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
587
3 EXHIBIT A
A LETTER OF UNDERSTANDING
ENTERED INTO BY AND BETWEEN THE CITY OF ORANGE AND
THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS IBEW LOCAL 47 - MAINTENANCE AND CRAFTS UNION EFFECTIVE
JULY 1, 2025 THROUGH AND INCLUDING JUNE 30, 2027
This Letter of Understanding (LOU) is entered into by and between the City of Orange (the City) and the International Brotherhood of Electrical Workers IBEW Local 47 - Maintenance & Crafts (Union), collectively the “Parties”. The LOU contains agreed upon terms and conditions of employment of the Union, including salary and benefit adjustments, for the period of July 1, 2025, through and including June 30, 2027.
The Parties have agreed to the following terms:
Term of Agreement
July 1, 2025 through and including June 30, 2027
Salary Increases
An across-the-board increase of two percent (2.0%) with retroactivity to June 29, 2025, and a three percent (3.0%) cost of living adjustment effective June 28, 2026 for all covered classifications as incorporated in Appendix A.
Medical
Amend Article XVI Section 1(A) by providing a $100.00 per month increase towards the family tier (from $2,095.00 to $2,195.00) effective May 31, 2026.
Holiday
Amend Article XI Section 1 to add the following: Nine (9) hours of floating holiday.
Amend Article XI to add a new Section 2:
SECTION 2. FLOATING HOLIDAY. Nine (9) hours of floating holiday will accrue on January 1st of each year. Employees hired after January 1st of each year shall receive a prorated portion of the nine (9) hours. All floating holiday hours must be utilized by December 31st of the year in which they were accrued. Unused floating holiday hours shall be forfeited.
Floating holiday hours shall be taken at the convenience of the City with approval of the Department Head. Probationary employees accrue, and are eligible to use, floating holiday and holiday hours according to the guidelines established in this Article, and/or, with approval of the Human Resources Director.
588
4 Upon separation from the City, any remaining portion of an employee’s floating holiday hours shall be cashed out.
Uniforms
Amend Article XIX, Section 2(C) to include employees with a Home Department of Facilities.
Probationary Employee Vacation Use
Amend Article XII Section 2 to allow probationary employees to use vacation accruals after completion of six (6) months of benefited active City service.
Educational Assistance/Professional Development
Amend Article XVII Section 3 to be “Educational Assistance/Professional Development.” Educational Assistance and Professional Development payments to an employee shall not exceed $750.00 in any one (1) fiscal year and the employee must still be employed by the City when the course is completed to qualify for reimbursement. Purchases must be approved in advance by the Department Head and the Human Resources Director prior to registration. Employees with a future separation date on file are ineligible for this benefit.
No Furlough or No Layoffs
During the term of this agreement, the City shall not impose furloughs, reductions in work hours, or layoffs on any IBEW-M&C - represented employees. This provision shall sunset on June 30, 2027 and will no longer be applicable after this date.
Vacation Conversion
Modify vacation conversion provision pursuant to the Internal Revenue Code 451 (Constructive Receipt) which will change the mechanism to cash out vacation hours as follows:
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 2 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, 2026, and every December 15th 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 2027 and every June and December thereafter. The City shall make the cash outs in the second paycheck in June and December. Such cash outs shall be paid at the employee’s net salary hourly rate of pay.
On-site Training
Allow 60-90 minutes of on-site training related to the IBEW Code of Excellence, with City management staff.
589
5 Union Release Time and Tracking
Up to four (4) Union employees may be granted release time for Union business not to exceed one hundred fifty (150) hours per fiscal year collectively. All Union release time must be fully documented on employee timesheets.
Language Clean Up and Proposals
The City will be proposing and presenting a redlined MOU that updates provisions within the MOU to provide greater clarity on existing practices and regulatory compliance, ensuring adherence with current laws.
All Association references shall be changed to International Brotherhood of Electrical Workers Local 47 (IBEW) or Union.
Memorandum of Understanding
The Parties agree that the provisions contained in this LOU shall be incorporated into a forthcoming successor Memorandum of Understanding (MOU) between the City and Union and further agree that all terms within the existing MOU remain operative.
The Parties agree that except as specifically modified by this Amendment that this Amendment shall not modify any previously negotiated and agreed upon Memorandum of Understanding and that all such terms and conditions contained therein shall remain in full force and effect; notwithstanding the expiration of the term of any applicable MOU, IBEW-M&C shall be entitled to the salary increases set forth in such LOU as provided in Appendix A.
Ratification and Execution
The Parties acknowledge that this LOU shall not be in full force and effect until ratified by the Union and adopted by the City Council of the City of Orange. Subject to the foregoing, this LOU is hereby executed by the authorized representative of the City and IBEW-M&C and entered into on this _____ day of ___________, 2026.
CITY OF ORANGE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS IBEW LOCAL 47 -
MAINTENANCE & CRAFTS
Dated:________________________________ Dated:_____________________________________ By:__________________________________ By:________________________________________ Monica Espinoza, Human Resources Director Colin Lavin, IBEW Local 47, Business Manager By:__________________________________ By: ________________________________________ Trang Nguyen, Finance Director Dick Reed, IBEW Local 47, Asst. Business Manager 590
6 By:__________________________________ By:________________________________________ Cody Kleen, Assistant HR Director Mike Clark, IBEW Local 47, Business Representative By:_____________________________________ By:____________________________________________ Christina Lopez, Senior HR Analyst Gonzalo Toledo, Public Works Maintenance Worker I By:___________________________________________________ By:_____________________________________________________________ Eric Figueroa, Human Resources Analyst I Jaime Gomez, Public Works Maintenance Leadworker By:________________________________________
Julian Bernal, Equipment Maintenance Leadworker
By:_____________________________________________________________ Josh Garcia, Parks Maintenance Worker II
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
591
7 APPENDIX A
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 47 MAINTENANCE & CRAFTS
EFFECTIVE JUNE 29, 2025
2.0% Across-the-Board Salary Increase
CLASSIFICATION A/1 B/2 C/3 D/4 E/5 F/6
CUSTODIAN $42,648 $44,832 $47,112 $49,524 $52,044 $54,696 EQUIPMENT MAINT LEADWORKER $65,820 $69,192 $72,708 $76,428 $80,316 $84,420 EQUIPMENT MECHANIC I $56,676 $59,568 $62,604 $65,796 $69,156 $72,684 EQUIPMENT MECHANIC II $62,628 $65,820 $69,180 $72,708 $76,416 $80,304 EQUIPMENT OPERATOR $60,180 $63,240 $66,480 $69,864 $73,416 $77,172 EQUIPMENT PARTS TECHNICIAN $56,676 $59,568 $62,604 $65,796 $69,156 $72,684 LEAD CUSTODIAN $49,548 $52,068 $54,720 $57,516 $60,444 $63,516 MAINTENANCE WORKER $46,884 $49,284 $51,792 $54,444 $57,216 $60,132 PARKS MAINTENANCE LEADWORKER $62,628 $65,820 $69,180 $72,708 $76,416 $80,304 PARKS MAINTENANCE WORKER I $46,884 $49,284 $51,792 $54,444 $57,216 $60,132 PARKS MAINTENANCE WORKER II $51,804 $54,456 $57,240 $60,156 $63,216 $66,444 PUBLIC WORKS MAINT LEADWORKER $62,628 $65,820 $69,180 $72,708 $76,416 $80,304 PUBLIC WORKS MAINT WORKER I $46,884 $49,284 $51,792 $54,444 $57,216 $60,132 PUBLIC WORKS MAINT WORKER II $51,804 $54,456 $57,240 $60,156 $63,216 $66,444 SKILLED MAINT WKR-PUBLIC WORKS $58,104 $61,068 $64,188 $67,464 $70,896 $74,520 SKILLED MAINT WRKR-FACILITIES $58,104 $61,068 $64,188 $67,464 $70,896 $74,520 SKILLED MAINTENANCE LEADWORKER $64,212 $67,476 $70,920 $74,544 $78,336 $82,332 SKILLED MAINTENANCE WRKR-PARKS $58,104 $61,068 $64,188 $67,464 $70,896 $74,520 *Classification of Chemical Sprayer eliminated effective 06/29/2025 pursuant to FY26 budget adoption. 592
8 APPENDIX A (CONTINUED)
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 47 MAINTENANCE & CRAFTS
EFFECTIVE JUNE 28, 2026
3.0% Cost of Living Adjustment
CLASSIFICATION A/1 B/2 C/3 D/4 E/5 F/6
CUSTODIAN $44,806 $47,101 $49,496 $52,029 $54,678 $57,464 EQUIPMENT MAINT LEADWORKER $69,150 $72,693 $76,387 $80,296 $84,380 $88,691 EQUIPMENT MECHANIC I $59,544 $62,582 $65,772 $69,125 $72,655 $76,362 EQUIPMENT MECHANIC II $65,797 $69,150 $72,681 $76,387 $80,282 $84,367 EQUIPMENT OPERATOR $63,226 $66,440 $69,844 $73,399 $77,131 $81,076 EQUIPMENT PARTS TECHNICIAN $59,544 $62,582 $65,772 $69,125 $72,655 $76,362 LEAD CUSTODIAN $52,055 $54,702 $57,488 $60,426 $63,503 $66,730 MAINTENANCE WORKER $49,257 $51,778 $54,413 $57,199 $60,111 $63,175 PARKS MAINTENANCE LEADWORKER $65,797 $69,150 $72,681 $76,387 $80,282 $84,367 PARKS MAINTENANCE WORKER I $49,257 $51,778 $54,413 $57,199 $60,111 $63,175 PARKS MAINTENANCE WORKER II $54,425 $57,211 $60,137 $63,200 $66,414 $69,806 PUBLIC WORKS MAINT LEADWORKER $65,797 $69,150 $72,681 $76,387 $80,282 $84,367 PUBLIC WORKS MAINT WORKER I $49,257 $51,778 $54,413 $57,199 $60,111 $63,175 PUBLIC WORKS MAINT WORKER II $54,425 $57,211 $60,137 $63,200 $66,414 $69,806 SKILLED MAINT WKR-PUBLIC WORKS $61,044 $64,158 $67,436 $70,877 $74,483 $78,290 SKILLED MAINT WRKR-FACILITIES $61,044 $64,158 $67,436 $70,877 $74,483 $78,290 SKILLED MAINTENANCE LEADWORKER $67,461 $70,891 $74,508 $78,316 $82,300 $86,498 SKILLED MAINTENANCE WRKR-PARKS $61,044 $64,158 $67,436 $70,877 $74,483 $78,290 593
Agenda Item
Orange City Council
Item #: 3.26. 4/28/2026 File #: 26-0160
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Monica Espinoza, Human Resources Director
1. SUBJECT
Letters of Understanding between the City of Orange and the Orange Municipal Employees’ Association and the Orange Management Association
2. SUMMARY
Resolution No. 11668 establishes a Letter of Understanding between the City of Orange and the Orange Municipal Employees’ Association effective July 1, 2026 through and including June 30, 2027.
Resolution No. 11675 establishes a Letter of Understanding between the City of Orange and the Orange Management Association effective July 1, 2026 through and including June 30, 2027.
3. RECOMMENDED ACTION
1. Adopt Resolution No. 11668. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange Municipal Employees Association effective July 1, 2026 through and including June 30, 2027.
2. Adopt Resolution No. 11675. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange Management Association effective July 1, 2026 through and including June 30, 2027.
4. FISCAL IMPACT
Orange Municipal Employees’ Association: The total cost is approximately $340,300, of which $276,100 is funded through the General Fund.
Orange Management Association: The total cost is approximately $195,500, of which $121,600 is funded through the General Fund.
These adjustments are included in the FY27 budget.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 4: Improve Employee Retention and Recruitment
City of Orange Page 1 of 3 Printed on 4/23/2026
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Item #: 3.26. 4/28/2026 File #: 26-0160
6. DISCUSSION AND BACKGROUND
In February 2026, the City began the collective bargaining process with the Orange Municipal Employees’ Association and the Orange Management Associations, collectively the “Parties”. The current contracts between the Parties expire on June 30, 2026.
The Parties agree to incorporate these provisions into future Memoranda of Understanding in 2027.
Until such time, all specified terms and conditions of employment set forth in Resolution Nos. 11629 and 11632 shall remain in full force and effect through and including June 30, 2027. Elements of the one-year contract extension include:
TERM July 1, 2026 - June 30, 2027.
COMPENSATION Effective June 28, 2026, 3.0% cost of living adjustment to base salary effective June 28,
2026. Annual Salary Tables are attached as
Appendix A.
NO FURLOUGHS OR LAYOFFS During the term of these Agreements, the City shall not impose furloughs, reduction in work
hours, or layoffs on any Association represented
employees. This provision shall sunset on June
30, 2027 and will no longer be applicable after this
date.
LABOR - MANAGEMENT WORKING
GROUP
During the term of these Agreements, the City and
the Associations agree to establish a joint labormanagement working group to evaluate and develop recommendations regarding alternative
work schedules, including 4/10 work schedules,
and telecommuting opportunities for eligible
classifications represented by the Associations.
The working group shall convene within ninety
(90) days of ratification of the LOU and meet
regularly as mutually agreed.
LANGUAGE CLEANUP OMA & OMEA: Modify Vacation Conversion provision pursuant to Internal Revenue Code 451
(Constructive Receipt). OMEA: The City will
compensate its employees overtime in
accordance with the current MOU, portal-to-portal,
while in the course of their employment and away
from their official duty station and assigned to an
emergency incident, in support of an emergency
incident, or pre-positioned for emergency
response during a City Manager-declared
emergency.
PARITY AGREEMENT Due to the unique circumstances of these negotiations, in the event any other bargaining
group negotiates and receives any other
monetary compensation increase during the term
of this Agreement, including but not limited to
specialty paysincentive payspremium pays
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Item #: 3.26. 4/28/2026 File #: 26-0160
from their official duty station and assigned to an
emergency incident, in support of an emergency
incident, or pre-positioned for emergency
response during a City Manager-declared
emergency.
PARITY AGREEMENT Due to the unique circumstances of these negotiations, in the event any other bargaining
group negotiates and receives any other
monetary compensation increase during the term
of this Agreement, including but not limited to
specialty pays, incentive pays, premium pays,
stipends, educational incentives, certification pay,
longevity pay adjustments, one-time payments,
bonuses, uniform allowances, holiday pay, or any
other form of compensation that increases total
cash remuneration, such increase(s) shall
likewise be provided to members of the Orange
Management Association and the Orange
Municipal Employees’ Association under the same
effective date, percentage or monetary value, and
equivalent terms and conditions, unless expressly
excluded by mutual written Agreement of the
Parties.
Both Associations took these terms to a vote of their membership and ratified the Tentative Agreements.
City Council approval is required to finalize these Agreements in the form of a Letter of Understanding.
7. ATTACHMENTS
· Resolution No. 11668
· Resolution No. 11675
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Agenda Item
Orange City Council
Item #: 3.26. 4/28/2026 File #: 26-0160
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Monica Espinoza, Human Resources Director
1. SUBJECT
Letters of Understanding between the City of Orange and the Orange Municipal Employees’ Association and the Orange Management Association
2. SUMMARY
Resolution No. 11668 establishes a Letter of Understanding between the City of Orange and the Orange Municipal Employees’ Association effective July 1, 2026 through and including June 30, 2027.
Resolution No. 11675 establishes a Letter of Understanding between the City of Orange and the Orange Management Association effective July 1, 2026 through and including June 30, 2027.
3. RECOMMENDED ACTION
1. Adopt Resolution No. 11668. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange Municipal Employees Association effective July 1, 2026 through and including June 30, 2027.
2. Adopt Resolution No. 11675. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange Management Association effective July 1, 2026 through and including June 30, 2027.
4. FISCAL IMPACT
Orange Municipal Employees’ Association: The total cost is approximately $340,300, of which $276,100 is funded through the General Fund.
Orange Management Association: The total cost is approximately $195,500, of which $121,600 is funded through the General Fund.
These adjustments are included in the FY27 budget.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 4: Improve Employee Retention and Recruitment
City of Orange Page 1 of 3 Printed on 4/23/2026
powered by Legistar™597
Item #: 3.26. 4/28/2026 File #: 26-0160
6. DISCUSSION AND BACKGROUND
In February 2026, the City began the collective bargaining process with the Orange Municipal Employees’ Association and the Orange Management Associations, collectively the “Parties”. The current contracts between the Parties expire on June 30, 2026.
The Parties agree to incorporate these provisions into future Memoranda of Understanding in 2027.
Until such time, all specified terms and conditions of employment set forth in Resolution Nos. 11629 and 11632 shall remain in full force and effect through and including June 30, 2027. Elements of the one-year contract extension include:
TERM July 1, 2026 - June 30, 2027.
COMPENSATION Effective June 28, 2026, 3.0% cost of living adjustment to base salary effective June 28,
2026. Annual Salary Tables are attached as
Appendix A.
NO FURLOUGHS OR LAYOFFS During the term of these Agreements, the City shall not impose furloughs, reduction in work
hours, or layoffs on any Association represented
employees. This provision shall sunset on June
30, 2027 and will no longer be applicable after this
date.
LABOR - MANAGEMENT WORKING
GROUP
During the term of these Agreements, the City and
the Associations agree to establish a joint labormanagement working group to evaluate and develop recommendations regarding alternative
work schedules, including 4/10 work schedules,
and telecommuting opportunities for eligible
classifications represented by the Associations.
The working group shall convene within ninety
(90) days of ratification of the LOU and meet
regularly as mutually agreed.
LANGUAGE CLEANUP OMA & OMEA: Modify Vacation Conversion provision pursuant to Internal Revenue Code 451
(Constructive Receipt). OMEA: The City will
compensate its employees overtime in
accordance with the current MOU, portal-to-portal,
while in the course of their employment and away
from their official duty station and assigned to an
emergency incident, in support of an emergency
incident, or pre-positioned for emergency
response during a City Manager-declared
emergency.
PARITY AGREEMENT Due to the unique circumstances of these negotiations, in the event any other bargaining
group negotiates and receives any other
monetary compensation increase during the term
of this Agreement, including but not limited to
specialty paysincentive payspremium pays
City of Orange Page 2 of 3 Printed on 4/23/2026
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Item #: 3.26. 4/28/2026 File #: 26-0160
from their official duty station and assigned to an
emergency incident, in support of an emergency
incident, or pre-positioned for emergency
response during a City Manager-declared
emergency.
PARITY AGREEMENT Due to the unique circumstances of these negotiations, in the event any other bargaining
group negotiates and receives any other
monetary compensation increase during the term
of this Agreement, including but not limited to
specialty pays, incentive pays, premium pays,
stipends, educational incentives, certification pay,
longevity pay adjustments, one-time payments,
bonuses, uniform allowances, holiday pay, or any
other form of compensation that increases total
cash remuneration, such increase(s) shall
likewise be provided to members of the Orange
Management Association and the Orange
Municipal Employees’ Association under the same
effective date, percentage or monetary value, and
equivalent terms and conditions, unless expressly
excluded by mutual written Agreement of the
Parties.
Both Associations took these terms to a vote of their membership and ratified the Tentative Agreements.
City Council approval is required to finalize these Agreements in the form of a Letter of Understanding.
7. ATTACHMENTS
· Resolution No. 11668
· Resolution No. 11675
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RESOLUTION NO. 11668
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ESTABLISHING A LETTER OF
UNDERSTANDING BETWEEN THE CITY OF
ORANGE AND THE ORANGE MUNICIPAL
EMPLOYEES ASSOCIATION EFFECTIVE JULY 1,
2026 THROUGH AND INCLUDING JUNE 30, 2027
WHEREAS, the City of Orange, hereinafter referred to as “City”, and the Orange Municipal Employees’ Association bargaining unit, hereinafter referred to as “Association”, collectively the “Parties”, have met and conferred in accordance with requirements of the MeyersMilias-Brown Act; and WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective July 1, 2026 through and including June 30, 2027 and the City Council desires to enter into a Letter of Understanding (LOU) setting forth specified terms and conditions of employment for the Association’s covered employees for the period of July 1, 2026 through and including June 30, 2027; and
WHEREAS, the Parties agree to incorporate the provisions of this LOU into a new Memorandum of Understanding (MOU) at a future date, and until then all specified terms and conditions of employment in Resolution No. 11629 remain operative; 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 pensionreportable, pursuant to California Public Employees’ Retirement System law; and WHEREAS, the City Council has consulted with the City Manager and Human Resources Director concerning the proposed employment terms contained in the attached LOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached LOU is approved and incorporated by reference as Exhibit A as though fully set forth herein and furthermore authorizes staff to adjust the departmental salary and benefit accounts in the FY27 budget to reflect the cost of the contract provisions.
ADOPTED this ____ day of ____________________, 2026
Daniel R. Slater, Mayor, City of Orange
600
2 ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney,
City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
601
EXHIBIT A
A LETTER OF UNDERSTANDING
ENTERED INTO BY AND BETWEEN THE CITY OF ORANGE AND
THE ORANGE MUNICIPAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2026 THROUGH AND INCLUDING JUNE 30, 2027
This Letter of Understanding (LOU) is entered into by and between the City of Orange (the City) and the Orange Municipal Employees’ Association (Association), collectively the “Parties”. The LOU contains agreed upon terms and conditions of employment of the Association, including salary and benefit adjustments, for the period of July 1, 2026, through and including June 30, 2027.
In February 2026, the City and the Association met and engaged in the Meet and Confer process to establish its next contract. These discussions resulted in this LOU between the City and the Association, who have agreed to the following terms:
Term of Agreement
July 1, 2026 through and including June 30, 2027.
Salary Increases
Effective June 28, 2026, provide a three percent (3.0%) Cost of Living Adjustment to base salary for all covered classifications as incorporated in Appendix A.
No Furloughs or Layoffs
The City shall not implement any furloughs or layoffs against any unit members during the term of this agreement.
Labor-Management Working Group
During the term of this agreement, the City and the Association agree to establish a joint labormanagement working group to evaluate and develop recommendations regarding alternative work schedules, including 4/10 work schedules, and telecommuting opportunities for eligible classifications represented by the Association. The working group shall convene within ninety (90) days of ratification of the LOU and meet regularly as mutually agreed.
Reimbursement from California Office of Emergency Services (Cal-OES) The City will compensate its employees overtime in accordance with the current MOU, portal-toportal, while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response during a City Manager-declared emergency.
Vacation Conversion
Amend Article XII Section 3 Vacation Conversion to implement Constructive Receipt language pursuant to the Internal Revenue Code. Revised Article to read:
602
2 An employee may convert up to fifty percent (50%) of their current annual vacation accrual into cash in lieu of time off with pay on an annual basis. An employee requesting such a conversion may convert twice in a fiscal year, however, the total amount converted per fiscal year shall not exceed fifty percent (50%) of the employee’s annual accrual. Employees serving their initial hire probationary period shall not be eligible for vacation conversion.
On or before December 15, 2026, and every December 15th 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 2027 and every June and December thereafter. The City shall make the cash outs in the second paycheck in June and December. Such cash outs shall be paid at the employee’s net rate of pay.
Me-Too Parity Clause
Due to the unique circumstances of these negotiations, in the event any other bargaining group negotiates and receives any other monetary compensation increase during the term of this Agreement, including but not limited to specialty pays, incentive pays, premium pays, stipends, educational incentives, certification pay, longevity pay adjustments, one-time payments, bonuses, uniform allowances, holiday pay, or any other form of compensation that increases total cash remuneration, such increase(s) shall likewise be provided to members of the Orange Municipal Employees’ Association under the same effective date, percentage or monetary value, and equivalent terms and conditions, unless expressly excluded by mutual written agreement of the Parties.
Memorandum of Understanding
The Parties agree to incorporate the provisions contained in this LOU into a successor Memorandum of Understanding (MOU) in 2027 and further agree that all terms within the existing MOU remain operative.
The Parties agree that except as specifically modified by this Amendment that this Amendment shall not modify any previously negotiated and agreed upon Memorandum of Understanding and that all such terms and conditions contained therein shall remain in full force and effect; notwithstanding the expiration of the term of any applicable MOU, the Association shall be entitled to the salary increases set forth in such LOU as provided in Appendix A.
Ratification and Execution
The Parties acknowledge that this LOU shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Orange. Subject to the foregoing, this LOU is hereby executed by the authorized representative of the City and the Association and entered into on this _____ day of ______________, 2026. 603
3 CITY OF ORANGE ORANGE MUNICIPAL EMPLOYEES’
ASSOCIATION
Dated:________________________________ Dated:________________________________ By:__________________________________ By: __________________________________ Monica Espinoza, Human Resources Director John Ferry, President By:__________________________________ By: __________________________________ Cody Kleen, Asst. Human Resources Director Kerensa Schupmann, OCEA Representative APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
604
4 Appe
APPENDIX A
ORANGE MUNICIPAL EMPLOYEES’ ASSOCIATION
ANNUAL SALARY RANGES
EFFECTIVE JUNE 28, 2026
3.0% Cost of Living Adjustment
CLASSIFICATION A/1 B/2 C/3 D/4 E/5 F/6
ACCOUNTANT $78,350 $82,355 $86,545 $90,957 $95,605 $100,474 ADMINISTRATIVE ASSISTANT $60,453 $63,543 $66,781 $70,180 $73,764 $77,522 ADMINISTRATIVE SPECIALIST $59,847 $62,900 $97,014 $69,488 $73,023 $76,756 ASSISTANT ENGINEER $90,537 $95,172 $100,005 $105,109 $110,474 $116,110 ASSISTANT PLANNER $73,431 $77,176 $81,119 $85,247 $89,598 $94,171 ASSOCIATE CIVIL ENGINEER $101,550 $106,741 $112,155 $117,890 $123,909 $130,213 ASSOCIATE ENGINEER $101,550 $106,741 $112,155 $117,890 $123,909 $130,213 ASSOCIATE PLANNER $87,435 $91,909 $96,581 $101,513 $106,692 $112,118 BUILDING INSPECTOR $73,802 $77,559 $81,527 $85,667 $90,043 $94,641 BUSINESS LICENSE INSPECTOR $69,513 $73,060 $76,780 $80,698 $84,814 $89,140 BUYER $72,343 $76,039 $79,907 $83,986 $88,275 $92,762
CODE COMPLIANCE OFFICER $71,626 $75,272 $79,116 $83,146 $87,385 $91,847 COMBINATION BUILDING INSPECTOR $77,571 $81,527 $85,692 $90,055 $94,653 $99,486 CONSTRUCTION INSPECTOR I $67,127 $70,551 $74,148 $77,930 $81,910 $86,087 CONSTRUCTION INSPECTOR II $74,172 $77,955 $81,934 $86,100 $90,500 $95,110 CONTRACT ADMINISTRATOR $90,537 $95,172 $100,005 $105,109 $110,474 $116,110 ENGINEERING TECHNICIAN I $63,543 $66,781 $101,092 $73,777 $77,534 $81,489 ENGINEERING TECHNICIAN II $70,205 $73,789 $77,547 $81,514 $85,655 $90,030
ENVIRONMENTAL COMPLNCE
SPECLST $71,626 $75,272 $79,116 $83,146 $87,385 $91,847 ENVIRONMENTAL SCIENTIST $101,550 $106,741 $112,155 $117,890 $123,909 $130,213 FINANCE ASSISTANT $64,507 $67,795 $71,255 $74,889 $78,708 $82,713 FINANCE CLERK $54,174 $56,930 $59,835 $62,888 $66,101 $69,463 GIS ANALYST $101,550 $106,741 $112,155 $117,890 $123,909 $130,213 HOUSING SPECIALIST $71,626 $75,272 $79,116 $83,146 $87,385 $91,847 HUMAN RESOURCES TECHNICIAN $62,912 $66,126 $69,500 $73,035 $76,768 $80,674 LEAD BUSINESS LICENSE INSPECTR $73,060 $76,793 $80,711 $84,827 $89,153 $93,701 LEAD FINANCE CLERK $73,060 $76,793 $80,711 $84,827 $89,153 $93,701 LIBRARIAN I $65,471 $68,820 $72,318 $76,014 $79,883 $83,961 LIBRARIAN II $72,343 $76,039 $79,907 $83,986 $88,275 $92,762 LIBRARIAN III $79,932 $83,999 $88,300 $92,799 $97,520 $102,501 LIBRARY ASSISTANT $53,630 $56,374 $59,241 $62,270 $65,446 $68,783 LIBRARY CLERK $42,642 $44,817 $47,092 $49,502 $52,023 $54,668 LIBRARY LITERACY COORDINATOR $65,471 $68,820 $72,318 $76,014 $79,883 $83,961 LIBRARY PAGE $36,895 $38,786 $40,751 $42,840 $45,015 $47,314 LIBRARY SUPPORT SERVICES ASST $53,630 $56,374 $59,241 $62,270 $65,446 $68,783 LIBRARY TECHNOLOGY ASSISTANT $53,630 $56,374 $59,241 $62,270 $65,446 $68,783
LIBRARY TECHNOLOGY
COORDINATOR $72,343 $76,039 $79,907 $83,986 $88,275 $92,762 LIBRARY TECHNOLOGY SPECIALIST $65,471 $68,820 $72,318 $76,014 $79,883 $83,961 605
5 APPENDIX A (CONTINUED)
ORANGE MUNICIPAL EMPLOYEES’ ASSOCIATION
ANNUAL SALARY RANGES
CLASSIFICATION A/1 B/2 C/3 D/4 E/5 F/6
LIBRARY VOLUNTEER
COORDINATOR $60,453 $63,543 $66,781 $70,180 $73,764 $77,522 OFFICE ASSISTANT $47,116 $49,514 $52,036 $54,693 $57,474 $60,403 PAYROLL TECHNICIAN $73,060 $76,793 $80,711 $84,827 $89,153 $93,701 PERMIT TECHNICIAN $60,453 $63,543 $66,781 $70,180 $73,764 $77,522 PLAN CHECK ENGINEER $90,537 $95,172 $100,005 $105,109 $110,474 $116,110 PLANNING TECHNICIAN $63,234 $66,447 $69,846 $73,406 $77,151 $81,082 PROJECT ENGINEER $95,172 $100,042 $105,122 $110,498 $116,135 $122,043 REC SERVICES COORDINATOR $65,805 $69,154 $72,689 $76,397 $80,291 $84,382 SENIOR CODE COMPLIANCE OFFICER $79,141 $83,170 $87,422 $91,872 $96,556 $101,488 SENIOR FINANCE CLERK $59,847 $62,900 $66,114 $69,488 $73,023 $76,756 SENIOR LIBRARY CLERK $49,514 $52,048 $54,705 $57,486 $88,226 $63,506 SENIOR OFFICE ASSISTANT $52,060 $54,705 $57,499 $60,440 $63,506 $66,756 SENIOR PERMIT TECHNICIAN $66,793 $70,205 $73,777 $77,547 $81,502 $85,655 SR COMBINATION BUILDING INSPCT $85,717 $90,092 $94,665 $99,498 $104,578 $109,905 SR TRAFFIC SIGNAL TECHNICIAN $85,717 $90,092 $94,665 $99,498 $104,578 $109,905 STOCK CLERK $49,279 $51,788 $54,433 $57,202 $60,119 $63,184 TRAFFIC MGMT CENTER TECHNICIAN $85,717 $90,092 $94,665 $99,498 $104,578 $109,905 TRAFFIC SIGNAL TECHNICIAN I $63,543 $66,781 $70,192 $73,777 $77,534 $81,489 TRAFFIC SIGNAL TECHNICIAN II $70,205 $73,789 $77,547 $81,514 $85,655 $90,030 TRANSPORTATION ANALYST $101,550 $106,741 $112,155 $117,890 $123,909 $130,213
WAREHOUSE/INVENTORY
SPECIALIST $65,805 $69,154 $72,689 $76,397 $80,291 $84,382 606
1 RESOLUTION NO. 11675
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ESTABLISHING A LETTER OF
UNDERSTANDING BETWEEN THE CITY OF
ORANGE AND THE ORANGE MANAGEMENT
ASSOCIATION EFFECTIVE JULY 1, 2026 THROUGH
AND INCLUDING JUNE 30, 2027
WHEREAS, the City of Orange, hereinafter referred to as "City", and the Orange Management Association bargaining unit, hereinafter referred to as “Association”, collectively the “Parties”, have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective July 1, 2026, through and including June 30, 2027, and the City Council desires to enter into a Letter of Understanding (LOU) setting forth specified terms and conditions of employment for the Association’s covered employees for the period of July 1, 2026, through and including June 30, 2027; and
WHEREAS, the Parties agree to incorporate the provisions of this LOU into a new Memorandum of Understanding (MOU) at a future date, and until then all specified terms and conditions of employment in Resolution No. 11632 remain operative; 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 pensionreportable, pursuant to California Public Employees’ Retirement System law; and WHEREAS, the City Council has consulted with the City Manager and Human Resources Director concerning the proposed employment terms contained in the attached LOU; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached LOU is approved and incorporated by reference as Exhibit A as though fully set forth herein and furthermore authorizes staff to adjust the departmental salary and benefit accounts in the FY27 budget to reflect the cost of the contract provisions.
