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
October 11, 2022
4:30 PM Employee Recognition
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 Council 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.
City Council Agenda October 11, 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 October 11, 2022
4:30 PM EMPLOYEE RECOGNITION
1. WELCOME
2. EMPLOYEE SERVICE AWARDS
3. RECESS
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. PUBLIC EMPLOYMENT
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 October 11, 2022
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Jonathan Reider, Friends Church Orange
1.2 PLEDGE OF ALLEGIANCE
Mayor Mark A. Murphy
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Friends of the Orange Public Library presentation to the Orange Public Library Olive Pony Baseball Recognition
Proclamation recognizing October 9-15, 2022, as National Case Management Week Proclamation recognizing National Hispanic Heritage Month
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:
Staff ReportAttachments:
3.2. Confirmation of warrant registers dated September 1, 9, 15, 23, and 29, 2022.
Approve.
Recommended Action:
City Council Agenda October 11, 2022
Staff ReportAttachments:
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on September 13, 2022, and Adjourned Regular Meeting held on September 27, 2022.
Approve minutes as presented.
Recommended Action:
Staff Report
September 13, 2022, Regular Meeting minutes
September 27, 2022, Adjourned Regular Meeting minutes
Attachments:
3.4. Agreement with Robertson Industries, Inc. for maintenance and repair of rubberized play surface material for tot lots in four City parks.
Approve agreement with Robertson Industries, Inc. in an amount of $ 80,625 and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Maintenance Services Agreement
Playground Systems, Installation, Services, and Related Items with Region 4 Education Services Center and OMNIA agreement
Attachments:
3.5. Affordable Housing Agreement between the City of Orange and Mercy Housing California 107, L.P. (Relates to Agenda Item 8.3)
1. Approve the Affordable Housing Agreement between the City of Orange and Mercy Housing California 107, L .P. and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $576,000 from the Low and Moderate Income Housing Asset (921) unreserved fund balance to expenditure account number 921.9810.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.
3. Authorize the appropriation of $372,756 from Affordable Housing (916) unreserved fund balance to expenditure account number 916.9810.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.
4. Authorize the City Manager to make minor language changes to agreement, related attachments, and documents if needed and execute on behalf of the City.
Recommended Action:
Staff Report
Affordable Housing Agreement
Pro Forma
Attachments:
City Council Agenda October 11, 2022
3.6. Historic Property Preservation Agreements (Mills Act Contracts) for six qualified historic properties.
Approve six Mills Act Contracts between the City of Orange and the identified property owners for the preservation and rehabilitation of qualified historic properties, and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Table Summary of Six Mills Act Applications
Mills Act Contract MAC 413.0-22 with photograph
Mills Act Contract MAC 414.0-22 with photograph
Mills Act Contract MAC 415.0-22 with photograph
Mills Act Contract MAC 416.0-22 with photograph
Mills Act Contract MAC 417.0-22 with photograph
Mills Act Contract MAC 418.0-22 with photograph
Attachments:
3.7. First Amendment to the Agreement with Gillis & Panichapan Architects, Inc. for the Corporation Yard Renovations Project.
Approve the first amendment with Gillis & Panichapan Architects, Inc. in the amount of $49,565 for additional design services for the Corporation Yard Renovations Project, and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment with Gillis & Panichapan Architects, Inc.
Attachments:
3.8. Second Amendment to the Agreement with Merchants Building Maintenance, LLC, for additional custodial services.
1. Approve the amendment with Merchants Building Maintenance, LLC. In the amount of $24,149.04 for custodial services and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $24,149.04 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - 517 W. Struck Transition.
Recommended Action:
Staff Report
Second Amendment to Agreement with Merchants Building
Maintenance
Attachments:
City Council Agenda October 11, 2022
3.9. Appropriation of $ 40,887.28 in State of California Office of Emergency Services funding received.
1. Accept into the City ’s revenue budget $40,887.28 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into revenue account number 100. 3024.48212.40301, Reimbursement from Cal EMA.
2. Authorize the appropriation of $40,784.19 into expenditure account number 100. 3024.50221.40284, Overtime-Safety.
3. Authorize the appropriation of $103.09 into expenditure account number 100.3024.53860.40284, Strike Team Expenditures.
Recommended Action:
Staff ReportAttachments:
3.10. Appropriation of $ 30,000 in designated donation funding received from the Friends of the Orange Public Library.
1. Accept into the City ’s budget a $30,000 donation from Friends of the Orange Public Library into revenue account number 100.2001.48390.19990, General Fund - Friends of the Library.
