Tom Kisela
City Manager
Mike Vigliotta
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
September 12, 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, address, and identify 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 September 12, 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 September 12, 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 LEGAL COUNSEL – EXISTING LITIGATION – ANTICIPATED
LITIGATION
Pursuant to Government Code Section 54956.9(a), (d)(1) & (d)(4) Name of Case: Gloria Johnson, et. al. v. City of Grants Pass United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752; 20-35881 United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL (The reason for holding a closed session is for the purpose of conferring with and /or receiving advice from the City ’s legal counsel and to receive direction from the City Council regarding the possible filing and/or participation in an amicus brief in this case.) b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (One potential case)
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 September 12, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Sister Louise Ann Micek, Sisters of St. Joseph of Orange Justice Center
1.2 PLEDGE OF ALLEGIANCE
Councilmember Jon Dumitru
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing Jeremy Zoch for 11 years of service to Providence St .
Joseph Hospital
Proclamation recognizing September as Service Clubs Month Proclamation recognizing September as Hunger Action Plan 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. Confirmation of warrant registers dated August 2, 3, 10, 16, 17, 24 and 31, 2023.
Recommended Action:
City Council Agenda September 12, 2023
Approve as presented.
Staff Report
August 2 2023 Warrant Writing Register
August 3 2023 Warrant Writing Register
August 10 2023 Warrant Writing Register
August 16 2023 Warrant Writing Register
August 17 2023 Warrant Writing Register
August 24 2023 Warrant Writing Register
August 31 2023 Warrant Writing Register
Attachments:
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on August 22, 2023.
Approve minutes as presented.
Recommended Action:
Staff Report
August 22, 2023, Regular Meeting minutes
Attachments:
3.4. Agreement with Major League Infields, Inc. for maintenance of baseball and softball infields at City parks.
Approve agreement with Major League Infields, Inc. in the amount of $ 211,120; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Maintenance Services Agreement
Attachments:
3.5. Agreement with Orange County Water District (OCWD) for Repair and Maintenance of drainage facilities and adjacent slope stabilization.
1. Approve the Repair and Maintenance Agreement with the Orange County Water District and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the City Manager to execute any future documents related to this action to effect revisions, adjustments, or clarifications of the details and performance of the parties appropriate to further the intended purposes of the Agreement.
Recommended Action:
Staff Report
Repair and Maintenance Agreement with OCWD
Attachments:
3.6. Agreement with the City of Anaheim for Fiscal Year 2021-2022 Urban Areas Security Initiative grant.
Recommended Action:
City Council Agenda September 12, 2023
Approve the agreement with the City of Anaheim for Fiscal Year 2021-2022 Urban Areas Security Initiative grant; and authorize the City Manager to execute on behalf of the City.
Staff Report
FY22 UASI Agreement
Attachments:
3.7. Agreement with the HUB OC for services to those experiencing homelessness, at-risk of homelessness, victims of domestic violence, and other qualifying populations under the HOME Investment Partnerships Program American Rescue Plan.
Approve agreement with The HUB OC in the amount of $ 789,661 for services to those experiencing homelessness, at -risk of homelessness, victims of domestic violence, and other qualifying populations under the HOME Investment Partnerships Program American Rescue Plan; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Subrecipient Agreement with The HUB OC
Attachments:
3.8. First Amendment to Agreement with Kane, Ballmer & Berkman to provide attorney services for affordable housing loans.
1. Approve the appropriation of $30,000 from the Low & Moderate Income Housing Asset Fund (921) unreserved fund balance to expenditure account 921.6041.51670.00000. Estimated fund balance after appropriation is $3,155,000 for Fiscal Year 2024.
2. Approve the Agreement with Kane, Ballmer & Berkman for $30,000 to provide attorney services for affordable housing loans as needed; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Agreement with Kane, Ballmer, Berkmann
Attachments:
3.9. Appropriation of $ 18,024.57 in designated funding received from the State of California Office of Emergency Services.
1. Accept into the City ’s revenue budget an $18,024.57 deposit from the State of California Office of Emergency Services, into revenue account number 100.4011.48210.20131 CALNENA.
2. Authorize the appropriation of $18,024.57 into the following expenditure account numbers for Fiscal Year 2022-2023: $5,090.06 into account number 100.4011.51830.20131, Overnight Training Conference - CALNENA; $2,285 into account number 100.4011.51840.20131, Local Training, Conference - CALNENA; Recommended Action:
City Council Agenda September 12, 2023
and $10,649.51 into account number 100.4012.50002.20131, Regular Salaries - CALNENA.