ADOPTED this ____ day of ____________________, 2026
Daniel R. Slater, Mayor, City of Orange
607
2 ATTEST:
Pamela Coleman, City Clerk, City of Orange
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 day of , 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
608
3 EXHIBIT A
A LETTER OF UNDERSTANDING
ENTERED INTO BY AND BETWEEN THE CITY OF ORANGE AND
THE ORANGE MANAGEMENT ASSOCIATION EFFECTIVE JULY 1, 2026 THROUGH AND INCLUDING JUNE 30, 2027
This Letter of Understanding (LOU) is entered into by and between the City of Orange (the City) and the Orange Management Association (Association), collectively the “Parties”. The LOU contains agreed upon terms and conditions of employment of the Association, including salary and benefit adjustments, for the period of July 1, 2026, through and including June 30, 2027.
In February 2026, the City and the Association met and engaged in the Meet and Confer process to establish its next contract. These discussions resulted in this LOU between the City and the Association, who have agreed to the following terms:
Term of Agreement
July 1, 2026, through and including June 30, 2027.
Salary Increases
Effective June 28, 2026, provide a three percent (3.0%) Cost of Living Adjustment to base salary for all covered classifications as incorporated in Appendix A.
No Furloughs or Layoffs
During the term of this agreement, the City shall not impose furloughs, reduction in work hours, or layoffs on any Association represented employees. This provision shall sunset on June 30, 2027, and will no longer be applicable after this date.
Labor-Management Working Group
During the term of this agreement, the City and the Association agree to establish a joint labormanagement working group to evaluate and develop recommendations regarding alternative work schedules, including 4/10 work schedules, and telecommuting opportunities for eligible classifications represented by the Association. The working group shall convene within ninety (90) days of ratification of the LOU and meet regularly as mutually agreed.
Vacation Conversion
Amend Article XII Section 3 Vacation Conversion to implement Constructive Receipt language pursuant to the Internal Revenue Code. Revised Article to read:
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 2 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.
609
4 On or before December 15, 2025, and every December 15th thereafter, a qualified employee who elects to cash out accrued vacation for the following year shall submit a 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 paycheck in June and December. Such cash outs shall be paid at the employee’s net salary hourly rate of pay.
Me-Too Parity Clause
Due to the unique circumstances of these negotiations, in the event any other bargaining group negotiates and receives any other monetary compensation increase during the term of this Agreement, including but not limited to specialty pays, incentive pays, premium pays, stipends, educational incentives, certification pay, longevity pay adjustments, one-time payments, bonuses, uniform allowances, holiday pay, or any other form of compensation that increases total cash remuneration, such increase(s) shall likewise be provided to members of the Orange Management Association under the same effective date, percentage or monetary value, and equivalent terms and conditions, unless expressly excluded by mutual written agreement of the Parties.
Memorandum of Understanding
The Parties agree to incorporate the provisions contained in this LOU into a successor Memorandum of Understanding (MOU) in 2027 and further agree that all terms within the existing MOU remain operative.
The Parties agree that except as specifically modified by this Amendment that this Amendment shall not modify any previously negotiated and agreed upon Memorandum of Understanding and that all such terms and conditions contained therein shall remain in full force and effect; notwithstanding the expiration of the term of any applicable MOU, the Association shall be entitled to the salary increases set forth in such LOU as provided in Appendix A.
Ratification and Execution
The Parties acknowledge that this LOU shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Orange. Subject to the foregoing, this LOU is hereby executed by the authorized representative of the City and the Association and entered into on this _____ day of ___________, 2026.
610
5 CITY OF ORANGE ORANGE MANAGEMENT
ASSOCIATION
Dated:________________________________ Dated:________________________________ By:__________________________________ By: __________________________________ Monica Espinoza, Human Resources Director Lisa Tamburelli, President By:__________________________________ By: __________________________________ Cody Kleen, Asst. Human Resources Director Michelle Rubio, OCEA Representative APPROVED AS TO FORM:
Nathalie Adourian, City Attorney, City of Orange
611
6 APPENDIX A
ORANGE MANAGEMENT ASSOCIATION
ANNUAL SALARY RANGES
EFFECTIVE JUNE 28, 2026
3.0% Cost of Living Adjustment
CLASSIFICATION A/1 B/2 C/3 D/4 E/5 F/6
BUILDING INSPECTION SUPERVISOR $90,092 $94,702 $99,510 $104,590 $109,930 $115,529 CODE COMPLIANCE MANAGER $112,204 $117,939 $123,934 $130,262 $136,912 $143,883 CODE COMPLIANCE SUPERVISOR $90,092 $94,702 $99,510 $104,590 $109,930 $115,529 CONSTRUCTION INSPECTION SUPV $85,284 $89,647 $94,196 $99,004 $104,059 $109,361 DEVELOPMENT PROJECT MANAGER $90,537 $95,172 $100,005 $105,109 $110,474 $116,110 DIGITAL MARKETING COORDINATOR $79,537 $83,591 $87,855 $92,329 $97,038 $101,995
ENVIRONMENTAL PROGRAM
MANAGER $117,346 $123,353 $129,619 $136,232 $143,191 $150,483 EQUIPMENT MAINT SUPERVISOR $89,647 $94,233 $99,016 $104,071 $109,386 $114,948 FACILITIES MAINT SUPERVISOR $85,284 $89,647 $94,196 $99,004 $104,059 $109,361 FINANCE COORDINATOR $79,932 $83,999 $88,300 $92,799 $97,520 $102,501 FINANCE SUPERVISOR $88,312 $92,824 $97,545 $102,526 $107,754 $113,242 HISTORIC PRESERVATION PLANNER $101,550 $106,741 $112,155 $117,890 $123,909 $130,213 INFORMATION TECH SUPERVISOR $90,092 $94,702 $99,510 $104,590 $109,920 $115,529
INFORMATION TECHNOLOGY
SPECLST $79,537 $83,591 $87,855 $92,329 $97,038 $101,995 LANDSCAPE COORDINATOR $90,537 $95,172 $100,005 $105,109 $110,474 $116,110 LEGAL ASSISTANT $69,513 $73,060 $76,780 $80,698 $84,814 $89,140 LIBRARY MANAGER I $91,909 $96,606 $101,513 $106,704 $112,142 $117,853 LIBRARY MANAGER II $96,618 $101,550 $106,704 $112,155 $117,890 $123,884 LIBRARY TECH/SUPPORT SVCS MGR $96,618 $101,550 $106,704 $112,155 $117,890 $123,884 PARKS MAINTENANCE SUPERVISOR $85,284 $89,647 $94,196 $99,004 $104,059 $109,361 PAYROLL SPECIALIST $76,805 $80,711 $84,839 $89,165 $93,714 $98,497 PERMIT SUPERVISOR $85,284 $89,647 $94,196 $99,004 $104,059 $109,361
PROJECT DEVELOPMENT
COORDINATR $90,537 $95,172 $100,005 $105,109 $110,474 $116,110 PUBLIC WORKS MAINT SUPERVISOR $85,284 $89,647 $94,196 $99,004 $104,059 $109,361 RECORDS COORDINATOR $74,172 $77,955 $81,934 $86,100 $90,500 $95,110 RECREATION SERVICES SUPERVISOR $87,435 $91,909 $96,581 $101,513 $106,692 $112,118 SENIOR ACCOUNTANT $86,569 $90,994 $95,617 $100,499 $105,629 $111,005 SENIOR BUYER $79,932 $83,999 $88,300 $92,799 $97,520 $102,501 SENIOR CIVIL ENGINEER $117,346 $123,353 $129,619 $136,232 $143,191 $150,483 SENIOR CONTRACT ADMINISTRATOR $100,042 $105,147 $110,498 $116,147 $122,080 $128,284 SENIOR GIS ANALYST $112,204 $117,939 $123,934 $130,262 $136,912 $143,883 SENIOR LANDSCAPE COORDINATOR $100,042 $105,147 $110,498 $116,147 $122,080 $128,284 SENIOR LEGAL ASSISTANT $76,805 $80,711 $84,839 $89,165 $93,714 $98,497 SENIOR PAYROLL SPECIALIST $80,723 $84,851 $89,177 $93,726 $98,509 $103,540 SENIOR PLAN CHECK ENGINEER $117,346 $123,353 $129,619 $136,232 $143,191 $150,483 SENIOR PLANNER $101,550 $106,741 $112,155 $117,890 $123,909 $130,213 SR FIRE INSPECTION SPECIALIST $94,702 $99,547 $104,603 $109,942 $115,554 $121,437 612
7 APPENDIX A (CONTINUED)
ORANGE MANAGEMENT ASSOCIATION
ANNUAL SALARY RANGES
CLASSIFICATION A/1 B/2 C/3 D/4 E/5 F/6
SR WATER QUALITY INSPECTOR $85,284 $89,647 $94,196 $99,004 $104,059 $109,361
TRAFFIC OPERATIONS
SUPRNTENDNT $94,233 $99,053 $104,084 $109,398 $114,973 $120,831 TREE SERVICES COORDINATOR $90,537 $95,172 $100,005 $105,109 $110,474 $116,110 WATER MAINTENANCE SUPERVISOR $85,284 $89,647 $94,196 $99,004 $104,059 $109,361 WATER QUALITY INSPECTOR $77,188 $81,119 $85,259 $89,610 $94,183 $98,979 613
Agenda Item
Orange City Council
Item #: 3.27. 4/28/2026 File #: 26-0216
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Alan Velasco, Fire Chief
1. SUBJECT
Adoption of the 2025 City of Orange Local Hazard Mitigation Plan
2. SUMMARY
The City of Orange has completed an update to its Local Hazard Mitigation Plan, consistent with federal requirements under the Disaster Mitigation Act of 2000. The Local Hazard Mitigation Plan identifies hazards, vulnerabilities, and mitigation strategies to reduce long-term risk to people, property, and critical infrastructure.
The Plan has been submitted to the Federal Emergency Management Agency for review and is currently pending approval. Adoption of the Local Hazard Mitigation Plan at this time allows the City to maintain eligibility for federal hazard mitigation grant funding. The Resolution includes Federal Emergency Management Agency-required language allowing for adoption prior to final approval, with the understanding that any required revisions will not necessitate re-adoption.
3. RECOMMENDED ACTION
Adopt Resolution No. 11666. A Resolution of the City Council of the City of Orange adopting the 2025 Local Hazard Mitigation Plan.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Objective1.12: Update the Local Hazard Mitigation Plan to enhance emergency management planning capabilities
6. DISCUSSION AND BACKGROUND
The Disaster Mitigation Act of 2000 requires local jurisdictions to adopt a Federal Emergency Management Agency (FEMA)-approved hazard mitigation plan to remain eligible for federal mitigation funding. The City of Orange’s 2025 Local Hazard Mitigation Plan (LHMP) is a comprehensive update to the prior plan and was developed in coordination with City departments, stakeholders, and the public.
City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.27. 4/28/2026 File #: 26-0216
The LHMP includes:
· A hazard identification and risk assessment
· Vulnerability analysis of City assets and populations · Mitigation goals and actions
· Integration with the City’s Emergency Operations Plan (EOP) and General Plan Safety Element
The Plan has been submitted to FEMA and is currently under review. FEMA allows jurisdictions to adopt plans prior to final approval, provided the resolution includes language acknowledging that revisions may be required. This ensures there is no lapse in grant eligibility.
Upon FEMA approval, the LHMP will become effective for a five-year period. Any future updates will require separate Council adoption.
7. ATTACHMENTS
· Resolution No. 11666
· 2025 City of Orange Local Hazard Mitigation Plan
City of Orange Page 2 of 2 Printed on 4/23/2026
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Agenda Item
Orange City Council
Item #: 3.27. 4/28/2026 File #: 26-0216
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Alan Velasco, Fire Chief
1. SUBJECT
Adoption of the 2025 City of Orange Local Hazard Mitigation Plan
2. SUMMARY
The City of Orange has completed an update to its Local Hazard Mitigation Plan, consistent with federal requirements under the Disaster Mitigation Act of 2000. The Local Hazard Mitigation Plan identifies hazards, vulnerabilities, and mitigation strategies to reduce long-term risk to people, property, and critical infrastructure.
The Plan has been submitted to the Federal Emergency Management Agency for review and is currently pending approval. Adoption of the Local Hazard Mitigation Plan at this time allows the City to maintain eligibility for federal hazard mitigation grant funding. The Resolution includes Federal Emergency Management Agency-required language allowing for adoption prior to final approval, with the understanding that any required revisions will not necessitate re-adoption.
3. RECOMMENDED ACTION
Adopt Resolution No. 11666. A Resolution of the City Council of the City of Orange adopting the 2025 Local Hazard Mitigation Plan.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Objective1.12: Update the Local Hazard Mitigation Plan to enhance emergency management planning capabilities
6. DISCUSSION AND BACKGROUND
The Disaster Mitigation Act of 2000 requires local jurisdictions to adopt a Federal Emergency Management Agency (FEMA)-approved hazard mitigation plan to remain eligible for federal mitigation funding. The City of Orange’s 2025 Local Hazard Mitigation Plan (LHMP) is a comprehensive update to the prior plan and was developed in coordination with City departments, stakeholders, and the public.
City of Orange Page 1 of 2 Printed on 4/23/2026
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Item #: 3.27. 4/28/2026 File #: 26-0216
The LHMP includes:
· A hazard identification and risk assessment
· Vulnerability analysis of City assets and populations · Mitigation goals and actions
· Integration with the City’s Emergency Operations Plan (EOP) and General Plan Safety Element
The Plan has been submitted to FEMA and is currently under review. FEMA allows jurisdictions to adopt plans prior to final approval, provided the resolution includes language acknowledging that revisions may be required. This ensures there is no lapse in grant eligibility.
Upon FEMA approval, the LHMP will become effective for a five-year period. Any future updates will require separate Council adoption.
7. ATTACHMENTS
· Resolution No. 11666
· 2025 City of Orange Local Hazard Mitigation Plan
City of Orange Page 2 of 2 Printed on 4/23/2026
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RESOLUTION NO. 11666
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING THE
2025 LOCAL HAZARD MITIGATION PLAN
WHEREAS, the City Council of the City of Orange recognizes the threat that natural hazards pose to people and property within the City of Orange; and WHEREAS, the City of Orange has prepared a multi-hazard mitigation plan, hereby known as the 2025 Local Hazard Mitigation Plan, in accordance with federal laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended; the National Flood Insurance Act of 1968, as amended; and the National Dam Safety Program Act, as amended; and
WHEREAS, the 2025 Local Hazard Mitigation Plan identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in the City of Orange from the impacts of future hazards and disasters; and
WHEREAS, adoption by the City Council of the City of Orange demonstrates its commitment to hazard mitigation and achieving the goals outlined in the 2025 Local Hazard Mitigation Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:
Section 1. In accordance with the City Council’s authority and procedures for adopting resolutions, the City Council adopts the 2025 Local Hazard Mitigation Plan.
Section 2. The City acknowledges that plan content specific to the City of Orange may require revisions to satisfy external review and approval requirements, and the City Council intends that administrative, non-substantive revisions made after adoption to obtain such approval will not require the City to re-adopt subsequent iterations of the plan.
Section 3. Subsequent plan updates prepared after the approval period for this plan will be presented to the City Council for consideration and, if approved, will require adoption by separate resolution.
ADOPTED this day of , 2026
Daniel R. Slater, Mayor, City of Orange
618
2 ATTEST:
Pamela Coleman, City Clerk, City of Orange
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 day of , 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
619
CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
i
620
CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
ii
TABLE OF CONTENTS
TABLE OF CONTENTS .....................................................................................................................II SECTION 1: INTRODUCTION........................................................................................................1
1.1 Hazard Mitigation Planning...................................................................................................1
1.2 Local Mitigation Planning Requirements ............................................................................2
1.3 Hazard Mitigation Plan Description ....................................................................................3
1.4 Assembly Bill 2140.................................................................................................................4
1.5 Grant Programs with Mitigation Plan Requirements ........................................................4 SECTION 2: PLANNING PROCESS ...............................................................................................6
2.1 Plan History..............................................................................................................................6
2.2 Plan Purpose and Authority...................................................................................................6
2.3 Planning Process Description ................................................................................................7
2.4 Planning Team ..........................................................................................................................7
2.5 Planning Team Activities.........................................................................................................8
2.6 Other Jurisdictions Agency/Organizational Participation ...............................................8
2.7 Community Engagement........................................................................................................9
2.8 Incorporation into Other Planning Mechanisms ............................................................. 10
2.9 Review of Existing Plans, Reports, Technical Documents, and Data.......................... 10 SECTION 3: COMMUNITY PROFILE......................................................................................... 14
3.1 Location.................................................................................................................................. 14
3.2 Community Overview ......................................................................................................... 15
3.3 Geology .................................................................................................................................. 17
3.4 Climate ................................................................................................................................... 17
3.5 History.................................................................................................................................... 17
3.6 Government........................................................................................................................... 18
3.7 Economy................................................................................................................................. 18
3.8 Demographics ....................................................................................................................... 19
3.9 Land Use ................................................................................................................................ 20 621
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3.10 Changes in Development................................................................................................. 21 SECTION 4: HAZARD IDENTIFICATION.................................................................................. 23
4.1 Hazard Analysis..................................................................................................................... 23
4.2 Disaster Proclamation History and Process .................................................................... 23
4.3 Hazard Identification ........................................................................................................... 25
4.4 Hazard Risk Rating ............................................................................................................... 32
4.5 Hazard Profiles...................................................................................................................... 35
4.5.1 Climate Change............................................................................................................. 36
4.5.2 Dam Failure .................................................................................................................... 43
4.5.3 Drought........................................................................................................................... 47
4.5.4 Earthquake/Geological Hazards ................................................................................ 54
4.5.5 Fire................................................................................................................................... 62
4.5.6 Flooding.......................................................................................................................... 69
4.5.7 Landslide/Erosion ......................................................................................................... 76
4.5.8 Pandemic ........................................................................................................................ 80
4.5.9 Severe Weather (Sever Wind, Extreme Heat, Winter Storm)............................... 85
4.5.10 Tree Mortality.............................................................................................................. 92
4.5.11 Human Caused Hazards............................................................................................ 95
4.5.12 Infrastructure Failure (Building Collapse/Water System Failure) ....................106 SECTION 5: RISK ASSESSMENT...............................................................................................108
5.1 Risk Assessment .................................................................................................................108
5.2 Populations At Risk ............................................................................................................108
5.3 Critical Facilities and Facilities of Concern....................................................................108
5.4 Analysis of Potential Losses by Hazard ..........................................................................111 Climate Change...................................................................................................................111 Dam Failure..........................................................................................................................112 Drought ................................................................................................................................115 Earthquake/Geological Hazards ......................................................................................116 Severe Weather (Severe Winds, Extreme Heat, Winter Storm) ................................119 Flooding................................................................................................................................122 Fire.........................................................................................................................................124 Landslide/Erosion...............................................................................................................129 622
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Pandemic..............................................................................................................................132 Tree Mortality......................................................................................................................132 Human-Caused Hazards ...................................................................................................133 Infrastructure Failure (Building Collapse/Water System Failure) ..............................136 SECTION 6: CAPABILITY ASSESSMENT.................................................................................138
6.1 Existing Authorities, Policies, Programs, and Resources ............................................138
6.2 National Flood Insurance Program Participation .........................................................150 SECTION 7: MITIGATION STRATEGY.....................................................................................151
7.1 Hazard Mitigation Statement...........................................................................................151
7.2 Hazard Mitigation Goals and Objectives.......................................................................151
7.3 Mitigation Actions/Projects and Implementation Strategy .......................................152
7.4 Previous Mitigation Actions/Projects Assessment......................................................152
7.4.1 New Mitigation Actions.............................................................................................157
7.4.2 Mitigation Action Plan ...............................................................................................158
7.5 Incorporation into Other Plans ........................................................................................160 SECTION 8: PLAN IMPLEMENTATION AND MAINTENANCE.........................................168
8.1 Monitoring and Evaluation...............................................................................................168
8.2 Plan Update.........................................................................................................................168
8.3 Continued Public Involvement ........................................................................................169 APPENDIX A – LOCAL MITIGATION PLAN REVIEW TOOL..............................................171 APPENDIX B – PLANNING TEAM MEETING/STAKEHOLDER DOCUMENTATION..172 APPENDIX C – PUBLIC ENGAGEMENT DOCUMENTATION...........................................188 APPENDIX D – ACRONYMS AND ABBREVIATIONS..........................................................206 623
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1 SECTION 1: INTRODUCTION
The City of Orange (City) has prepared this update to its Local Hazard Mitigation Plan (LHMP) in order to assess the natural, technological, and human-caused risks to the City to reduce the potential impact of the hazards by creating mitigation strategies (Projects). The 2025 LHMP represents the City’s commitment to create a safer, more resilient, community by taking actions to reduce risk and by committing resources to lessen the effects of hazards on the people and property of the City of Orange.
This plan complies with the Federal Disaster Mitigation Act (2000), Federal Register 44 CFR Parts 201 and 206,which modified the Robert T. Stafford Disaster Relief and Emergency Assistance Act by adding a new section, 322 - Mitigation Planning. This law, as of November 1, 2004, requires local governments to develop and submit hazard mitigation plans as a condition of receiving Hazard Mitigation Grant Program (HMGP) and other mitigation project grants. The Fire Department has coordinated preparation of the LHMP in cooperation with other City departments, community stakeholders, partner agencies, and members of the public.
This introduction to the LHMP provides a brief description of hazard mitigation planning, local mitigation plan requirements, and an outline of the 2025 LHMP. There is also an overview of Federal Emergency Management Agency (FEMA) programs and grants related to hazard mitigation.
1.1 Hazard Mitigation Planning
Hazard mitigation is any sustained action taken to reduce or eliminate the long-term risk to human life and property from hazards. In general, hazard mitigation is done to minimize the impact of a hazard event before they occur, with the goal of reducing losses from future disasters. The purpose of mitigation planning is for local governments to identify the hazards that impact them; to identify actions and activities to reduce losses from those hazards; and to establish a coordinated process to implement the plan, taking advantage of a wide range of resources.
For the City of Orange, hazard mitigation planning is a process in which the City will:
• Identify and profile hazards that affect the local area • Analyze the population and facilities at risk from those hazards • Develop a mitigation strategy and actions to lessen or reduce the impact of the hazards profiled
• Implement the strategy and actions that may involve planning, policy changes, programs, projects, and other activities
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2 The City’s implementation of mitigation actions, which may be short-term or long-term strategies, is the primary objective of the planning process. This type of planning will supplement the City’s comprehensive emergency management program.
1.2 Local Mitigation Planning Requirements
Hazard mitigation planning is governed by the Stafford Act, as amended by the Disaster Mitigation Act of 2000 (DMA 2000), and by federal regulations implementing the Stafford Act. DMA 2000 revised the Stafford Act to require state, local, and tribal governments to develop and submit to FEMA a mitigation plan that outlines processes for identifying the natural hazards, risks, and vulnerabilities of the jurisdiction. Plan approval by FEMA is a prerequisite to receiving federal hazard mitigation grant funds.
FEMA promulgated 44 CFR Part 201, the federal regulations governing the planning process, plan content, and the process for obtaining approval of the plan from FEMA to implement the mitigation planning requirements of the Stafford Act. The planning requirements set forth in the CFR are identified throughout this plan mirroring the order of the FEMA Regulation Checklist in the Local Mitigation Plan Review Tool.
Federal law and the State of California’s requirements for hazard mitigation plans require coverage of only natural hazards. The City’s 2016 Hazard Mitigation Plan does not include technological and human- caused hazards. For the 2025 plan, the planning team decided to cover both natural and technological/human-caused hazards, including a description and analysis of each hazard.
FEMA has produced a Local Mitigation Plan Review Tool, which has been tailored by Region IX as an appendix to the Local Mitigation Planning Handbook (2023), to demonstrate how the mitigation plan meets the regulation in 44 CFR § 201.6 and offers State and FEMA Mitigation Planners an opportunity to provide feedback to the jurisdiction. The Plan Review Tool has a regulation checklist that provides a summary of FEMA’s evaluation of whether the plan has addressed all requirements. Local planners can also use the checklist prior to submitting the plan for approval to ensure they have addressed all the requirements. The Local Mitigation Plan Review Tool Regulation Checklist is provided in Appendix A of this document.
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3 1.3 Hazard Mitigation Plan Description
The 2025 LHMP consists of the sections and appendices described below:
Table 1-1: Plan Sections, Appendices, and Descriptions
Section 1: Introduction Section 1 includes an introduction to hazard mitigation planning, lists the LHMP planning requirements, provides a description of the plan, and discusses grants related to hazard mitigation.
Section 2: Hazard
Mitigation Planning
Organization and
Process
Section 2 describes the planning process for the 2025 LHMP, including an overview of how the LHMP was prepared,
identification of the LHMP planning team, involvement of outside agencies and communities, the inclusion of related plans, reports, and information, and stakeholder and public outreach activities.
Section 3: Planning Area
Description
Section 3 includes a description of the natural and built state of the City, including climate, geography, demographics, land use, and economic conditions.
Section 4: Hazard
Identification
Section 4 provides a list of the hazards identified in the 2025 LHMP, a profile of each hazard and hazard summary, and a risk assessment of the planning area.
Section 5: Risk
Assessment
Section 5 identifies the City’s risk to each identified hazard by evaluating potential impacts to infrastructure and the built environment.
Section 6: Capabilities
Assessment
Section 6 identifies and evaluates the resources available to the City for hazard mitigation within the City.
Section 7: Mitigation
Strategy
Section 7 identifies and evaluates the current, ongoing, and completed mitigation projects and programs in the City and lists mitigation strategies for reducing potential losses.
Section 8: Plan
Implementation and
Maintenance
Section 6 describes procedures for updating the LHMP to keep it current and for continued public engagement in the planning process.
Appendix A Appendix A contains the FEMA Local Mitigation Plan Review Tool, which documents the City’s compliance with the local hazard mitigation plan requirements of 44 CFR Part 201.
Appendix B Appendix B contains documentation of the planning process for the planning team, including invitations, attendee lists, meetings minutes, presentations, emails, etc.
Appendix C Appendix C contains documentation of the planning process, including surveys, social media outreach and opportunity for comment for the stakeholders and public, and other
stakeholder/public outreach efforts.
Appendix D Appendix D lists acronyms and abbreviations used in the 2025 LHMP.
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4 1.4 Assembly Bill 2140
The California Disaster Assistance Act limits the state share for any eligible project to no more than 75% of total state eligible costs, except that the state share shall be up to 100% of total state eligible costs connected with certain events. AB 2140 prohibits the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan in accordance with the federal DMA 2000 as part of the safety element of its general plan, in which case the Legislature may provide for a state share of local costs that exceeds 75% of total state eligible costs.