2. Authorize the appropriation of $30,000 into the following expenditure account numbers in the General Fund for Friends of the Orange Public Library:
$ 2,200 100.2001.53011.19990 Employee Appreciation 3,000 100.2001.53301.19990 Library Books
10,750 100.2001.55131.19990 Furniture, Machinery, and Equipment 5,300 100.2014.53340.19990 Craft Supplies
2,750 100.2016.53340.19990 Craft Supplies
6,000 100.2017.53340.19990 Craft Supplies
Recommended Action:
Staff ReportAttachments:
3.11. Appropriation of $ 30,487 in designated grant funding received from California Library Literacy Services.
1. Accept into the City ’s revenue budget a $30,487 grant from California Library Literacy Services, into revenue account number 100.2001.45290.30190, General Fund - California Library Literacy Services Grant.
2. Authorize the appropriation of $30,487 to California Library Literacy Services Grant into the following expenditure account numbers:
$20,000 100.2001.50312.30190 Part-time Misc. Salaries
10,487 100.2001.53001.30190 Materials and Supplies
Recommended Action:
Staff ReportAttachments:
City Council Agenda October 11, 2022
3.12. Appropriation of $ 55,594.87 from the Old Towne West Metrolink Parking Structure parking revenue collected during the Orange International Street Fair to be used for maintenance costs.
1. Accept into the City ’s revenue budget $55,594.87 in Metrolink Parking Structure funds from the parking fees into revenue account 100.0000.48380.17006, General Fund - Street Fair Metrolink Parking.
2. Authorize the appropriation of $55,594.87 into expenditure account number 100.5028.51450.20421, General Fund - Other Maintenance Metrolink Parking Structure.
Recommended Action:
Staff ReportAttachments:
3.13. Claims for Damages.
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. Smoketree Orange HOA
2. Kimberly Barbara Lizotte
3. Lori Bauman
Recommended Action:
Staff ReportAttachments:
3.14. Award of Contract to Paint & D écor, Inc. for Orange Library Interior Facility Rehabilitation; Bid No. 22-23.08.
1. Authorize the appropriation of $115,000 from the Library Facility Fees unreserved fund balance to expenditure account number 573.5028.56020.20461, Library Facility Fees - Main Library Facility Improvements.
2. Approve the contract with Paint & D écor, Inc. in the amount of $848,585, representing an original bid amount of $737,900, plus a 15% contingency of $110,685 and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Contract with Painting & Decor, Inc.
Attachments:
3.15. Award of Contract to Commercial Interior Resources for Carpet Replacement at City Hall Public Works and Community Development Departments and at the Orange Police Department.
Approve the contract with Commercial Interior Resources for $ 241,616 to furnish and install new carpet and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
City Council Agenda October 11, 2022
Staff Report
Contract with Commercial Interior Resources
Attachments:
3.16. Award of Contract to Hardy & Harper, Inc. for Cannon Street at Serrano Avenue Intersection Improvements; Bid No. 22-23.05.
1. Authorize the appropriation of $631,814 from the Reimbursable Capital Projects unreserved fund balance to expenditure account number 550.5011.56330.20383 Cannon & Serrano Intersection Modification.
2. Accept into the City ’s revenue budget $631,814 in grant funds from the OCTA ’s Comprehensive Transportation Funding Program.
3. Approve the contract with Hardy & Harper, Inc. in the total amount of $759,000, representing the bid amount of $690,000 plus a 10% contingency of $69,000, for Cannon Street at Serrano Avenue Intersection Improvements, and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Contract with Hardy & Harper, Inc
Attachments:
3.17. Authorize purchase of vehicles and equipment for various departments using a Cooperative Purchasing Agreement.
1. Approve the purchase of one Ambulance from Red Sky Emergency Vehicles for $445,082.
2. Approve the purchase of four Post Rotary Hoists for a total of $52,609.
3. Authorize the donation of the existing fleet hoists to Queretaro, Mexico.
Recommended Action:
Staff Report
Letter from Bomberos Queretaro
Attachments:
3.18. Authorize purchase of security platform equipment and services from Siemens Industry, Inc. for Fiscal Year 2022-2023.
Approve the purchase of security platform equipment and services from Siemens Industry, Inc. for $30,000 for Fiscal Year 2022-2023.
Recommended Action:
Staff ReportAttachments:
3.19. Support for ballot measure to strengthen local planning authority. Resolution No . 11414.
Adopt Resolution No. 11414. A Resolution of the City Council of the City of Orange supporting the League of California Cities to support a ballot measure to strengthen Recommended Action:
City Council Agenda October 11, 2022
local planning authority.
