Tom Kisela
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 28, 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. (Continued on page 2)
City Council Agenda March 28, 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 28, 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. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Salvador Miramontes-Robles v. Nykolo Gonzalez, et al.
Orange County Superior Court Case No. 30-2022-01247785
c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)
d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property Location: 101 E. Chapman Avenue
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
Property: 2829 N. Glassell, APN 360-241-04
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Discovery LLC, John Doan, Manager
Under Negotiation: Price and terms of payment
e. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, City of Orange Police Association, City of Orange Police Management Association, Orange Fire Management Association
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 28, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Emeritus Rod Schorr, Calvary Chapel Old Towne
1.2 PLEDGE OF ALLEGIANCE
Councilmember Ana Gutierrez
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing the month of March as Women's History Month
1.5 REPORT ON CLOSED SESSION ACTIONS
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. Claim for Damages.
Deny the following claim and refer to City Attorney and Claims Adjuster:
1. Laurie Cesena
Recommended Action:
Staff ReportAttachments:
City Council Agenda March 28, 2023
3.3. First Amendment to Contract with Tess Electric, Inc. for electrical improvements at Wells 23 and 24.
Approve the First Amendment to Contract with Tess Electric, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to Contract with Tess Electric, Inc
Attachments:
3.4. Second Reading and adoption of 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. Ordinance No. 01-23
Adopt Ordinance No. 01-23.
Recommended Action:
Staff Report
Ordinance No. 01-23
Attachments:
3.5. Second Reading and adoption of 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. Ordinance No. 02-23 Adopt Ordinance No. 02-23.
Recommended Action:
Staff Report
Ordinance No. 02-23
Attachments:
3.6. Authorize purchase of police AR -15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement.
1. Approve the purchase of AR -15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement for a total amount of $213,171.
2. Authorize the appropriation of $213,171 from Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.55131.00000, Federal Asset Forfeiture - Equipment.
Recommended Action:
Staff Report
ProForce Law Enforcement Quote
Attachments:
City Council Agenda March 28, 2023
3.7. Authorize the purchase of additional Microsoft enterprise maintenance licenses from Insight Public Sector.
Approve the purchase of one hundred additional Microsoft 365 enterprise maintenance licenses for the 3rd year of the Microsoft Enterprise Agreement for $ 34,044.50 from Insight Public Sector.
Recommended Action:
Staff Report
Insight Public Sector Quote 0225748146
Attachments:
3.8. A California Public Employees’ Retirement System (CalPERS) Health Resolution incorporating Non-PERS Elected Officials. Resolution No. 11441.
Adopt Resolution No. 11441. A Resolution of the City Council of the City of Orange electing to be subject to the Public Employees’ Medical and Hospital Care Act at an equal amount for employees and annuitants with respect to a recognized employee organization.
Recommended Action:
Staff Report
Resolution No. 11441
Attachments:
3.9. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/2024 Assistance to Firefighters Grant Program and if awarded, authorizing acceptance. Resolution No. 11442.
Adopt Resolution No. 11442. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/24 Assistance to Firefighters Grant Program and if awarded, authorizing the acceptance of such grant on behalf of the City.
Recommended Action:
Staff Report
Resolution No. 11442
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
4.1. Review of Development Standards for Urban Projects
City Council Agenda March 28, 2023
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. Frequency of Park Planning and Community Events Commission Meetings (Tavoularis)
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1. Appointment of Mike Ludin to the Investment and Audit Committee.
Confirm Mayor Slater ’s recommendation to appoint Mike Ludin to the Investment and Audit Committee for a two-year term ending on June 30, 2025.
Recommended Action:
Staff ReportAttachments:
7. ADMINISTRATIVE REPORTS
7.1. Orange Police Department 2022 Crime Report/General Overview.
Receive and file.
Recommended Action:
Staff Report
2022 Crime Report
2022 Police Annual Report
2022 Homeless and HEART Report
Attachments:
8. REPORTS FROM CITY MANAGER
9. LEGAL AFFAIRS
9.1. Introduction and First Reading of Ordinance No. 03-23, repealing Chapter 5.54 of the Orange Municipal Code related to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors, and adoption of Resolution No. 11443 setting fines and fees.
1. Introduce and conduct First Reading of Ordinance No. 03-23. An Ordinance of the City Council of the City of Orange repealing Chapter 5.54 of the Orange Municipal Code relating to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors.
2. Adopt Resolution No. 11443. A Resolution of the City of Orange setting the amount of fines and fees relating to sidewalk vendors and sidewalk vending permits.
Recommended Action:
City Council Agenda March 28, 2023
Staff Report
Ordinance No. 03-23
Resolution No. 11443
Sidewalk Vending Flowchart
Sidewalk Vending Ordinance PowerPoint
Attachments:
9.2. Introduction and First Reading of Ordinance No. 04-23 adding new Chapter 1.10 to the Orange Municipal Code relating to administrative citations, and adoption of Resolution No. 11444 setting fines and fees.
1. Introduce and conduct First Reading of Ordinance No. 04-23. An Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations.
2. Adopt Resolution No. 11444. A Resolution of the City Council of the City of Orange setting the amount of fines and fees for violations of the Orange Municipal Code relating to administrative citations.
Recommended Action:
Staff Report
Ordinance No. 04-23
Resolutin No. 11444
Attachments:
10. PUBLIC HEARINGS
10.1. Continued Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships-American Rescue Plan Allocation Plan. (Continued from February 14, 2023)
1. Authorize staff to incorporate public comments received at the Public Hearing into the 2021-2022 Annual Action Plan.
2. Approve the Second Amendment to the 2021-2022 Annual Action Plan to incorporate the HOME -ARP Plan and submit to the Department of Housing and Urban Development (HUD).
3. Authorize the City Manager or their designee to finalize the draft HOME -ARP Plan and execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan and HOME-ARP Allocation Plan on behalf of the City.
Recommended Action:
Staff Report
Second Substantial Amendment to the 2021-2022 Annual Action Plan
Draft HOME-ARP Allocation Plan
Attachments:
City Council Agenda March 28, 2023
11. STUDY SESSION
11.1. First Study Session for the Proposed Fiscal Year 2023-24 Budget.
Receive and file the report and provide direction to staff.
Recommended Action:
Staff Report
FY 24 Draft Five-Year Capital Improvement Plan
Attachments:
12. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, April 11, 2023, 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: March 23, 2023