The California Government Code, Sections 8685.9 and 65302.6, allow for the State Legislature to provide for a state share of local costs that exceeds 75% of total state eligible costs where the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan in accordance with the federal Disaster Mitigation Act of 2000 (P.L.106-390) as part of the safety element of its general plan adopted pursuant to subdivision (g) of Section 65302.
1.5 Grant Programs with Mitigation Plan
Requirements
Currently, three FEMA grant programs provide funding to local entities that have a FEMAapproved local hazard mitigation plan meeting federal hazard mitigation plan requirements.
One of the grant programs is authorized under the Stafford Act. The remaining two programs are authorized under the National Flood Insurance Act.
1.5.1 Stafford Act Grant Programs
Funding is provided to state, local, and tribal governments that have an approved Hazard Mitigation Plan through the following programs.
Hazard Mitigation Grant Program (HMGP)
The HMGP provides grants to implement long-term hazard mitigation measures after declaration of a major disaster. The purpose of the HMGP is to reduce the loss of life and property due to natural disasters and to enable mitigation measures to be implemented during the immediate recovery from a disaster. To qualify for HMGP funding, projects must provide a long-term solution to a problem and the project’s potential savings must exceed the cost of implementing the project.
HMGP funds may be used to protect either public or private property or to purchase property that has been subjected to, or is in danger of, repetitive damage. The amount of funding available for the HMGP under a particular disaster declaration is limited. Under the program, the federal government may provide a state or tribe with up to 20% of the 627
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5 total disaster grants awarded by FEMA and may provide up to 75% of the cost of projects approved under the program.
1.5.2 National Flood Insurance Act Programs
Flood Mitigation Assistance Grant Program
The goal of the Flood Mitigation Assistance (FMA) Grant Program is to reduce or eliminate flood insurance claims under the National Flood Insurance Program (NFIP). This program places emphasis on mitigating repetitive loss (RL) properties. The primary source of funding for the FMA program is the National Flood Insurance Fund. Grant funding is available for planning, project, and technical assistance. Project grants are awarded to local entities to apply mitigation measures to reduce flood losses to properties insured under the NFIP.
The cost- share for this grant is 75% federal and 25% nonfederal. However, a cost-share of 90% federal and 10% nonfederal is available in certain situations to mitigate severe repetitive loss (SRL) properties.
Repetitive Flood Claims Program
The Repetitive Flood Claims (RFC) Program provides funding to reduce or eliminate the long-term risk of flood damage to residential and non-residential structures insured under the NFIP. Structures considered for mitigation must have had one or more claim payments for flood damage. All RFC grants are eligible for up to 100% federal assistance. 628
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6 SECTION 2: PLANNING PROCESS
The requirements for documentation of the LHMP planning process are described below.
This section summarizes the planning area’s hazard mitigation planning efforts in 2025. In addition, the section describes public and stakeholder outreach efforts as part of the LHMP planning process. The section also summarizes the review and incorporation of existing plans, studies, and reports used to develop the LHMP. Documentation of the 2025 LHMP planning process for the Hazard Mitigation Planning Team is provided in Appendix B, and documentation of the process for the public and stakeholders involvement is found in Appendix C. These appendices document the planning meetings and outreach and include meeting agendas, presentation, minutes, social media materials and other documentation used to conduct the planning process.
The planning process began with the City establishing the planning team and emailing stakeholders within the planning area to invite them to participate in the process. The City also posted a notice on its website announcing the planning process that contained a mechanism to provide input and feedback.
2.1 Plan History
The 2025 LHMP is an update of the 2016 Plan. It addresses and consolidates hazards analyzed in the previous plan and adds new hazards such as Tree Mortality and CyberAttack. The 2025 LHMP incorporates various mitigation actions listed in the 2016 version as they are ongoing and still relevant; and adds new mitigation measures.
2.2 Plan Purpose and Authority
The purpose of the LHMP is to identify natural and human-caused hazards that impact the City, to assess the vulnerability and risk posed by those hazards to City-wide human and structural assets, to develop strategies for mitigation of those identified hazards, to present future maintenance procedures for the plan, and to document the planning process. The Plan is prepared in compliance with DMA 2000 requirements and represents an updated LHMP.
The requirements for adopting this LHMP by all local governing bodies, as set forth in the Stafford Act and as amended by DMA 2000 and its implementing regulations, are described below. The local planning requirements are documented throughout the LHMP and in Appendix A, FEMA Local Mitigation Plan Review Tool.
Funding for the development of the Plan was provided by the Hazard Mitigation Grant Program. Tandem Solutions was retained by the City to provide consulting services in guiding the planning process and plan development.
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7 2.3 Planning Process Description
In February 2025, the planning process for the 2025 LHMP began. Select staff from various departments in the City, and other stakeholders were invited to join the Hazard Mitigation Planning Team to develop the 2025 LHMP. Documentation of participant outreach is located in Appendix B. A list of members of the Planning Team is located in Table 2-1.
Email solicitations were sent to stakeholders and cities surrounding Orange, requesting participation in the LHMP planning process. Documentation of the emails is contained in Appendix B.
2.4 Planning Team
Members of the LHMP planning team are listed in Table 2-1 below.
Table 2-1: LHMP Planning Team
Department or Agency Member Name Key Role
City Attorney’s Department Nathalie Adourian Planning Team Member Community Services Robert Ambriz Jr. Planning Team Member Community Services Aida Cuevas Planning Team Member
Water Division Jose Diaz Planning Team Member
Fire Department Stephen Fan Planning Team Member
Risk Management Janet Flores Planning Team Member
Water Division Rick Hurtado Planning Team Member
Police Department Adam Jevec Planning Team Member
Public Works Matthew Lorenzen Planning Team Member
Community Development Anna Pehoushek Planning Team Member Information Technology Steven Scardina Planning Team Member Human Resources Shelby Alley Planning Team Member
City Manager’s Department Charlene Cheng Planning Team Member Fire Department Megan Berumen City Project Manager
Fire Department Robert Prendergast Planning Team Member Fire Department Douglas Yates Planning Team Member
Tandem Solutions Francisco Soto Consultant Project Manager 630
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8 2.5 Planning Team Activities
Three meetings were held with the planning team: representatives from the City held the responsibility of chairing the planning team. The City project manager reviewed all documents and sent out meeting notices via Microsoft Outlook email. Appendix B documents the LHMP planning activities. The planning team’s responsibility included providing feedback on hazards that affect the planning area, reviewing drafts of the plan, and participating in developing mitigation activities. Table 2-2 provides a summary of the planning meetings.
Table 2-2: Planning Activities
Date Activity Purpose
February 10,
2025
Project Kickoff/Planning MeetingIntroduce core Planning Team members, review the project management plan, and review the
planning process and timeline.
March 4, 2025 LHMP Planning Team Describe the regulatory issues of LHMP, the value of them, and the LHMP planning process. Review
hazards and potential impacts.
May 7, 2025 LHMP Planning Team Review potential hazards and select those that pose risks. Use CPRI. Review status of 2016
mitigation activities and update status. Review
data-collection-sheet inputs, begin to develop
potential mitigation activities.
Request information for hazard analysis and
potential losses. Review risk assessment and
potential losses. Develop draft mitigation goals
and actions. Review past plan mitigation activities
2.6 Other Jurisdictions Agency/Organizational
Participation
External organizations participated in planning process. They were invited via an Microsoft Outlook email to participate in the planning team and provide input during the plan development process. Stakeholders provided input on past hazards that have affected the planning area, organizational specific changes, and input to hazard analysis. Appendix C documents their engagement. Table 2-3 lists the organizations and attendees.
Table 2-3: Organization Participation
Organization Staff
Chapman University Ricardo Gonzalez
Rady’s Children Hospital of Orange County Christopher Riccardi 631
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9 UCI Health John Case
Chamber of Commerce Connie Benson
Orange County Transportation Authority Nick Boonmag
Orange County Fire Authority Kyle Kuzma
Orange County Health Care Coalition Chad Cossey
Orange County Sheriff – Emergency Management Division Christian Maurice Hobbs Orange County Social Services Agency Ethan Brown
Irvine Company Jennifer Le
Red Cross – Orange County Monica Ruzich
Water Emergency Response Team of Orange County Gabby Landeros City of Westminster Anna Burton
City of Costa Mesa Delcie Hynes
Copies of the draft LHMP were provided to the City Planning Team and distributed to the public for their review. Comments received from these partners are incorporated in the final draft of the LHMP and are documented in Appendix C.
2.7 Community Engagement
Once the planning process commenced, the City provided public notification through its website, press releases, and social media accounts. Additionally, the City conducted an online survey to solicit input on the hazards that the city faces and the types of mitigation activities the City should undertake. The draft LHMP was placed on the City website; and hard copies were posted at City Hall and city libraries for public review and comment.
Finally, notification of the draft LHMP review and adoption by the City Council was advertised as required by the Brown Act.
The public survey input from the 53 responders was used to select hazards and rank their priority. Earthquake and Wildfire were ranked as the top two hazards by the public. This input was also used to inform the Calculated Priority Risk Index (CPRI) in Table 4-4. Finally, survey input was used to select mitigation actions. Input from publicly posting the draft LHMP was used to refine the Plan and to prepare it for submission for review. Appendix C contains a full description of the process for and documentation of community outreach efforts and public participation.
On March 19, 2025, the City posted information about the LHMP update process on its website and social media channels; and invited the public to take a Hazard Mitigation Survey to gather information about the public’s knowledge of hazards in the City and their level of preparedness.
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10 2.8 Incorporation into Other Planning
Mechanisms
The LHMP planning process provided the City with an opportunity to review and expand on policies contained in its capital improvement plan (CIP) and other plans. The City views the CIP and the hazard mitigation plan as complementary documents that work together to reduce risk exposure to the residents of its service area. Many of the ongoing recommendations identified in the LHMP are programs or projects that are in the CIP.
The City’s 2026 hazard identification, risk assessment, plan recommendations and mitigation actions will be integrated into the following planning mechanisms. • City of Orange Emergency Operations Plan – Hazards identified in this LHMP will be incorporated into the EOP. Additionally, the City will incorporate training and exercises based on scenarios identified in the LHMP to improve preparedness. • Capital Improvement Plan (CIP) – Mitigation Actions identified in the LHMP will be incorporated into future iterations of the CIP.
• Risk and Resilience Assessment – Hazards identified in the LHMP will be incorporated into the City’s Risk and Resilience Assessment to help inform the scenarios that can impact the City’s water system.
• Community Rating System (CRS) – The City will Integrate LHMP strategies into the CRS to improve floodplain management and potentially lower flood insurance premiums for residents.
Incorporating action items and processes from the 2026 LHMP into various planning documents will be completed as other plans are updated, and new plans are developed.
These efforts may coincide with the Plan Maintenance Method and Schedule activities listed in Section 7.
The community will integrate the Local Hazard Mitigation Plan (LHMP) into existing planning mechanisms, policies, and programs to ensure mitigation strategies are incorporated into day-to-day decision-making. Following adoption by the local governing body, the LHMP will be referenced and incorporated into relevant plans such as the General Plan, Emergency Operations Plan, Capital Improvement Program, and other community planning documents. Local departments including Planning, Public Works, Fire and Emergency Management will coordinate to align mitigation actions with ongoing projects, infrastructure improvements, and regulatory updates. Mitigation actions identified in the LHMP will guide project prioritization and funding requests, including applications for mitigation grants through the Federal Emergency Management Agency. 633
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11 2.9 Review of Existing Plans, Reports, Technical
Documents, and Data
In updating the LHMP, the Planning Team used various resource documents and references. Table 2-4 contains a comprehensive list of guidance, policy tools, existing plans, and authorities incorporated to create the 2025 LHMP.
Table 2-4: Resource Documents and References Reviewed And Incorporated in the Plan Referenced Document or Technical Source Resource
Type
Description of Reference
and Its Use
California State Hazard Mitigation Plan
(2023)
https://www.caloes.ca.gov/wpcontent/uploads/HazardMitigation/Documents/2023-CaliforniaSHMP_Volume-1_11.10.2023.pdf Technical and
Planning
Resource
Provides the State of
California’s Hazard Mitigation
Plan for 2023-2028. Describes
hazards that informed the
hazard analysis and risk
assessment portion of this
LHMP.
County of Orange and Orange County Fire
Authority Local Hazard Mitigation Plan
(2021)
https://www.ocsheriff.gov/sites/ocsd/files/2
022-
03/2021%20County%20of%20Orange%20a
nd%20Orange%20County%20Fire%20Autho
rity%20Local%20Hazard%20Mitigation%20P
lan.pdf
Technical and
Planning
Resource
Describes hazards that
informed the hazard analysis
and risk assessment sections of
this LHMP.
California Energy Commission (2018).
California’s Fourth Climate Change
Assessment
https://www.energy.ca.gov/datareports/reports/californias-fourth-climatechange-assessment Technical and
Planning
Resource
Describes monitoring, analysis,
and modeling of climate as well
as efforts designed to reduce
emissions.
FEMA Dam Safety
https://www.fema.gov/emergencymanagers/risk-management/dam-safety Technical
Resource
Database used in the dam
failure hazard profiling. Used in
the risk assessment.
National Weather Service
https://www.weather.gov/
Technical
Resource
Source for hazard information,
data sets, and historical event
records. Used in the risk
assessment.
United States Geological Survey
Earthquake Hazards Program
https://www.usgs.gov/programs/earthquakehazards
Technical
Data
Source for geological hazard
data and incident data. Used in
the risk assessment.
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12 Table 2-4: Resource Documents and References Reviewed And Incorporated in the Plan Referenced Document or Technical Source Resource
Type
Description of Reference
and Its Use
Western Regional Climate Center
https://wrcc.dri.edu/
Website Data Online resource for climate data
used in climate discussion.
California Department of Conservation
https://www.conservation.ca.gov/cgs/geohaz
ards
Technical and
Planning
Resource
Identifies significant geologic
hazards that exist, or are likely
to exist, so that informed land
use and emergency response
planning decisions can be made.
California Department of Water Resources
https://water.ca.gov/Programs/AllPrograms/Division-of-Safety-ofDams/Inundation-Maps https://fmds.water.ca.gov/webgis/?appid=dam
_prototype_v2
Technical and
Planning
Resource
Provides information on dam
safety, a list of dams within
California and dam inundation
maps for dams in the planning
area.
Federal Emergency Management Agency Technical and
Planning
Resource
Resource for LHMP guidance
(How-To series), floodplain and
flood-related NFIP data
(mapping, repetitive loss, NFIP
statistics), and historic hazard
incidents. Used in the risk
assessment and mitigation
strategy.
Cybersecurity & Infrastructure Security
Agency
https://www.cisa.gov/
Technical and
Planning
Resource
Resource for cybersecurity and
cyberattack guidance, especially
regarding critical infrastructure
and public utilities. Describes
historical cybersecurity
incidents and lessons learned.
Used in the risk assessment and
mitigation strategy.
National Centers for Environmental
Information
https://www.ncdc.noaa.gov/data-access
Technical
Resource
Online resource for weatherrelated data and historic hazard event data. Used in the risk
assessment.
National Integrated Drought Information
System (2025)
https://www.drought.gov/drought/
Technical
Resource
Source for drought-related
projections and conditions.
Used in the risk assessment.
California Energy Commission (2018).
California’s Fourth Climate Change
Assessment https://www.energy.ca.gov/datareports/reports/californias-fourth-climatechange-assessment Technical and
Planning
Resource
Describes monitoring, analysis,
and modeling of climate as well
as efforts designed to reduce
emissions.
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13 Table 2-4: Resource Documents and References Reviewed And Incorporated in the Plan Referenced Document or Technical Source Resource
Type
Description of Reference
and Its Use
California Governor’s Office of Emergency
Services
http://myhazards.caloes.ca.gov/
Technical and
Planning
Resource
Provides a tool for the general
public to discover hazards in
their area (earthquake, flood,
fire, and tsunami) and learn
steps to reduce personal risk.
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14 SECTION 3: COMMUNITY PROFILE
3.1 Location
The City of Orange is in the north-central portion of Orange County, approximately 32 miles southeast of Los Angeles. The city is predominately flat with hills surrounding the City to the north and east. The Santa Ana River generally forms the western boundary, and Santiago Creek traverses the city from the northeast to the southwest. The City of Orange is primarily urban, with the largest land-use being residential. Figure 3-1 provides a map of the City’s boundary.
Figure 3-1: City of Orange Boundary Map
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15 3.2 Community Overview
The City of Orange is located in north-central Orange County, California, approximately 32 miles southeast of Los Angeles (33.7878°N, 117.8531°W). It is bordered by Anaheim to the west, Santa Ana to the south, Tustin to the southeast, and Villa Park to the east.
Covering about 25 square miles, the city has a flat terrain with elevations of 100–400 feet, surrounded by hills to the north and east, including the Peralta Hills, which contribute to landslide and wildfire risks (Sections 4.5.5 and 4.5.7).
The Santa Ana River forms the western boundary, and Santiago Creek flows from northeast to southwest through residential and commercial areas. Both waterways pose flood risks during heavy rainfall (Section 4.5.6). Proximity to the Peralta Hills and El Modena Faults increases seismic vulnerability (Section 4.5.4), and hills to the north and east place parts of the city in the wildland-urban interface, elevating wildfire risks (Section
4.5.5)
Orange is connected to the surrounding region through a complex network of freeways; through Metrolink, a heavy rail commuter system; and through bus transit provided by the Orange County Transportation Authority (OCTA). Shopping centers in Orange include two regional malls. The Outlets at Orange is an open-air retail and entertainment center located on City Drive. The Village at Orange is located on Tustin Street and provides more traditional retail shopping facilities. Various shopping centers exist throughout the city.
The City of Orange is home to Chapman University located in the northern portion of Old Towne, and Santiago Canyon College, located on east Chapman Avenue, just west of Jamboree. Orange Unified School District has grades K-12 which includes several elementary schools, middle schools, and high schools. Numerous private and preschools are located within the city.
Orange is home to a diverse network of hospitals and medical centers that provide comprehensive healthcare services to residents and visitors alike. The City has 1 comprehensive pediatric emergency receiving center, Rady Children’s Health, and 2 emergency receiving centers with one of those centers being a level 1 trauma receiving center (UCI Health). St. Joseph’s Hospital and Rady Children’s Health are located at Main Street and La Veta Avenue; UCI Health, located at Chapman Avenue, and The City Drive; Chapman Global Medical Center, located at Chapman Avenue, east of the 55 Freeway.
The City of Orange consists of a wide range of neighborhoods including Old Towne, the Presidential Tracts, El Modena, the Alphabet Streets, the Eichler Tracts, and Maybury Ranch to name a few. Each neighborhood has a distinctive character and personality ranging from the 1960s home designed by world-renowned developer Joseph Eichler to El Modena’s Latino essence to Old Towne’s Historic District, displaying an abundance of late 19th and early 20th century architectural styles. The city is mostly comprised of single-family homes with the majority built from 1960 to 1969. Housing in Orange has grown steadily throughout the decades and is projected to reach a total of 51,145 housing units by 2035, a 5,900 increase from 2015.
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
16 Figure 3-1 (City of Orange Boundary Map) shows the city’s boundaries, the Santa Ana River, Santiago Creek, major roads (e.g., State Route 55, Interstate 5), and hazard-prone areas. These transportation corridors can become congested during hazard events (Section
3.2). The map aids in understanding flood, seismic, and wildfire vulnerabilities. Orange is primarily urban, with residential areas as the dominant land use, followed by commercial and institutional zones. This location informs the risk assessments and mitigation actions in Sections 4 and 7 to protect residents and infrastructure.
Special Events
Throughout the year, the City of Orange hosts a variety of special events that draw residents and visitors alike. Some of the most notable include:
• Car Show: A community event where custom and classic vehicles are showcased throughout the Plaza, attracting over 15,000 spectators to the charming Downtown Plaza in Old Towne Orange.
• Concerts in the Park: During summer evenings, Hart Park comes alive with free outdoor concerts, offering a variety of music genres for all ages. • May Parade: A beloved tradition, the May Parade winds through the streets of Old Towne, showcasing floats, marching bands, and local organizations. • Street Fair: Held annually over Labor Day weekend in the historic Old Towne Plaza, this event features food, music, and crafts from cultures around the world. • Tree Lighting Event: Every year, the City hosts the Annual Tree Lighting Ceremony and Candlelight Choir Procession.
• Veterans Day Tribute at the Field of Valor: A community event where large numbers of American flags are displayed, each dedicated to a veteran, active-duty service member, or fallen hero, creating a powerful visual tribute to service and sacrifice.
Rush Hour
According to Avrek, rush hour periods in Orange generally align with the broader patterns seen throughout the Orange County metropolitan area. The most congested times are:
• Morning Rush Hour: 7:00 AM – 10:00 AM
• Evening Rush Hour: 4:00 PM – 7:00 PM
The City of Orange is intersected by several significant roadways and freeways, which become bottlenecks during rush hour. During these hours, arterial streets, freeways, and 639
CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
17 intersections experience heightened traffic volumes as commuters travel to and from work, school, and other destinations.
3.3 Geology
The geology of the City of Orange is characterized by diverse formations, reflecting its rich geological history. The area sits on a foundation primarily composed of sedimentary rocks, which have been shaped over millions of years through various geological processes. The surrounding hills are remnants of ancient volcanic activity, contributing to the region's varied topography. Additionally, the city's location near the boundary of the Pacific and North American tectonic plates makes it susceptible to seismic activity, with fault lines running through and near the area. These geological features have significantly influenced the development and land use patterns within the city.
3.4 Climate
Orange enjoys a Mediterranean climate characterized by warm, dry summers and mild, wet winters. The city experiences an average annual temperature of around 70°F (21°C).
Summer temperatures often reach the high 80s°F (30s°C), while winter temperatures rarely drop below 40°F (4°C). The region receives most of its rainfall between November and March, with an annual average of about 14 inches (356 mm). The moderate climate supports a variety of outdoor activities year-round and contributes to the lush vegetation.
3.5 History
Members of the Tongva and Juaneño/Luiseño ethnic group long inhabited this area. After the 1769 expedition of Gaspar de Portolà, an expedition out of San Blas, Nayarit, Mexico, led by Father Junípero Serra, named the area Vallejo de Santa Ana (Valley of Saint Anne).
On November 1, 1776, Mission San Juan Capistrano became the area's first permanent European settlement in Alta California, New Spain.
In 1801, the Spanish empire granted 62,500 acres (253 km2) to José Antonio Yorba, which he named Rancho San Antonio. Yorba's great rancho included the lands where the cities of Olive, Orange, Villa Park, Santa Ana, Tustin, Costa Mesa and Newport Beach stand today.
Smaller ranchos evolved from this large rancho, including the Rancho Santiago de Santa Ana.
Don Juan Pablo Grijalva, a retired known Spanish soldier and the area's first landowner, was granted permission in 1809 by the Spanish colonial government to establish a rancho in "the place of the Arroyo de Santiago.” After the Mexican–American war, Alta California was ceded to the United States by Mexico with the signing of the Treaty of Guadalupe Hidalgo in 1848, and though many Californians lost titles to their lands in the aftermath, Grijalva's descendants retained ownership through marriages to Anglo-Americans. 640
CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
18 Since at least 1864, Los Angeles attorneys Alfred Chapman and Andrew Glassell together and separately, held about 5,400 acres along both sides of the Santiago Creek. Glassell also had a 4,000-acre parcel where Costa Mesa is today. Water was the key factor for the location of their town site, which was bordered by Almond Avenue on the south, Lemon Street on the west, Glassell Street on the east, & Maple Avenue on the north. Glassell needed a spot he could irrigate, bringing water down from the Santa Ana Canyon and the quality of the soil may have influenced his choice. Originally the community was named Richland, but in 1873 Richland got a new name. In the book, "Orange, The City 'Around The Plaza" by local historian Phil Brigandi, it states, "In 1873 the town had grown large enough to require a post office, so an application was sent to Washington. It was refused, however, as there was already a Richland, California in Sacramento County. Undaunted, the Richlanders proposed a new name – Orange."
3.6 Government
The City of Orange operates under a council-manager form of government, which blends political leadership from elected officials with professional management provided by an appointed city manager. The city council consists of the mayor and six council members, all of whom are elected by the city's residents. The council is responsible for setting policies, adopting ordinances, and ensuring the city’s overall welfare.
The city manager, appointed by the council, acts as the chief executive officer, overseeing the daily operations of the city, implementing council decisions, and managing municipal staff. This structure ensures that the administrative functions are carried out efficiently while maintaining accountability to the public through the elected council.
3.7 Economy
The economy of the City of Orange is diverse and robust, with significant contributions from various sectors such as healthcare, education, retail, and technology. The city is home to several major medical centers, including UCI Health, Rady Children’s Health, and St.
Joseph Hospital, which provide extensive employment opportunities and attract a large number of healthcare professionals to the region.
Education also plays a critical role in the local economy, with Chapman University being one of the largest employers in the city. The university not only offers numerous jobs but also fosters innovation and entrepreneurship through its various programs and initiatives.
Additionally, the presence of educational institutions supports local businesses, from bookstores to cafes, catering to the needs of students and faculty.
Retail is another vital component of Orange's economy, with the Outlets at Orange and the historic Plaza area serving as major shopping destinations. These retail centers draw visitors from surrounding areas, boosting local revenue and supporting a wide range of businesses, from large national chains to small, independent shops. 641
CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
19 3.8 Demographics
Based on the most recent data, the City of Orange has a diverse and vibrant population.
The city is home to approximately 140,000 residents, with a balanced blend of different age groups. The median age is around 37 years, reflecting a community that includes young professionals, families, and older adults.
The racial and ethnic composition of Orange is diverse, with a significant portion of the population identifying as White (not Hispanic), followed by Hispanic or Latino, Asians, African Americans, and other ethnic groups. The top two languages spoken in the City are English and Spanish.
Education and income levels in Orange are relatively high, with a substantial number of residents holding a bachelor's degree or higher. The median household income is above the national average, indicative of the city's strong economic foundation and the presence of well-paying jobs in sectors such as healthcare, education, and technology.
Housing in Orange is varied, ranging from historic homes in the Plaza area to modern apartments and suburban neighborhoods. The city strives to maintain a balance between growth and preserving its historic charm, ensuring a high quality of life for its residents.
Tables 3-1, 3-2, 3-3 provide an overview of the City’s population, ethnicity, education levels, health, and economic data from the 2023 American Community Survey:
Table 3-1: City of Orange Population and Median House Value Population and Median House Value Percent of Population Total Population 138, 337
Males 50.7%
Females 49.3%
Persons under 5 years, July 1, 2023 5.6%
Persons under 18 years, July 1, 2023 21.0%
Persons 65 years and over, July 1, 2023 14.8%
Median House Value $900,700
Table 3-2: Orange Race and Ethnicity
Race and Ethnicity Percent of Population
White (non-Hispanic) 53.6%
Hispanic or Latino (of any race) 40.0%
Two or More Races 18.1%
Asian 13.1%
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
20 Table 3-2: Orange Race and Ethnicity
Race and Ethnicity Percent of Population
Black 1.6%
American Indian 1.3%
Pacific Islander 0.4%
Table 3-3: Orange Education, Health, and Economy
Education, Health, and Economy Percent of Population
High School Graduate 88.1%
Bachelor’s Degree 40.1%
With a disability, under age 65 years, percent, 2019-
2023
5.7%
In civilian labor force, total, percent of population age 16 years+, 2019-2023
66.8%
Median household income (in 2023 dollars), 2019-2023 116,945 Persons in poverty, percent 9.2%
Veterans, 2019-2023 3,971 or 2.8%
3.9 Land Use
Land use in the City of Orange is carefully planned to balance residential, commercial, and recreational spaces, maintaining the city's unique character while accommodating growth.
The city is known for its well-preserved historic districts, particularly the Old Towne Orange Historic District, which features buildings dating back to the early 20th century.
This area is a focal point for both residents and visitors, offering a charming blend of antique shops, dining establishments, and cultural attractions.
Residential areas in Orange vary from quaint, single-family homes to modern apartment complexes. The city prioritizes green spaces and parks, providing residents with ample opportunities for outdoor activities and community gatherings. Santiago Oaks Regional Park and Irvine Regional Park are among the popular spots for hiking, picnicking, and enjoying nature.
Commercial development is strategically located to support local businesses while minimizing traffic congestion and preserving the city's aesthetic appeal. The city council and planning commission work closely with developers to ensure that new projects align with the community's vision and sustainability goals. This collaborative approach has led to the successful integration of new shopping centers, office buildings, and mixed-use developments that cater to the needs of the growing population. 643
CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
21 Industrial zones are primarily situated on the outskirts of the city, limiting any potential disruption to residential neighborhoods. These areas house a variety of manufacturing and tech companies, contributing to the local economy and providing job opportunities for residents.
Public transportation and infrastructure improvements are also key components of Orange's land use strategy. The city's commitment to enhancing mobility includes expanding bike lanes, improving public transit options, and ensuring pedestrian-friendly streetscapes. These efforts aim to reduce traffic congestion, lower emissions, and promote a healthier, more connected community. Figure 3-2, City Land Use Map, is for informational purposes only. The City’s official Zoning Map is on file in the Planning Division, City Hall, City of Orange.
3.10 Changes in Development
Changes in development in the City of Orange reflect a dynamic and forward-thinking approach to urban planning. In recent years, the city has undertaken several initiatives to accommodate its growing population while preserving its historical and cultural heritage.
One significant change has been the increased focus on sustainable development. Orange has implemented policies that encourage the use of green building materials, energyefficient designs, and renewable energy sources in new construction projects. This commitment to sustainability is evident in the city's support for LEED-certified buildings and solar panel installations, which not only reduce environmental impact but also lower energy costs for residents and businesses.
This hazard mitigation plan update assumes that some new development over the performance period occurred in hazard areas. All new development would have been regulated pursuant to local programs and codes, such as the International Building Code and flood damage prevention requirements of the National Flood Insurance Program (NFIP). Therefore, it is assumed that hazard vulnerability did not measurably increase, even if exposure did.
