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 25, 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 April 25, 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 25, 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. 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 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
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 April 25, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Father Cheeyoon Chun, Holy Family Catholic Church
1.2 PLEDGE OF ALLEGIANCE
Councilmember John Gyllenhammer
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Movies in the Park
Memorial Adjournment in honor of Sergeant First Class Michael Ty Kettenhofen
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. Award of contract to La Rocque Better Roofs, Inc. for park facility roof repairs at three park facility locations: La Veta, Olive, and Santiago Hills Parks and the City owned concession /restroom building located on city property, adjacent to Sycamore Elementary School; Bid No. 22-23.30.
Recommended Action:
City Council Agenda April 25, 2023
Approve the contract to La Rocque Better Roofs, Inc. in the amount of $ 153,546, representing an original bid amount of $ 127,955, plus a 20 percent contingency of $25,591 for the Park Facility Roof Repairs project (20507) and authorize the Mayor and City Clerk to execute on behalf of the City.
Staff Report
Contract - La Rocque Better Roofs Inc.
Attachments:
3.3. Award of Contract to Kormex Construction, Inc. for installation of an irrigation booster pump at El Camino Real Park; Bid No. 22-23.28.
Award the contract to Kormex Construction, Inc. in the amount of $ 69,000, for the Irrigation Booster Pump Replacement and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Irrigation Booster Pump Replacement Contract – (Bid # 22-23.28) Attachments:
3.4. Appropriation of $ 174,564 in Municipal Water District of Orange County Turf Replacement Rebate.
1. Accept into the City ’s revenue budget $174,564 in Turf Replacement Rebate funds from Municipal Water District of Orange County into revenue account 291.7024.48210.20529 Santiago Hills Landscape Maintenance - Expense Reimbursements.
2. Authorize the appropriation of $174,564 into expenditure account 291.7024.51431.20529 Santiago Hills Landscape Maintenance - Landscape Maintenance - City Property.
Recommended Action:
Staff ReportAttachments:
3.5. First Amendment to Agreement No. 6447.4 with the County of Orange for a Lead Forensic Specialist during Fiscal Year 2023-2024.
Approve the First Amendment to Agreement No. 6447.4 with the County of Orange for a Lead Forensic Specialist in the amount of $ 191,257 and authorize the Mayor and the City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment Agreement with the County of Orange
Attachments:
3.6. Agreement with AECOM Technical Services for the creation of Objective Design Standards.
1. Approve the agreement with AECOM Technical Services in the amount of $118,060 Recommended Action:
City Council Agenda April 25, 2023
with a contingency amount of $81,940 for the creation of Objective Design Standards and authorize the Mayor and the City Clerk to execute on behalf of the City.
2. Approve transfer of $200,000 from 550.6011.57670.30143 Other Professional & Consulting - N Tustin Specific Plan to 550.6011.51670.30212 Other Professional & Consulting - Objective Design Standards.
Staff Report
Request for Proposals
Scope and Deliverables with Schedule and Fee Proposal
Professional Services Agreement
Attachments:
3.7. Second Amendment to the Agreement with The HUB OC for on -site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Project.
1. Approve the Second Amendment to the Agreement with The HUB in the amount of $705,600 for services in support of the 517 W. Struck Project and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $705,600 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - Other Prof & Consulting- 517 W. Struck Transit.
Recommended Action:
Staff Report
Second Amendment to the Agreement with The HUB OC
(AGR-7437)
Attachments:
3.8. First Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services relating to litigation defense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al.
1. Approve a First Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $200,000 and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $200,000 from the General Fund unreserved fund balance to expenditure account number 740.0301.51600.00000, Self -Insurance - Liability Fund - Legal Services.
Recommended Action:
Staff Report
First Amendment to Attorney Services Agreement
Attachments:
3.9. Second Amendment to Attorney Services Agreement with Ring Bender LLP to include the provision of specialized legal advice and services relative to state land use and housing laws.
