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
September 13, 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 September 13, 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 September 13, 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) - One case 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 Manager
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 September 13, 2022
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Kevin Zimmerman, Friends Church Orange
1.2 PLEDGE OF ALLEGIANCE
Councilmember Ana Gutierrez
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation Recognizing Hunger Action Month
Orange International Street Fair Presentation
Fire Paramedic Membership Program Presentation/Station 1 Grand Opening
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:
3.2. Confirmation of warrant registers dated July 29, August 2, 4, 12, 18, and 26, 2022.
Approve.
Recommended Action:
Staff ReportAttachments:
City Council Agenda September 13, 2022
3.3. Approval of minutes of the Regular meeting of the City of Orange City Council held on August, 9, 2022.
Approve minutes as presented.
Recommended Action:
Staff Report
August 9, 2022, Regular Meeting minutes
Attachments:
3.4. Second Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services, including representation and defense of the City, relative to the termination of the License Agreement with Mary’s Kitchen.
1. Authorize the appropriation of $50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.
2. Approve the Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $50,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Second Amendment to Attorney Services Agreement
Attachments:
3.5. Agreement with City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant.
Approve the agreement with the City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant and authorize the City Manager to execute on behalf of the City.
Recommended Action:
Staff Report
FY21 UASI Agreement
Attachments:
3.6. Agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2022-2023.
1. Approve grant agreement no. PT23135 with the State of California Office of Traffic Safety in the amount of $300,000 for the Selective Traffic Enforcement Program grant and authorize the City Manager to execute on behalf of the City.
2. Accept into the City ’s revenue budget a $300,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30209, General Fund - OTS STEP Grant FY23.
3. Authorize the appropriation of $300,000 into the following Traffic Program expenditure accounts:
100.4041.50221.30209 Overtime - Safety OTS Grant 22-23 $257,356 Recommended Action:
City Council Agenda September 13, 2022
100.4041.50222.30209 Overtime - Miscellaneous OTS Grant 22-23 23,937 100.4041.51840.30209 Local Training OTS Grant 22-23 661 100.4041.55131.30209 Equipment OTS Grant 22-23 18,046 Staff Report
OTS STEP Grant Agreement No. PT23135
Attachments:
3.7. First Amendment to Agreement with Transportation Studies, Incorporated for On-Call Traffic Data Collection Services.
Approve the Amendment to Agreement with Transportation Studies, Incorporated for On-Call Traffic Data Collection Services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Agreement with TSI (AGR-7006)
First Amendment
Attachments:
3.8. Agreement with Fortel Traffic, Inc. for As -needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices.
Approve the agreement with Fortel Traffic, Inc. in the amount not -to-exceed $ 100,000 for As -needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Agreement with Fortel Traffic, Inc.
Attachments:
3.9. Agreement with Triad Consulting & System Design Group, L .L.C. for security consulting services.
1. Authorize the appropriation of $25,000 from the Capital Bond Proceeds unreserved fund balance to expenditure account number 553.1601.56033.20347, Capital Bond Proceeds - Enterprise Access System.
2. Approve the agreement with Triad Consulting & System Design Group, L .L.C. in the amount of $25,000 for security consulting services, and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Professional Services Agreement with Triad Consulting
Attachments:
City Council Agenda September 13, 2022
3.10. Appropriation of $ 80,000 from the California Energy Commission to be used for upgrading existing automated permit processing program.
1. Accept into the City ’s revenue budget $80,000 in CalAPP funds from the California Energy Commission into revenue account 550.5013.45290.30208, Reimbursable Capital Projects - CalAPP.
2. Authorize the appropriation of $80,000 in the following expenditure account number 550.5013.56572.30208, Reimbursable Capital Projects - CalAPP.
Recommended Action:
Staff ReportAttachments:
3.11. Rejection of all bids for Annual Concrete Replacement Phase I, Fiscal Year 2022-2023; Bid No. 22-23.04.
Reject all bids received and authorize the re -advertisement of this project with new Bid No. 22-23.09.
Recommended Action:
Staff Report
Bid Abstract
Attachments:
3.12. Approval of plans and specifications for Plaza Park Safety Enhancement Project; and authorization to advertise for bids.
Approve plans and specifications and authorize advertising for Bid No. 22-23.13 (SP-4230).