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
22 Figure 3-2: City of Orange Land Use Map
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
23 SECTION 4: HAZARD IDENTIFICATION
This section of the LHMP includes hazard profiles for each hazard identified by the HMPC that poses a threat to the City.
4.1 Hazard Analysis
A hazard analysis consists of identifying, screening, and profiling each hazard. The hazard analysis encompasses natural, human-caused, and technological hazards. Natural hazards result from unexpected or uncontrollable natural events of significant size and destructive power. Human-caused hazards result from human activity and encompass technological hazards. Technological hazards are accidental or result from events with unintended consequences (for example, accidental release of hazardous materials).
The goal of mitigation is to reduce the future impacts of hazards, including loss of life, property damage, disruption to the local economy, and the expenditure of public and private funds for recovery. Hazard identification was conducted as part of the planning process. For the 2025 LHMP, the potential risk for each hazard was rated using the Critical Priority Risk Index (CPRI). The CPRI examines four criteria for each hazard (probability, magnitude/severity, warning time, and duration). Table 4-5 provides the results of the CPRI which were used to both select applicable hazards to include in the LHMP and to determine risk.
4.2 Disaster Proclamation History and Process
Since 1969, Orange County has been included in 39 Disaster Declarations. (Table 4-1).
While the greatest recurring threat is wildfire, the risk of catastrophic earthquake is everpresent. Since the LHMP was last revised in 2016, Orange County has been included in 13 disaster declarations for major winter storms, flooding, pandemic, and wildfires.
Table 4-1: Disaster Declarations for Orange County
Disaster
Number
(Fiscal)
Year
Incident
Type Incident Title
DR-253-CA 1969 Flood SEVERE STORMS & FLOODING
DR-547-CA 1978 Flood COASTAL STORMS, MUDSLIDES & FLOODING DR-566-CA 1979 Flood LANDSLIDES
DR-615-CA 1980 Flood SEVERE STORMS, MUDSLIDES & FLOODING DR-635-CA 1981 Fire BRUSH & TIMBER FIRES
DR-657-CA 1982 Fire URBAN FIRE
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
24 Table 4-1: Disaster Declarations for Orange County
Disaster
Number
(Fiscal)
Year
Incident
Type Incident Title
DR-677-CA 1983 Coastal
Storm
COASTAL STORMS, FLOODS, SLIDES &
TORNADOES
DR-812-CA 1988 Flood SEVERE STORMS, HIGH TIDES & FLOODING DR-799-CA 1988 Earthquake EARTHQUAKE & AFTERSHOCKS
DR-935-CA 1992 Flood RAIN/SNOW/WIND STORMS, FLOODING,
MUDSLIDES
DR-979-CA 1993 Flood SEVERE WINTER STORM, MUD & LAND
SLIDES, & FLOODING
DR-1008-CA 1994 Earthquake NORTHRIDGE EARTHQUAKE
DR-1005-CA 1994 Fire FIRES, MUD/LANDSLIDES, FLOODING, SOIL
EROSION
DR-1046-CA 1995 Severe Storm SEVERE WINTER STORMS, FLOODING
LANDSLIDES, MUD FLOW
DR-1044-CA 1995 Severe Storm SEVERE WINTER STORMS, FLOODING,
LANDSLIDES, MUD FLOWS
DR-1203-CA 1998 Severe Storm SEVERE WINTER STORMS AND FLOODING FM-2405-CA 2002 Fire ANTONIO FIRE
DR-1585-CA 2005 Severe Storm SEVERE STORMS, FLOODING, LANDSLIDES,
AND MUD AND DEBRIS FLOWS
DR-1577-CA 2005 Severe Storm SEVERE STORMS, FLOODING, DEBRIS FLOWS,
AND MUDSLIDES
FM-2630-CA 2006 Fire SIERRA FIRE
FM-2683-CA 2007 Fire 241 FIRE
DR-1731-CA 2008 Fire WILDFIRES, FLOODING, MUD FLOWS, AND
DEBRIS FLOWS
FM-2737-CA 2008 Fire SANTIAGO FIRE
FM-2792-CA 2009 Fire FREEWAY FIRE COMPLEX
DR-1810-CA 2009 Fire WILDFIRES
DR-1952-CA 2011 Flood SEVERE WINTER STORMS, FLOODING, AND
DEBRIS AND MUD FLOWS
FM-5213-CA 2017 Fire CANYON FIRE
DR-4305-CA 2017 Flood SEVERE WINTER STORMS, FLOODING, AND
MUDSLIDES
FM-5223-CA 2018 Fire CANYON 2 FIRE
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
25 Table 4-1: Disaster Declarations for Orange County
Disaster
Number
(Fiscal)
Year
Incident
Type Incident Title
DR-4344-CA 2018 Fire WILDFIRES
DR-4482-CA 2020 Biological COVID-19 PANDEMIC
FM-5383-CA 2021 Fire BOND FIRE
FM-5381-CA 2021 Fire BLUE RIDGE FIRE
FM-5380-CA 2021 Fire SILVERADO FIRE
FM-5439-CA 2022 Fire COASTAL FIRE
DR-4683-CA 2022-
2023
Flood SEVERE WINTER STORMS, FLOODING,
LANDSLIDES, AND MUDSLIDES
DR-4699-CA 2023 Flood SEVERE WINTER STORMS, FLOODING,
LANDSLIDES, AND MUDSLIDES
FM-5538-CA 2024 Fire AIRPORT FIRE
DR-4769-CA 2024 Flood SEVERE WINTER STORMS, FLOODING, AND
MUDSLIDES
4.3 Hazard Identification
A list of all the hazards that had the potential to occur in the City was presented to stakeholders in the first planning team meeting and to the general public through a survey.
The list of hazards was derived from the previous LHMP, the Emergency Operations Plan, the Orange County Local Hazard Mitigation Plan, and the 2023 California State Hazard Mitigation Plan. The 2016 LHMP contained the following hazards:
• Seismic Hazards
• Wildland Fires / Urban Fires
• Extreme Heat
• Drought
• Severe Weather (wind/rain/lightening)
• Hazardous Materials
• Landslides / Expansive Soil / Erosion
• Flood
• Terrorism
• Dam Failure
• Epidemic and Vector Borne Disease
FEMA guidance identifies several hazards that communities should evaluate for inclusion in a hazard mitigation plan. Communities may also consider additional hazards for their plans. The HMPC reviewed all the hazards in Table 4-2, excluding those that do not pose a threat or are not a significant concern to Orange.
Table 4-2 lists the hazards considered and explains the reasoning for inclusion/exclusion.
For context, this table also shows if a hazard is recommended for consideration by FEMA, 648
CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
26 if it is included in the 2023 California State Hazard Mitigation Plan (SHMP), and if it is included in the County of Orange Local Hazard Mitigation Plan (OC HMP).
Table 4-2: Hazard Evaluation for Orange LHMP
Hazard
Recommended
for
Consideration by
Regulatory and
Partner
Agencies
Included
in City of
Orange
2025
LHMP?
Provide a Reason for Inclusion or Exclusion
Agricultural
Pests
SHMP No There are no large agricultural areas in the
community, the HMPC did not identify this
as a hazard of concern for the City.
Air Pollution SHMP No Air pollution is a state and regional issue that is addressed through plans and
regulations administered by the South Coast
Air Quality Management District and/or
California Air Resources Board.
Since the City does not regulate these
resources, the HMPC did not identify this as
a hazard of concern that could be addressed
in this plan.
Aircraft
Incident
SHMP No John Wayne Airport is an Orange County
owned airport located 9 miles South of
central Orange. Given the lack of control
the City has over this asset and few past
incidents associated with aircraft incidents
have occurred, the HMPC determined that
this hazard should not be included in the
plan.
Aquatic
Invasive
Species
SHMP No There are no aquatic invasive species in
Orange that could endanger the community.
Avalanche FEMA guidance
SHMP
No Orange is not located within potential
avalanche zones.
Civil
Disturbance or
Riot
SHMP No Historically, protests have impacted
surrounding jurisdictions but have not
affected Orange. For this reason, the HMPC
did not identify this as a hazard of concern.
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
27 Table 4-2: Hazard Evaluation for Orange LHMP
Hazard
Recommended
for
Consideration by
Regulatory and
Partner
Agencies
Included
in City of
Orange
2025
LHMP?
Provide a Reason for Inclusion or Exclusion
Climate
Change
SHMP
OC HMP
Yes Climate change is discussed as a function of
each relevant hazard and is mentioned
throughout the Plan. Orange has been
impacted and will continue to see impacts
of climate change
Coastal
Flooding and
Storm
FEMA guidance
SHMP
OC LHMP
No Orange is not located along the coast of
California.
Cyber Threats SHMP Yes With the increase in cyber threats occurring throughout California and the nation, the
HMPC is concerned about the potential
effects on vital records, communications,
and infrastructure systems.
Dam Failure FEMA guidance
SHMP
OC LHMP
Yes There are several dams that can potentially
inundate the City. The HMPC identified
dam failure as a hazard of concern.
Drought SHMP
OC LHMP
Yes While the HMPC is confident in the current
hydrologic infrastructure to supply water
for the City, drought can potentially impact
the operations of Orange.
Loss of Power SHMP Yes Orange is at risk of power outages and has experienced them annually. The City works
directly with Southern California Edison to
mitigate potential impacts.
The HMPC identified loss of power as a
hazard of concern.
Epidemic,
Pandemic,
Vector-Borne
Disease
SHMP
OC LHMP
Yes The City like all of Orange County,
experienced significant effects from
previous pandemics. The HMPC identified
Infectious Diseases as a hazard of concern
in the City of Orange.
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
28 Table 4-2: Hazard Evaluation for Orange LHMP
Hazard
Recommended
for
Consideration by
Regulatory and
Partner
Agencies
Included
in City of
Orange
2025
LHMP?
Provide a Reason for Inclusion or Exclusion
Erosion FEMA guidance
SHMP
OC LHMP
Yes Erosion continues to be a problem for the
City. Particularly around the winter season
where storms can erode mountain sides.
HMPC identified erosion as a hazard of
concern for the City.
Expansive Soil FEMA guidance
OC LHMP
No Expansive soils were not identified by the
HMPC as a hazard of concern. While they
could exist, the City requires compliance
with the California Building Code, which is
intended to mitigate hazards associated
with this condition.
Extreme Cold FEMA guidance
SHMP
No Temperatures in the City do not reach a
level that would be considered a danger to
public safety. Due to this, the HMPC did not
identify this as a hazard of concern.
Extreme Heat FEMA guidance
SHMP
OC LHMP
Yes Extreme Heat conditions have occurred
frequently in Orange and is expected to be
a recurring event. Extreme heat was
identified by the HMPC as a hazard of
concern.
Fault Rupture FEMA guidance
SHMP
OC LHMP
Yes There are several faults that can impact
Orange and cause major damage.
The HMPC identifies fault rupture as a
hazard of concern.
Flooding FEMA guidance
SHMP
OC LHMP
Yes Flooding presents a significant challenge for
Orange, affecting its environment,
infrastructure, and community. The effects
of climate change have only exacerbated
the issue.
The HMPC identified flooding as a hazard of
concern included in the Flooding profile.
Fracking SHMP No Fracking does not occur in the City.
Hail FEMA guidance No Hail that is severe enough to pose a threat to people and property is too rare in Orange
to be included.
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
29 Table 4-2: Hazard Evaluation for Orange LHMP
Hazard
Recommended
for
Consideration by
Regulatory and
Partner
Agencies
Included
in City of
Orange
2025
LHMP?
Provide a Reason for Inclusion or Exclusion
Hazardous
Materials
Release
SHMP
OC LHMP
Yes The presence of uses for storing,
manufacturing, disposing, and transporting
hazardous materials was not identified as a
concern for the HMPC.
Hurricane FEMA guidance
SHMP
No Historically, hurricanes do not occur in
Orange. Although Tropical Stom Hillary
impacted the City in August 2023, no
significant damage from Hillary was
reported in Orange.
Infrastructure
Failure
SHMP Yes Infrastructure failure can pose a threat to
people and property in Orange. The HMPC
believed that aging infrastructure can lead
to infrastructure failure.
Landslide FEMA guidance
SHMP
OC LHMP
Yes Landslides associated with earthquakes and
storms can occur in the hilly sections of
Orange.
Levee Failure SHMP No Orange does not have levees in its jurisdiction.
Lightning FEMA guidance
OC LHMP No
Although lightning does occasionally occur
in Orange, it does not pose a significant
threat to people or property.
Liquefaction FEMA guidance
SHMP
OC LHMP
Yes Orange has areas with loose,
unconsolidated sediments, which can be
prone to liquefaction during strong seismic
events.
The HMPC identified liquefaction as a
hazard of concern.
Methane
Containing
Soils
SBC HMP No The City does not have methane- containing
soils that pose a threat to the public health
and safety of residents and businesses. The
HMPC did not identify this as a hazard of
concern to the City.
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
30 Table 4-2: Hazard Evaluation for Orange LHMP
Hazard
Recommended
for
Consideration by
Regulatory and
Partner
Agencies
Included
in City of
Orange
2025
LHMP?
Provide a Reason for Inclusion or Exclusion
Natural Gas
Pipeline
Hazards
SHMP No The City does have a network of natural gas
pipelines throughout the City, but have not
experienced a significant number of
incidents as a result of them. The HMPC did
not identify this as a hazard of concern to
the City.
Oil Spills SHMP No There is no history of oil drilling and extraction within the City. Based on this,
the HMPC did not identify this as a hazard
of concern to the City.
Radiological
Accidents
SHMP No There are no known major sources of
radiation in Orange or the immediate
surrounding area that could pose a serious
threat to the community.
Sea-level Rise FEMA guidance
SHMP
No The City is not located along the coast. The
HMPC did not identify this as a hazard of
concern for the City
Seiche FEMA guidance
SHMP
No There are no major bodies of water in
Orange that could be subjected to seiche.
Seismic
Shaking
FEMA guidance
SHMP
Yes Orange is in a seismically active area where
shaking can be severe enough to damage
property or cause loss of life. For this
reason, the HMPC determined it should be
addressed in this plan.
Severe Wind FEMA guidance Yes Severe Weather includes discussions regarding, severe wind, which are weatherrelated hazards that are most common in Orange.
Severe
Weather and
Storms
FEMA guidance
SHMP
OC LHMP
Yes Severe Weather includes discussions
regarding, severe wind, and rain, and
extreme heat which are weather-related
hazards that are most common in Orange.
Storm Surge FEMA guidance No Orange is not a coastal community that experiences storm surge annually. The
HMPC did not identify this as a hazard of
concern to the City.
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CITY OF ORANGE LOCAL HAZARD MITIGATION PLAN
31 Table 4-2: Hazard Evaluation for Orange LHMP
Hazard
Recommended
for
Consideration by
Regulatory and
Partner
Agencies
Included
in City of
Orange
2025
LHMP?
Provide a Reason for Inclusion or Exclusion
Subsidence FEMA guidance Yes Orange's underlying geology includes sedimentary rocks and tectonic activity,
which can contribute to ground movement.
Subsidence is not discussed as a standalone hazard but rather is a function of the Seismic Hazard profile.
Terrorism SHMP
OC LHMP
Yes The HMPC was concerned about terrorism
incidents posing a threat to public safety.
Thunderstorm SHMP No Thunderstorms that cause damage and endanger public safety are rare in the
Southern California region. The HMPC did
not identify this as a hazard of concern.
Transportation
Accidents
SHMP No Orange does not have a rail or bus system
that would cause a significant number a
accidents. The HMPC did not identify
transportation accidents as a hazard of
concern.
Tornadoes FEMA guidance
SHMP
OCLHMP
No No tornadoes are known to have occurred
in Orange. The HMPC did not identify this
as a hazard of concern.
Tree Mortality SHMP Yes The HMPC did identify this as a hazard of concern.
Tsunami FEMA guidance
SHMP
No Orange is not a coastal community. The
HMPC did not identify this as a hazard of
concern to the City.
Urban Fire SHMP
OC LHMP
Yes Orange has an urban population that can be
impacted by fire. The HMPC identified
urban fires as a risk to property and life in
Orange.
Volcano SHMP No There are no volcanoes near Orange. The HMPC did not identify this as a hazard of
concern to the City
Wildland Fire FEMA guidance
SHMP
OC LHMP
Yes Portions of the City are in the very high fire
danger zone as determined by Cal Fire.
The HMPC identified wildland fire as a
hazard of concern.
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32 Proposed 2025 City of Orange Hazards
Table 4-3: Hazard Profiles in 2025 Plan
Hazard Type Sub-Categories
Climate Change Discussed as a standalone hazard and in all Hazard Categories
Dam Failure
Drought
Earthquake/Geologic Hazards • Seismic Shaking
• Subsidence
• Fault Rupture
• Liquefaction
Fire • Urban Fire
• Wildland Fire
Flooding
Landslide • Erosion
Pandemic
Severe Weather • Severe Wind
• Extreme Heat
• Winter Storm
Tree Mortality
Human-Caused Hazards • Power Outage
• Cyber Attack
• Hazardous Materials
• Terrorism
• Infrastructure Failure
4.4 Hazard Risk Rating
For the 2025 LHMP, the risk for each potential hazard was rated using the CPRI. The CPRI examines four criteria for each hazard (probability, magnitude/severity, warning time, and duration) (Table 4-4). For each hazard, an index value is assigned for each CPRI category from “0” to “4”, with “0” being the least hazardous and “4” being the most hazardous situation. This value is then assigned a weighting factor, and the result is a hazard ranking score (Table 4-5).
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33 Table 4-4: Calculated Priority Risk Index
CPRI
Category
Degree of Risk Chart
Assigned
Weight Level ID Description Index
Value
Probability Unlikely Extremely rare with no documented
history of occurrences or events.
Annual probability of less than 0.001.
1 45%
Possible Rare occurrences with at least one (1)
documented or anecdotal historic event.
Annual probability of between 0.01 and
0.001.
2 Likely Occasional occurrence with at least two (2)
or more documented historical events.
Annual probability of between 0.1 and
0.01. 3
Highly Likely Frequent events with a well-documented
history of occurrence.
Annual probability of greater than 0.1.
4 Magnitude
- Severity
Negligible Negligible property damages (less than 5%
of critical and non-critical facilities and
infrastructure).
Injuries or illnesses are treatable with first
aid, and there are no deaths.
Negligible quality of life lost.
Shut down of critical facilities for less than
24 hours.
1 30%
Limited Slight property damages (greater than 5%
and less than 25% of critical and noncritical facilities and infrastructure).
Injuries and illnesses do not result in
permanent disability, and there are no
deaths.
Moderate quality of life lost.
Shut down of critical facilities for more
than 1 day and less than 1 week.
2 Critical Moderate property damages (greater than
25% and less than 50% of critical and noncritical facilities and infrastructures).
Injuries or illnesses result in permanent
disability and at least one death.
Shut down of critical facilities for more
than 1 week and less than 1 month.
3 656
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34 Table 4-4: Calculated Priority Risk Index
CPRI
Category
Degree of Risk Chart
Assigned
Weight Level ID Description Index
Value
Catastrophic Severe property damages (greater than
50% of critical and non-critical facilities
and infrastructure). Injuries or illnesses
result in permanent disability and multiple
deaths.
Shut down of critical facilities for more
than 1 month.
4 Warning
Time
> than 24
hours
Population receives greater than 24 hours
of warning.
1 15%
12 to 24
hours
Population receives between 12-24 hours
of warning.
2 6 to 12 hours Population receives between 6-12 hours of warning.
3 < than 6 hours Population receives less than 6 hours of warning.
4 Duration < than 6 hours Disaster event will last less than 6 hours. 1 10% 6 to 24 hours Disaster event will last between 6-24
hours.
2 24 hours
to 1 week
Disaster event will last between 24 hours
and 1 week.
3 > than 1 week Disaster event will last more than 1 week. 4 The results of the CPRI are contained in Table 4-5 below:
Table 4-5: Hazard Ranking Results of the CPRI
2025 Proposed Hazards
Probability
Weighted 45%
Magnitude
Severity
Weighted 30%
Warning Time
Weighted 15%
Duration
Weighted 10%
CPRI Ranking
Climate Change 4 1.8 2 .60 1 .15 4 .40 2.95
Cyber Attack 2 .90 4 1.20 4 .60 4 .40 3.10
Dam Failure 1 .45 3 .90 3 .45 2 .20 2.00
Drought 3 1.35 2 .60 1 .15 4 .40 2.50
Earthquake 3 1.35 4 1.20 4 .60 4 .40 3.55
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35 Table 4-5: Hazard Ranking Results of the CPRI
2025 Proposed Hazards
Probability
Weighted 45%
Magnitude
Severity
Weighted 30%
Warning Time
Weighted 15%
Duration
Weighted 10%
CPRI Ranking
Extreme Weather 3 1.35 2 .60 1 .15 3 .30 2.40
Fire (Wild/Urban) 3 1.35 3 .90 4 .60 3 .30 3.15
Flooding 3 1.35 2 .60 2 .30 2 .20 2.45
Hazardous Materials 3 1.35 3 .90 4 .60 2 .20 3.05
Landslide 2 0.90 2 .60 4 .60 1 .10 2.20
Pandemic 2 0.90 4 1.20 2 .30 4 .40 2.80
Power Outage 3 1.35 3 .90 4 .60 2 .20 3.05
Erosion 3 1.35 2 .60 1 .15 3 .30 2.40
Terrorism 3 1.35 4 1.20 4 .60 2 .20 3.35
Tree Mortality 2 .90 1 .30 4. .60 4 .40 2.20
CPRI Hazard Risk Scoring
Risk Level Severe High Moderate Low
Rank Score 3.5 – 4.0 3.0 – 3.4 2 – 2.9 1 – 1.9
Power failure and infrastructure failure has the most immediate and disruptive impacts on the city due to potential interruption of public safety systems and water service to customers.
4.5 Hazard Profiles
The hazards that were identified by the planning team that can potentially impact the City are profiled below. Each hazard profile includes a description of the type, location, extent, previous occurrences, regulatory environment, probability of future event, and Impacts of climate change within the profile. Maps and graphs are used in this plan to display hazard identification data.
The 2025 LHMP lists 11 primary hazards that affect the planning area based on historical information, the presence of the hazard, and the likelihood of future occurrences of the hazard. Hazard profiles serve as the basis for hazard assessment. 658
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36 4.5.1 Climate Change
Hazard Description
The earth’s climate is changing. The State has warmed about 2°F in the last century. Heat waves are becoming more common throughout the southwestern United States, and snow is melting earlier in spring. In the coming decades, changing climate is likely to decrease the Colorado River's water flow, threaten livestock's health, increase the frequency and intensity of wildfires, and convert some rangelands to the desert.
The U.S. Environmental Protection Agency (EPA) describes climate change as “any significant change in the measures of climate lasting for an extended period of time. In other words, climate change includes major changes in temperature, precipitation, or wind patterns, among other effects, which occur over several decades or longer.” Many people confuse climate change with global warming, the recent and ongoing rise in global average temperatures near Earth’s surface. However, global warming represents only one aspect of climate change. Earth’s average temperature has risen by 1.4°F over the past century and is projected to rise another 2.0°F to 11.5°F over the next hundred years.
Rising global temperatures have been accompanied by changes in weather and climate.
Many places have seen changes in rainfall, resulting in more floods, droughts, or intense rain, as well as more frequent and severe heat waves. The planet's oceans and glaciers have also experienced changes, with every glacier and permanent icefield in the State of California receding or melting entirely. Oceans are warming and becoming more acidic, ice caps are melting, and sea levels are rising. The effects of these indicators include:
• Greenhouse Gases: Human activities have increased the emissions of greenhouse gases. As a result of the increase in emissions, the average concentrations of heattrapping gases in the atmosphere are also increasing. • Weather and Climate: Average U.S. and global temperatures are increasing while weather and climate attributes, such as precipitation, drought and tropical cyclone activity, are changing.
• Oceans: Average oceanic temperatures are increasing. Sea levels are rising worldwide due to thermal expansion and increases from ice melting, and waters are becoming more acidic.
• Snow and Ice: Glaciers in the U.S. and worldwide are generally shrinking, while snowfall and snow cover in the U.S. have decreased overall. The extent of the Arctic Sea ice is declining.
• Health and Society: Warmer temperatures and later fall frosts allow ragweed plants to produce pollen later into the year, potentially prolonging allergy season. The length of ragweed pollen season has increased at 10 out of 11 locations studied in the central U.S. and Canada since 1995. The change becomes more pronounced from south to north.
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37 • Ecosystems: Many areas are experiencing earlier spring events, such as peak stream runoff and flower blooms. Bird migration patterns are changing, and wildfire zone size has increased.
History
Climate change has occurred throughout the planet's history due to variations in the earth’s inclination to the sun, volcanic activity, and other factors such as asteroid impacts and the amount of solar radiation reaching the earth’s surface rises and falls. The planet's temperature correlates to the amount of solar radiation arriving at the surface and the climate with it.
In relatively recent history, the last glacial period, popularly known as the Ice Age, occurred from c. 110,000 to 12,000 years ago. This most recent glacial period is part of a larger pattern of glacial and interglacial periods known as the Quaternary glaciation (c. 2,588,000 years ago to present). From this point of view, scientists consider this "ice age" to be merely the latest glaciation event in a much larger ice age that dates back over two (2) million years and is still ongoing.
During this last glacial period, there were several changes between glacier advance and retreat. The Last Glacial Maximum, the maximum extent of glaciation within the last glacial period, was approximately 22,000 years ago. While the general pattern of global cooling and glacier advance was similar, local differences in the development of glacier advance and retreat make it difficult to compare the details from continent to continent. Generally, temperature variation and glaciation patterns have lagged in atmospheric carbon dioxide (CO2) content. Figure 4-1 depicts global variations during the past 400,000 years as a correlation between temperature and atmospheric CO2 content in part per million. 660
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38 Figure 4-1: Temperature and Atmospheric CO2 Variation Past 400,000 Years For 22,000 years, the planet has slowly warmed, and the glaciers retreated to high northern latitudes and mountains. In the last several decades of this period, human activity has likely led to a rapid increase in atmospheric CO2 and a matching rise in global temperature. The result has been that climate change may be accelerating. Figure 4-2 provides a graphical depiction of the recent history of temperature rise.
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39 Figure 4-2: Temperature Rise Since 1880
Location
Warming and climate change are occurring globally with wide variations based on location and latitude. The polar regions have experienced particularly rapid changes in climate with increased ice melt and more sea-ice-free days. Climate change by its very definition is a global phenomenon, and so it is expected to affect the entire City.
Extent
Climate change is likely to affect the entire earth’s population. More widespread drought and associated crop failure, movement of invasive species, more frequent wildfires, increased energy emergencies, and more intense climate events such as storms and extreme heat will occur throughout Orange County.
Specific Likely Impacts On California
Increasing droughts and higher temperatures will affect California’s top agricultural products, including cattle, dairy, and vegetables. Hot temperatures threaten the health of cows and cause them to eat less, grow more slowly, and produce less milk. Livestock operations could also be impaired by fire, the lack of water, and changes in the landscape from grassland to woody shrubs, more typical of a desert. Reduced water availability would also create challenges for irrigated farms, which account for two-thirds of the water used in the state.
Wildfires, changing landscapes, higher temperatures, and drought are likely to increase the 662
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40 severity, frequency, and extent of wildfires which could harm property, livelihoods, and human health. On average, more than 2% of the land in California has burned per decade since 1984. Wildfire smoke can reduce air quality and increase medical visits for chest pains, respiratory problems, and heart problems. The combination of more fires and drier conditions may expand deserts and otherwise change parts of California’s landscape. Many plants and animals living in arid lands are already near the limits of what they can tolerate.
A warmer and drier climate would generally extend deserts to higher elevations and expand their geographic ranges.
A dryer, hotter climate with more frequent droughts, combined with urban and agricultural water demands may result in lower water tables as aquifers are depleted faster than they are replenished.
In some cases, native vegetation may persist and delay or prevent the expansion of the desert. In other cases, fires or livestock grazing may accelerate the conversion of grassland to desert in response to a changing climate. For similar reasons, some forests may change to deserts or grassland.
Warmer and drier conditions make forests more susceptible to pests. Drought reduces the ability of trees to defend against attacks from pests such as bark beetles which have infested 100,000s of acres in California. Temperature controls the life cycle and winter mortality rates of many pests. With higher winter temperatures, some pests can persist year-round, and new pests and diseases may become established.
Hot days can be unhealthy, even dangerous. Certain people are especially vulnerable, including children, the elderly, the sick, and the poor. High air temperatures can cause heat stroke and dehydration and affect people’s cardiovascular, respiratory, and nervous systems. Higher temperatures are amplified in urban settings where paved and other surfaces tend to store heat. Construction crews may have to increasingly operate on altered time schedules to avoid the heat of the day.
Rising temperatures can increase the formation of ground-level ozone, a key component of smog. Ozone has various health effects, aggravates lung diseases such as asthma, and increases the risk of premature death from heart or lung disease. The U.S. EPA and the California Air Resources Board have been working to reduce ozone concentrations. As the climate changes, continued progress toward clean air will be more difficult.
Probability of Future Events
Climate change is an ongoing, long-term hazard. The effects of increased CO2 in the atmosphere will increase and persist for hundreds or thousands of years. It is likely (75% Chance) that Orange will be affected by the result of climate change every year.
