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
April 11, 2023
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 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 April 11, 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 April 11, 2023
4:30 PM EMPLOYEE RECOGNITION
1. WELCOME
2. EMPLOYEE SERVICE AWARDS
3. RECESS
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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property Location: 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
Property Location: APN 039-251-008, 039-251-020, 039-251-031, 039-251-010, 039-252-005, 039-252-011, 039-252-010
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)
c. 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 d. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, Orange Fire Management Association, City of Orange Police Association, City of Orange Police Management Association
City Council Agenda April 11, 2023
4. CLOSED SESSION REPORT
5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber. 6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Ric Olsen, City of Orange Fire Chaplain
1.2 PLEDGE OF ALLEGIANCE
Councilmember John Gyllenhammer
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
OCTA Transportation Services Presentation
City of Hope Orange County Presentation
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. Confirmation of warrant registers dated March 2, 10, 16, 24, and 30, 2023.
Approve.
Recommended Action:
Staff ReportAttachments:
City Council Agenda April 11, 2023
3.2. Approval of minutes of the City of Orange City Council Regular Meetings held on March 14, 2023, and March 28, 2023, and Special Meeting held on March 30, 2023.
Approve minutes as presented.
Recommended Action:
Staff Report
March 14, 2023, Regular Meeting minutes
March 28, 2023, Regular Meeting minutes
March 30, 2023, Special Meeting minutes
Attachments:
3.3. Approval of Cooperative Agreement MA -080-23010376 to Fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed.
Approve five -year Cooperative Agreement MA -080-23010376 with the County of Orange, Orange County Flood Control District, eight watershed cities, the Irvine Company, and Irvine Ranch Water District, in the amount of $ 75,000 and authorize the Mayor and City Clerk execute on behalf of the City.
Recommended Action:
Staff Report
Agreement MA-080-23010376
Attachments:
3.4. Agreement with Alexander’s Contract Services for meter reading services.
1. Authorize the transfer of $220,000 from account number 600.8041.50002.00000, Regular Salaries to account number 600.8041.51670.00000, Other Professional & Consulting Services.
2. Approve the service agreement with Alexander ’s Contract Services in the amount of $220,000 for meter reading services and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Professional Services Agreement with ACS
Attachments:
3.5. First Amendment to agreement with Protel Communications, Inc. DBA ProTelesis for VoIP telephone upgrade.
Approve the first amendment to agreement with Protel Communications, Inc. doing business as ProTelesis in the amount of $ 72,833.35 for VoIP telephone upgrade; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment with Protel Communications, DBA Protelesis Attachments:
City Council Agenda April 11, 2023
3.6. Cooperative agreement with City of Villa Park for East Cerro Villa Drive Improvement Project.
Approve the cooperative agreement with the City of Villa Park in the amount of $100,000, representing the estimated cost of construction plus contingency, for the East Cerro Villa Drive Improvement Project; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Cooperative Agreement with City of Villa Park
Attachments:
3.7. Second Amendment to Agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents.
1. Authorize the appropriation of $50,000 from the Building Records Management Fee unreserved fund balance to expenditure account 110.6001.51670.00000 - Building Records Management Fee - Other Professional and Consulting Services.
2. Approve the second amendment to agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Second Amendment to Agreement to DMC Document & Microfilm Converstion
Attachments:
3.8. Claims for Damages.
Deny the following claim and refer to City Attorney and Claims Adjuster:
1. Mercury Insurance a/s/o Faiza Bounetta
Recommended Action:
Staff ReportAttachments:
3.9. Claim for Damages from Laurie Cesena (Continued from March 28, 2023).
Deny the following claim and refer to City Attorney and Claims Adjuster:
1. Laurie Cesena
Recommended Action:
Staff ReportAttachments:
3.10. Award of Contract to South Coast Industrial Door Inc. for Garage Door Replacement at the Corporation Yard and Fire Stations; Bid No. 22-23.31.
Approve contract with South Coast Industrial Door, Inc. in the total amount of $377,982, representing an original amount of $ 328,680, plus a 15% contingency of Recommended Action:
City Council Agenda April 11, 2023
$49,302, for Garage Door Replacement at the Corporation Yard and Fire Stations, and authorize the Mayor and City Clerk to execute on behalf of the City.
Staff Report
Bid Abstract
Contract with South Coast Industrial Doors, Inc.
Attachments:
3.11. Award of Contract to R .J. Noble Company for Annual Pavement Maintenance at Various Locations, FY 2022-2023 (Bid No. 22.23.27); and finding of CEQA exemption.
Approve contract with R .J. Noble Company in the total amount of $ 5,641,615 for Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Contract with R.J. Noble Company
Location Maps
Attachments:
3.12. Award of Contract to Ramona, Inc. for the Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 Project, Bid No. 22-23.20; and finding of CEQA exemption.
1. Authorize the transfer of $400,000 from 220.5011.56340.30166 Cambridge St Infrastructure Improvement to expenditure account number 220.5011.56200.15508, Sewer Line Maintenance/Replacement.
2. Award the contract to Ramona, Inc. in the amount of $2,487,250, for Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Contract Agreement
Attachments:
3.13. Second Reading and adoption of 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. Ordinance No. 03-23
Adopt Ordinance No. 03-23
Recommended Action:
Staff Report
Ordinance No. 03-23
Attachments:
City Council Agenda April 11, 2023
3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations. Ordinance No. 04-23.