Recommended Action:
Staff Report
Plaza Park Safety Enhancements Exhibit
Attachments:
3.13. Claims for Damages.
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. Rowena Tobias
2. Jennifer Vaughn
3. Courtnie Minchaca
4. D’anel Winsor
5. Yvonne Lewis
6. Daniel Kanu
7. Dina Marysol Cruz De Leon
Recommended Action:
Staff ReportAttachments:
City Council Agenda September 13, 2022
3.14. Final Acceptance of Bid No. 20-21.07; Fire Station No. 1 and Headquarters; and authorization to file Notice of Completion.
Accept Fire Station No. 1 and Headquarters (SP-4071) as complete, and authorize staff to file Notice of Completion with the County Recorder.
Recommended Action:
Staff Report
Notice of Completion and Acceptance
Attachments:
3.15. Authorize purchase of twenty -nine vehicles and equipment for various departments using a Cooperative Purchasing Agreement.
1. Approve the purchase of one Pierce Tiller Arrow XT Fire Engine from South Coast Fire Equipment for $1,037,766.
2. Authorize the replaced Fire Seagrave Pumper, 2003 Seagrave, to be donated to Queretaro, Mexico.
3. Approve the purchase of one Ambulance from Red Sky for $444,772.
4. Approve the purchase of three Chevrolet Bolts, one Chevrolet Tahoe, one Dodge Durango, nine Ford F -150s, three Ford Explorers, one Ford Transit and five Ford Explorer Pursuits from the National Auto Fleet Group for a total of $972,122.
5. Approve the purchase of two backhoes and two trailers from Caterpillar for a total of $435,591.
6. Approve the purchase of safety equipment and supplies needed to equip the Fire Apparatus (Engine, Ambulance, and Pursuit vehicles) from various lowest qualified vendors for a total of $553,471.
Recommended Action:
Staff Report
Letter from Bomberos Queretaro
Attachments:
3.16. Authorize purchase of two Power Pro 2 gurneys from Stryker Medical as a sole source vendor.
Approve the purchase of two Power Pro 2 gurneys from Stryker Medical for $53,458.98.
Recommended Action:
Staff Report
Sole Source Letter
Quote Number 10567864
Attachments:
3.17. Conflict of Interest Code 2022 Local Agency Biennial Notice.
1. Receive and file the 2022 Local Agency Biennial Notice as submitted.
2. Determine that amendments to the City ’s Conflict of Interest Code are required to include new positions, revise titles of existing positions and delete titles of positions Recommended Action:
City Council Agenda September 13, 2022
that have been abolished.
3. Direct staff to prepare a resolution amending the code for City Council approval within 90 days.
Staff Report
2022 Local Agency Biennial Notice
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).
6. ADMINISTRATIVE REPORTS
6.1. Grijalva Park Master Plan Update.
Receive and file.
Recommended Action:
Staff Report
Attachment 1 - 2005 Grijava Park at Santiago Creek Site Plan Attachment 2 - 2019 Grijalva Park Master Plan Update
Attachment 3 - 2022 Grijalva Park Master Plan Update
Attachments:
6.2. Sully Miller Site Update.
Receive and file.
Recommended Action:
Staff Report
Attachment A - Sully Miller Site Map
Attachment B - Land Use Table Sand and Gravel and Open Space Attachments:
7. REPORTS FROM CITY MANAGER
City Council Agenda September 13, 2022
8. PUBLIC HEARINGS
8.1. Public Hearing to consider amendment to the Fiscal Year 2022-2023 Annual Action Plan to allocate HOME Investment Partnership funds to the Villa St .
Joseph Affordable Housing project and approval of the preliminary award letter of HOME Investment Partnership funds for the State of California Low Income Housing Tax Credits application.
Note: Staff is requesting that the City Council continue this item to the October 11, 2022, Regular City Council meeting.
1. Approve the submittal of the amended Fiscal Year 2022-2023 Action Plan to the U.S. Department of Housing and Urban Development for the allocation of HOME funds to the Villa St. Joseph Affordable Housing Project.
2. Authorize the appropriation of $127,487 from HOME (317) unreserved fund balance to 317.9661.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.
3. Authorize the transfer of $523,757 from expenditure account number 317.9660.56510.11250 - HOME Developer Projects to expenditure account number 317.9660.56571.30210 Rehab/Dev Loans - Villa St. Joseph.
4. Authorize the City Manager to execute the attached preliminary award letter of $651,244 in HOME Investment Partnerships funds for the Villa St. Joseph Affordable Housing Project and for all Department of Housing and Urban Development documents related to this commitment.
Recommended Action:
Staff Report
Draft Preliminary Award Letter
1st Amendment to the FY2022-2023 Annual Action Plan
Attachments:
9. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, October 11, 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 at 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.
Date posted: September 8, 2022