Regulatory Context
The State of California has stepped into a leadership role in planning for reducing greenhouse gas emissions and adapting to the potential impacts of climate change. Key 663
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41 laws, regulations, and policies helping to reduce Greenhouse Gas (GHG) emissions include:
The California Global Warming Solutions Act of 2006 (Assembly Bill [AB] 32 and Senate Bill [SB] 32): AB 32 is the primary legislation that has driven GHG regulation and analysis in California between 2006 and 2016 by instructing the California Air Resource Board (CARB) to develop and enforce regulations for reporting and verifying statewide GHG emissions. The heart of the bill is the requirement that statewide GHG emissions be reduced to 1990 levels by 2020. Based on CARB’s calculations of emissions levels, California must reduce GHG emissions by approximately 15% below 2005 levels to achieve this goal. In September 2016, the Governor signed SB 32, which builds upon the statewide targets for 2020 by establishing a longer-term target so that “statewide greenhouse gas emissions are reduced to 40% below the 1990 levels by 2030.” The bill further authorized CARB to adopt regulations to achieve the maximum technologically feasible and costeffective greenhouse gas emissions reductions.
California Executive Orders S-3-05 (2005) and B-30-15 (2015): These two executive orders highlight longer-term GHG emissions reduction targets for the state, though such targets have not yet been adopted by the legislature and signed into law. Specifically, Executive Order (EO) S-3-05 seeks to achieve a reduction of GHG emissions of 80% below 1990 levels by 2050, consistent with the scientific consensus that developed regions will need to reduce emissions at least 80% below 1990 levels to limit global warming to 2.0°C.
Executive Order B-30-15 seeks to establish an interim target between the 2020 target established through AB 32 and the long-term targets in EO S-3-05, to achieve a reduction of GHG emissions of 40% below 1990 levels by 2030.
CEQA and Greenhouse Gas Emissions (Senate Bill 97): In 2007, the Natural Resources Agency was directed by the legislature to prepare amendments to the California Environmental Quality Act (CEQA) Guidelines, providing direction to lead agencies on how to analyze and mitigate greenhouse gas emissions.
Senate Bill 379 (2015) Planning and Zoning Law: This legislation requires that the next revision of a jurisdiction’s local hazard mitigation plan on or after January 1, 2017, or, if the local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, include a review and update of the safety element to address climate adaptation and resiliency strategies applicable to that city or county. The bill would require the update to include a set of goals, policies, and objectives based on a vulnerability assessment, identifying the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts.
California has also prepared programs and guidance for local governments to consider identifying hazards and adapting to a changing climate.
California Climate Adaptation Strategy: Executive Order S-13-08: In 2008, the Governor signed EO S-13-08, which directed the California Natural Resources Agency to lead a statewide effort to develop a climate adaptation strategy. Published in 2009, the statewide plan describes climate trends and the potential impacts of climate change on key sectors, 664
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42 and it outlines short- and long-term actions that state and local governments can take to address future climate impacts.
California Adaptation Planning Guide (APG): Published in 2012, this statewide resource serves as a guide to local governments to identify, evaluate, and plan for the range of unavoidable consequences their community may face in the future due to climate change.
The APG includes a step-by-step process for conducting a vulnerability assessment and identifying potential adaptation strategies.
4.5.1.1 City Response to Climate Change
Communities and governments worldwide are working to address, evaluate and prepare for climate changes that are likely to impact communities in coming decades. Generally, climate change discussions encompass two separate but inter-related considerations:
mitigation and adaptation. The term “mitigation” can be confusing because its meaning changes across disciplines:
• Mitigation in emergency management—as generally addressed in this hazard mitigation plan— is typically defined as the effort to reduce loss of life and property by lessening the impact of disasters.
• Mitigation in climate change discussions is defined as a human intervention to reduce impacts on the climate system. It includes strategies to reduce greenhouse gas sources and emissions and enhance greenhouse gas sinks.
Adaptation refers to adjustments in natural or human systems in response to actual or anticipated effects of climate change. These adjustments may moderate harm or exploit beneficial opportunities. Mitigation and adaptation are related, as the world’s ability to reduce greenhouse gas emissions will affect the degree of adaptation that will be necessary. Some initiatives and actions can both reduce greenhouse gas emissions and support adaptation to future conditions.
Societies across the world need to adapt to climate change. Farmers are altering crops and agricultural methods to deal with changing rainfall and rising temperature; architects and engineers are redesigning buildings; planners are looking at managing water supplies to deal with droughts or flooding.
Adaptive capacity goes beyond human systems. Some ecosystems can adapt to change and buffer surrounding areas from the impacts of change. Forests can bind soils and hold large volumes of water, releasing it through the year; floodplains can absorb water during peak flows; coastal ecosystems can attenuate waves and reduce erosion. Other ecosystem services—such as food provision, timber, materials, medicines, and recreation—can provide buffers in the face of changing conditions.
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43 4.5.2 Dam Failure
Hazard Description
Dams and reservoirs of jurisdictional size are defined in the California Water Code Sections 6000 through 6008. The Santa Ana River is controlled by a network of dams and flood control measures. This network of carefully planned dams has protected the City of Orange from any serious flooding events. The natural water cycle and flow are significantly altered to protect the adjacent communities from flood damage and to better use local water resources for urban and agricultural water supplies. The network of dams and flood control measures have been effective in controlling flood waters in Orange County and the surrounding region; however, a major earthquake could cause sudden failure of one of these facilities, resulting in major damage. As a result, the city can be exposed to property damage and public safety hazards from overbank flooding of the Santa Ana River or failure of the Peters Canyon, Prado, Santiago, or Villa Park Dams.
Location
Currently there are 44 dams and reservoirs within or immediately adjacent to Orange County. There are three dams that could impact the City of Orange: Santiago Dam, Villa Park Dam, Peters Canyon Dam, and Prado Dam. While all three dams could affect the city if they were to fail at near capacity, the Santiago and Villa Park Dam are the greatest threat.
Santiago Dam
Santiago Dam was built in 1933, is owned by Serrano and Irvine Ranch Water Districts and is located in the Santa Ana Mountains in eastern Orange County west of Black Star Canyon and north of Santiago Canyon Road in the City of Silverado. It is a roller compacted earth and rockfill structure with a 25,000 acre-feet capacity reservoir (Irvine Lake). Irvine Lake is the reservoir formed behind the dam and is the largest man-made lake in Orange County.
The dam is designed to contain up to a 50-year flood and withstand a 500-year flood.
Villa Park Dam
Villa Park Dam built in 1963 is owned by the County of Orange. The Villa Park Dam is an embankment dam on Santiago Creek in Orange, California. Along with the upstream Santiago Dam, the Villa Park dam serves primarily for flood control for the cities of Villa Park, Orange, Tustin and Santa Ana and also regulates the inflow of Santiago Creek into the Santa Ana River.
Villa Park Dam is a flood control dam located downstream from Santiago Dam. It is an earth fill structure with a capacity of 15,600 acre-feet and is owned by the Orange County Flood Control District. The failure of the Santiago Dam could also result in a failure of the Villa Park Dam. Floodwaters from Villa Park Reservoir would affect approximately the same area west of the Costa Mesa Freeway as floodwaters originating from Santiago Reservoir. 666
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44 However, flood waves would reach urbanized areas faster as only those ports of Old Towne south of La Veta Avenue may be inundated.
Prado Dam
Prado Dam built in 1941 is owned by the Army Corps of Engineers and is located in the City of Corona. The City lies within the Prado Reservoir inundation zone, meaning that if Prado Dam fails, large portions of the city would be at risk to inundation. However, the amount and duration of inundation would be based on the amount of water held in the reservoir at the time of the incident. In the event of Prado Dam failure, floodwaters would flow through the Santa Ana Canyon on its way to the Pacific Ocean. Recent modifications made to Prado Dam have upgraded the facility to ensure that it will withstand a 7.5 magnitude earthquake.
Peters Canyon Dam
Peters Canyon Dam is an earth-filled structure owned by Orange County and has a capacity of 626 acre-feet at the spillway pipe elevation of 537 feet mean sea level. Water stored varies from 200 acre-feet to 600 acre-feet depending on seasonal rain amounts.
The dam is located approximately 3 miles westerly of Santiago Dam, near the upper part of the Peters Canyon watershed. Irvine constructed an earth-fill dam, 50 foot high with 700 acre-feet of capacity. Its purpose is to regulate the draft from Santiago Dam (Irvine Lake) to lower reservoirs. Distribution to southerly Irvine Ranch was via underground pipeline for one mile to the “High Line Canal. The open channel then carried the flow by gravity several miles easterly across the ranch.
History
Table 4-6 identifies dam failure events in Southern California from 1928 through 1963 (the most recent occurrence).
Table 4-6: Historical Dam Failure Events, Southern California Date Disaster
Declaration # Dam Impacts
March 12,
1928
N/A St. Francis Dam (located 40
miles NW of City of L.A.)
Up to 600 deaths
December 14,
1963
DR-161 Baldwin Hills Reservoir (located
in City of Los Angeles)
5 deaths; 277 homes
destroyed
While dam failures are infrequent in Southern California, one of the most notable dam failures occurred on December 14, 1963. The 155-foot-high Baldwin Hills Dam gave way and sent 360 million gallons of water in a 50-foot-high wall cascading onto the community below, killing five persons, destroying 277 homes, and damaging 50 million dollars (1963 dollars) in property. Luckily, early warning and prompt action by dam personnel and the 667
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45 police prevented more lives from being lost. During construction of the Baldwin Hills Dam in 1950, geologists found that two faults ran through the reservoir and the earthen dam.
One of the faults was thought to be active, so special drains were constructed underneath the reservoir to allow water, which might percolate through the fault to exit safely. The dam was built near a large oil field, and the extraction of oil caused the ground to subside, causing slippage between the two faults. The slippage was minimal (only a couple of centimeters), but it was enough to rupture the lining of the reservoir. The special drains quickly clogged up with sand and water, and the 65 million gallons of water quickly cut an opening under and through the dam itself.
Extent
Villa Park, Prado Dam, and Peters Canyon Dams are classified as High Hazard Dams DSOD uses a scale for defining the intensity or potential severity of dam failure solely based on potential downstream impacts to life and property. . This scale has four (4) categories (description below) which include the Federal categories. • Low: No probable loss of human life and low economic and environmental losses.
Losses are expected to be principally limited to the owner’s property. • Significant: No probable loss of human life, but it can cause economic loss, environmental damage, impacts to critical facilities, or other significant impacts. • High: Expected to cause the loss of at least one human life. • Extremely High: Expected to cause considerable loss of human life or would result in an inundation area with a population of 1,000 or more.
Probability of Future Occurrence
Based on the dam failure inundation maps, we can conclude that a large portion of the city is vulnerable to dam failure. The largest impact on the community from dam failure is the loss of life and property. Based on the low frequency of dam failure events occurring annually, It is unlikely (10% chance) that a dam failure event will affect the City annually.
Impacts of Climate Change
Severe weather such as more powerful rainstorms are likely to occur because of climate change. Atmospheric rivers which can create flooding throughout California may occur more frequently due to warmer weather and more moisture in storm systems. Climate change has the potential to cause more frequent and more heavy precipitation incidents.
The results could be additional flows into with the potential for overtopping or other dam failure mechanisms.
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46 Figure 4-3: City of Orange Dam Inundation Zones
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47 4.5.3 Drought
Hazard Description
Drought is a normal part of every climate on the planet, including areas of high and low rainfall. It is different from normal aridity, which is a permanent characteristic of the climate in areas of low rainfall. Drought is the result of a natural decline in the expected precipitation over an extended period, typically one or more seasons in length. The severity of drought can be aggravated by other climatic factors, such as prolonged high winds and low relative humidity.
Drought is a complex natural hazard which is reflected in the following four definitions commonly used to describe it:
• Meteorological drought is defined solely by the degree of dryness, expressed as a departure of actual precipitation from an expected average or normal amount based on monthly, seasonal, or annual time scales.
• Hydrological drought is related to the effects of precipitation shortfalls on streamflows and reservoir, lake, and groundwater levels. • Agricultural drought is defined principally in terms of naturally occurring soil moisture deficiencies relative to water demands of plant life, usually arid crops. • Socioeconomic drought associates the supply and demand of economic goods or services with elements of meteorological, hydrologic, and agricultural drought.
Socioeconomic drought occurs when the demand for water exceeds the supply as a result of a weather-related supply shortfall. It may also be called a water management drought.
A drought’s severity depends on numerous factors, including duration, intensity, geographic extent, and regional water supply demands by humans and vegetation. Due to its multi-dimensional nature, drought is difficult to define in exact terms and also poses challenges in terms of comprehensive risk assessments.
Drought differs from other natural hazards in three ways. First, the onset and end of a drought are difficult to determine due to the slow accumulation and lingering effects of an event after its apparent end. Second, the lack of an exact and universally accepted definition adds to the confusion of its existence and severity. Third, in contrast with other natural hazards, the impact of drought is less obvious and may be spread over a larger geographic area. These characteristics have hindered the preparation of drought contingency or mitigation plans by many governments.
Droughts may cause a shortage of water for human and industrial consumption, hydroelectric power, recreation, and navigation. Water quality may also decline, and the number and severity of wildfires may increase. During drought conditions, water volumes in rivers, lakes, and reservoirs decrease, which may lead to higher concentrations of 670
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48 pollutants and contaminants in the remaining water. This concentration effect is due to less dilution of salt, chemicals, and minerals. Warmer water temperatures during drought can also promote the growth of harmful algal blooms and bacteria that produce toxic compounds, further degrading water quality. Lower water availability can also impact water treatment infrastructure due to increase demand and operational challenges.
Location
When a drought is in effect, the entire City is affected.
History
Since record-keeping began, California and the western region of the U.S. have experienced several multi-year drought conditions. The City experienced severe drought from April 2007 through December 2009 and severe to exceptional drought from February 2013 through January 2017. A severe to exceptional drought began in 2020 and ended during the winter of 2022-2023. Source: U.S. Drought Monitor.
The following maps show the extent of drought conditions in California from February 2025, 2020, and 2015. They also include a chart showing the history of drought conditions in California from 2001 through early 2025.
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49 Figure 4-4: California Drought Monitor February 2025 672
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50 Figure 4-5: California Drought Monitor February 2020 673
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51 Figure 4-6: California Drought Monitor February 2015 Extent
The National Integrated Drought Information System (NIDIS) Act of 2006 (Public Law 109- 430) prescribes an interagency approach for drought monitoring, forecasting, and early warning. The NIDIS maintains the U.S. Drought Portal, a centralized, web-based access point to several drought-related resources, including the U.S. Drought Monitor (USDM) and the U.S. Seasonal Drought Outlook (USSDO).
The primary indicators for these maps for the Western U.S. are the Palmer Hydrologic Drought Index and the 60-month Palmer Z-index. The Palmer Drought Severity Index 674
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52 (PSDI) is a commonly used index that measures the severity of drought for agriculture and water resource management. It is calculated from observed temperature and precipitation values and estimates soil moisture. However, the PalmerIndex is not considered consistent enough to characterize the risk of drought on a nationwide basis. Commonly used drought severity classifications are depicted in Figure 4-7.
Figure 4-7: Commonly Used Drought Severity Classifications Probability of Future Events
Drought in California is a common occurrence that can last for multiple years. It is often associated with the El Nino Southern Oscillation (ENSO), when La Nina conditions result in decrease winter precipitation. The regional climate is characterized by a distinct dry season (approximately May to September) and wet season (approximately October to April) defined by a few large precipitation events, though additional peaks in precipitation can occur. It is likely, (75%) that the City will experience a drought within the next 5 years.
Impact of Climate Change
Climate change is already profoundly impacting California's water resources, as evidenced by changes in snowpack, sea level, and river flows. These changes are expected to continue, and more precipitation will likely fall as rain instead of snow. This potential change in weather patterns will add additional challenges to water supply reliability.
The mountain snowpack provides as much as a third of California's water supply by 675
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53 accumulating snow during wet winters and releasing it slowly during the spring and summer when the need is the greatest. Warmer temperatures will cause snow to melt faster and earlier, making it more difficult to store and use.
By the end of this century, the Sierra snowpack is projected to experience a 48% to 65% loss from the historical April 1st average. This loss of snowpack means less water will be available for Californians.
Climate change is also expected to result in more variable weather patterns throughout California. More variability can lead to longer and more severe droughts. In addition, rising sea levels will continue to threaten the Sacramento-San Joaquin Delta, the heart of the California water supply system and the source of water for 25 million Californians and millions of acres of prime farmland.
Regulatory Context
The State Water Resources Control Board (State Water Board) and the nine Regional Water Quality Control Boards (Regional Boards) protect water quality and allocate surface water rights. The Legislature created the State Water Board in 1967. The mission of the Water Board is to ensure the highest reasonable quality for waters of the State while allocating those waters to achieve the optimum balance of beneficial uses. The joint authority of water allocation and water quality protection enables the Water Board to provide comprehensive protection for California's waters. Regional Boards are semi-autonomous and have broad responsibilities within the framework of State regulatory guidance. The Department of Water Resources manages water usage, including water delivery to twothirds of California’s population through the State Water Project. 676
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54 4.5.4 Earthquake/Geological Hazards
Hazard Description
An earthquake is the vibration of the earth’s surface following a release of energy in the earth’s crust. This energy can be generated by a sudden dislocation of the crust or by a volcanic eruption. Most destructive quakes are caused by dislocations of the crust. The crust may first bend and then, when the stress exceeds the strength of the rocks, break and snap to a new position. In the process of breaking, vibrations called “seismic waves” are generated. These waves travel outward from the source of the earthquake at varying speeds.
Ground shaking caused by a strong earthquake is probably the most important seismic hazard that can be expected anywhere in the City and larger Southern California area. The amount of earthquake shaking at a site is associated with the earthquake magnitude; the type of earthquake fault; the distance between the site and the earthquake source; the geology of the site; and how the earthquake waves decrease or increase as they travel from their source to the site in question. Shaking from the earthquake intensifies with a greater magnitude and closer distance to the epicenter. Softer soils and topographic ridges can also amplify seismic ground motions.
Surface rupture is an offset of the ground surface when fault rupture extends to the Earth's surface. Fault rupture almost always follows preexisting faults, which are zones of weakness. Any structure built across the fault is at risk of being torn apart as the two sides of the fault slip past each other. Normal and reverse surface fault ruptures have vertical motion while strike-slip surface fault ruptures produce lateral offsets. Other natural hazards that may be caused by earthquakes include liquefaction, and subsidence.
The City is located in a high seismic risk zone. This region is one of the most seismically active in the world, marked by the number of large, damaging earthquakes that have occurred in the past. The following geologic hazards are associated with earthquakes and may be caused by seismic activity, increasing the resulting damage:
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55 Figure 4-8: City of Orange Fault Locations
Liquefaction
Soil liquefaction is a phenomenon in which soil's strength and stiffness are reduced by earthquake shaking or other rapid loadings. Liquefaction and related phenomena have been responsible for tremendous amounts of damage in historical earthquakes around the world. Liquefaction can result in the settling and compacting of unconsolidated sediment in the event of a major earthquake. Liquefaction may increase as the ground acceleration and duration of shaking increase.
Areas subject to liquefaction in the City are shown in Figure 4-9. 678
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56 Figure 4-9: City of Orange Liquefaction Prone Areas
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57 Figure 4-10: City of Orange Seismic Shake Potential
Subsidence
Subsidence is defined as the lowering of the land surface. Many different factors can cause the land surface to subside, such as a sinkhole or underground mine collapse, or during a major earthquake. Subsidence can also occur when large amounts of groundwater have been excessively withdrawn from an aquifer. The clay layers within the aquifer compact and settle, resulting in lowering the ground surface in the area from which the groundwater 680
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58 is being pumped. Over time, as more water is removed from the area, the ground drops and creates a cone. Once the water has been removed from the sediment, it cannot be replaced.
Subsidence can occur in various ways during an earthquake. Movement that occurs along faults can be horizontal or vertical or have a component of both. As a result, a large area of land can subside drastically during an earthquake. Subsidence can also be caused during liquefaction. Liquefaction can result in the settling and compacting of unconsolidated sediment in the event of a major earthquake. This can result in the lowering of the land surface.
Location
The City of Orange planning area is traversed by two active faults: the Peralta Hills Fault and the El Modena Fault. The Peralta Hills Fault runs from the crossing of Lincoln Avenue over the Santa Ana River on the northwest, easterly along the base of the Peralta Hills and into the City of Villa Park, then southerly into the hills west of Peters Canyon Reservoir.
The El Modena Fault runs from its intersection with the Peralta Hills Fault at the base of the Peralta Hills, southeasterly to Chapman Avenue. Both the Peralta Hills Fault and the El Modena Fault are classified as possibly active by the Southern California Earthquake Data Center. Displacements along these two faults are smaller than those along the more prominent regional faults, and the maximum probable earthquake magnitudes would be much less than those along the regional faults.
Faults outside the planning area that may cause destruction in the City include the San Andreas and Newport-Inglewood faults.
Figure 4-9 depicts the active faults and those deemed Pre-Quaternary (PQT). A Quaternary fault is one that has been recognized at the surface and that has moved in the past 1,600,000 years (1.6 million years). That places fault movement within the Quaternary Period, which covers the last 2.6 million years.
History
Southern California is one of the most seismically active areas in the U.S. The region has experienced at least nine earthquakes of Magnitude 6.5 or higher since 1812. Orange has not been included in any federal disaster declarations or state emergency proclamations related to earthquake/geological hazards. Table 4-7 includes historical earthquakes recorded in Southern California greater than magnitude 5.5.
Table 4-7: Historical Earthquakes Recorded in Southern California Date Magnitude Fault Name (Incident Name)
12/8/1812 7.5 San Andreas (Wrightwood Earthquake)
1/9/1857 7.9 San Andreas (Fort Tejon Earthquake)
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59 4/21/1918 6.8 San Jacinto
11/4/1927 7.1 Unknown (Lompoc Earthquake)
5/18/1949 6.9 Imperial (Imperial Valley Earthquake)
7/21/1954 7.5 White Wolf
2/9/1971 6.5 San Fernando (San Fernando Earthquake)
1/17/1994 6.7 Northridge Thrust (Northridge Earthquake) 7/29/2008 5.5 Unknown (Chino Hills Earthquake)
7/5/2019 7.1 Garlock (Ridgecrest)
Extent
Two scales are used to measure the severity and intensity of an earthquake. The Modified Mercalli Intensity (MMI) Scale measures the ground shaking intensity in terms of acceleration, velocity, and displacement. The Moment Magnitude (Mw) Scale measures the severity of the earthquake by the amount of energy released at the source of the earthquake. The Mw scale, based on the concept of seismic moment, is uniformly applicable to all sizes of earthquakes. The extent of damage from an earthquake is determined by the magnitude of the earthquake, distance from the epicenter, and characteristics of surface geology. Table 4-8 shows an approximate correlation between the Moment Magnitude (Mw) and the Modified Mercalli Intensity (MMI) Scale and its effects.
Table 4-8: Severity (Mw) and Intensity (MMI) Comparison Magnitude
(Mw)
MMI
Scale:
Intensity
Abbreviated MMI Scale: Effects
1.0 - 3.0 I I. Not felt except by a very few under especially favorable conditions.
3.0 - 3.9 II – III II. Felt only by a few persons at
rest, especially on the upper
floors of buildings.
III. Felt quite noticeably by
persons indoors, especially on
the upper floors of buildings.
Many people do not recognize
it as an earthquake. Standing
motor cars may rock slightly.
Vibrations similar to the passing
of a truck. Duration estimated.
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60 Table 4-8: Severity (Mw) and Intensity (MMI) Comparison Magnitude
(Mw)
MMI
Scale:
Intensity
Abbreviated MMI Scale: Effects
4.0 - 4.9 IV – V IV. Felt indoors by many,
outdoors by few during the day.
At night, some awakened.
Dishes, windows, doors
disturbed; walls make cracking
sound—a sensation like heavy
truck striking building. Standing
motor cars rocked noticeably.
V. Felt by nearly everyone;
many awakened. Some dishes,
windows broken. Unstable
objects overturned. Pendulum
clocks may stop.
5.0 - 5.9 VI – VII VI. Felt by all, many frightened.
Some heavy furniture moved; a
few instances of fallen plaster—
damage slight.
VII. Damage negligible in
buildings of good design and
construction; slight to moderate
in well-built ordinary structures;
considerable damage in poorly
built or badly designed
structures; some chimneys
broken.
6.0 - 6.9 VIII – IX VIII. Damage slight in specially
designed structures;
considerable damage in ordinary
substantial buildings with partial
collapse. Damage great in poorly
built structures. Fall of chimneys,
factory stacks, columns,
monuments, walls. Heavy
furniture overturned.
IX. Damage considerable in
specially designed structures;
well-designed frame structures
thrown out of plumb. Damage
great in substantial buildings,
with partial collapse. Buildings
shifted off foundations.
7.0 and
higher
X - XI X. Some well-built wooden
structures destroyed; most
masonry and frame structures
destroyed with foundations.
Rails bent.
XI. Few, if any (masonry)
structures remain standing.
Bridges destroyed. Rails bent
greatly.
XII XII. Damage total. Lines of sight and level are distorted. Objects thrown into the air.
Source: US Geological Survey (USGS): http://earthquake.usgs.gov/learn/topics/mag_vs_int.php 683
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61 Probability of Future Events
Orange is in a seismically active area with many faults in the surrounding area and regionat-large. There will be an ever-present danger, of course, posed by any seismic shaking, which could potentially cause damage to buildings and/or infrastructure. It is almost inevitable that an earthquake will occur along one of the adjacent or regional fault lines and cause a major seismic event.
There is a strong likelihood that the City will experience a significant earthquake from one of the known major faults in the next 30 years. In 2015, the Working Group on California Earthquake Probabilities (WGCEP) issued its third Uniform California Earthquake Rupture Forecast (UCERF3), which determined within the next 30 years, the probabilities of earthquakes in Southern California are:
• 60% that an earthquake measuring magnitude 6.7
• 46% that an earthquake measuring magnitude 7
• 31% that an earthquake measuring magnitude 7.5
In addition to UCERF3 forecasts, which project the odds of a major earthquake on local and regional faults, the U.S. Geological Survey forecasts the severity of seismic shaking in different locations for various plausible earthquake scenarios.
Impact of Climate Change
Climate change is not expected to have any direct influence on the likelihood, size, and/or severity of any future seismic-related event. Landslides and other geological hazards can be more common with the impacts of climate change due to more extreme weather events causing greater water saturation of soils, such as during the 2023 atmospheric river events.
More extreme El Niño weather events could also increase the amount of water dumped during each event despite the area becoming dryer on average. 684
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62 4.5.5 Fire
Hazard Description
Wildfire
As defined in the California Fire Protection (CAL FIRE) 2010 Strategic Fire Plan, a wildfire event is an unwanted wildland fire including unauthorized human-caused fires, escaped wildfire use events, escaped prescribed wildfire projects, and all other wildfires.
Wildfire hazard is a significant and recurrent threat in the City and has the potential to destroy buildings, cause damage to vital infrastructure, injure people, and can result in loss of life, agricultural land, and animals. Wildfire season commences in early spring through late fall every year during the hotter, dryer months. Highly flammable vegetation and warm, dry summers create the potential for wildland fires in Orange. The risk of wildland fires is related to a combination of factors, including winds, temperatures, humidity levels, and fuel moisture content. Of these four factors, wind is the most crucial. Steep slopes also contribute to fire hazards by intensifying the effects of wind and making fire suppression difficult. Where there is easy public access to dry vegetation, fire hazards increase due to greater chance of human carelessness. High hazard areas include outlying residential parcels and open lands adjacent to residential areas. Such development has also moved the urban wildland interface (the area where human development meets undeveloped wildland) closer to higher-risk, wildfire hazard areas, increasing the number of people and buildings at risk as illustrated in Figure 4-12: Orange Fire Hazard Severity Zones.
Wildland Urban Interface (WUI) Fire
A WUI fire includes situations in which a wildland fire enters an area that is developed with structures and other human developments. In WUI fires, the fire is fueled by both naturally occurring vegetation and the urban structural elements themselves. According to the National Fire Plan issued by the U.S. Departments of Agriculture and Interior, the wildlandurban interface is defined as “…the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.” The WUI fire can be subdivided into three categories (NWUIFPP, 1998): 1) classic wildland-urban interface; 2) the mixed wildland-urban interface; and 3) the occluded wildland-urban interface. The classic wildland-urban interface exists where well-defined urban and suburban development presses up against open expanses of wildland areas. The mixed wildland-urban interface is characterized by isolated homes, subdivisions, and small communities situated predominantly in wildland settings. The occluded wildland- urban interface exists where islands of wildland vegetation occur inside a largely urbanized area.
Generally, many of the areas at risk within the City fall into the classic wildland-urban interface category.
Certain conditions must be present for a wildfire hazard to occur; a large source of fuel must be present, the weather must be conducive (generally hot, dry, and windy), and fire 685
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63 suppression sources must not be able to easily suppress and control the fire. The cause of a majority of wildfires is human-induced or lightning; however, once burning, wildfire behavior is based on three primary factors: 1) fuel; 2) topography; and 3) weather. Fuel will affect the potential size and behavior of a wildfire depending on the amount present, its burning qualities (e.g. level of moisture), and its horizontal and vertical continuity.
Topography affects the movement of air, and thus the fire, over the ground surface.
The terrain can also change the speed at which the fire travels, and the ability of firefighters to reach and extinguish the fire. Weather as manifested in temperature, humidity and wind (both short and long term) affect the probability, severity, and duration of wildfires. Other factors that create concern are drought conditions and development (the build environment). Drought conditions bring on contributing concerns in that it can lead to relatively drier conditions and leave reservoirs and water tables lower; thus, creating hotter fires and less water to fight the fires. The expansion of the built environment into previously unoccupied areas introduces more people to the hazard and in some cases make response actions more challenging. Figure 4-13 depicts the City’s Wildfire Urban Interface Perimeter.
Urban Fires
Although updated fire code requirements reduce urban fire risks in Orange, structures in older parts of the City, especially in Old Towne, were constructed prior to adoption of modern standards. Structures used for the transport, production, and handling of combustible equipment in the industrial areas also pose a credible urban fire threat. The Fire Department will participate in environmental review procedures to reduce urban fire risks in these areas and will help educate the public regarding fire prevention.