Staff Report
Resolution No. 11414
Attachments:
3.20. City of Orange Conflict of Interest Code amendment. Resolution No. 11415.
Adopt Resolution No. 11415. 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.
Recommended Action:
Staff Report
Attachment 1 - Resolution No. 11415 with Exhibit A
Attachment 2 - Legislative Version of Exhibit A
Attachment 3 - Notice of Intention
Attachments:
3.21. Approval of tax exchange agreement with the City of Anaheim as part of a reorganization of city boundaries. Resolution No. 11418.
Adopt Resolution No. 11418. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11349 and approving a property tax exchange agreement between the City of Anaheim and the City of Orange regarding the Santa Ana River reorganization (areas 1, 1A, 2, 3 and remaining areas) No. RO 20-06 and determining said actions are exempt from the California Environmental Quality Act Pursuant to Section 15301 (Class 1, existing facilities).
Recommended Action:
Staff Report
Resolution No. 11418 with attached Exhibit A
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).
City Council Agenda October 11, 2022
6. ADMINISTRATIVE REPORTS
6.1. Proposed Permit Parking Opportunity Areas.
Adopt the parking opportunity areas 1 through 5 as described herein and shown on the attached maps.
Recommended Action:
Staff Report
City of Orange NPPP Guidelines, August 2022
August 9, 2022 City Council Staff Report: Updates to NPPP Guidelines
City of Orange Land Use Policy Map
Citywide Permit Parking Map with Proposed Parking Opportunity Areas
Attachments:
6.2. Update on the City’s Short Term Rental Program.
Receive and file.
Recommended Action:
Staff ReportAttachments:
6.3. Financial status update for Fiscal Years 2021-2022 and 2022-23.
Receive and file.
Recommended Action:
Staff ReportAttachments:
6.4. Agreement with Townsend Public Affairs, Inc. for grant writing and legislative advocacy services.
Approve agreement with Townsend Public Affairs, Inc. in the amount of $ 96,000 for legislative advocacy and grant writing services and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Townsend Public Affairs Proposal
Professional Services Agreement
Attachments:
7. REPORTS FROM CITY MANAGER
City Council Agenda October 11, 2022
8. PUBLIC HEARINGS
8.1. Public Hearing to consider adoption of the 2022 California Building Codes .
Resolution No. 11416 and Ordinance No. 06-22.
1. Adopt Resolution No. 11416. A Resolution of the City Council of the City of Orange setting forth findings with respect to local climatic and geographic conditions justifying amendments to the 2022 California Building Code, the 2022 California Residential Code, and the 2022 California Electrical Code.
2. Introduce and conduct First Reading of Ordinance No. 06-22. An Ordinance of the City Council of the City of Orange amending Titles 12, 13, and 15 of the Orange Municipal Code adopting and amending the 2022 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes.
Recommended Action:
Staff Report
Resolution No. 11416
Ordinance No. 06-22
Attachments:
8.2. Public Hearing to consider adoption of the 2022 Edition of the California Fire Code amending Title 15 of the Orange Municipal Code. Resolution No. 11417 and Ordinance No. 07-22.
1. Adopt Resolution No. 11417. A Resolution of the City Council of the City of Orange setting forth findings with respect to local conditions within the City of Orange justifying modifications and changes to the California Fire Code.
2. Introduce and conduct First Reading of Ordinance No. 07-22. An Ordinance of the City Council of the City of Orange deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.
Recommended Action:
Staff Report
Resolution No. 11417
Ordinance No. 07-22
Attachments:
8.3. Continued 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 to assist with gap funding needed to close on construction financing. (Continued from September 13, 2022) (Relates to Agenda Item 3.5)
1. Approve the submittal of the amended Fiscal Year 2022-2023 Action Plan to the Recommended Action:
City Council Agenda October 11, 2022
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 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.
5. Authorize the City Manager to make minor language changes or adjustments to commitment letter, agreement, and related documents if needed and execute on behalf of the City.
Staff Report
Draft Preliminary Award Letter
1st Amendment to the FY2022-2023 Annual Action Plan
Attachments:
9. ADJOURNMENT
The City Council will adjourn to a meeting on Tuesday, November 15, 2022, at 6:00 p.m., with Closed Session beginning at 5:00 p.m., if necessary. The November 8, 2022, Regular City Council meeting was cancelled.
The next Regular City Council meeting will be held on Tuesday, December 13, 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: October 6, 2022