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
July 11, 2023
4:45 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 July 11, 2023
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. 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 for consideration and posted on the City’s website after the meeting. 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 July 11, 2023
4:45 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 LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) (Two potential cases)
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Two cases 1) Name of Case: Gary Steele v. City of Orange
Orange County Superior Court Case No. 30-2022-01241193
2) Name of Case: Esther Castillo v. City of Orange, et al.
Orange County Superior Court Case No. 30-2022-01284565
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 July 11, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Robert Schorr, Calvary Chapel Old Towne
1.2 PLEDGE OF ALLEGIANCE
Councilmember John Gyllenhammer
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Recognition of outgoing Boards, Commissions, Committees members Proclamation honoring Hight Family
Presentation from Orange County Water District
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. Confirmation of warrant registers dated June 1, 8, 15, 22, and 29, 2023.
Approve as presented.
Recommended Action:
City Council Agenda July 11, 2023
Staff Report
June 1, 2023 Warrant Register
June 8, 2023 Warrant Register
June 15 2023 Warrant Register
June 22 2023 Warrant Register
June 29, 2023 Warrant Register
Attachments:
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on June 27, 2023.
Approve minutes as presented.
Recommended Action:
Staff Report
June 27, 2023, Regular Meeting minutes
Attachments:
3.4. Agreement with the State of California, Department of California Highway Patrol for the Cannabis Tax Fund Grant Program for Fiscal Year 2023-2024. Resolution No. 11479.
1. Approve agreement with the State of California, Department of California Highway Patrol in the amount of $137,099.12 for the Cannabis Tax Fund Grant Program; and authorize the City Manager to execute on behalf of the City.
2. Adopt Resolution No. 11479. A Resolution of the City Council of the City of Orange accepting funds in the amount of $137,099.12 from the State of California Highway Patrol for the Cannabis Tax Fund Grant Program and authorizing the City Manager to execute the grant program Agreement and related documents.
3. Accept into the City ’s revenue budget $137,099.12 in grant funds from the State of California, Department of California Highway Patrol into revenue account number 100.4011.45495.30229 Cannabis Grant.
4. Authorize the appropriation of $137,099.12 into the following expenditure accounts in the General Fund (100) - Cannabis Tax Fund Grant Program (CTFGP):
$40,000 100.4041.50001.30229 Regular Salaries Safety-CTFGP $93,099.12 100.4041.50221.30229 Overtime Safety-CTFGP
$4,000 100.4041.51840.30229 Local Training-CTFGP
Recommended Action:
Staff Report
Resolution No. 11479
CTFGP Agreement No. 12982
Attachments:
3.5. Agreement with Meridian Rapid Defense Group LLC for event protection barriers at various city events at the Plaza.
Approve the agreement with Meridian Rapid Defense Group LLC in the total five -year Recommended Action:
City Council Agenda July 11, 2023
amount of $ 375,000 for event protection barriers at various city events at the plaza; and authorize the Mayor and City Clerk to execute on behalf of the City.
Staff Report
Equipment Rental Agreement
Attachments:
3.6. First Amendment to Consultant Services Agreement with Park Consulting Group, Inc. ( PCG) for Enterprise Land Management System (LMS) Implementation Services.
Approve the First Amendment to the Consultant Services Agreement with Park Consulting Group, Inc. in the amount of $ 85,000, and authorize the Mayor and the City Clerk to execute on the behalf of the City.
Recommended Action:
Staff Report
First Amendment to Consultant Services Agreement with PCG Attachments:
3.7. Second amendment to the agreement with Nieves Landscape, Inc. for trash and debris removal along Santiago Creek.
Approve the second amendment to the agreement with Nieves Landscape, Inc. for the addition of Santiago Creek trash and debris removal services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Location Zone Maps
Second Amendment to the Agreement with Nieves Landscape Attachments:
3.8. Appropriation of $ 28,798.75 in designated continuing education funding received from the Rancho Santiago Community College District.