Location
The City is located along the foothills of the Peralta Hills. These hills are known for steep topography and extensive vegetation. The area is also intermittently impacted by Santa Ana winds, the hot, dry winds that blow across Southern California in the spring and late fall. Because of these characteristics, wildfire is a significant threat to the City. Figure 4-12 below depicts the mapping within the City limits susceptible to wildfires 686
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64 Figure 4-12: City of Orange Wildfire Hazard Zones
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65 Figure 4-13: City of Orange Wildfire Urban Interface Perimeter 688
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66 History
The City of Orange has not been included in any federal disaster declarations related to fire but has been included in a state emergency proclamation, as recently as 2024. Below is a list of the most notable fires that have occurred in Orange and Orange County. Other fires in neighboring counties that may have affected Orange County are not listed. Figures are total for the fires listed and include impacts in neighboring counties as well as Orange. • In the 1982 Gypsum Canyon Fire, 17 homes were lost and 18,000 acres burned, leaving an estimated $16 million in damage.
• The Stagecoach Fire Ortega Fire, and the Laguna Fire in 1993 destroyed two homes and damaged seven others. The Santa Ana winds during the time of these fires were approximately 50-55 mph, making the fires difficult to contain. • The Sierra Fire in February 2006 burned 11,000 acres. • The Santiago Fire in October 2007 burned 28,400 acres and destroyed 24 structures.
• The 241 (Windy Ridge) Fire in 2007 burned 2036 acres. • The Silverado Fire burned 968 acres in 2014.
• The Canyon 2 Fire in October 2017 burned 9217 acres, destroying 55 structures. • The Holy Fire in August 2018 burned 23,136 acres, destroyed 19 structures, and injured three firefighters.
• The Silverado Fire in October 2020 burned 12,366 acres and caused the evacuation of 90,000 people. Five structures were destroyed and nine damaged. Two firefighters sustained injuries.
• The Blue Ridge and Airport Fire in October 2020 burned more than 13,694 acres and caused the evacuation of 30,000 people.
• The Bond Fire in December 2020 burned 6,686 acres. 31 structures were destroyed and 21 were damaged. Two firefighters were injured.
• The Coastal Fire in May 2022 burned 200 acres and destroyed 20 homes. • The Airport Fire in October 2022 burned 23,526 acres and destroyed 160 structures. Two civilians and 20 firefighters were injured.
Urban Fire data for the years 2017–2024 show the occurrence of 15 major urban fires in the City, with no major injuries or fatalities.
Extent
The State Fire Marshal classifies wildfire hazard lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the department as a major cause of wildfire 689
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67 spread. The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
Probability of Future Occurrences
Many major wildland fires in and near the City of Orange have been associated with adverse weather conditions. In addition to winds, structural development within or adjacent to wildland exposures represents an extreme fire protection problem due to flying embers and combustible roof coverings. Do to the landscape, topography, and present conditions, it is likely (75%) that wildfire will occur annually.
Climate Change Considerations
According to the Union of Concerned Scientist, the number of large wildfires — defined as those covering more than 1,000 acres — is increasing throughout the Western United States. Over the past 12 years, every state in the Western U.S. has experienced an increase in the average number of large wildfires per year compared to the annual average from 1980 to 2000. Wildfire season is generally defined as the period between the year’s first and last large wildfires. Local wildfire seasons vary by location but have almost universally become longer over the past 40 years. Temperatures are increasing much faster in the Western U.S. than for the planet as a whole. Since 1970, average annual temperatures in the Western U.S. have increased by 1.9° F, about twice the pace of the global average warming.
Climate Change is expected to increase the number and intensity of wildfires in the City of Orange.
Regulatory Context
The City of Orange adopted the 2022 State Fire Code and is pending adoption of the State’s 2025 Fire Code, which includes a new Wildland Urban Interface (WUI) chapter. This new chapter outlines fire regulations applicable to buildings and development in WUI areas. The 2025 State Fire Code becomes effective in January 2026. These changes included multiple clauses specific to fire prevention and protection including requirements related to outdoor gas fired equipment, open fireplaces, and other restrictions. The ordinance also included requirements for new construction including surrounding vegetation.
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68 4.5.5.1 City’s Response to Wildfire
On November 5, 2024, Orange voters approved Measure AA with 61.18% of the vote. By approving Measure AA, Orange voters authorized the sale, possession, and discharge of Safe and Sane Fireworks in the City of Orange subject to reasonable rules and regulations of the City Council. To implement this program, the City Council adopted rules, regulations, and processes to carry out the Safe and Sane Fireworks program. Doing so has limited the sale and use of fireworks in high hazard fire zones. Figure 4-14 depicts the "No Firework Area" in the City.
Figure 4-14: City of Orange Safe and Sane Fireworks Prohibited Areas 691
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69 4.5.6 Flooding
Hazard Profile
Flooding is an overflowing of water onto land that is normally dry, due to rain, ocean waves, or the failure of a dam or levee. Floods are the most common of all weather-related natural disasters. They kill more people in the United States each year than tornados, hurricanes, or lightning. Areas near rivers or streams are at risk from floods during heavy rain or periods of upstream snowmelt. In urban areas, where buildings, highways, driveways, and parking lots reduce the ground’s ability to absorb rainfall, the resulting increase in runoff can overwhelm constructed storm drain systems, resulting in flooding on nearby roads and buildings.
According to FEMA, there are several different types of floods and under some there are subtypes. The flooding types and subtypes include:
• Riverine Flooding
• Overbank (River/Stream) Flooding
• Flash Floods
• Dam and Levee Failure
• Mudflows
• Urban Drainage
• Coastal flooding and erosion
• Storm Surge
Location
The City of Orange is primarily located in a coastal alluvial plain, drainage stemming from the mountains to the north and east must cross through Orange to reach the coast. The major control of runoff is the Santa Ana River. This river is the largest single river in Southern California, draining an area of about 2,500 square miles. The City of Orange is protected from all but the most severe flooding by the Santa Ana River and major storm channels maintained by the Orange County Flood Control District. This includes a series of spreading/retarding basins. Typically, local streets are designed to carry excess water to storm drains which then drain into the Santa Ana River.
Irvine Lake, Villa Park Reservoir, and Peters Canyon Reservoir are artificial lakes constructed to provide water storage and flood control capabilities. The Santa Ana River, which forms the City’s western boundary, is the major drainage course for the Santa Ana River basin. The river performs valuable flood control and groundwater recharge functions along its entire route. In recognition of the important role the river plays in providing groundwater recharge areas and adequate flood protection for Orange County, land use policy calls for open space uses along the river.
Santiago Creek flows from the Santa Ana Mountains through Orange and empties into the Santa Ana River in the City of Santa Ana. In addition to controlling floodwaters and recharging the groundwater basin, Santiago Creek has become a defining feature of the community, characterized by trails and recreational open space throughout portions of its 692
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70 length within Orange. Community members identify with the creek, and the City seeks to incorporate natural characteristics of Santiago Creek in the design of adjacent future projects. The upper portions of Santiago Creek are characterized by large, abandoned mining pits. In particular, the pits near Bond Street serve valuable groundwater recharge purposes. Land use policy recognizes these uses by designating the creek and several surrounding properties such as Open Space or Open Space-Park. Figure 4-15 illustrates areas in the City that are susceptible to 100 and 500-year flooding.
The City of Orange like many cities, has areas that are subject to flooding. Flooding can present various challenges for the City of Orange, threatening transportation, property, and public safety. To address these risks, the City of Orange implements a range of proactive strategies, including upgrading and maintaining stormwater management systems like drains, culverts, and sewer lines to efficiently handle heavy rainfall. The City of Orange also prioritizes public education through information campaigns, signage in flood-prone areas, and the temporary closing of facilities that experience impacts of flooding.
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71 Figure 4-15: City of Orange 100/500 Year Flood Zones 694
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72 History
California has a chronic and destructive flood history. Out of 72 federally declared disasters in the state between 1950 and 2000, half were flood related. Orange and other cities in Orange County have suffered from significant flooding events over the years.
Many of these events have been catalysts to changing the way communities address flood conditions and mitigation of impacts. A significant flood in 1938 within the County is considered to be the catalyst for the construction of the Prado Dam, which is now part of the Army Corps of Engineers flood protection program along the main stem of the Santa Ana River.
A Proclamation of the Existence of a Local Emergency in the City of Orange, Resolution No. 5858, was proclaimed on Tuesday, March 1, 1983, as a result of heavy rains caused flood conditions in portions of the City of Orange. In Orange County, the event killed more than 30 people and damaged various structures.
Table 4-10 identifies past flood events affecting Orange County from 1950 through 2025.
Table 4-10: Orange County Flood Events
Year Disaster
Declaration # Event Deaths and/or Injuries
1950 OCD 50-01 Flooding 9 deaths
1955 DR-47 Flooding 74 deaths
1958 - Severe storms 13 deaths, multiple
injuries
1969 DR-253 Severe storms 47 deaths, 161 injuries
1978 DR-547 Coastal storms, mudslides, and
flooding
14 deaths, 21 injuries
1980 DR-615 Severe storms, mudslides, and
flooding
N/A
1982-83 DR-677 Coastal storms, floods, slides, and
tornadoes
N/A
1988 DR-812 Severe storms, high tides, and
flooding
N/A
1992 DR-935 Snowstorm, heavy rain, high winds,
flooding, and mudslide
5 deaths
1992 DR-979 Severe storm, winter storm, mud &
landslides, and flooding
20 deaths, 10 injuries
1993 DR-1005 Fires, mud & landslides, soil erosion,
and flooding
4 deaths, 162 injuries 2
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73 Table 4-10: Orange County Flood Events
Year Disaster
Declaration # Event Deaths and/or Injuries
1995 DR-1044 Severe winter storms, flooding,
landslides, and mud flows
11 deaths
1995 DR-1046 Severe winter storms, flooding,
landslides, and mud flows
17 deaths
1997 97-04 Flooding N/A
1998 DR-1203 Severe storms 17 deaths
2008 DR-1577,
GP2005-01
Severe storms N/A
2005 DR-1585 Severe storms, flooding, landslides,
and mud and debris flows
N/A
2010 DR-1952 Severe storms N/A
2023 DR 4683 Series of Pacific Storms N/A
2023 DR 4699 Severe Winder Storm N/A
2024 DR 4769 El Nino Driven Floods N/A
Extent
Flood events are measured by their likelihood of occurrence. For instance, a 100-year flood is a flood that has a 1 in 100 (1.0 percent) chance of occurring in any given year. A 500-year flood is a flood that has a 1 in 500 (0.2 percent) chance of occurring in any given year. The 100-year flood has been designated as the benchmark for major flood events. Thus 100-year floods are referred to as “base floods.” Floodplains are areas that are prone to flooding and often experience frequent flooding.
While it is possible for areas outside of these designated floodplains to experience flooding, the most likely locations to experience future flooding are low-lying areas near bodies of water. FEMA is the governmental body responsible for designating which areas of the United States can be classified as floodplains.
The three (3) most common designations are:
• Special Flood Hazard Area: The area within a 100-year floodplain. • Moderate Flood Hazard Area: The area outside the 100-year floodplain but within the 500-year floodplain.
• Minimum Flood Hazard Area: The area outside of the 500-year floodplain. 696
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74 The Federal Emergency Management Agency (FEMA) provides detailed maps and categories to help communities understand and manage their flood risk. These floodplain designations are crucial for City planning, construction, insurance, and emergency preparedness. Table 4-9 shows these detailed floodplain categories. FEMA classifies Orange under five (5) floodplain categories: A, AE, and X; the location of these floodplains can be seen on the FEMA Flood Hazard Zone Maps.
Table 4-9: FEMA Floodplain Categories
Category Description
A Within a 100-year floodplain, but the water height of the 100-year flood is not known.
A1-30 or
AE
Within a 100-year floodplain and the water height of the 100-year flood is known.
AO Within a 100-year floodplain, and the water height of the 100-year flood is between one and three feet (3 ft.) but not specifically known.
A99 Within a 100-year floodplain, it is protected by flood protection infrastructures such as dams or levees.
AH Within a 100-year floodplain, and the water height of the 100-year flood is between one and three feet (3 ft.) and is specifically known.
AR Within a 100-year floodplain, it is protected by flood protection infrastructure that is not currently effective but is being rebuilt to provide protection.
V Within a 100-year floodplain for coastal floods, but the height of the flood is not known.
V1-30 or
VE
Within a 100-year floodplain for coastal floods and the water height of the flood is known.
VO Within a 100-year floodplain for shallow coastal floods with a height between one and three feet (3 ft.).
B Within a 500-year floodplain, or within a 100-year floodplain with a water height less than one foot (found on older maps).
C Outside of the 500-year floodplain (found on older maps).
X Outside of the 500-year floodplain (found on newer maps).
X500 Within a 500-year floodplain or within a 100-year floodplain with a water height less than one foot (found on newer maps).
D Within an area with a potential and undetermined flood hazard.
M Within an area at risk of mudslides from a 100-year flood event.
N Within an area at risk of mudslides from a 500-year flood event.
P Within an area at risk of mudslides from a potential and undetermined flood event.
E Within an area at risk of erosion from a 100-year flood event. 697
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75 Probability of Future Occurrence
FEMA defines flood zones based on the probability of occurrence, expressed in a percentage of the chance of a flood of a specific extent occurring in any given year. For areas located within the 100-year flood zone, there is a 1% annual chance in a given year that this area will be inundated by flood waters. For areas located within the 500-year flood zone, this probability decreases to 0.2%. Due to the history of flooding events in the City, It is unlikely (10% chance) that a flood will impact the City of Orange annually.
Climate Change Considerations
Although Southern California is likely to experience a decrease in overall precipitation levels due to climate change, the region is also expected to see an increase in the number of extreme precipitation events. A meteorological phenomenon known as the “atmospheric river,” a narrow stream of extremely moist air, is frequently responsible for the more intense storms that strike California. Atmospheric rivers generally deliver high levels of precipitation, up to 50% of the state’s total precipitation in any given year.
Some recent studies indicate that atmospheric rivers may strengthen as a result of climate change. This is expected to lead to an increase in the number of storms caused by atmospheric rivers. Although there are no specific flooding projections for the City of Orange, flood events are expected to become more frequent, and it is possible that the areas subject to flooding could expand.
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76 4.5.7 Landslide/Erosion
Hazard Description
Landslide and erosion hazards refer to the movement of soil, rock, and debris down slopes due to natural forces such as gravity, water saturation, and seismic activity. Landslides occur when the stability of a slope is compromised, often by heavy rainfall, flooding, or earthquakes, causing large masses of earth material to slide or flow downhill. Erosion, on the other hand, is the gradual wearing away of soil and rock from the earth’s surface, typically caused by water, wind, or ice. Both hazards can lead to significant property damage, infrastructure disruption, and even loss of life, especially in areas with steep slopes, unstable soils, or where vegetation has been removed.
In regions like Orange County, landslides are most likely during and after periods of intense rainfall or following seismic events, as saturated soils lose cohesion and become prone to movement. Erosion can also increase landslide risk by destabilizing slopes and removing support from the base of hillsides. While landslides are relatively uncommon in Orange, they remain a concern due to the potential for sudden, destructive events that can threaten communities, roads, and utilities.
Some soil materials, such as clay minerals, can absorb water, resulting in a reduction of shear strength. The force of gravity can cause landslides when the shear strength of saturated clay is reduced below its minimum stability threshold. Earthquake-induced landslides of steep slopes can occur in either bedrock or soils. Areas at risk from landslides typically have steep slopes (15% or greater), unstable rock or soil characteristics, or other geologic evidence of instability.
Location
The City is located along the foothills of the Peralta Hills. These hills are known for steep topography which can be susceptible to landslides during periods of precipitation or earth movement. Figure 4-16 illustrates the California Geological Survey Landslide Susceptibility Data in Orange.
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77 Figure 4-16: Landslide Susceptibility Areas
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78 History
The Vista Royale Drive neighborhood experienced landslides in April 1999. The Vista Royale neighborhood was developed in the late 1980s in the foothills east of the NewportCosta Mesa Freeway. The City of Orange proclaimed a local emergency April 6, 1999, due to earth movement in Vista Royale Drive, Resolution No. 9094. On May 10th, five homes within the area were evacuated in the Vista Royale area due to the necessity to discontinue water and sanitation service to these homes and the continuing land movement, Resolution No. 9113. On May 24, 1999, an evacuation was ordered to protect the health and safety of the residents in the area. Resolution No. 9131. The local emergency was terminated July 24, 2001.
Extent
Landslides are not common in Orange but can occur. They are most likely to occur during and immediately after storms when water saturation of the soil is at highest levels or during a significant earthquake.
There is no standardized classification for size or damage of landslides. The National Atmospheric and Space Administration (NASA) uses these definitions based on the exponential increase in the mass of the landslide:
• Small: Less than 10 cubic meters of debris. These minimally impact infrastructure, and roads though may still hold enough mass to kill a human. • Medium: Between 10 and 1,000 cubic meters of debris. These can block roads for days, damage houses and facilities, and easily kill humans. • Large: Between 1,000 and 100,000 cubic meters of debris. Often cover wide areas with substantial impact to roads and infrastructure, likely displacing people and causing tens to hundreds of casualties.
• Very Large: Between 100,000 and 1,000,000 cubic meters of debris. These landslides cover extremely large areas that can cover entire towns and neighborhoods.
• Catastrophic: Over 1,000,000 cubic meters of debris. Multiple towns, neighborhoods, and boroughs may be impacted or completely covered. Fatalities might be over 1,000.
A statewide analysis of landslide susceptibility was conducted by the California Geological Survey using a combination of regional rock strength and slope data to create classes of susceptibility (Figure 4-17).
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79 Figure 4-17: Landslide Susceptibility Areas
Probability of Future Occurrence
Although it is not a significant risk to the city, landslides can occur during periods of extreme weather or after a large earthquake. FEMA’s risk index currently lists Orange County as Very High. In the City of Orange, there is a 10% chance that a landslide may occur withing the City annually.
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80 4.5.8 Pandemic
Hazard Description
Widespread public health emergencies, referred to as pandemics, occur when a disease emerges to which the population has little immunity. Public health experts worry about a pandemic caused by a disease that spreads among species. Depending on the nature of such a disease, between 25 and 35 percent of the population can become ill. This level of disease activity would disrupt all aspects of society and severely affect the economy. The COVID-19 pandemic is well known, and the 20th century saw three significant pandemics, the most notable of which was the 1918 Spanish influenza pandemic that was responsible for 20 to 40 million deaths around the world.
Vaccines, antibiotics, and improved living conditions resulted in dramatic declines in communicable diseases in the latter part of the 20th Century. However, infectious diseases have become an increasing threat to all persons in Orange County due to a variety of factors such as:
• Population growth – Overcrowding, aging, migration
• Methods of food production – Large scale, wide distribution, importation • Environmental changes – Drought, encroachment of humans in wild areas, global warming
• Microbial adaptation – Resistance to antibiotics, re-assortment of genetic material • Changes in health care – Drugs causing immunosuppression, widespread use of antibiotics
• Human behavior – Travel, diet, sexual behavior, compromised immune systems The Orange County Health Care Agency is responsible for public health in the County and City of Orange. The City will coordinate with the Orange County Health Care Agency during a public health emergency, whether in the City or throughout the county. The Orange County Health Care Agency will serve as the lead agency for a pandemic response in Orange to ensure that:
• Planning efforts are consistent throughout the county • Official information is provided to cities in a timely manner • Pharmaceutical distribution is conducted across the county Outbreaks of infectious diseases following floods, tornados, earthquakes, and other disasters are common in the developing world but are rare in developed countries. Most post-disaster diseases are produced by poor sanitation, a lack of safe drinking water and contaminated food.
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81 Below are the known risks to the City:
Corona Viruses /SARS
COVID-19 is spread by a coronavirus. Coronaviruses cause a large percentage of colds and upper respiratory infections. Severe acute respiratory syndrome (SARS) is a viral respiratory disease caused by a SARS-associated coronavirus. It was first identified at the end of February 2019 during an outbreak that emerged in China and spread to four other countries.
Influenza
Flu epidemics and pandemics occur routinely, typically in the fall and winter. Because flu seasons fluctuate in length and severity, a single estimate cannot be used to summarize influenza-associated deaths. The U.S. Centers for Disease Control and Prevention (CDC) estimates that from the 1976-1977 flu season to the 2006-2007 season, flu-associated deaths ranged from a low of about 3,000 to a high of about 49,000.
Insect/Tick-Borne Disease
Insects such as mosquitos and ticks can transmit a variety of diseases. Diseases that can be contracted through a tick bite include Lyme disease, Malaria, West Nile virus, Zika virus.
Plague
Plague is caused by the bacteria Yersinia pestis, a zoonotic bacterium usually found in small mammals and their fleas. Plague is transmitted between animals and humans by the bite of infected fleas, direct contact with infected tissues, and inhalation of infected respiratory droplets. There are two primary clinical forms of plague infection: bubonic and pneumonic.
Bubonic plague is the most common form and is characterized by painful swollen lymph nodes or 'buboes.'
Plague can be a very severe disease in people, with a case-fatality ratio of 30% to 60% for the bubonic type and is always fatal for the pneumonic kind when left untreated.
Anthrax
Anthrax is a serious infectious disease caused by gram-positive, rod-shaped bacteria known as Bacillus anthracis. Although it is rare, people can get sick with anthrax if they come in contact with infected animals or contaminated animal products. Anthrax has the potential for and has been used as a biological weapon.
Hemorrhagic Fevers
Viral hemorrhagic fevers are a group of illnesses caused by several distinct families of viruses. In general, the term “viral hemorrhagic fever” is used to describe a severe multisystem syndrome. Characteristically, the overall vascular system is damaged, and the body’s ability to regulate itself is impaired. These symptoms are often accompanied by hemorrhage (bleeding); however, the bleeding is itself rarely life-threatening. While some 704
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82 types of hemorrhagic fever viruses can cause relatively mild illnesses, many of these viruses cause severe, life-threatening disease. Hemorrhagic fevers include Ebola and Yellow Fever.
Location
Pandemics occur worldwide. Smaller-scale public health incidents or epidemics may be localized, such as Zika and Measles. The entire City is susceptible to pandemics and local public health hazard incidents.
History
Orange County has been included in federal disaster declarations or state emergency proclamations related to Public Health Incidents. The most recent was the COVID-19 pandemic. The Orange County Health Alert Network issued the following recent public health alerts:
• February 4, 2025 – OC Health Care Agency (HCA) issues a health alert for HIV, Syphilis and Hepatitis C among people experiencing homelessness. • December 6, 2024 – HCA issues alert because a traveler came back to Orange County with Measles.
• November 26, 2024 – HCA identified the first case of Trichophyton Mentagrophytes in Orange County.
• November 20, 2024 – HCA notified of seven confirmed cases of Legionnaire’s Disease in Northwestern Westminster.
• September 9, 2024 – 25 cases of Dengue Virus identified in Orange County. • August 28, 2024 – HCA announced that a resident of Huntington Beach has tested positive for West Nile Virus Infection.
• May 10, 2024 – Local Outbreak of Hepatitis A among Persons Experiencing Homelessness
• July 31, 2024 – HCA announces a case of Measles in an adult who traveled to Orange County.
• May 16, 2024 – HCA announces a Ciprofloxacin-Resistant Neisseria Meningitidis. • April 9, 2024 – The CDC released an advisory related to the investigation and response to confirmed human infection with highly pathogenic avian influenza. • November 28, 2023 – OC Health Care Agency announced the increasing amount of cases of COVID-19, Respiratory Syncytial Virus, and Influenza disease.
Extent
The World Health Organization pandemic phases were developed in 1999 and revised in 2005. The phases are applicable to the entire world and provide a global framework to aid countries in pandemic preparedness and response planning. Phases 1-3 correlate with 705
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83 preparedness, including capacity development and response planning activities, while Phases 4-6 clearly signal the need for response and mitigation efforts. Below is a description of each phase.
• Phase 1: no viruses circulating among animals have been reported to cause infections in humans.
• Phase 2: an animal influenza virus circulating among domesticated or wild animals is known to have caused infection in humans and is therefore considered a potential pandemic threat.
• Phase 3: an animal or human-animal influenza virus has caused sporadic cases or small clusters of disease in people but has not resulted in human-to-human transmission sufficient to sustain community-level outbreaks. Limited human-tohuman transmission may occur under some circumstances, for example, when there is close contact between an infected person and an unprotected caregiver. However, limited transmission under such restricted circumstances does not indicate that the virus has gained the level of transmissibility among humans necessary to cause a pandemic.
• Phase 4: is characterized by verified human-to-human transmission of an animal or human-animal influenza virus able to cause “community-level outbreaks”. The ability to cause sustained disease outbreaks in a community marks a significant upwards shift in the risk of a pandemic. Any country that suspects or has verified such an event should urgently consult with WHO so that the situation can be jointly assessed and a decision made by the affected country if implementation of a rapid pandemic containment operation is warranted. Phase 4 indicates a significant increase in risk of a pandemic but does not necessarily mean that a pandemic is a forgone conclusion.
• Phase 5: is characterized by human-to-human spread of the virus into at least two countries in one WHO region. While most countries will not be affected at this stage, the declaration of Phase 5 is a strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short.
Probability of Future Occurrence
Although the timing of the outbreak of a pandemic or other public health emergency is difficult to predict, they will continue to occur continually and have a greater than 1% chance of occurring in any year.
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84 Impacts of Climate Change
There are several ways that climate hazards aggravate infectious diseases, both directly and indirectly. These include the slow rise in temperature; changes in environmental conditions that increase the dispersal of disease vectors such as mosquitoes, rodents, and ticks; and the sudden appearance of extreme events such as floods, which contaminate drinking-water sources and trigger the displacement of humans and animals, which can carry and transmit pathogens. According to the CDC, Climate Change, together with other natural and human-made health stressors, influences human health and disease in numerous ways. Some existing health threats will intensify, and new health threats will emerge.
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85 4.5.9 Severe Weather (Sever Wind, Extreme Heat, Winter Storm)
Hazard Description
Severe Wind
Windstorms are generally short-duration events involving straight-line winds or gusts of over 50–60 mph, strong enough to cause property damage. Damage from such winds accounts for half of all severe weather reports in the lower 48 states. Wind speeds can reach up to 100 mph and can produce a damage path extending for hundreds of miles. The Beaufort Wind Scale (Table 4-11) provides terminology and a description of potential wind impacts at different levels.
The following types of damaging winds represent a hazard within the planning area:
• Santa Ana Winds – In Southern California, strong, dry, gusty winds known as Santa Ana winds form when air from a region of high pressure over the desert region of the southwestern U.S. flows westward toward low pressure areas off the California coast. As the wind flows over the Sierra Nevada and Santa Ana mountains, dropping from high elevation to sea level, it becomes compressed and heats up, and its relative humidity drops. Gaps in mountains form wind tunnels that strengthen these winds as they pour warm air east to west through the canyons. Santa Ana winds may occur year-round but are most common from September through March. A Santa Ana wind event can yield sustained winds of 40 miles per hour; isolated wind gusts of over 80 miles per hour have been recorded.
• Downdrafts – A downdraft is a small-scale column of air that rapidly sinks toward the ground.
• Downbursts – A downburst is a strong downdraft with horizontal dimensions larger than 2.5 miles, resulting in an outward burst or damaging winds on or near the ground. Downburst winds may sometimes produce damage similar to a strong tornado. Although usually associated with thunderstorms, downbursts can occur with showers too weak to produce thunder.
• Microbursts – Microbursts are small, concentrated downbursts that produce an outward burst of damaging winds at the surface. Microbursts are generally less than
2.5 miles across and short-lived, lasting only five to ten minutes, with maximum wind speeds up to 168 mph.
• Tornados – Tornados are formed by the turbulent mixing of layers of air with contrasting temperature, moisture, density, and wind flow. Tornados have occurred in the planning area but are not common.
Windstorms can result in collapsed or damaged buildings, damaged or blocked roads and bridges, damaged traffic signals, streetlights, and parks, and other damage. Wind speeds 708
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86 as low as 32 mph can cause structural damage, and winds of 100 mph can destroy woodframe structures. They can also cause direct losses to buildings, people, and vital equipment. There are direct consequences to the local economy resulting from windstorms and the associated physical damage and interrupted services.
Extreme Heat
In most of the United States, extreme heat is defined as a period (two to three days) of high heat and humidity with temperatures above 90ºF. In extreme heat, evaporation is slowed, and the body must work extra hard to maintain a normal temperature, which can lead to death by overworking the human body. Extreme heat can cause heat exhaustion, in which the body becomes dehydrated, resulting in an imbalance of electrolytes. Without intervention, heat exhaustion can lead to collapse and heatstroke. Heatstroke occurs when perspiration cannot occur, and the body overheats. Without intervention, heatstroke can lead to confusion, coma, and death.
Extreme heat often results in the highest number of annual deaths among all weatherrelated hazards. Older adults, children, and sick or overweight individuals are at greater risk from extreme heat. According to the California Climate Adaptation Strategy, heat waves have claimed more lives in California than all other declared disaster events combined. It can take several days of oppressive heat for a heat wave to have a significant or quantifiable impact. Heat waves do not strike victims immediately, but their cumulative effects slowly cause harm to vulnerable populations.
Excessive heat is the primary weather-related cause of death in the United States, claiming over 100 lives each year. In a 30-year record of weather fatalities across the nation (1990- 2019), excessive heat claimed more lives each year than floods, lightning, tornados, and hurricanes (Erdman 2021). Extreme heat events do not typically impact buildings; however, losses may be associated with the urban heat island effect and overheating of heating, ventilation, and air conditioning systems. These extreme heat events can lead to drought, impact water supplies, and lead to an increase in heat-related illnesses and deaths.
Legislation has been introduced in California to rate and name heat waves. The categorization would help communities take measures to reduce the number of heatrelated fatalities (Washington Post 2021).
