Tom Kisela
Interim City Manager
Mary Binning
City Attorney
Pamela Coleman
City Clerk
DAN SLATER
Mayor
ARIANNA BARRIOS
Mayor pro tem, District 1
JON DUMITRU
Councilmember, District 2
KATHY TAVOULARIS
Councilmember, District 3
DENIS BILODEAU
Councilmember, District 4
ANA GUTIERREZ
Councilmember, District 5
JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
March 14, 2023
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 and fourth 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 March 14, 2023
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 written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council and posted on the City’s website.
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.
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 March 14, 2023
5:00 PM CLOSED SESSION
1. CALL TO ORDER
1.1 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 EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1.
Title: Finance Director
b. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)1.
Title: City Attorney
c. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6.
City Negotiator: Tom Kisela, Interim City Manager
Employee Organizations: Orange City Firefighters, City of Orange Police Association, City of Orange Police Management Association
d. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to and initiation of litigation pursuant to Government Code Section 54956.9(d)(2) & (d)(4): (One potential case)
e. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Patricia Kuklovsky, et al. v. City of Orange, et al.
Orange County Superior Court Case No. 30-2021-01196985
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 March 14, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Danny Kurimay, Orange Police Department Chaplain and Community Church
1.2 PLEDGE OF ALLEGIANCE
Councilmember Denis Bilodeau
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Orange High School Student Liaison Diego Paz, ASB Ambassador El Modena High School Student Liaison Ruby Hewitt, ASB School Board Representative
Community Partner Recognition
Orange County Sustainability Decathlon, Dr. Fred Smoller
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 February 2, 10, 16, and 24, 2023.
Recommended Action:
City Council Agenda March 14, 2023
Approve.
Staff ReportAttachments:
3.3. Approval of minutes of the City of Orange City Council Special Meetings held on February 10 and February 14, 2023; and the Regular Meeting held on February 14, 2023.
Approve minutes as presented.
Recommended Action:
Staff Report
February 10, 2023, Special Meeting minutes
February 14, 2023, Special Meeting minutes
February 14, 2023, Regular Meeting minutes
Attachments:
3.4. Software Agreement with MaintStar, a California Corporation, for the purchase and upgrade of the City ’s work asset management system and land management system; and Agreement with LA Consulting for implementation services of work asset management system and land management system.
1. Approve the 5-year Software Agreement with MaintStar in the amount of $1,197,486 which includes the WAMS system amount of $539,112, the LMS system amount of $549,512, and a combined 10% contingency of $108,862, and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Approve the agreement with L .A. Consulting, Inc. for implementation services in the amount of $127,182 and authorize the Mayor and City Clerk to execute on behalf of the City.
3. Approve the purchase of 60 smart devices in the amount not to exceed $70,000.
Recommended Action:
Staff Report
Agreement with MainStar
Agreement with L.A. Consulting
Attachments:
3.5. Agreement with Verde Design for architectural and engineering design services for Hart Park Diamond 1 Field Improvements.
Approve agreement with Verde Design in the amount of $ 161,763.60 for design of the Hart Park Diamond 1 Field Improvements project (30133); and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Attachment 1 - Project Area Aerial Map
Attachment 2 - Verde Design Agreement
Attachments:
City Council Agenda March 14, 2023
3.6. Agreement with Hinderliter De Llamas & Associates (HdL) for Business License and Tax Services Software as a single source vendor.
Approve the three -year agreement with Hinderliter De Llamas & Associates (HdL) in the amount of $ 143,722 for Business License and Tax Services Software and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Software Services Agreement
Single Source Vendor certification
Attachments:
3.7. First Amendment to Agreement with Lance, Soll, & Lunghard, LLP for additional financial reporting services and a one-year term extension.
Approve First Amendment to the agreement with Lance, Soll, & Lunghard, LLP to initiate first extension year and the addition of services for the preparation and submission of the Annual Comprehensive Financial Report (ACFR) and the State Controller’s Report and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to Professional Services Agreement
Attachments:
3.8. Amendment to six Affordable Housing Agreements with Orange Housing Development Corporation for 10% loan forgiveness on each loan in exchange for early repayment to the City.