1. Accept into the City ’s revenue budget $28,798.75 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.
2. Authorize the appropriation of $28,798.75 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.
Recommended Action:
Staff Report
Standard Inter-Agency Instructional Services Agreement AGR-6589 Attachments:
3.9. Appropriation of $10,000.00 in revenue from community partnership donations.
1. Accept into the City ’s Fiscal Year 2022-2023 revenue budget $10,000 in community partnership donations into account 100.7015.48390.20530, General Fund - Recommended Action:
City Council Agenda July 11, 2023
Donations - Special Events 2023 Season.
2. Authorize the appropriation of $10,000 in the following Fiscal Year 2022-2023 expenditure account number 100.1015.51355.20530, General Fund - Special Events 2023 Season.
3. Authorize the carryover of the Fiscal Year 2022-2023 General Fund account balances for the following accounts to Fiscal Year 2023-2024:
$45,534 100.1015.51355.20530 - Special Events 2023 Season $10,000 100.7015.53380.20530 - Other Recreation Supplies Staff ReportAttachments:
3.10. Approval of plans and specification for the Annual Traffic Striping, Pavement Markings, and Raised Pavement Markers Installation project; authorization to advertise for bids; and finding of CEQA exemption.
Approve plans and specification and authorize advertising for Bid No. 23-24.01.
Recommended Action:
Staff ReportAttachments:
3.11. Claims for Damages.
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. Gordon Fraser
2. Alicia Diaz
3. Joseph Lawrence Baca
4. Viola Mounir Bishara Yacoub
5. Beata Russo
6. Jane Park
Recommended Action:
Staff ReportAttachments:
3.12. Award of Contract to U .S. Builders and Consultants Inc ., for the Water Division Bin Storage Project, Bid No. 22-23.24; and finding of CEQA exemption.
Award the contract with U .S. Builders and Consultants, Inc. in the total amount of $581,240, representing an original amount of $ 528,400 plus a 10% contingency of $52,840, for the Water Division Bin Storage Project; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Location Map
Contract with U.S. Builders and Consultants, Inc.
Bid Abstract
Attachments:
City Council Agenda July 11, 2023
3.13. Award of Contract to Elecnor Belco Electric, Inc. for Tustin Avenue /Rose Drive Corridor Regional Traffic Signal Synchronization Program Project - Intersection Improvements, SP-4199; Bid No. 22-23.41.
1. Approve the contract with Elecnor Belco Electric, Inc. in the total amount of $913,837.15, representing an original contract amount of $794,641 and a 15% contingency of $119,196.15, for Tustin Avenue /Rose Drive corridor traffic signal improvements; and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $61,000 in reimbursable expenditures to account number 550.5031.56511.20425 for City of Placentia improvement costs beyond the original project budget.
3. Authorize the appropriation of $15,000 in reimbursable expenditures to account number 550.5031.56512.20425 for City of Tustin improvement costs beyond the original project budget.
Recommended Action:
Staff Report
Location Map
Bid Abstract
Contract with Elecnor Belco Electric, Inc.
Attachments:
3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange Amending Sections 2.60.010 and 2.60.020 of the Orange Municipal Code related to the powers and duties of the Parks Planning and Community Events Commission. Ordinance No. 08-23
Adopt Ordinance No. 08-23.
Recommended Action:
Staff Report
Ordinance No. 08-23
Attachments:
3.15. Authorize purchase of print and audiovisual materials for the Orange Public Library from Baker & Taylor, Inc.
1. Approve purchase order for print and audiovisual materials from Baker & Taylor, Inc. in the amount of $115,000.
2. Authorize the City Manager to approve increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.
Recommended Action:
Staff ReportAttachments:
City Council Agenda July 11, 2023
3.16. Request to close the Orange Public Library & History Center and the El Modena and Taft Branch Libraries for various dates during September - November 2023.
Approve closure of the Orange Public Library facilities to the public as described in the staff report.
Recommended Action:
Staff ReportAttachments:
3.17. Authorize purchase of LUCAS 3 Automatic Chest Compression Device supplies and Ambulance Power Pro and Power Load gurney preventative maintenance services.
Approve an increase of $ 20,000 to a purchase order for medical supplies and service visits from Stryker Medical for the total amount of $52,000 for Fiscal Year 2022-23.