Adopt Ordinance No. 04-23.
Recommended Action:
Staff Report
Ordinance No. 04-23
Attachments:
3.15. Authorize sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc.
Approve the sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc. for an amount not to exceed $44,000.
Recommended Action:
Staff Report
Vicinity Map
DDL Traffic, Inc. Quote
Sole Source Letter from Global Traffic Technologies, LLC Attachments:
3.16. Authorize sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc.
Approve the sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc. for an amount not to exceed $84,525.
Recommended Action:
Staff Report
Econolite Quote
Sole Source Letter from Econolite
Attachments:
3.17. Authorize the increase of purchase order for rescue ambulance gurney service and repair from Stryker Medical.
Approve the increase of purchase order for rescue ambulance gurney service and repair for $15,000 from Stryker Medical.
Recommended Action:
Staff ReportAttachments:
City Council Agenda April 11, 2023
3.18. Declaring the property located at 692 North Adele Street, former Water Well Site #16, as surplus to the City ’s needs, and authorizing the disposal of the property .
Resolution No. 11445.
Adopt Resolution No. 11445. A Resolution of the City Council of the City of Orange finding that certain City -owned real property located at 692 North Adele Street, also known as Water Well Site No. 16, in the City of Orange is surplus to the City ’s needs and authorizing the disposal of said property.
Recommended Action:
Staff Report
Resolution No. 11445
Location Map
Assessor's Map
Aerial Photo
Attachments:
3.19. Designation of April 28, 2023, as Arbor Day. Resolution No. 11446.
Adopt Resolution No. 11446. A Resolution of the City Council of the City of Orange designating April 28, 2023, as Arbor Day.
Recommended Action:
Staff Report
Resoluton No. 11446
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
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)
6. ADMINISTRATIVE REPORTS
6.1. Old Towne Parking Study Findings and Recommendations.
Receive and file.
Recommended Action:
City Council Agenda April 11, 2023
Staff Report
Study Area Map
Existing Parking Demand Chart
Staff Report Authorizing Parking Study, August 2021
Old Towne Parking Study
Attachments:
6.2. Parameters for Naming the Pocket Park at Well 28.
Provide direction to staff regarding naming parameters for the future Pocket Park at Well 28.
Recommended Action:
Staff ReportAttachments:
6.3. A Resolution delegating authority to the City Manager to make technical changes and other non -substantive edits to the 2021-2029 Housing Element that may result from the California Department of Housing and Community Development review, in a form approved by the City Attorney, for final certification of the Housing Element, without further City Council consideration or re -adoption of the 2021-2029 Housing Element.
Adopt Resolution No. 11448. A Resolution of the City Council of the City of Orange granting the City Manager the authority to make specified changes to the 2021-2029 adopted Housing Element.
Recommended Action:
Staff Report
Resolution No. 11448
Attachments:
7. REPORTS FROM CITY MANAGER
8. LEGAL AFFAIRS
8.1. Introduction and First Reading of Ordinance No. 05-23 authorizing updates to the informal bid limits set forth in the Orange Municipal Code.
Introduce and conduct First Reading of Ordinance No. 05-23. An Ordinance of the City Council of the City of Orange amending Chapter 3.08 of the Orange Municipal Code to update Uniform Public Construction Cost Accounting Act references to conform to current law.
Recommended Action:
Staff Report
Ordinance No. 05-23 - CLEAN
Ordinance No. 05-23 - REDLINED
Attachments:
City Council Agenda April 11, 2023
9. PUBLIC HEARINGS
9.1. Public Hearing to consider Appeal No. 0562-23, Street Lights Mixed -Use Apartment Development, 840 The City Drive South, including adoption of Mitigated Negative Declaration (MND) No. 1875-21 and associated Mitigation Monitoring and Reporting Program.
The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the action that was appealed. Staff will return to the Council at a subsequent meeting with a Resolution reflecting the action taken.
Recommended Action:
Staff Report
Attachment 1 Appeal Application No. 0562-23 from Adam Frankel, Lozeau Drury LLP on behalf of SAFER
Attachment 2 Responses to Appellant's Comments
Attachment 3 Vicinity Map
Attachment 4 December 7, 2022 Design Review Committee Staff Report
Attachment 5 December 7, 2022 Design Review Committee Meeting Minutes
Attachment 6 February 23, 2023 Planning Commission Staff Report Attachment 7 Planning Commission Resolution No. PC 33-22 Attachment 8 February 23, 2023 Planning Commission Meeting Draft Minutes
Attachment 9 MND No. 1875-21, Dated November 14, 2022
Attachment 10 MND No. 1875-21 Appendices
Attachment 11 MND No. 1875-21 Mitigation Monitoring and Reporting Program, Dated January 26, 2023
Attachment 12 Letters Received from Responsible Agencies and Responses to Comments for MND No. 1875-21
Attachment 13 Project Plans, Dated January 27, 2023
Attachments:
10. ADJOURNMENT
The City Council will adjourn to a meeting on Tuesday, April 18, 2023 at 4:30 p.m. in the Council Chamber.
The next Regular City Council meeting will be held on Tuesday, April 25, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
City Council Agenda April 11, 2023
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: April 6, 2023