Rob Houston
City Manager
Gary A. Sheatz
City Attorney
Pamela Coleman
City Clerk
MARK A. MURPHY
Mayor
KIMBERLEE NICHOLS
Mayor pro tem
CHIP MONACO
Councilmember
ARIANNA BARRIOS
Councilmember, District 1
JON DUMITRU
Councilmember, District 2
KATHY TAVOULARIS
Councilmember, District 3
ANA GUTIERREZ
Councilmember, District 5
AGENDA
City Council
May 10, 2022
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m.
Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda. The agenda and supporting documentation is available after 4:00 p.m. on the Thursday prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue. Written materials relating to an item on the agenda that are provided to the City Council after agenda packet distribution and within 72 hours before it is to consider the item will be made available for public inspection in the City Clerk ’s Office during normal business hours; at the City Council meeting; and made available on the City's website.
Public Participation
Regular meetings are televised live on Spectrum Cable Channel 3 and AT&T U -verse Channel 99, and streamed live and on-demand on the City's website at www.cityoforange.org.
Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name and address, and identifying the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments ” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior. (Continued on page 2)
City Council Agenda May 10, 2022
2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to CCpubliccomment@cityoforange .org with the subject line “Public Comment Item # (insert the item number relevant to the comment )” or “Public Comment Non -agenda Item” for general public comments. The public can also submit written comments on the City ’s eComment page. Please visit the City’s website at www .cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit comments by 3:00 p.m. the day of the meeting. All public comments will be provided to the Council, posted on the City’s website, and compiled as part of the record. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council and the caller's position will be summarized in the minutes.
In accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council further during that meeting, unless permission to continue is granted by a majority vote of the Council.
Please contact the City Clerk’s Office at (714) 744-5500 with any questions.
ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.
REMINDER: Please silence all electronic devices while City Council is in session.
City Council Agenda May 10, 2022
5:00 PM CLOSED SESSION
1. ROLL CALL
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.
3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957.
Title: City Attorney
c. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6.
City Negotiator: Rob Houston, City Manager
Employee Organization: Top Management
4. CLOSED SESSION REPORT
5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.
City Council Agenda May 10, 2022
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Eric Turbedsky, Sovereign Grace Church
1.2 PLEDGE OF ALLEGIANCE
Councilmember Chip Monaco
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.
3.1. Waive reading in full of all ordinances on the Agenda.
Approve.
Recommended Action:
3.1 Staff ReportAttachments:
3.2. Confirmation of warrant registers dated April 8, 14, 22, and 28, 2022.
Approve.
Recommended Action:
3.2 Staff ReportAttachments:
3.3. Approval of meeting minutes of the City Council of the City of Orange for the April 12, 2022, Regular Meeting; and April 26, 2022, Adjourned Regular Meeting.
Approve minutes as presented.
Recommended Action:
City Council Agenda May 10, 2022
3.3 Staff Report
April 12, 2022, Regular Meeting minutes
April 26, 2022, Adjourned Regular Meeting minutes
Attachments:
3.4. Reappointment of Library Board of Trustee member Rebecca Martinez to a third three-year term ending June 30, 2025.
Reappoint Library Board of Trustee member Rebecca Martinez for a three -year term ending June 30, 2025.
Recommended Action:
3.4 Staff ReportAttachments:
3.5. Third Amendment to Agreement with West Coast Arborists, Inc. for tree maintenance services in parks, City facilities, assessment districts, medians, and rights of ways.
Approve the Third Amendment with West Coast Arborists, Inc. for a period of one -year in an amount not to exceed $ 398,589.13 for tree maintenance services for parks, City facilities, assessment districts, medians and rights of ways; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
3.5 Staff Report
Third Amendment to Tree Maintenance Services Agreement
Attachments:
3.6. Agreement with GovOS, Inc. for SeamlessDocs forms management services.
Approve the agreement with GovOS, Inc. in the total amount of $ 61,154.38 for forms management services and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
3.6 Staff Report
Agreement with GovOS
Attachments:
3.7. First Amendment to the Agreement with Terry ’s Testing, Inc. for required repair and replacement of failing backflow devices.
Approve the First Amendment with Terry ’s Testing, Inc. in an amount of $ 14,190 to make necessary repairs to multiple backflow devices throughout the City, and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
3.7 Staff Report
First Amendment to Agreement with Terry’s Testing, Inc.