For the six Affordable Housing Agreements with Orange Housing Development Corporation to include:
a. Adams I: 1837-1841 E. Adams Avenue - Agreement 2951
b. Adams II: 1915, 1917, 1919 E. Adams Avenue - Agreement 3076 c. Adams III: 1741-1745 E. Adams Avenue - Agreement 3195 d. Alice Clark Orange Blossom Apartments: 141 East Walnut Avenue - Agreement 2538
e. Rose Street Apartments: 1743 E. Rose Avenue - Agreement 3121 f. Villa Modena: 4431 E. Marmon Avenue - Agreement 3507
1. Authorize staff to update amounts in the First Amendment to reflect the most current balances of each loan as of amendment approval date.
2. Approve the amendment to the six Affordable Housing Agreements with Orange Housing Development Corporation and authorize the City Manager to execute final agreement on behalf of the City after final amounts are determined, no later than March 18, 2023, and discount amounts not to exceed $158,000.
3. Accept into the City ’s revenue budget approximately $1,388,965.91 from Orange Housing Development Corporation into the following revenue account numbers:
Recommended Action:
City Council Agenda March 14, 2023
a. 921.0000.44100.00000-Principal Repayments $888,099.74 b. 921.0000.44151.00000-Interest - Deferred Loans $411,061.75 c. 317.0000.44100.00000-Principal Repayments $ 89,532.13 d. 317.0000.44151.00000-Interest - Deferred Loans $ 272.30 Staff Report
Amendment to OHDC Affordable Housing Loans Early Payoff Attachments:
3.9. Grant a utility easement to Southern California Edison on City of Orange property to facilitate the installation of support wire for a replacement electrical pole.
Authorize the granting of a utility easement on City property in favor of Southern California Edison and authorize the Mayor to execute the easement deed from the City to Southern California Edison.
Recommended Action:
Staff Report
Easement Deed
Plat Map
Location Map
Attachments:
3.10. Appropriation of $ 36,414 in designated grant and disbursement funding received from California State Library and Santiago Library System.
1. Accept into the City ’s revenue budget $36,414 in grant and disbursement funds from California State Library and Santiago Library System into the following revenue account numbers in the General Fund: $30,000 into account number 100.2001.45290.30223, Palace Implementation Project Grant; and $6,414 into account number 100.2001.48390.19988, Santiago Library System.
2. Authorize the appropriation of $36,414 in grant and disbursement funds into the following expenditure account numbers in the General Fund: $30,000 into account number 100.3001.53301.30223, Books - Palace Implementation Project Grant; and $6,414 into account number 100.2001.53301.19988, Books - Santiago Library System.
Recommended Action:
Staff Report
Palace Implementation Project Grant Award Letter
Attachments:
City Council Agenda March 14, 2023
3.11. Appropriation of $ 443,515.03 in State of California Office of Emergency Services funding received.
1. Accept into the City ’s revenue budget $443,515.03 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 $439,141.18 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.
3. Authorize the appropriation of $4,373.85 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.
Recommended Action:
Staff ReportAttachments:
3.12. Appropriation of $ 102,504.07 in designated grant funding received from the Board of State and Community Corrections (BSCC) for the 2023 Officer Wellness and Mental Health Grant Program.
1. Accept into the City ’s revenue budget $102,504.07 in grant funds from the Board of State and Community Corrections, into revenue account number 100.4011.45290.30224, BSCC Officer Wellness 22-23.
2. Authorize the appropriation of $102,504.07 into the following expenditure accounts:
100.4011.51640.30224 Medical & Psychologic Services BSCC 22-23 $ 81,504.07 100.4011.51830.30224 Overnight Training BSCC 22-23 11,000.00 100.4011.55131.30224 Equipment BSCC 22-23 10,000.00
Recommended Action:
Staff ReportAttachments:
3.13. Appropriation of $ 47,000 from the General Fund unreserved fund balance to cover the cost of the 2022 General Municipal Election.
Authorize the appropriation of $ 47,000 from the General Fund unreserved balance to expenditure account number 100.0401.52551.00000 - General Fund - Election Expense.