Recommended Action:
City Council Agenda April 25, 2023
1. Approve a Second Amendment to Attorney Services Agreement with Ring Bender LLP in the amount of $20,000 and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $20,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.
Staff Report
2nd Amend - Attorney Services - Ring Bender LLP
Attachments:
3.10. Appropriation of $ 32,200 in designated grant and donation funding received from the California Library Association, California State Library, and Friends of the Orange Public Library.
1. Accept into the City ’s budget $32,200 in grant and donation funds from California Library Association, California State Library, and the Friends of the Orange Public Library into the following revenue account numbers in the General Fund:
$ 2,200 100.2001.45495.30121 - Lunch at the Library Grant $30,000 100.2001.48390.19990 - Friends of the Library
2. Authorize the appropriation of $32,200 in grant and donation funds into the following expenditure account numbers in the General Fund:
$11,000 100.2001.53301.19990 Library Books
$13,500 100.2001.55131.19990 Furniture, Machinery, and Equipment $ 2,500 100.2004.55131.19990 Furniture, Machinery, and Equipment $ 3,000 100.2014.53340.19990 Craft Supplies
$ 2,200 100.2016.53340.30121 Lunch at the Library Grant Recommended Action:
Staff Report
Lunch at the Library Grant Award Letter
Lunch at the Library Grant Claim Form
Attachments:
3.11. Award of Contract to Elecnor Belco Electric, Inc. for Chapman and Hewes Intersection Signing and Striping Modifications; Bid No. 22-23.36, and finding of CEQA exemption.
Approve contract with Elecnor Belco Electric, Inc. in the total amount of $ 129,932, representing an original bid amount of $ 118,120, plus a 10% contingency of $ 11,812, for Chapman and Hewes Intersection Signing and Striping Modifications; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
City Council Agenda April 25, 2023
Staff Report
Bid Abstract.pdf
Location Map.pdf
Contract with Elecnor Belco Electric Inc
Attachments:
3.12. Approval of plans and specifications for D -179; Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project; authorization to advertise Bid No. 22-23.42; and finding of CEQA exemption.
Approve plans and specifications and authorize advertising for bids for the Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project Bid No. 22-23.42; D-179.
Recommended Action:
Staff Report
Location Maps.pdf
Attachments:
3.13. Final Acceptance of Bid No. 21-22.37; SP -4117, Fire Station 2 and 4 Kitchen Remodel; and authorization to file Notice of Completion.
Accept Bid No. 21-22-37; SP-4117, Fire Station 2 and 4 Kitchen Remodel as complete and authorize staff to file Notice of Completion with the County Recorder.
Recommended Action:
Staff Report
Notice of Completion and Acceptance.pdf
Attachments:
3.14. Claims for Damages.
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. Adam Apollo
2. Raida Castro
3. Steve Defazio
4. Vinh Tien Hua
Recommended Action:
Staff ReportAttachments:
3.15. Final Acceptance of Bid No. 21-22.28; SP -4183, Annual Pavement Maintenance at Various Locations Project; and authorization to file Notice of Completion.
Accept Bid No. 21-22.28; SP -4183, Annual Pavement Maintenance at Various Locations 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:
City Council Agenda April 25, 2023
3.16. Second Reading and adoption of 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 .
Ordinance No. 05-23
Adopt Ordinance No. 05-23.
Recommended Action:
Staff Report
Ordinance No. 05-23
Attachments:
3.17. Authorize the increase of purchase order for medical supplies from Life -Assist, Inc.
Approve a $ 50,000 increase to the purchase order to a not -to-exceed amount of $305,000 for medical supplies from Life-Assist, Inc.
Recommended Action:
Staff ReportAttachments:
3.18. Authorize the increase of purchase order for turnout safety gear from Allstar Fire Equipment.
Approve a $ 64,000 increase to the purchase order for a not -to-exceed total of $114,000 for turnout safety gear from Allstar Fire Equipment.