Attachments:
City Council Agenda May 10, 2022
3.8. Agreement with California Forensic Phlebotomy, Inc. for evidence collection services through June 30, 2024.
Approve the two -year agreement with California Forensic Phlebotomy, Inc. in the annual amount of $ 80,000 for evidence collection services, and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
3.8 Staff Report
Professional Services Agreement with CFP
Attachments:
3.9. Fourth Amendment to the Agreement with Lyons Security Services, Inc. for additional security services.
1. Approve the amendment with Lyons Security Services, Inc. in the amount of $253,352.06 for security services, and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $157,871.58 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - 517 W. Struck Transition
Recommended Action:
3.9 Staff Report
Fourth Amendment to Agreement with Lyons Security
Attachments:
3.10. Agreement with Prado Family Shooting Range for range services through June 30, 2024.
Approve the two -year agreement with Prado Family Shooting Range in the amount of $17,000 annually for range services, and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
3.10 Staff Report
Professional Services Agreement with Prado
Attachments:
3.11. Agreement with Bureau Veritas North America, Inc. for plan review services for Fiscal Year 2022-2023.
Approve the agreement with Bureau Veritas North America, Inc. in an amount of $50,000 for plan review services, and authorize the Mayor and the City Clerk to execute on behalf of the City.
Recommended Action:
3.11 Staff Report
Professional Services Agreement
Attachments:
City Council Agenda May 10, 2022
3.12. Agreement with Code Consulting Group, LLC for plan review services for Fiscal Year 2022-2023.
Approve the agreement with Code Consulting Group, LLC, in an amount of $ 40,000 for plan review services, and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
3.12 Staff Report
Professional Services Agreement
Attachments:
3.13. Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal Year 2022-2023.
Approve agreement with The Jungle Nursery, Inc ., in an amount of $ 96,250 for weed abatement services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
3.13 Staff Report
Professional Services Agree - The Jungle Nursery
Weed Abatement Contract Renewal Pricing
Weed Abatement City Parcel Maps
Attachments:
3.14. Appropriation of $ 194,618 in SB 1383 Local Assistance Grant Program Fiscal Year 2021-22 and approval of agreement with Tripepi Smith & Associates, Inc.
1. Accept into the City ’s revenue budget $194,618 in grant funds from the California Department of Resources Recycling and Recovery, into revenue account number 100.5001.48486.30201, General Fund - SB 1383 Local Assistance Grant Program Fiscal Year 2021-22.
2. Authorize the appropriation of $194,618 to expenditure account number 100.5001.51670.30201, General Fund - SB 1383 Local Assistance Grant Program FY22.
3. Approve agreement with Tripepi Smith & Associates, Inc. in the amount of $90,000 for professional services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
3.14 Staff Report
Professional Services Agreement with Tripepi, Smith & Associates, Inc.
Attachments:
City Council Agenda May 10, 2022
3.15. Appropriation of $ 23,658 in designated continuing education funding received from the Rancho Santiago Community College District.
1. Accept into the City ’s revenue budget $23,658 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.
2. Authorize the appropriation of $23,658 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.
Recommended Action:
3.15 Staff Report
Standard Inter-Agency Instructional Services Agreement
Attachments:
3.16. Appropriation of $ 198,310.43 in State of California Office of Emergency Services funding received.
1. Accept into the City ’s revenue budget $198,310.43 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.
2. Authorize the appropriation of $195,902.80 into the expenditure account number for Overtime-Safety as specified in Section 6 of the staff report.
3. Authorize the appropriation of $2,407.63 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.
Recommended Action:
3.16 Staff ReportAttachments:
3.17. Appropriation of $ 40,460 in revenue from community partnership donations and user group maintenance fees.
1. Accept into the City ’s revenue budget $40,460 in community partnership donations and user group maintenance fees into the following accounts:
a. $40,000 100.7015.48390.30197 Donations-2022 Special Events Season b. $ 460 100.7022.42480.00000 User Group Maintenance Fees
2. Authorize the appropriation of $40,000 to expenditure account number 100.1015.51355.30197, General Fund - Special Events-2022 Season.
3. Authorize the appropriation of $460 to expenditure account number 100.7022.51424.00000, General Fund - User Group Maintenance.