Recommended Action:
Staff Report
County of Orange Invoice
Attachments:
3.14. Approval of plans and specifications for Well 28 Equipping and Public Pocket Park Construction Project (W-698) and authorization to advertise for bids.
Approve the plans and specifications and authorize advertising for Bid No. 22-23.33.
Recommended Action:
Staff Report
Location Map
Attachments:
City Council Agenda March 14, 2023
3.15. Approval of plans and specifications and finding of CEQA exemption for HVAC Replacement at Main Library and authorization to advertise for bids.
Approve the plans and specifications and authorize advertising for Bid No .22-23.34 (SP-4049).
Recommended Action:
Staff Report
Location Map
Attachments:
City Council Agenda March 14, 2023
3.16. Claims for Damages.
Deny the following claim and refer to City Attorney and Claims Adjuster:
1. Mercury Insurance a/s/o Kimberly Krause
Recommended Action:
Staff ReportAttachments:
3.17. First Amendment to Contract with Towo Enterprise, Inc ., for Annual Concrete Replacement at Various Locations, Phase I.
Approve the First Amendment to the Contract in the amount of $ 76,665.00 with Towo Enterprises, Inc. for additional work; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment
CCO TOWO
Attachments:
3.18. Final Acceptance of Bid No. 21-22.08, Annual Pipeline Renewal Project; and authorization to file Notice of Completion.
Accept the Annual Pipeline Renewal Project as complete, and authorize staff to file Notice of Completion with the County Recorder.
Recommended Action:
Staff Report
Notice of Completion and Acceptance
Attachments:
3.19. Authorize increase to blanket purchase order for Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.
1. Approve the increase to blanket purchase order for ammunition from Dooley ’s Enterprise, Inc. in the amount of $55,000 for an overall purchase order total of $143,000.
2. Authorize the appropriation of $55,000 from the General Fund unreserved fund balance to expenditure account number 100.4011.53540.00000, General Fund - Ammunition.
Recommended Action:
Staff ReportAttachments:
3.20. Authorize continued rental services for a mobile laundry facility with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.
Approve an increase to a blanket purchase order for a total of $ 107,389 with Mobile Recommended Action:
City Council Agenda March 14, 2023
Concepts, Inc. dba U.S. Mobile Kitchens for core service facility rentals.
Staff ReportAttachments:
3.21. Resolution No. 11438 denying Appeal No. 0561-22 and upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new duplex unit at the rear of an existing single -family dwelling on a property zoned Duplex Residential at 529 S. Grand Street and finding of CEQA exemption.
Adopt Resolution No. 11438. A Resolution of the City Council of the City of Orange denying Appeal No. 0561-22 and approving Design Review No. 5077-22 to construct a new duplex unit located at 529 S. Grand Street.
Recommended Action:
Staff Report
Resolution No. 11438
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
4.1. Homeless Outreach City Council Subcommittee update.
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. Highlight Local Business (Gutierrez & Barrios)
5.2. Proposed amendment to Orange Municipal Code Chapter 8.26 “Leaf Blowers ” (Gyllenhammer)
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1. Appointment(s) to various City Boards, Commissions, and Committees.
Confirm Mayor Slater ’s recommendation to appoint Chrissy Vaughn and Brendon Moeller to the CDBG Program Committee for two -year terms respectively ending June 30, 2025; Robert Grosse and Greg Ledesma to the Design Review Committee for four-year terms respectively ending June 30, 2027; Chris Horton to the Investment and Audit Committee for a two -year term ending on June 30, 2025; Erika de Vries and James Kushon to the Park Planning and Community Events Commission to fill unexpired terms ending June 30, 2025; Alison Martin to the Planning Commission to fill an unexpired term ending June 30, 2025; Ruby Maldonado and Shannon Tucker to the Planning Commission for four -year terms respectively ending on June 30, 2027; Tim McCormack to the Planning Commission to fill a scheduled vacancy effective July 1, 2023, for a four -year term ending June 30, 2027; Joseph Barbeito, Matt Hamilton, and Recommended Action:
City Council Agenda March 14, 2023
Derek Tran to the Traffic Commission for four -year terms respectively ending June 30, 2027; and Seimone Jurjis to the Traffic Commission to fill a scheduled vacancy effective July 1, 2023, for a four-year term ending June 30, 2027.