Recommended Action:
Staff ReportAttachments:
3.18. Authorize purchase of asphalt cold mix and washed concrete sand for the Public Works Water Division from Main Street Materials.
Approve an increase of $ 8,000 to a purchase order for asphalt cold mix and washed concrete sand from Main Street Materials for the total amount of $ 37,000 for Fiscal Year 2022-23.
Recommended Action:
Staff ReportAttachments:
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 (Barrios)
6. ADMINISTRATIVE REPORTS
6.1. Legislative advocacy and grant writing update from Townsend Public Affairs.
Receive and file.
Recommended Action:
Staff Report
Townsend Public Affairs Activity Update Memo
Attachments:
City Council Agenda July 11, 2023
6.2. Executive Management and Senior Management employees’ classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11480 and 11481.
1. Adopt Resolution No. 11480. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11410 and all amendments thereto and approving provisions relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees.
2. Adopt Resolution No. 11481. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11476 and amending the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.
Recommended Action:
Staff Report
Resolution No. 11480
Resolution No. 11481
Attachments:
6.3. Award of Contract to Environmental Construction, Inc. for Well No. 28 Equipping Project, Bid No. 22-23.33; increase to the capital improvement project budget; and finding of CEQA exemption.
1. Authorize the appropriation of $1,270,000 to expenditure account number 550.8011.56411.18120, Reimbursable Capital Projects - Well 28 Construction.
2. Approve contract with Environmental Construction, Inc. in the total amount of $8,593,377.65, representing an original amount of $7,812,161.50 plus a 10% contingency of $781,216.15, for Well 28 Equipping Project; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Location Map
Bid Abstract
Contract with ECI
PFAS Treatment Facilities and Program Agreement
SARCCUP Agreement
Attachments:
7. REPORTS FROM CITY MANAGER
8. LEGAL AFFAIRS
8.1. Introduction and First Reading of an ordinance and adoption of an urgency ordinance amending Chapter 2.80 regarding obstruction and interference with enforcement of the Orange Municipal Code and Chapter 5.54 regarding impoundment of items related to sidewalk vending; and adoption of a resolution setting impound fees related to sidewalk vendors.
City Council Agenda July 11, 2023
1. Introduce and conduct First Reading of Ordinance No. 09-23. An Ordinance of the City Council of the City of Orange amending Chapter 2.80 of the Orange Municipal Code regarding obstruction and interference with enforcement of the Orange Municipal Code and Chapter 5.54 regarding impoundment of items related to sidewalk vending.
2. Adopt Ordinance No. 10-23 and the findings of urgency. An Urgency Ordinance of the City Council of the City of Orange amending Chapter 2.80 regarding obstruction and interference with enforcement of the Orange Municipal Code and Chapter 5.54 regarding impoundment of items related to sidewalk vending.
3. Adopt Resolution No. 11482. A Resolution of the City Council of the City of Orange setting the amount of appeal and impoundment fees relating to sidewalk vendors.
Recommended Action:
Staff Report
Ordinance No. 09-23 - REDLINED
Ordinance No. 09-23 - CLEAN
Urgency Ordinance No. 10-23
Resolution No. 11482
Attachments:
8.2. Introduction and First Reading of an ordinance adding Chapter 5.53 to Title 5 of the Orange Municipal Code establishing regulations for mobile vending vehicles on public and private property, and adoption of a resolution setting fees relating to mobile vendors and mobile vending vehicle permits.
1. Introduce and conduct First Reading of Ordinance No. 11-23. An Ordinance of the City Council of the City of Orange adding Chapter 5.53 to Title 5 of the Orange Municipal Code (Business Taxes and Regulations) establishing regulations for mobile vending vehicles on public and private property.
2. Adopt Resolution No. 11483. A Resolution of the City Council of the City of Orange setting the amount of fees relating to mobile vendors and mobile vending vehicle permits.
Recommended Action:
Staff Report
Ordinance No. 11-23
Resolution No. 11483
Attachments:
9. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, July 25, 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
City Council Agenda July 11, 2023
1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.
Date posted: July 6, 2023