Recommended Action:
3.17 Staff ReportAttachments:
3.18. Approval of plans and specifications and authorization to advertise for bids for Steel Streetlight Pole Replacement, Fiscal Year 2021-2022.
Approve plans and specifications and authorize advertising for bids; Bid No. 21-22.36, SP-4196.
Recommended Action:
City Council Agenda May 10, 2022
3.18 Staff Report
Location Maps
Attachments:
3.19. Approval of plans and specifications for Replacement of the Emergency Generator and Automatic Transfer Switch at the Water Division Headquarters (W-718), and authorization to advertise for bids.
Approve the plans and specifications, and authorize advertising for bids; Bid No . 22-23.01.
Recommended Action:
3.19 Staff Report
Location Map
Attachments:
3.20. Claims for Damages.
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. Dalante Bell
2. Esther Castillo
3. Ricardo V. Lopez
4. Enrique Valadez-Ortiz
Recommended Action:
3.20 Staff ReportAttachments:
3.21. Second Reading and adoption of an Ordinance of the City Council of the City of Orange repealing Chapter 2.50 of the Orange Municipal Code to Eliminate the Investment Oversight Committee due to the creation of the Investment and Audit Committee. Ordinance No. 02-22.
Adopt Ordinance No. 02-22.
Recommended Action:
3.21 Staff Report
Ordinance No. 02-22
Attachments:
3.22. Authorize rental services for core service facilities with United Rentals (North America), Inc. for the 517 W. Struck Transition Plan.
Approve purchase order of $ 360,000 with United Rentals (North America ), Inc. for core service facility rentals using the Sourcewell Cooperative Purchasing Agreement number 062320-URI.
Recommended Action:
3.22 Staff Report
Cooperative Purchasing Agreement with United Rentals
Attachments:
City Council Agenda May 10, 2022
3.23. Authorize purchase of Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.
Approve the sole source purchase of ammunition from Dooley Enterprises, Inc. for $88,000.
Recommended Action:
3.23 Staff ReportAttachments:
3.24. Authorize purchase of ballistic vests and helmets from U.S. Armor Corporation.
Approve the purchase of ballistic vests and helmets from U .S. Armor Corporation for $40,000.
Recommended Action:
3.24 Staff Report
GSA Amendment GS-07F-072DA
Attachments:
3.25. Authorize the purchase of IT professional services, annual support, and products from Sidepath, Inc.
Approve the purchase of IT professional services, annual support, and products from Sidepath, Inc. in the amount of $56,000.
Recommended Action:
3.25 Staff Report
QUOTE-Professional Services
Attachments:
3.26. Monthly Treasurer’s Reports for January, February, and March 2022.
Receive and file.
Recommended Action:
3.26 Staff Report
Investment Report for January 2022
Investment Report for February 2022
Investment Report for March 2022
Attachments:
3.27. Approval of the Fiscal Year 2022-2023 Pavement Management Program list of arterial streets to be funded by SB 1 (The Road Repair and Accountability Act ) and appropriating Road Maintenance and Rehabilitation Account funding .
Resolution No. 11389.
Approve Resolution No. 11389. A Resolution of the City Council of the City of Orange approving the Fiscal Year 2022-2023 Pavement Management Program budget to incorporate a list of nine arterial streets to be funded by SB 1 (The Road Repair and Accountability Act) and appropriate Road Maintenance and Rehabilitation Account Recommended Action:
City Council Agenda May 10, 2022
RMRA) funding.
3.27 Staff Report
Resolution No. 11389
Exhibit “A” (Project list)
Location Map
Attachments:
3.28. Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) Preliminary Engineer ’s Report for Fiscal Year 2022-2023.
Resolution No. 11390.
1. Adopt Resolution No. 11390. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ), and 15-1 (Santiago Hills Overlay) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2022-2023; setting a time and place for a public hearing to receive public testimony on the foregoing matters; and giving preliminary approval of the certified Engineer ’s Report for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).
2. Declare the intent to levy an annual assessment, and set June 14, 2022, at 6:00 PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the assessments.
Recommended Action:
3.28 Staff Report
Resolution No. 11390
Preliminary Engineer's Report LMD 86-2
Preliminary Engineer's Report LMD 15-1
Attachments:
3.29. Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) Preliminary Engineer ’s Report for Fiscal Year 2022-2023. Resolution No. 11391.