Staff ReportAttachments:
7. ADMINISTRATIVE REPORTS
7.1. Request for permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. Resolution No. 11439.
1. Approve permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street.
2. Adopt Resolution No. 11439. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11422 and adopting a revised master resolution of permit parking areas within the City of Orange.
Recommended Action:
Staff Report
NPPP Policy, August 2022
Resolution No. 11439
Area Map for Permit Area Z
February 8, 2023, CTC Staff Report
February 8, 2023,CTC Minutes
Attachments:
City Council Agenda March 14, 2023
7.2. Agreement for Employment with City Manager Thomas C. Kisela and adoption of amended citywide pay schedule. Resolution No. 11440.
1. Approve Agreement for Employment with City Manager Thomas C. Kisela, and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Adopt Resolution No. 11440. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11435 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.
Recommended Action:
Staff Report
Employment Agreement
Resolution No. 11440
Attachments:
8. REPORTS FROM CITY MANAGER
8.1. Update on Paseo Study
9. LEGAL AFFAIRS
9.1. Introduction and First Reading of Ordinance No. 02-23 authorizing City Councilmember health and retirement benefits.
Introduce and conduct First Reading of Ordinance No. 02-23. An Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal Code by adding Chapter 2.09 relating to City Council health and retirement benefits.
Recommended Action:
Staff Report
Ordinance No. 02-23
Attachments:
10. PUBLIC HEARINGS
10.1. Public hearing to consider Introduction and First Reading of Ordinance No. 01-23 amending the Orange Municipal Code to update references to membership of committees and commissions and other administrative revisions, and finding of CEQA exemption.
Introduce and conduct First Reading of Ordinance No. 01-23. An Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to update membership references for the Planning Commission, Design Review Committee and Traffic Commission.
Recommended Action:
Staff Report
Ordinance No. 01-23 - REDLINED
Ordinance No. 01-23 - CLEAN
Attachments:
City Council Agenda March 14, 2023
10.2. Public Hearing to consider amending and revising the Master Schedule of Fees and Charges to adopt new Water and Sewer Rates. Resolution Nos. 11436 and 11437.
1. Adopt Resolution No. 11436. A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges for sewer rates.
2. Adopt Resolution No. 11437. A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges for water rates.
3. Receive and file the Water and Sewer Rate Study conducted by Raftelis Financial Consultants, Inc.
Recommended Action:
Staff Report
Resolution No. 11436
Resolution No. 11437
Proposition 218 Notice
Draft Water and Sewer Rate Study
Attachments:
City Council Agenda March 14, 2023
10.3. Public Hearing to consider the approval of the draft HOME Investment Partnership-American Rescue Plan Allocation Plan prior to submittal to the Department of Housing and Urban Development.
1. Authorize staff to incorporate public comments received at the Public Hearing into the HOME-ARP Allocation Plan.
2. Approve the HOME -ARP Allocation Plan prior to submission to the Department of Housing and Urban Development (HUD).
3. Authorize the City Manager or their designee to make any necessary changes to the Allocation Plan and submit the Allocation Plan to HUD.
4. Upon approval of the HOME -ARP Plan from the Department of Housing and Urban Development (HUD), accept into the City ’s revenue budget $1,572,426.70 in HOME Investment Partnerships Program American Rescue funds into revenue account number 317.0000.45120.30206, Federal HUD Grants - HOME-ARP Grant.
5. Upon approval of the HOME -ARP Plan from the Department of Housing and Urban Development (HUD), authorize the appropriation of $1,572,426.70 from the HOME Fund (317) unreserved fund balance to expenditure account 317.9640.51670.30206 - HOME-ARP Other Professional Services.
6. Authorize the City Manager or their designee to execute documents related to the HOME-ARP Allocation Plan on behalf of the City.
Recommended Action:
Staff Report
Draft HOME-ARP Allocation Plan
Attachments:
11. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, March 28, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
I, Jennifer Connally, CMC, Deputy 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: Thursday, March 9, 2023