Winter Storm
During severe weather events such as rainfall and thunderstorms, rain can fall at such a high rate that it cannot drain away fast enough. The resulting heavy rain can cause flooding, leading to inundation and potential damage to buildings, road networks, public areas, utilities, and other critical pieces of infrastructure. In California, heavy rainfall events are often short, intense bursts of rain, but in some cases, heavy rain can persist for multiple days.
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87 Location
Extreme weather events have the potential to happen anywhere in the planning area. Wind events are most damaging to areas where trees and power lines can be knocked down.
Extreme heat events may be exacerbated in the City where reduced air flow, reduced vegetation, and temperatures that are several degrees higher than in surrounding less urbanized areas. Additionally, Extreme Heat can lead to loss of power in the planning area.
Winter storms can impact the entire planning area, bringing heavy rain which can cause localized flooding.
History
Table 4-11 summarizes search results from the National Center for Environmental Information Storm Events Database for Orange County storm events over the 20-year period from 2002 through 2025. Based on these results, wind events are likely to happen every year, significant heat events occur multiple times a year. Orange has not been included in any federal disaster declarations or state emergency proclamations related to Extreme Weather.
Table 4-11: Orange County Severe Weather Events, January 2002 – August 2025 Event Types Include Total Number of Events
High Wind, Thunderstorm Wind, Strong Wind, Tornado 423
Excessive Heat, Heat 10
Heavy Rain, Lightning, Winter storm 15
Extent
Windstorms
Generally, winds are measured using the Beaufort Wind Scale, developed in 1805, which categorizes wind events on a force scale from “0” to “12” using their speed and impacts.
Any wind classified as force nine or above is generally considered a severe wind event.
Table 4-12 identifies the Beaufort Wind Scale, which classifies wind events in detail. The City of Orange has experienced category “9” winds but has the potential to experience category “11” winds.
Table 4-12: Beaufort Wind Scale
Force Speed (mph) Description
0 0 to 1 Calm: Smoke rises vertically
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88 Table 4-12: Beaufort Wind Scale
Force Speed (mph) Description
1 1 to 3 Light air: The direction of the wind is shown by smoke drift but not wind vanes.
2 4 to 7 Light breeze: Wind is felt on the face, leaves rustle, and wind vanes are moved.
3 8 to 12 Gentle breeze: Leaves and small twigs are in motion, and light flags are extended.
4 13 to 18 Moderate breeze: Dust and loose paper become airborne, and small branches are moved.
5 19 to 24 Fresh breeze: Small trees begin to sway
6 25 to 31 Strong breeze: Large branches are in motion, and using an umbrella becomes difficult.
7 32 to 38 High wind: Whole trees are in motion and walking against the wind can be hard.
8 39 to 46 Strong wind: Walking is difficult, and twigs break off trees. 9 47 to 54 Severe wind: Slight structural damage.
10 55 to 63 Storm: Trees are uprooted and considerable damage to structures. 11 63 to 72 Violent storm: Widespread damage.
12 73 and above Hurricane: Devastating damage.
Source: https://www.weather.gov/mfl/beaufort
Extreme Heat
Extreme heat events will feel different from region to region since different areas have different historic high temperatures. For example, an extreme heat day on the coast will feel different than an extreme heat day in the High Desert. The reason for this is how humidity affects the perceived heat that people feel. Humid conditions will make a day feel hotter than non-humid conditions, even though the temperature may be the same. The difference between the perceived and actual temperatures is known as the “heat index.” To illustrate the effect of the heat index, a 90-degree day with 50% humidity feels like 95°F, whereas a 90°F Day with 90% humidity feels like 122°F. Figure 4-18 illustrates the National Oceanic and Atmospheric Administration's (NOAA) National Weather Service Heat Index.
Extreme heat events are not limited to any part of the City. They occur with the same intensity and duration at the same time across all locations in Orange. For Orange, an extreme heat day involves a temperature that exceeds 100°F. These thresholds are based on a 2% probability event. The City of Orange has experienced Heat Advisories but has the potential to experience Excessive Heat Watches do to climate change. Below are the 711
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89 three related heat advisories released by the National Weather Service. • Extreme Heat Warning—Take Action! An Extreme Heat Warning is issued when extremely dangerous heat conditions are expected or occurring. Avoid outdoor activities, especially during the heat of the day. If you must be outside, be sure to drink plenty of water and take frequent breaks in the shade. Stay indoors in an airconditioned space as much as possible, including overnight. Check on family and neighbors.
• Extreme Heat Watch—Be Prepared! An Extreme Heat Watch is issued when conditions are favorable for an extreme heat event but its occurrence and timing is still uncertain. Plan to suspend all major outdoor activities if a warning is issued. If you do not have air conditioning, locate the nearest cooling shelter or discuss staying with nearby family or friends who have air conditioning. • Heat Advisory—Take Action! A Heat Advisory is issued for dangerous heat conditions that are not expected to reach warning criteria. Consider postponing or rescheduling outdoor activities, especially during the heat of the day. If you must be outside, be sure to drink plenty of water and take frequent breaks in the shade.
Stay in a cool place, especially during the heat of the day and evening.
Figure 4-18: NOAA’s National Weather Service Heat Index Winter Storm
California’s precipitation varies from year to year, depending on how much moisture the state receives from atmospheric rivers. Atmospheric rivers are corridors along which wet 712
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90 air travels from the tropics to continents. When the moisture arrives in California, it may precipitate as rain or snow. One of California's most known atmospheric rivers is the “Pineapple Express,” which brings moist air from the ocean surrounding Hawaii to California. An immense amount of moisture may be transported along the atmospheric rivers that cross over California during certain years, leading to severe rain.
Another weather phenomenon influencing rainfall in southern California is “El Niño,” officially referred to as the “Southern Oscillation” or “El Niño-Southern Oscillation (ENSO).” ENSO can cause increased rainfall, particularly during the winter months, caused by warming of the surface of the eastern tropical Pacific Ocean, leading to the evaporation of warm, moist air into the atmosphere. Winds bring this moisture to the eastern Pacific and the American continents, where it falls as rain. ENSO does not always lead to increased rainfall by default, but in general, it can increase the chances of winter with higher-thanusual precipitation.
Rain events are usually measured by the amount of precipitation that falls. Table 4-13 categorizes rain events by the amount of precipitation per hour. The City of Orange experiences Heavy Rain Annually but has the potential to experience Heavy Showers.
Table 4-13: Measuring Heavy Rain Events
Rain Type Description
Heavy Rain More than 4 mm per hour but less than 8 mm per hour Very Heavy Rain Greater than 8 mm per hour
Moderate Shower Greater than 2 mm, but less than 10 mm per hour Heavy Shower Greater than 10 mm per hour, but less than 50 mm per hour Violent Shower Greater than 50 mm per hour
Source: https://water.usgs.gov/edu/activity-howmuchrain-metric.html Probability of Future Events
Based on history, extreme weather events, including Santa Ana winds or microburst tornadic activity can be expected, perhaps annually, across widespread areas of Orange County. In the U.S., average surface temperatures have risen more quickly since the late 1970s (0.36 to 0.55 degrees F per decade), with seven of the top 10 warmest years on record since 1998. This will lead to more days of extreme heat every year.
There is no indication that severe weather (Severe Wind, Extreme Heat, Winter Storm) will abate either in Orange or the greater region of Southern California in the future. While Orange may experience prolonged periods of dry or wet years, all expectations are that the probability Orange will experience a severe weather event (Severe Wind, Extreme Heat, Winter Storm) in the next year is likely (75% Chance) and is anticipated to increase 713
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91 in the future.
Impact of Climate Change
Climate change is a key driver of severe weather events, including extreme heat and winter storms. Climate change has led to an increase in the earth’s surface temperature which has caused hotter days and warmer nights. Winter storms have the possibility of becoming more frequent with the climate temperatures increasing, and the atmosphere becoming more convective.
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92 4.5.10 Tree Mortality
Hazard Description
Between 2012 and 2019, California experienced an unprecedented drought. The drought, combined with the increased infestation of native bark beetles and record temperatures, contributed to the death of millions of trees across California. Dead or dying trees are subject to sudden unpredictable falling or dropping heavy limbs. This can happen anytime but is mor prevalent during high winds and/or saturation of soils from heavy or extended rainfall. Falling trees or limbs can cause injury or death, as well as damage to private and public structures, including power and communications line, posing secondary hazards to persons. Dead trees also pose fire hazards in both urban and wildland urban interface areas.
During severe weather or earthquake events, fallen trees or limbs may also block roadways impeding emergency vehicles, and/or emergency evacuations. Fallen trees may also block drainage channels causing local flooding during heavy rains.
The primary threats to trees are pests and disease. Common causes of tree mortality in southern California include Sudden Oak Death, Dutch Elm Disease and Fire Blight. Boring pests such as bark and wood boring beetles.
Benefits of Trees in Urban Areas
The urban forest provides multiple benefits to the urban environment and population.
These include:
• Economic: Trees increase property values, and their maintenance provides jobs for landscapers and arborists. Shade trees reduce energy costs for cooling residential and commercial buildings in summer and can reduce winter heating costs by reducing wind chill. Shade trees can also help to extend the life of bituminous pavements in streets and parking lots.
• Environmental: Trees absorb carbon and other pollutants from the air, improving air quality.
• Health: By reducing pollutants in the ambient air trees contribute to making the air we breathe healthier. Tree canopies along streets and trails and in public parks encourage people to participate in outdoor recreation, improving physical health.
And by creating pleasing environment, trees contribute to improved mental and emotional health.
Location
Orange is fortunate to have a vibrant urban forest of multiple tree varieties including Liquidambar, Southern Magnolia, and Canary Island Pine. The West Coast Arborist maintains a tree database which shows an inventory of neatly 25,000 trees in the City of 715
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93 Orange. Locations include:
• Street Trees
• Parks, Trails and Public Open Space
• Private Property
History
The City has long recognized threats to tree mortality and in 1999 adopted a Street Tree Master Plan to provide guidance for the planting and removal of street trees. The City annually budgets funds to replant about 600 trees a year on public property, parks, and rights-of-way on an on-going basis.
Extent
There is no recognized scale to outline or comprehensively assess the impacts of tree mortality in the City of Orange. The absence of such a scale means that while threats to tree health are city-wide and affect both public and private property, the impacts are not systematically measured or categorized in an official manner within the city's available resources.
Regulatory Context
The City has adopted a Street Tree Ordinance and a Tree Preservation Ordinance as part of the City of Orange Municipal Code. The Street Tree Ordinance has clear specifications and requirements for the planting, removal and maintenance of trees and shrubs. The Tree Preservation Ordinance provides protection for healthy, mature trees on private property and provides criteria under which trees may be removed.
The City will also continue to enforce its Street Tree Ordinance and Tree Preservation Ordinance as part of the City of Orange Municipal Code. The Street Tree Ordinance has clear specifications and requirements for the planting, removal and maintenance of trees and shrubs. The Tree Preservation Ordinance provides protection for healthy, mature trees on private property and provides criteria under which trees may be removed. The Street Tree Master Plan, Street Tree Ordinance, and Tree Preservation Ordinance will help preserve and manage the City’s urban forest and maintain the City’s Tree City U.S.A. status.
Probability of Future Events
Tree mortality poses an on-going threat throughout California and including the City of Orange. Pests, disease, severe weather, vandalism, fires, and traffic accidents will continue to cause destruction of trees for the foreseeable future. 716
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94 Impacts of Climate Change
Extended periods of drought increase damage to trees up to and including mortality.
Extended periods of heavy rain may saturate soils weakening root structures. The warming climate also makes trees more vulnerable to attacks from insects, other pests, and disease. 717
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95 4.5.11 Human Caused Hazards
Cyber Security Threats
Hazard Description
Cyberterrorism and cyberattacks are terms for cybersecurity threats that are often used interchangeably, though they are not the same. All cyberterrorism is a form of cyberattack, but not all cyberattacks are cyberterrorism.
Public and private computer systems can experience a variety of cyberattacks, from blanket malware infection to targeted attacks on system capabilities. Cyberattacks specifically seek to breach information technology security measures designed to protect an individual or organization. The initial attack is followed by more severe attacks to cause harm, steal data or for financial gain. Organizations are prone to different types of attacks that can be automated or targeted.
Any facility that relies on computers, computer systems and programs for their operations could be a target. Generally, attacks last minutes to days, but large-scale events and their impacts can last much longer. As information technology continues to grow in capability and interconnectivity, cyber threats become increasingly frequent and destructive. Cyber threats differ by motive, attack type and perpetrator profile. Motives range from the pursuit of financial gain to political or social aims. Cyber threats are difficult to identify and comprehend. Types of threats include using viruses to erase entire systems, breaking into systems and altering files, using someone’s personal computer to attack others, or stealing confidential information. The spectrum of cyber risks is limitless, with threats having a wide range of effects on the individual, community, organizational, and national threat. Below are a list of the most common threats.
Ransomware
The FBI defines ransomware as a type of malicious software, or malware, which prevents you from accessing your computer files, systems, or networks and demands you pay a ransom for their return. Businesses should have a business continuity plan in case of a ransomware attack.
Cyberterrorism
The FBI is the lead federal agency for investigating cyberterrorism. In order for a cyberattack to be considered terrorism, the attack must be premeditated and politically motivated against information, computer systems, computer programs, or data. “Cyberterrorism may be carried out by state and non-state actors which have the capability to steal, alter, or destroy the nations sensitive data and, in the worst of cases, to manipulate from afar the process control systems that are meant to ensure the proper functioning of portions of the nations’ critical infrastructure” (FBI, The Cyber Threat and the FBI’s Cyber Program). Critical infrastructure and the nation are becoming more vulnerable to 718
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Location
Since computers are so ubiquitous, a cyber threat could appear in virtually any part of the City. In extreme circumstances, a threat could impact the entire City. Cyber threats vary in length and severity of impact. A minor threat could cause computer systems to slow down for a few minutes and not behave as responsively. On the other hand, a major cyber threat could cause a complete shutdown of critical systems, including History
Cyberattacks on U.S. companies occur daily, and the quantity and quality of information being hacked, stolen, destroyed, or leaked is becoming an increasing problem for consumers, government entities, and businesses.
The following list is of recent cyber-attacks that affected government agencies:
• May 13, 2024 – The City of St. Helena detected unauthorized activity on their network. Based on the investigation, it was determined that an unauthorized third party accessed materials on the network containing personal information, including names, contact information, date of birth, and limited medical information. • April 2023 – The San Bernardino County Sheriff’s Office reported a security breach that encrypted its systems and reduced operations for over two weeks. A member of the Sheriff’s Office clicked on a phished link and downloaded ransomware, disrupting emails and dispatch computers. The ransom cost $1.1 million in cryptocurrency.
• February 8, 2021 – A hacker exploited a vulnerability in a desktop sharing platform to access a water utility’s treatment plant industrial control system. The hacker increased the quantity of chemicals used in the water treatment process to a dangerous level. An employee of the utility noticed inconsistencies and immediately reduced the chemical levels to normal and notified the IT department. • December 11, 2021 – UKG Kronos was a victim of a ransomware attack that incapacitated Long Beach Fire Department Staffing Program, Telestaff, for approximately two months.
• April 30, 2018 – In Pasadena, City employee email accounts were compromised through a phishing scheme. Hackers used access to accounts to send out fraudulent emails to City contacts. The City immediately disabled accounts and changed passwords of all City employees and advised residents and associates to take caution when opening emails from City.
• November 22, 2017 – 500 Los Angeles Superior Court employees received fraudulent emails leading to fake websites asking for account credentials. Less than a dozen employees fell for the phishing scam. A 31-year-old Texas resident was found to be responsible for the hacking.
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those used by banks, healthcare institutions, universities, major businesses, and City governments.
Extent
The Index of Cyber Security (Figure 4-19) can be referenced to understand the status of cyber threats, which identifies the measure of perceived risk. Since 2015, this index has trended upward and appears to have doubled in this timeframe.
Figure 4-19: Index of Cyber Security
Cyber threats are not measured on any scale, but they can be assessed by determining the following:
• The type of incident (website defacement, denial of service, unauthorized surveillance)
• The use of malicious software
• The level of security countermeasures that failed to prevent the cyber threat. 720
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Due to the integrated nature of technology into the everyday lives of Orange’s residents, businesses, and government operations, it is possible that a cyber threat could emerge in the future. While no cyber threats are publicly known to have disrupted the City’s normal operations in the past, the likelihood of a cyber threat affecting the residents, businesses, and/or governmental operations in the future is increasing.
Power Outage
Hazard Description
A power outage is the loss of the electricity supply to an area. In addition to natural hazards, power failure can result from a defect in a power station, damage to a power line or other part of the distribution system, a short circuit, or the overloading of electricity mains.
A power outage may be referred to as a blackout if power is lost completely or as a brownout if some power supply is retained, but the voltage level is below the minimum level specified for the system, and a short circuit indicates a loss of power for a short amount of time (usually seconds). Some brownouts, called voltage reductions, are made intentionally to prevent a full power outage.
Power outages may also be intentionally induced due to high power demand that exceeds supply or due to actions taken by utility companies to de-energize power lines when there is the possibility of energized power lines being downed during fire Red Flag warnings and causing fires.
Additionally, Southern California Edison, the City’s electrical provider, can implement Public Safety Power Shutoffs (PSPS) as a precautionary measure implemented by utility companies to reduce the risk of wildfires during hazardous conditions, such as strong winds and high temperatures. Under these guidelines, utilities may proactively turn off electricity to certain areas when there is a significant threat that energized power lines could be downed and ignite fires. These shutoffs, while disruptive, are intended to protect public safety by preventing catastrophic events, especially in regions prone to wildfires. PSPS events can last from several hours to several days, depending on weather conditions and the time needed to inspect and restore power lines safely.
Location
Power outages can affect the entire City. It is most probable to affect certain portions of the City at a time. Those residents in the WUI area, are prone to experiencing PSPS events. 721
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August 2020 saw the first California electricity providers institute rolling blackouts since 2001. Hundreds of thousands of people experienced brief power outages through the several evenings after the body that manages most of the state's electric utilities declared a Stage 3 emergency to help reduce stress on the larger grid. Electricity demand surged through the day as temperatures topped the triple digits in many parts of the state, and people cranked up fans and air-conditioning units to try to stay cool. The emergency order was rescinded before midnight, and power was fully restored to all affected households.
The 2011 Southwest blackout, sometimes referred to as the Great Blackout of 2011, was a widespread power outage that affected the San Diego–Tijuana area, southern Orange County, the Imperial Valley, Mexicali Valley, and Coachella Valley, and parts of Arizona. It occurred on Thursday, September 8, 2011, beginning at about 3:38 pm PDT and was the largest power failure in California history.
The 2000-2001 California electricity crisis brought to light many critical issues surrounding the State's power generation and distribution system, including its dependency on out-ofstate resources. Although California has implemented effective energy conservation programs, the State continues to experience both population growth and weather cycles contributing to a heavy demand for power. The 2000 and 2001 blackouts occurred due to losses in transmission or generation and/or extremely severe temperatures that lead to heavy electric power consumption.
Extent
Power outages are typically measured by the number of customers without power. This number is two to three times lower than the number of people affected.
Probability of Future Occurrence
While the location, duration, and number of people affected cannot be predicted, power outages in the City service area are likely to occur on a continual basis with the likelihood of an incident greater than 25% in any year. The likelihood increases in areas where PSPS can occur.
Impact of Climate Change
Climate change may affect the number and severity of power outages. As hotter conditions result in more and longer Red Flag warnings and concomitant PSPS, more power outages will occur.
Regulatory Context
The California Public Utilities Commission (CPUC) plays a pivotal role in regulating privately-owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies. It ensures a safe, reliable utility service at reasonable rates and protects against fraud.
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Hazardous Material Release – Pipeline Failure, Transportation Accidents, Oil Spills
Hazard Description
A hazardous material is any material that, due to its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released. Hazardous materials include but are not limited to hazardous substances, hazardous waste, and any material that a business or local implementing agency has a reasonable basis to believe would be injurious to the health and safety of people or would be harmful to the environment if released.
The LHMP does not focus on the hazards contained in everyday products but rather on the hazards associatedwith potentialreleases of hazardous substances from transportation corridors and fixed facilities within the City.
Exposure to hazardous materials can cause injury, illness, or death. Effects may be felt over seconds, minutes, or hours (short-term effects) or not emerge until days, weeks, or even years after exposure (long-term effects). Some substances are harmful after a single exposure of short duration, but others require long episodes of exposure or repeated exposure over time to cause harm.
Hazardous materials in the City service area primarily consist of paints, solvents, adhesives, gasoline, household cleaners, batteries, pesticides and herbicides. Public Works has various facilities that use chemicals that if not appropriately contained or during a natural hazard can potentially be released into the air. The toxicity of a specific substance is one important factor in determining the risk it poses, but other factors can be just as important, if not more so. Factors affecting the severity of hazardous material release include:
• Toxicity
• Quantity
• Dispersal characteristics
• Location of release in relation to population and sensitive environmental areas • Efficacy of response and recovery actions
Mobile incidents include those that occur on a roadway or a railroad. These incidentrelated releases are dangerous because they can occur anywhere, including near human populations, critical facilities, or environmentally sensitive areas. Mobile incident-related releases can also be more difficult to mitigate because of the great area over which any given incident might occur and the potential distance of the incident site from response resources.
The release of hazardous substances from stationary sources can be caused by human error, equipment failure, intentional dumping, acts of terrorism, or natural phenomena.
Earthquakes pose a particular risk because they can damage or destroy facilities containing 723
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hazardous substances. The threat posed by a hazardous-material event can be amplified by restricted access, reduced fire suppression and spill containment capability, and cutoff of response personnel and equipment.
Location
The City, like many urban areas, has businesses that handle and store various hazardous materials essential for industrial, commercial, and public health applications. Figure 4-20 contains an approximate location of each hazardous material location.
Figure 4-20: City of Orange Hazardous Materials Locations 724
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History
Southern California, with its vast industrial landscape and densely populated urban areas, faces numerous environmental challenges, including the release of various hazardous materials. These releases can originate from industrial facilities, transportation accidents, and other sources, posing significant risks to public health and the environment. Below is a list of the most resent hazard materials released.
• Aliso Canyon Gas Leak (2015-2016) – The Aliso Canyon gas leak in Los Angeles County released massive amounts of methane, a potent greenhouse gas. The leak lasted several months, causing health problems for nearby residents and contributing to climate change.
• Exide Technologies Plant (2013) - The Exide Technologies battery recycling plant in Vernon was found to have released hazardous levels of lead and arsenic into the air and soil. This led to the plant's closure and extensive cleanup efforts to protect public health and the environment.
• Refugio Oil Spill (2015) - The Refugio Oil Spill off the coast of Santa Barbara impacted the region's environment. Thousands of gallons of crude oil spilled into the ocean, affecting marine life, coastal ecosystems, and local economies.
Extent
The extent of a hazardous material spill may vary from significant impacts causing injuries and evacuation to minor impacts requiring minimal cleanup. Hazardous materials releases can be harmful in the following ways:
• Chemical, biological, and radiological agents can cause significant health risks to those exposed to them; biological agents can be additionally dangerous if they are infectious. Flammable and explosive materials also present life safety concerns when exposed to heat.
• Oil spills can present an immediate fire hazard and can contaminate drinking water supplies. Any release of hazardous material requires a thorough and careful clean-up of the site and decontamination of those exposed. Clean-up and recovery are time and cost consuming.
• Delays caused by hazardous materials releases and the ensuing evacuation and cleanup processes could lead to significant economic losses due to traffic delays (mobile releases) or operational shut-down (fixed facilities). • Overall, hazardous materials can cause death, serious injury, long-lasting health effects, and damage to buildings, the environment, homes, and other property. 725
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Probability of Future Occurrence
Based on previous occurrences, the likelihood of small hazardous materials releases is high and can occur at any time anywhere in the City.
Regulatory Environment
To address the release of hazardous materials, Orange County has implemented several regulatory measures and public health initiatives. These efforts aim to minimize risks, ensure compliance with environmental laws, and promote community awareness. • The South Coast Air Quality Management District (SCAQMD) is responsible for regulating air quality in the region. It sets emissions standards, monitors air pollution, and enforces regulations to reduce the release of hazardous air pollutants. • The. Orange County Health Care Agency (HCA) works to protect public health by monitoring environmental hazards, conducting health assessments, and providing information to the community about potential risks and safety measures. • The California Environmental Protection Agency (CalEPA) oversees environmental protection efforts statewide, including in Orange County. It enforces regulations related to hazardous waste, water quality, and toxic substances, and provides funding for cleanup and mitigation projects.
Terrorism
Hazard Description
Terrorism is the use or threat of force to achieve a particular social or political outcome.
The goals of terrorism may sometimes be overturning a government, the reversal of a public policy, political prisoners' release, and other such motives. Acts of terror may overlap with acts of war or hate crimes. Generally, terrorism involves an attempt to kill or seriously harm people or disrupt civil society by destroying property or infrastructure, attacking government operations at all levels, interrupting essential public services, creating chaos, or a combination of some or all these goals. Firearms and explosives are the most common weapons used among terrorists. In extreme situations, terrorists may gain access to mass destruction weapons, including bioweapons, chemical agents, radioactive materials, or high-yield explosives. It should be noted that these events are infrequent. While incidents of terror caused by foreign individuals or groups receive significant media and public attention, most acts of terror in the U.S. have been caused by domestic terrorists.
Location
Acts of terrorism can occur anywhere, although public spaces and locations where many people congregate (parks, schools, places of worship, government facilities, shopping centers, and public gathering areas) are most common. Critical locations in Orange may include, shopping centers, governmental facilities (i.e., City Hall), colleges, medical facilities, parks, and large employers within the City. Acts of terrorism may be located at 726
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the locations listed above; however, the perpetrators may also choose high-value targets such as electric-generating facilities, water treatment plants, dams or reservoirs, railroads, highways, and other facilities that could impact governmental operations and services.
History
The City has experienced two acts of terrorism/mass casualty incidents. One in March of 2021 and the other in December of 1997. The following acts of terrorism/mass casualty incident events have occurred in California and Orange County.:
• August 2023 – On August 23, 2023, a Retired Ventura Police Sgt. John Snowling opened fire inside and outside the Cook’s Corner bar, first targeting his estranged wife and then eight others.
• March 2021 - On March 31, 2021, a mass shooting occurred at an office complex in Orange, California, United States. Four people were killed, including a child, and a fifth person was critically wounded
• August 1999 – On August 10, 1999, an American white supremacist walked into the lobby of the Jewish Community Center in Granada Hills and opened fire with an Uzi sub machine gun, firing 70 bullets into the complex. The gunfire wounded five people.
• December 1997 – In December 1997, a former employee returned to the Caltrans Maintenance Yard where he opened fire and killed 4 people and wounded 3 others. • July 2002 – A man opened fire at the ticket counter at Los Angeles International Airport, killing two people and injuring several others before being shot dead by security personnel.
• May 2015 – Two Anaheim-based men were arrested at a Transportation Security Administration checkpoint at the Los Angeles International Airport who had reportedly sworn allegiance to the Islamic State of Iraq and Syria (ISIS). One of these men, Muhanad Badawi, was a student at Fullerton College. • December 2015 – A mass shooting and terrorist attack committed by a married couple who had reportedly sworn allegiance to ISIS killed 14 people at a medical facility in the City of San Bernardino.
• April 2019 – The Poway synagogue shooting occurred on April 27, 2019, at Chabad of Poway synagogue in Poway, California on the last day of the Jewish Passover holiday, which fell on a Shabbat. Armed with an AR-15–style rifle, the gunman, fatally shot one woman and injured three other people, including the synagogue's rabbi.
Extent
Mass Casualty Incidents and acts of terrorism are typically measured by the fatalities, injuries, and destruction they cause, but there is no universally used scale for measuring these events.
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Probability of Future Occurrence
Given that mass casualty incidents and acts of terrorism stem from a variety of factors:
economics, societal pressures, mental health, global geopolitics, warfare, religion, etc. it is impossible to predict when and where an incident could occur. Community events, such as the street fair and car shows are particularly important. While important, it is anticipated that any future incidents would likely originate domestically and are less likely to attract the attention of international terrorist groups. Incidents of these types are more likely to be conducted by smaller organizations or individuals aligned with greater-known organizations, although the effects may be no less significant. 728
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4.5.12 Infrastructure Failure (Building Collapse/Water
System Failure)
Building Collapse
Hazard Description
A building collapse is the sudden structural failing, partially or entirely, of a building, threatening human life and health. When internal load-bearing structural elements fail, a building will collapse into itself, and exterior walls pulled into the falling structure. This scenario may be caused by construction activity, an earthquake or fire, and may result in a dense debris field with a small footprint. Alternatively, if an explosion or natural forces such as weather cause structural failure, the building may collapse in an outward direction, resulting in a less dense and more scattered debris field.
Location
The entire city has homes and structures that are capable of collapsing under extreme circumstances.
History
There have been no instances of building collapses in the City of Orange.
Extent
The severity of building collapse is influenced by the age and stability of the infrastructure.
The City Planning Department regulates building codes and regulations to ensure safety and mitigate risks.
Probability of Future Event
Although there has not been a building collapse in the City of Orange. Aging infrastructure can lead to instability with the increase chance due to seismic hazards.
Water System Failure
Hazard Description
Water Systems failure is an undesirable or unintended event, occurrence, or situation involving the city’s water infrastructure or the discontinuation or significant disruption of water services that could seriously compromise public safety. This infrastructure is a public utility infrastructure and, if compromised, would result in a temporary loss of essential function and/or services.
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Location
The City has miles of water distribution lines and numerous facilities that treat and distribute potable water, which means a water infrastructure failure can happen anywhere in the City. Often these incidents are limited to a small, localized region City, but during a seismic event, it can potentially affect the entire City.
History
There has not been any long-term water system failure in the City.