1. Adopt Resolution No. 11391. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94-1 (Sycamore Crossing ) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2022-2023; setting a time and place for a public hearing to receive public testimony on the foregoing matters, and giving preliminary approval of the certified Engineer ’s Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).
2. Declare the intent to levy an annual assessment, and set June 14, 2022, at 6:00 PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the assessments.
Recommended Action:
3.29 Staff Report
Resolution 11391
Engineer's Report LMD 94-1
Attachments:
City Council Agenda May 10, 2022
3.30. Declaration of a Level 2 Water Supply Shortage. Resolution No. 11392.
Adopt Resolution No. 11392. A Resolution of the City Council of the City of Orange declaring a Level 2 Water Supply Shortage.
Recommended Action:
3.30 Staff Report
Resolution No. 11392
Ordinance No. 16-21
Executive Order N-7-22
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR MURPHY
5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .
No action(s) will be taken pursuant to Government Code Section 54954.2(a)(3).
5. 1. Resolution to support a temporary suspension of state gas tax. (Tavoularis) Consider adoption of Resolution No. 11393. A Resolution of the City Council of the City of Orange Requesting that the Governor Authorize a Temporary, Six -Month Suspension of the State Gas Tax.
Recommended Action:
5.1 Staff Report
Resolution No. 11393
Attachments:
5.2. Highlight Local Business (Gutierrez & Barrios)
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7. ADMINISTRATIVE REPORTS
7.1. Consideration of a preliminary award of $ 780,000 of HOME Investment Partnership funds to Katella Terrace, L .P. for the Katella Terrace senior affordable housing project as part of the FY2022-2023 Action Plan.
1. Approve the allocation of HOME funds to the Katella Terrace senior affordable housing in the FY2022-2023 Action Plan.
2. Authorize the following transfers to 317.9660.56571.20512 Rehab/Dev Recommended Action:
City Council Agenda May 10, 2022
Loans-Katella Terrace Senior Housing:
a. Transfer $162,014.04 from 317.9660.51771.11110 Block Grant General Administration
b. Transfer $442,968.70 from 317.9660.56510.11210 HOME CHDO Allocation $374,400.70 in FY2021-2022
$68,568 in FY2022-2023
c. Transfer $175,017.26 from 317.9660.56510.11250 HOME Developer Projects
3. Authorize the City Manager to execute the attached preliminary award letter of $780,000 in HOME Investment Partnership funds for the Katella Terrace senior affordable housing project and all Department of Housing and Urban Development (HUD) documents related to this commitment.
7.1 Staff Report
Draft Preliminary Award Letter
Attachments:
7.2. Request for permit parking on a portion of Collins Avenue, and on sections of Palm Avenue and Park Lane. Resolution No. 11385.
1. Approve permit parking on the south side of Collins Avenue between Hart Street and 2842 E. Collins Avenue.
2. Approve permit parking on both sides of Palm Avenue between Wayfield Street and Park Lane; and both sides of Park Lane between Palm Avenue and Dana Place.
3. Adopt Resolution No. 11385. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11370 and adopting a revised master resolution of permit parking areas within the City of Orange.
Recommended Action:
7.2 Staff Report
Resolution No. 11385
Area Map for Permit Area "X"
February 9, 2022 CTC Staff Report
February 9, 2022 CTC Minutes
Notification Letter Area "X"
Map Area for Permit Area "W" Extension
Notification Letter Area "W" Extension
Attachments:
7.3. FY 23 Budget Preparation Update.
Receive and file.
Recommended Action:
8. REPORTS FROM CITY MANAGER
City Council Agenda May 10, 2022
9. LEGAL AFFAIRS
9.1. Introduction and First Reading of Ordinance No. 03-22 adopting a policy for the acquisition and use of military equipment by the Orange Police Department.
1. Introduce and conduct First Reading of Ordinance No. 03-22. An Ordinance of the City Council of the City of Orange Adopting a Policy for the Acquisition and Use of Military Equipment by the Orange Police Department.
2. Set the Second Reading and adoption for June 14, 2022.
Recommended Action:
9.1 Staff Report
Ordinance No. 03-22
Lexipol Military Equipment Policy
Attachments:
10. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, June 14, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
I, Pamela Coleman, CMC, City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library, 407 E. Chapman Avenue, Police facility at 1107 North Batavia Street, and uploaded to the City's website www.cityoforange.org.
Date posted: May 5, 2022