Staff ReportAttachments:
3.10. Appropriation of $6,396 in revenue from Recreation class programs.
1. Accept into the City ’s Fiscal Year 2023-2024 revenue budget $6,396 in recreation class revenue into account 100.7001.46540.00000, Recreation Classes.
2. Authorize the appropriation of $4,477.20 in the following Fiscal Year 2023-2024 expenditure account number 100.7011.51670.00000, Other Professional and Consulting Services.
Recommended Action:
Staff ReportAttachments:
3.11. Appropriation of $124,320.43 in National Opioid Settlement funds from California’s State-Subdivision Agreements.
1. Accept into the City ’s revenue budget $124,320.43 in National Opioid Settlement funds from California ’s State -Subdivision Agreements, into revenue account number 100.3015.43440.30227, General Fund - Opioid Funds.
2. Authorize the appropriation of $124,320.43 into expenditure account number 125.3015.53510.30227, EMT Transport, Fire /Paramedic Medical Supplies- Opioid Funds.
Recommended Action:
Staff ReportAttachments:
3.12. Appropriation of $ 40,475.58 in State of California Office of Emergency Services funding received.
1. Accept into the City ’s revenue budget $40,475.58 in strike team reimbursement funds from the California Office of Emergency Services, into the revenue account numbers for Cal-OES reimbursements as specified in Section 6 of the staff report.
2. Authorize the appropriation of $37,762.98 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.
3. Authorize the appropriation of $1,908.60 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.
4. Authorize the appropriation of $804.00 into the expenditure account numbers for Motor Vehicle Replacement as specified in Section 6 of the staff report.
Recommended Action:
Staff ReportAttachments:
3.13. Claims for Damages.
Deny the following claims and refer to City Attorney and Claims Adjuster:
Recommended Action:
City Council Agenda September 12, 2023
1. John Samy Farag
2. Colleen Phillips
3. Elie Sayegh
4. Gloria Azucena Ac Caal
5. Michael Loomis
6. David Castanon
Staff ReportAttachments:
3.14. Award of Contract to Superior Pavement Markings, Inc. for the Annual Traffic Striping, Pavement Markings, and Raised Pavement Markers Installation project; Bid No. 23-24.01.
Approve a contract with Superior Pavement Markings, Inc. for an initial term of three years in the amount of $ 498,105 for the Annual Traffic Striping, Pavement Markings, and Raised Pavement Markers Installation Project; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Contract
Attachments:
3.15. Award of Contract to Pavement Coatings Co. for Annual Slurry Seal at Various Locations, FY 23-24; Bid No. 23-24.03.
Approve the contract with Pavement Coatings Co. in the amount of $ 680,350, representing an original amount of $ 618,500, plus a 10% contingency of $ 61,850, for Annual Slurry Seal at Various Locations, FY 23-24; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Location Maps
Contract with Pavement Coatings Co.
Attachments:
3.16. Authorize purchase of furniture, fixtures, and site furnishings from Interior Office Solutions, Inc. dba People Space.
1. Approve the purchase of furniture from Interior Office Solutions, Inc. dba People Space in the amount of $450,000.
2. Approve the purchase of cabling services from Mark IV Communications Inc. in the amount of $30,000.
3. Authorize the appropriation of $250,000 from AB 3229/COPS Supplemental Law Enforcement Services (354) unreserved fund balance to expenditure account number 354.4011.55131.00000, AB 3229/COPS Supplemental Law Enforcement Recommended Action:
City Council Agenda September 12, 2023
Services - Furniture, Machinery, Equipment Additions.
4. Authorize the appropriation of $30,000 from Police Facility Fees (570) unreserved fund balance to expenditure account number 570.4011.51401, Repairs to Building and Fixed Equipment.
Staff Report
OMNIA Partners Contract No. 2020000606
Attachments:
3.17. Authorize the purchase of two ambulances for the Orange Fire Department through a Cooperative Purchasing Agreement.
Approve the purchase of two Type 1 Ambulances from Southwest Ambulance Sales for $569,369.
Recommended Action:
Staff Report
HGAC Purchasing Contract No. AM10-20
Attachments:
3.18. Declare the property located on the south side of 2045 East Palmyra Avenue as surplus to the City ’s needs, authorize the disposal of the property, and finding of CEQA exemption. Resolution No. 11491.