Recommended Action:
Staff ReportAttachments:
3.19. Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) Preliminary Engineer ’s Report for Fiscal Year 2023-2024. Resolution No. 11450.
1. Adopt Resolution No. 11450. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94-1 (Sycamore Crossing ) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2023-2024; setting a time and place for a public hearing to receive public testimony on the foregoing matters and giving preliminary approval of the certified Engineer ’s Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).
2. Declare the intent to levy an annual assessment, and set June 13, 2023, at 6:00 PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the assessment.
Recommended Action:
City Council Agenda April 25, 2023
Staff Report
Resolution No. 11450
Preliminary Engineer's Report for the Annual Levy Assessment Landscape Maintenance District No. 94-1 FY 2023-24
Attachments:
3.20. Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) Preliminary Engineer ’s Report for Fiscal Year 2023-2024.
Resolution No. 11449.
1. Adopt Resolution No. 11449. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ), and 15-1 (Santiago Hills Overlay) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2023-2024; setting a time and place for a public hearing to receive public testimony on the foregoing matters; and giving preliminary approval of the certified Engineer ’s Report for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).
2. Declare the intent to levy an annual assessment, and set June 13, 2023, at 6:00 PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the assessments.
Recommended Action:
Staff Report
Resolution No. 11449
Preliminary Engineer's Report LMD 86-2 FY 2023-24
Preliminary Engineer's Report LMD 15-1 FY 2023-24
Attachments:
3.21. Authorization to apply for a grant under the Orange County Transportation Authority’s Measure M 2 Environmental Cleanup Tier 1 Program. Resolution No . 11447.
Adopt Resolution No. 11447. A Resolution of the City Council of the City of Orange authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for the installation of a Hydrodynamic Separator and Connector Pipe Screens.
Recommended Action:
Staff Report
Resolution No. 11447.pdf
Attachments:
City Council Agenda April 25, 2023
3.22. Agreement with County of Orange for the allocation of County of Orange State and Local Fiscal Recovery Funds (SLFRF) program funding of $ 225,000 for the Plaza Park Safety Enhancements and repairs to the Plaza Park historic fountain.
1. Accept into the City ’s revenue budget a $225,000 State and Local Fiscal Recovery Fund (SLFRF) grant from the County of Orange into revenue account number 500.5032.45150.16302, Capital Projects - Minor Traffic Control Devices.
2. Authorize the appropriation of $225,000 into the expenditure account 500.5032.56100.16302, Capital Projects - Minor Traffic Control Devices.
Recommended Action:
Staff Report
ARPA Funding Beneficiary Agreement
Attachments:
3.23. Resolution No. 11451 - A resolution of the City Council of the City of Orange rescinding Resolution No. 11392 regarding a Level 2 water supply shortage.
Adopt Resolution No. 11451- A resolution of the City Council of the City of Orange rescinding resolution No. 11392 regarding a Level 2 water supply shortage.
Recommended Action:
Staff Report
Resolution No. 11451
Executive Order N-5-23
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. Authorization for Citywide Forensic Audit (Barrios)
7. ADMINISTRATIVE REPORTS
7.1. Cooperative Agreement with the City of Anaheim for planning and development of the OC River Walk Project.
Approve agreement with the City of Anaheim for the planning and development of the OC River Walk Project and authorize the City Manager to execute the Agreement on behalf of the City and to take all actions necessary to implement and administer the Agreement.
Recommended Action:
City Council Agenda April 25, 2023
Staff Report
Cooperative Agreement
Attachments:
8. REPORTS FROM CITY MANAGER
11. ADJOURNMENT
The City Council will adjourn to a meeting on Sunday, May 7, 2023, with Closed Session beginning at 11:30 a.m.
The next Regular City Council meeting will be held on Tuesday, May 9, 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, April 20, 2023