Extent
The extent of a water system failure can vary significantly, from minor disruptions affecting small, localized regions to severe incidents that impact the entire city. In cases of minor failures, only a small portion of the water distribution network may be compromised, leading to temporary loss of service or reduced water pressure in isolated areas. However, during major events such as seismic activities, the entire water infrastructure could be at risk, resulting in widespread outages and significant disruptions to public safety and essential services. The severity of the impact is often influenced by the integrity of the aging water infrastructure, the preparedness of the city to handle such failures, and the speed at which the problem can be resolved. Failure to address these vulnerabilities can lead to long-term consequences for residents, businesses, and critical facilities that rely on a consistent water supply.
Probability of Future Event
Although there has not been a long-term water system failure in the City of Orange. Aging water infrastructure and the potential for terrorism and cyber-attack can increase the likelihood of this hazard impacting the City.
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SECTION 5: RISK ASSESSMENT
5.1 Risk Assessment
A risk assessment involves evaluating vulnerable assets, describing potential impacts, and estimating losses for each hazard. The intention of a risk assessment is to help the community understand the greatest risks facing the City based on the hazard analysis. The risk assessment defines and quantifies vulne, buildings, critical facilities, and other assets at risk from hazards and is based on the best available data and the significance of the hazard. The risk assessment further examines the impact of the identified hazards on the City, determines which areas of the City are most vulnerable to each hazard, and estimates potential losses to City facilities for each hazard.
5.2 Populations At Risk
Residential population data for Orange was obtained from the State of California Department of Finance E-1 Population Estimates for Cities, Counties, and the State — January 1, 2022. The population is estimated to be 117,096. Everyone within the City limits is vulnerable to at least one of the hazards profiled in the plan. The level of risk to each hazard depends on the proximity from hazard zones. For example, the entire City is susceptible to the affects of earthquakes but only the east side of the city is susceptible to wildland fires.
5.3 Critical Facilities and Facilities of Concern
Critical facilities (CF) consist of properties and structures that play important roles in government operations and the services they provide to the community. Examples of CFs include local government offices and yards, community centers, public safety buildings like police and fire stations, and other properties a city has deemed essential for its operations.
Critical Facilities may also serve dual roles if a city designates them as public assembly points during an emergency. Critical Facilities are often owned by the City, but some may also be owned and operated privately, such as some utilities and telecommunication infrastructure. Facilities of Concern (FOC) are similar to critical facilities; however, the City may not own them, or their purpose and function are not as important to the function of the City after a disaster. These facilities are identified to ensure the City understands their potential vulnerability to the hazards of concern.
The HMPC identified a total of 77 facilities (55 CFs and 22 FOC) in Orange. Table 5-1 shows the number of CFs and FOC in each category, the total estimated replacement value for these facilities, and examples of the type of facility in each category. Figure 5-1 shows the locations of the mapped CFs and FOC in Orange. It is important to note that water infrastructure, although included in the overall assessment, is not mapped in the LHMP for 731
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security reasons.
Figure 5-1: City of Orange Critical Facilities
The potential loss values identified in subsequent tables are based on the City’s total insured value using the City’s Insured Asset Inventory. It is intended to provide an estimate of the replacement cost if the property/structure is completely or severely damaged. The actual costs of repair could be smaller or larger than the provided estimate. Since the data comes from the City’s Insured Asset Inventory, facilities not owned by the City will not 732
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have a replacement value listed or be identified in the plan. Where this occurs, “N/A” has been used within the table.
Based on the available data provided by the City, a minimum of $237,597,614.00 worth of City-owned assets were analyzed. The total potential loss value of all City-owned and non-City-owned assets is much higher but is unknown due to data limitations.
The greatest potential for loss among City-owned assets comes from the Critical Facilities category, which includes but is not limited to government operation, city hall, police stations, and fire facilities throughout the City. The next critical facility category with the greatest potential for loss would be City owned community centers, parks, and libraries.
To better understand the magnitude of impacts, this plan identifies representative percentages of potential impact based on the total valuation of City assets. For planning purposes, we identified different tiers of impact that could occur. It is reasonable to assume that impacts would not exceed 50% of the total asset value city-wide during a single event.
The following are parameters to help understand how much a proposed investment/improvement compares to the existing assets within the City:
• 1% Impact - $2,375,976.00
• 5% Impact – $11,879,880.00
• 10% Impact – $23,759,761.00
• 20% Impact - $47,519,522.00
• 50% Impact - $118,798,807.00
The possibility that all facilities will be completely damaged simultaneously is extremely rare. Based on the hazard, most impacts are anticipated to be isolated to certain locations.
This estimate does not include the value of the City's underground infrastructure and surface drainage facilities. Table 5-1 lists the number of facilities and their associated potential replacement values.
Table 5-1: Critical Facilities and Facilities of Concern in Orange Category
# of
Facilities -
Critical
# of
Facilities -
Concern
Examples Potential Loss
Government
Operations,
Emergency
Operations
18 9 City Hall, City Hall Council
Chambers, Corporate
Yard, Fuel Storage Tanks,
Police Facilities
$184,772,921.00
Water
Infrastructure
28 0 Wells, Stations, Booster
Stations, Pressure
Reducing Systems, Water
Treatment, Conveyance
Systems
$24,022,124.00
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Table 5-1: Critical Facilities and Facilities of Concern in Orange Category
# of
Facilities -
Critical
# of
Facilities -
Concern
Examples Potential Loss
Recreational and
Community
Centers
9 13 Stadiums, Libraries, Parks,
Community Centers, etc.
$28,802,569.00
Total 55 22 --- $237,597,614.00
* Potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
5.4 Analysis of Potential Losses by Hazard
Climate Change
Physical Threat
Climate change introduces significant physical threats to infrastructure, particularly in reservoir-dependent regions. Alterations in precipitation patterns and increased instances of extreme weather events can lead to heightened risks of flooding, erosion, and sedimentation. Climate Change can place immense strain on reservoirs and surrounding structures, necessitating higher maintenance and adaptive design measures. Infrastructure such as intake systems, dams, and levees may experience accelerated wear and tear due to fluctuating water levels, while prolonged droughts can reduce water availability, undermining operations reliant on these systems. Effective planning and resilient engineering practices are crucial to mitigate these challenges and preserve functionality.
Social Threat
Climate change disproportionately affects marginalized communities. Those who lack access to resources, infrastructure, and support systems are at the greatest risk of experiencing its adverse effects. In urban settings, marginalized groups living in underprivileged neighborhoods are more likely to suffer from heatwaves and water shortages.
Changes in Population Patterns and Land Use and Development Climate change is not expected to cause changes in populations patterns or development. 734
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Dam Failure
Physical Threat
Various factors, such as the amount of water released, the distance between the dam failure site, and the topography of the surrounding land, will influence the extent to which physical assets in Orange are threatened. The Santiago, Villa Park, and Prado Dams have large storage capacities that could cause localized inundation in Orange if the reservoir waters are released due to a dam breach. Table 5-2 identifies the physical assets in Orange that are threatened by the potential failure of the reservoirs. Based on this analysis, dam inundation would affect 6 CFs and 2 FOCs within the City, with the potential to cause approximately $95 million in damages, based on available information. Figure 5-2 shows the location of the identified CFs and FOCs within these dam inundation zones.
Table 5-2: Critical Facilities and Facilities of Concern (Dam Failure) Category # of Facilities
- Critical
# of Facilities
- Concern Potential Loss**
Government Operations 0 1 $32,427,589
Emergency Operations 6 0 $63,199,258
Recreational and Community Centers 0 1 $0
Total 1 1 $95,626,847
** Based on the City of Orange insured replacement values potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
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Figure 5-2: Critical Facilities and Facilities of Concern in Dam Inundation Zones 736
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Social Threat
Dam failure hazards in the City would impact various downstream properties and the residents that live there. Table 5-3 identifies these potential dam failure impacts caused by a dam failure. Failure of the dam would affect almost 20% of the population in the City of Orange.
Table 5-3: Dam Failure Threatened Populations
Threatened Population Metric Dam Inundation Hazard City Population 85,000 117,096
Households 27,000 44,867
Acres 9600 16,512
Schools 15 26
Houses of Worship 8 13
Medical Centers 10 15
*Amounts are estimates based on the U.S Census only, as exact values for some statistics were not available.
Actual amounts may be greater than the estimate presented in the table.
Other Threats
Dam failures are often triggered by other events (e.g., seismic shaking, intense rainstorms, etc.). There would most likely be service disruptions in Orange if this type of event occurred. Floodwaters could quickly inundate the city, disrupting utilities such as water, power, and other services (communications or transportation infrastructure). Residents may find street lighting and traffic signals are temporarily disabled. Debris carried by the rapid inundation may result in injury or death, destroyed structures and facilities.
Changes in Population Patterns and Land Use and Development Population in the inundation zone may choose to move out of the City or out of the inundation area if the impacts of dam failure are great enough.
Dam failure is unlikely to affect land use and development because the development review process will take steps to mitigate or minimize flood-related impacts. Areas inundated within the City would not be significantly altered, requiring changes in land use and development patterns.
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Drought
Physical Threat
Since the primary threat from drought is reduced water supply and availability, there are no foreseeable threats to any of the City’s physical assets. It is possible that any water delivery infrastructure not used or used less than usual may fall into some degree of disrepair if maintenance is deferred. Lower water pressures may cause some aged water pipes to release rust particles into the water supply. Amenities within facilities, like water features and landscaping, could be affected by reduced watering. If dead or dying vegetation becomes a nuisance, the City may have to replace or retrofit locations affected.
Social Threat
Droughts are unlikely to cause serious social threats to households in Orange, though residents and business owners in the City may experience financial impacts associated with water conservation efforts. Those with less access to financial resources, such as lowincome households or seniors, could be harder hit if higher water rates or additional fees are imposed during a severe drought event.
Other Threats
A typical drought is not anticipated to lead to any outages in service in Orange. However, an exceptional drought may lead to restricted water use for residents or businesses in the City. Trees that are not adequately adapted to lower irrigation levels could perish, altering the City’s aesthetic appearance and long-term air quality. Any open spaces with extensive lawns may start to die, turning brown, which could discourage residents from using these parks and open spaces. In addition, long-term drought conditions can change and reduce soil’s ability to absorb water. When this occurs, water runoff from these areas may increase, which could cause downstream flooding, debris flows and erosion in some areas.
Changes in Population Patterns and Land Use and Development Droughts occur periodically (primarily during the Summer/Fall months) and generally do not affect populations to the degree that they would need to migrate in and out of the City. A drought in Orange is doubtful to have any significant effect on population patterns.
It is unlikely that drought will affect land use and development because the development review process will take steps to mitigate or minimize the impacts and vulnerability of drought in Orange.
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Earthquake/Geological Hazards
Physical Threat
Many physical assets in the City are estimated to experience the same seismic shaking intensity, ranging from 85 to 95% (shaking intensity in relation to the earth’s gravity).
Therefore, all facilities could be damaged during a significant seismic event, which would be extremely costly for the City. If all facilities were damaged at the same time during a seismic shaking event, it can be assumed that the City would incur a percentage of the maximum potential loss of its physical assets. Assuming 20% of the City’s assets are impacted, this potential loss could amount to over $47 million. Underground physical assets, like pipelines or utilities, could be damaged if seismic shaking were strong enough to cause a rupture. In such a scenario, natural gas and water delivery service to Orange homes and businesses would be incapacitated until repairs are completed. Table 5-4 displays these potential losses that could incur should shaking reach the described threshold. Figure 5-3 displays the CFs and FOCs within the City’s seismic shaking potential hazard zones.
Table 5-4: Critical Facilities and Facilities of Concern (Earthquake) Category # of Facilities
- Critical
# of Facilities
- Concern Potential Loss**
Government Operations, Emergency
Operations
18 9 $184,772,921.00
Water Infrastructure 28 0 $24,022,124.00
Recreational and Community Centers 9 13 $28,802,569.00
Total 55 22 $237,597,614.00
** Based on the City of Orange insured replacement values Potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
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Figure 5-3: Seismic Hazard Area with City infrastructure Social Threat
The risk of a seismic event is a danger to all groups in Orange though some are more threatened than others. Seniors, pregnant women, and persons with disabilities are more threatened by seismic shaking since they may have limited mobility and may be unable to reach shelter in time. Even if these groups are able to reach a shelter, they may find themselves trapped if furniture or building components have fallen around them. Renters and low-income communities are also more threatened by seismic shaking since these groups may live in homes that are not properly retrofitted to survive the stresses of a seismic event. These groups may not be able to absorb the costs associated with repairing their homes or looking for new housing should their existing one be too damaged for occupancy. Table 5-5 displays the threatened populations in Orange associated the seismic shaking scenarios.
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Table 5-5: Earthquake Threatened Populations
Threatened Population Metric Earthquake Hazard City
Population 117,096 117,096
Households 44,867 44,867
Schools 26 26
Houses of Worship 13 13
Medical Centers 15 15
*Amounts are estimates based on the U.S Census only, as exact values for some statistics were not available.
Actual amounts may be greater than the estimate presented in the table.
Other Threats
With early earthquake warning systems becoming operational, it can be expected that utilities will take advantage of these advance warnings to shut off gas and water to control any potential leaks following the seismic shaking. Authorities may have enough time to halt the use of infrastructure or move workers to safe locations away from hazardous conditions. Workers could cease their activity and take shelter until they can be safely evacuated. Therefore, all services could be non-operational during the shaking event and remain inactive until authorities are confident that it is safe to reactivate utilities and return employees to their workplaces. The length of this time would vary depending on the magnitude of the event. A significant earthquake would likely put utilities out of commission and halt any employment activity in the City for a few hours or several days.
The City and the region would experience reduced economic activity during the outage period, which would not be felt for weeks, months, or years later. Structures such as telephone poles or power transmission towers felled by the shaking could block roadways and prevent emergency response teams from reaching victims or evacuees who need assistance.
Changes in Population Patterns and Land Use and Development It is not anticipated that population patterns will change over the next 20 years. While this may also be true concerning land use and development, if a strong earthquake impacts the City, there is the potential that older structures may be impacted more severely than newer structures in the City.
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Severe Weather (Severe Winds, Extreme Heat, Winter
Storm)
Physical Threat
Severe Winds
Intense winds likely present the greatest threat to physical structures, particularly from trees or branches that fall on buildings/vehicles, causing substantial damage. Older structures that have deferred maintenance or have not been retrofitted for high wind conditions may suffer greater damage than newer/updated structures. Utility lines and wooden utility poles face an elevated threat from wind, as do buildings without reinforced roofs. Often utility poles and trees suffer impacts during high wind events if they occur after a significant rain event. During these events, saturated soils around the base of the tree/pole may be unable to hold up to the strains placed on them by strong winds causing it to fall over.
Trees, tree branches, and other objects have the potential to fall on powerlines and other electrical infrastructure during a severe windstorm, causing power outages throughout the City. Another physical threat of severe wind is wildfire impacts during the summer months.
Severe winds can turn a routine wildfire into a destructive unstoppable wall of flames capable of burning thousands of acres.
Extreme Heat
Extremely high temperatures can cause roads to deform and buckle as the pavement expands in the heat, especially in areas that have not been maintained well. Power lines and other electrical grid components become less effective in higher temperatures and may be damaged due to stress during extreme heat events. Urban heat islands occur when natural land cover is replaced with concentrations of pavement, buildings, or other surfaces that absorb and retain heat. Buildings with dark pavement will absorb more heat than surfaces with vegetation or lighter materials that are better at reflecting the sun’s energy.
This urban heat island effect is strongest during the summer when solar radiation is strongest.
Winter Storm
Physical threats associated with winter storms are similar in nature to those identified in the Flooding discussion.
Social Threat
Severe Wind
Severe wind events can harm people throughout Orange but have a greater effect on the safety of people experiencing homelessness and those working outdoors. Populations that 742
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work outside or have respiratory illnesses may be impacted by severe wind events as they can generate dust and other contaminants that can affect the health of residents and workers. Lower-income residents, who may not have the financial resources to purchase homes (or are renting homes) that are not built or retrofitted to withstand powerful winds, could also have difficulty recovering from wind events, that can cause damage to roofs, siding, and windows.
Extreme Heat
Whereas a heat event can be relatively harmless for those with a reliable means of staying hydrated and cool, the event can be deadly for others. Young children, the elderly, or people suffering from serious medical conditions are physiologically more vulnerable to heatstroke. Some senior citizens also take medicines that can make it harder for their bodies to maintain a safe internal temperature, creating an additional threat from extreme heat events. Young children may not be aware of the signs of dehydration or ways of protecting themselves from heatstroke.
People living in homelessness are at a high risk of health complications during heat waves, especially if they are unsheltered. According to the City of Orange homelessness count, in 2025, there were approximately 369 individuals experiencing homelessness in the City, with 33 of them unsheltered. This population is very vulnerable to heatstroke during a heatwave, especially if they cannot reach a cooling center.
Sudden spikes in heat can catch people by surprise. Stores can rapidly sell out of fans, airconditioning units, or drinking water during a heatwave. Many lower-income households live in older, poorly insulated, and energy-inefficient housing and cannot afford to run their air conditioning, which can be further compounded by the threat of power outages due to heat/rolling blackouts. During these events, extreme heat impacts may affect larger portions of the City and populations that would not be viewed as vulnerable under normal circumstances.
Winter Storm
Social threats associated with winter storms are similar in nature to those identified in the Flood discussion below.
Other Threats
Severe Wind
Extreme wind events can worsen other risks, such as wildfires. Southern California Edison will continue to impose Public Safety Power Shutoffs to eliminate the potential for wildfires, but this can lead to prolonged power outages throughout the City.
Extreme Heat
Extreme Heat for any length of time can also affect other hazards and risks within the City. 743
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For example, it can create a spike in electricity demand leading to power loss/failure, food insecurities, and a rise in vector-borne disease transmission. Coupled with extreme wind, it can cause or spread urban fires and jeopardize additional neighborhoods/communities.
Winter Storm
Other threats associated with winter storms are similar in nature to those identified in the Flood discussion below. Severe rain can lead to debris flows in wildfire affected areas of the City and cause significant property damage to areas of the City.
Changes in Population Patterns and Land Use and Development Severe Wind
Severe winds occur periodically (primarily during the Fall months) and generally do not affect populations to the degree that they would need to migrate in and out of the City. It is unlikely that severe wind will affect land use and development because the development review process will take steps to mitigate or minimize the impacts of severe wind.
Extreme Heat
It is not anticipated that population patterns will change over the next 20 years. There could be minor changes in population patterns due to extreme heat if people cannot continue to live in older structures with limited insulation and older cooling units.
While it is unlikely that extreme heat will affect land use and development, it is possible that additional investment in older parts of the City will occur to modify structures to handle these conditions.
Winter Storm
Winter storms occur periodically (primarily during the winter months) and generally do not affect populations to the degree that they would need to migrate in and out of the City.
However, in rare circumstances, there may be the need to evacuate households for a short period of time until the flooding from storms recedes.
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Flooding
Physical Threat
Flooding impacts are not expected to be significant since the majority of the city is not in a 100/500-year flood zones. During a severe rainstorm, localized flooding can cause a substantial risk to Orange's transportation infrastructure. Roads, bridges, and highways can become impassable due to rising waters, cutting off access to essential services and disrupting daily commutes. Prolonged inundation weakens road surfaces and bridge supports, requiring expensive repairs or replacements. Homes and businesses are often the first casualties in flood-prone areas. Floodwaters can cause structural damage, mold growth, and loss of valuable assets, while also rendering properties uninhabitable or unusable for extended periods. This impacts not only individuals but also the local economy. Flooding can disrupt the functioning of water and wastewater systems, leading to contamination, service interruptions, and heightened health risks for the population.
Table 5-6: Critical Facilities and Facilities of Concern (100/500 Year Flood Zone) Category # of Facilities
- Critical
# of Facilities
- Concern Potential Loss**
Government Operations 0 0 $0
Emergency Operations 0 0 $0
Recreational and Community Centers 0 0 $0
Total 0 0 $0
** Based on the City of Orange insured replacement values Potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
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Figure 5-4: Critical Facilities and Facilities of Concern in FEMA Flood Zones Social Threat
Floodwaters in both the 100-year zone and the 500-year zone are not anticipated to rise to a depth of more than one foot above the base flood elevation. If localized flooding was to occur, flooding of this type would likely inundate curb cuts and sidewalks to some extent. People who walk or bike as their primary form of transportation may encounter difficulties if they do not have access to an alternative means of transportation. Seniors, people with disabilities, and low-income persons are also likely to be impacted during these events.
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Other Threats
Flooding may temporarily stop any type of transportation in the City. Debris from floodwaters can block roadways, hinder vehicle access, and potentially affect emergency response services. One foot of rushing water is enough to carry small vehicles, depending on the velocity. A severe flood situation may prevent people who own smaller vehicles from driving to work, leading to reduced economic activity. Severe flooding that causes serious damage to homes and businesses may also reduce economic activity until repair work is completed.
Changes in Population Patterns and Land Use and Development It is unlikely that flooding will affect land use and development patterns in affected areas because the median income in impacted areas is higher than the City average. Additionally, the development review process ensures flood related impacts are mitigated or minimized.
Table 5-7: 100/500 Year Flood-Threatened Populations
Threatened Population Metric Flood Hazard City
Population 17,542 117,096
Households 4,393 44,867
Schools 5 26
Houses of Worship 4 13
Medical Centers 4 15
*Amounts are estimates based on the U.S Census only, as exact values for some statistics were not available.
Actual amounts may be greater than the estimate presented in the table.
Fire
Physical Threat
Wildland Fire
Wildfires pose a significant physical threat to both city infrastructure and residential structures, especially in areas designated as High and Very High Fire Hazard Severity Zones within the Local Responsibility Area (LRA). City infrastructure such as utilities, transportation networks, and critical facilities are at risk of direct fire damage, which can disrupt essential services and hamper emergency response efforts. Residential structures, primarily homes located within these zones, face elevated risks of destruction or severe damage due to their proximity to flammable vegetation and the potential for rapid fire spread.
The threat is compounded in the Wildland Urban Interface (WUI), where homes and infrastructure are situated near or among wildland areas. In these regions, embers carried 747
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by strong winds can ignite structures even if the main fire front is some distance away.
Additionally, power lines interacting with overgrown trees can spark new fires, further endangering both public and private properties. The loss of structures not only results in significant financial costs but also impacts community safety and resilience. Figure 5-5 shows these zones and the City’s CFs and FOCs within the area. All structures within this fire zone are at an elevated risk of wildfire impacts and consist of mostly homes. Figure 5- 6 shows the Wildland Urban Interface Perimeter with Critical Infrastructure.
Table 5-8 identifies 1 CFs and 0 FOC within the wildfire hazard zone, resulting in a potential loss of approximately $3 million based on available replacement values.
Additional losses associated with schools and residential structures in these areas could also occur.
While these areas have a high degree of vulnerability to wildfire, other areas of the City may also be susceptible to ember cast. These areas, typically referred to as the WUI (Wildland Urban Interface), are vulnerable if the right conditions exist. Typically, the WUI is impacted if adequate fuels are combined with dry conditions and strong winds.
Sometimes, the ignition of wildfire may occur if power lines around overgrown trees cause a spark and catch the tree on fire.
Table 5-8: Critical Facilities and Facilities of Concern (Wildfire) Category # of Facilities
- Critical
# of Facilities
- Concern Potential Loss**
Government Operations 0 0 $0
Emergency Operations 1 0 $2,914,000.00
Recreational and Community Centers 0 0 $0
Total 1 0 $2,914,000.00
*Although most of the City’s infrastructure is out of the fire zone, damage to homes and businesses will occur due to a severe wildfire.
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Figure 5-5: Critical Facilities and Facilities of Concern 749
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Figure 5-6: Wildland Urban Interface Perimeter with Critical Infrastructure Urban Fire
Structures and physical assets in Orange that are not equipped with fire suppression technology or design features that mitigate fire vulnerability are at risk of fire. Generally, these buildings are older, may not be well maintained, or may not meet current code requirements and regulations. While all structures can be impacted by urban fire, older structures may have increased vulnerability to this hazard. Power lines located around overgrown trees, where the tree crown envelops part or all the power lines, are also at risk 750
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of catching fire. When the wires overheat, they may ignite a fire in the tree, spread back to the power lines themselves, and burn the power line infrastructure. Underground utilities, like water delivery systems, residential electrical systems, or natural gas pipelines, are not threatened by the occurrence of fire since any urban fires that emerge in Orange are likely to occur on the surface.
Social Threat
A fire hazard can threaten anyone in the City, but older adults and persons with disabilities are at greater risk because they may have limited mobility and reduced environmental awareness. For example, an older adult who lives alone may not be aware that a fire has been ignited in their house until the room begins to fill with smoke or even flashover, at which point escape may be more difficult or impossible. Therefore, a fire that starts in or spreads to any older adult residence in Orange could be highly threatening to those populations. Persons with disabilities may require special mobility devices or caregiver assistance to go outside, which may not be readily available if a fire occurs. Other groups with increased threat levels include lower- income persons and renters. These persons may live in substandard housing with outdated materials known to be flammable. Renters and lower-income persons may also live in housing units with improperly designed or maintained electrical or heating systems that could lead to a fire. Additionally, these groups may not possess enough financial resources to rebuild their homes or search for new homes after a fire occurs.
Table 5-9: Fire-Threatened Populations
Threatened Population Metric Fire Hazard City
Population 88,000 117,096
Households 16,450 44,867
Schools 3 26
Houses of Worship 1 13
Medical Centers 0 15
*Amounts are estimates only, as exact values for some statistics were not available. Actual percentages might be greater than the estimate presented in this table.
Other Threats
Fires can consume power lines and force utility operators to shut off electrical and gas transmission activity, leading to utility outages in City homes and businesses. Any streets surrounded by blazes or blocked by burning debris would hinder transportation, prevent people from evacuating, and block emergency response crews from reaching the source of the fire. Anyone living at the end of a cul-de-sac faces an elevated threat of being trapped if the fire occurs or spreads in a way that blocks evacuation. Fires that destroy trees or vegetation (especially within parks and open space areas) could limit or prevent 751
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the use of these areas, affecting future recreational opportunities for residents.
Outreach to residents and businesses to help them understand and prepare for these future events will become an important aspect of the City’s overall hazard mitigation strategy.
Changes in Population Patterns and Land Use and Development If a large urban fire were to occur, it is feasible that changes in population patterns could occur. Land use and development patterns could change if a large urban fire were to occur that impacted older parts of the City. After that type of event, the City would rely on a redevelopment process to determine how best to rebuild. Overall, the population pattern would change temporarily while the new structures are being rebuilt.
Landslide/Erosion
Physical Threat
The City of Orange lies in a region characterized by diverse terrain, including hills and slopes, particularly in the East of the City. Landslides in the City can destroy homes, roads, and water/wastewater infrastructure which can lead to costly repairs. Table 5-10 displays potential losses to City infrastructure that could incur should landslides occur. Figure 5-7 displays the CFs and FOCs within the City’s landslide potential hazard zones.
Table 5-10: Critical Facilities and Facilities of Concern (Landslide) Category # of Facilities
- Critical
# of Facilities
- Concern Potential Loss**
Government Operations 0 0 $0
Emergency Operations 1 0 $2,914,000.00
Recreational and Community Centers 0 0 $0
Total 1 0 $2,914,000.00
** Based on the City of Orange insured replacement values Potential loss data are estimates only, as replacement values for some facilities were not available. Actual losses may be greater than the estimate presented in this table.
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Figure 5-7: Landslide Threat Map with City infrastructure Social Threat
The sudden nature of landslides can result in fatalities and injuries. Communities located near unstable slopes are especially vulnerable. When landslides damage homes and infrastructure, they force people to leave their homes. Displacement creates a host of challenges, including the immediate need for shelter, food, and clean water. Individuals and families may be moved to temporary housing for a long period of time. Prolonged displacement can strain community bonds and lead to social isolation, particularly for 753
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vulnerable groups such as older adults, disabled, and children. Table 5-11 displays the threatened populations in Orange that can be impacted by landslides.
Table 5-11: Landslide Threatened Populations
Threatened Population Metric Population in
landslide Zone City
Population 33,700 144,388
Households 12,342 57,226
Schools 5 26
Houses of Worship 1 13
Medical Centers 0 15
*Amounts are estimates only, as exact values for some statistics were not available. Actual impacts might be greater than the estimate presented in this table.
Other Threats
While a quantitative vulnerability assessment (an assessment that describes number of lives or amount of property exposed to the hazard) has not yet been conducted for the City of Orange and/or the County of Orange, there are many qualitative factors that point to potential vulnerability.
Landslides can impact major transportation arteries, blocking residents from essential services and businesses. Past landslides have caused major property damage or significantly impacted residents. Continuing to map landslide and debris flow areas will help in preventing future loss.
Changes in Population Patterns and Land Use and Development Landslides often render large tracts of land unsuitable for agriculture, habitation, or industrial purposes. The deposition of debris can bury fertile topsoil, while the instability of affected areas may prevent future construction or cultivation. In mountainous regions, landslide-prone slopes are frequently abandoned, reducing the availability of usable land and forcing communities to relocate or adapt. Buildings may be relocated to stable zones, and governments may enforce stricter zoning regulations that prohibit development in risky areas. Such policies, while necessary for safety, can limit economic growth and the expansion of the city.
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Pandemic
Physical Threat
Public Health events will not harm buildings or infrastructure within the City. However, the regional or global nature of public health incidents might incur indirect costs through personnel death and disease, absenteeism, and reduced efficiency. Public health incidents will likely threaten the city’s administrative and facilities operations, whereas automated services and infrastructure itself will not be significantly impacted.
Social Threat
Pandemics can overwhelm healthcare systems, creating shortages of medical supplies and causing significant morbidity and mortality. In addition to the physical health impacts such as respiratory distress, organ failure, and long-term complications for survivors, healthcare workers face an increased risk due to their exposure to infected individuals. Beyond these immediate health impacts, pandemics disrupt daily life, leading to school closures, business interruptions, and economic downturns. The psychological toll on individuals and communities can be profound, with increased levels of anxiety, depression, and stress.