Adopt Resolution No. 11491. A Resolution of the City Council of the City of Orange declaring that certain City -owned real property located on the south side of 2045 East Palmyra Avenue in the City of Orange is exempt surplus land pursuant to Government Code Section 54221 and finding that the foregoing action is exempt from review under the California Environmental Quality Act.
Recommended Action:
Staff Report
Resolution No. 11491
Location Map
Aerial Photo
Attachments:
3.19. Adoption of Resolution 11492 resetting the time of the Planning Commission regular meetings.
Adopt Resolution No. 11492. A Resolution of the City Council of the City of Orange Rescinding Resolution No. 11466 and re -establishing the number of members, qualifications for membership, purpose, compensation and meeting information for specified City Boards, Committees and Commissions with a change in the meeting time for Planning Commission from 7:00 p.m. to 5:30 p.m.
Recommended Action:
Staff Report
Resolution No. 11492
Attachments:
City Council Agenda September 12, 2023
3.20. Memorandum of Understanding between the City of Orange and the City of Orange Police Management Association. Resolution No. 11493.
Adopt Resolution No. 11493. A Resolution of the City Council of the City of Orange repealing Resolution No. 11273 and amendments thereto approving the Memorandum of Understanding between the City of Orange and the City of Orange Police Management Association bargaining unit concerning wages, hours, and other terms and conditions of employment effective July 1, 2023, through June 30, 2026.
Recommended Action:
Staff Report
Resolution No. 11493
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. La Veta Monterey Condominiums Update (Dumitru)
5.2. Highlight Local Business (Gutierrez)
6. AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code Section 53232.3(d) on meetings and conferences attended at the City's expense.
7. ADMINISTRATIVE REPORTS
7.1. Recommendations for the name of the Pocket Park at Well 28.
Provide direction to staff regarding the name of the future Pocket Park at Well 28.
Recommended Action:
Staff ReportAttachments:
7.2. Implementation of permit parking on both sides on Greengrove Street from Meats Avenue to the southern terminus and both sides of Del Mar Avenue from Cambridge to Greengrove Streets. Resolution No. 11488.
1. Approve permit parking on both sides on Greengrove Street from Meats Avenue to the southern terminus and both sides of Del Mar Avenue from Cambridge to Greengrove Streets.
2. Adopt Resolution No. 11488. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the Recommended Action:
City Council Agenda September 12, 2023
City of Orange.
Staff Report
NPPP Policy, August 2022
Resolution No. 11488
Area Map
June 14, 2023, CTC Staff Report
June 14, 2023, CTC Minutes
Notification Letter
Attachments:
7.3. Consideration of Potential Grand Street Parking Lot Preliminary Design Alternatives and Recommendations.
Provide direction to staff on presented design options and acknowledge proceeding with finalizing plans and specifications for the construction of the Grand Street Parking Lot.
Recommended Action:
Staff Report
Parking Lot Layout
Attachments:
8. REPORTS FROM CITY MANAGER
8.1. Short Term Rentals Program Update
8.2. Summer Programs Update
9. LEGAL AFFAIRS
9.1. Introduction and First Reading of an ordinance amending Chapter 3.08 of Title 3 of the Orange Municipal Code updating the City ’s purchasing system. Ordinance No. 12-23.
Introduce and conduct First Reading of Ordinance No. 12-23. An Ordinance of the City Council of the City of Orange Amending Sections 3.08.080 and 3.08.410 of the Orange Municipal Code to update City’s Purchasing System.
Recommended Action:
Staff Report
Ordinance No. 12-23 - CLEAN
Ordinance No. 12-23 - REDLINED
Attachments:
City Council Agenda September 12, 2023
9.2. Introduction and First Reading of an ordinance adding Chapter 2.62 to Title 2 of the Orange Municipal Code, and establishing the Santiago Creek Commission; and finding of CEQA exemption. Ordinance No. 13-23.
Introduce and conduct First Reading of Ordinance No. 13-23. An Ordinance of the City Council of the City of Orange adding Chapter 2.62 to Title 2 of the Orange Municipal Code (Administration and Personnel) establishing a new advisory commission regarding Santiago Creek.
Recommended Action:
Staff Report
Ordinance No. 13-23
Attachments:
10. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, September 26, 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: September 7, 2023