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
May 14, 2024
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 May 14, 2024
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 May 14, 2024
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 Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (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 May 14, 2024
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Nathaniel Sevilla, Orange Seventh-day Adventist
1.2 PLEDGE OF ALLEGIANCE
Mayor pro tem Arianna Barrios
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
El Modena High School Student Liaison Emma Hoffman Final School Year Update and Certificate of Appreciation
Orange High School Student Liaison Nancy Albeno Final School Year Update and Certificate of Appreciation
Proclamation Recognizing El Modena High School Cheer and Pom Teams as 2023-2024 Regional, State, and National Champions
Bomberos Querétaro Partnership with the City of Orange Presentation Chamber of Commerce May Parade Awards
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:
City Council Agenda May 14, 2024
Staff ReportAttachments:
3.2. Confirmation of warrant registers dated April 4, 11, 18, and 25, 2024.
Approve as presented.
Recommended Action:
Staff Report
April 04, 2024 Warrant Writing Register
April 11, 2024 Warrant Writing Register
April 18, 2024 Warrant Writing Register
April 25, 2024 Warrant Writing Register
Attachments:
3.3. Approval of minutes of the City of Orange City Council Special Meeting held on April 16, 2024; and Regular Meeting held on April 23, 2024.
Approve minutes as presented.
Recommended Action:
Staff Report
April 16, 2024, Special Meeting minutes
April 23, 2024, Regular Meeting minutes
Attachments:
3.4. Agreement with California Forensic Phlebotomy, Inc. for evidence collection services through June 30, 2026.
Approve the two -year agreement with California Forensic Phlebotomy, Inc. in the amount of $ 140,000 for evidence collection services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Agreement with CFP
Attachments:
3.5. Agreement with Prado Family Shooting Range for range services through June 30, 2026.
Approve the two -year agreement with Prado Family Shooting Range in the amount of $34,000 for range services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Agreement with Prado
Attachments:
City Council Agenda May 14, 2024
3.6. Award of Contract to Tess Electric, Inc. for Well 9 Electrical Improvements; and finding of CEQA exemption.
1. Award contract to Tess Electric, Inc. in the amount of $62,019 representing an original bid amount of $56,381, plus a 10% contingency of $5,638 for Well 9 Electrical Improvements; and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities).
Recommended Action:
Staff Report
Contract with Tess Electric, Inc.
Tess Electric, Inc. Proposal
Attachments:
3.7. Award of Contract to Interior Demolition, Inc. for Old Fire Station Headquarters Demolition; Bid No. 23-24.30 (SP-4282).
1. Authorize the appropriation of $90,000 from Merged 2008 Tax Exempt Bonds (954) unreserved fund balance to:
954.5011.56015.30165 Grand Street Parking Lot Improvement
2. Approve the contract with Interior Demolition, Inc. in the total amount of $783,602, representing an original bid amount of $746,288, plus a 5% contingency of $37,314 for Old Fire Station Headquarters Demolition; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Location Map
Contract with Interior Demolition, Inc.
Attachments:
3.8. Notice of Completion and Acceptance for Community Development Block Grant Fiscal Year 2023-2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project (Bid No. 23-24.18; SP-4269).
1. Accept the Community Development Block Grant Fiscal Year 2023-2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project as complete.
2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.
Recommended Action:
Staff Report
Notice of Completion and Acceptance
Attachments:
City Council Agenda May 14, 2024
3.9. Notice of Completion and Acceptance for Lomita Neighborhood Street Improvement Project (Bid No. 23-24.04; SP-4220).
1. Accept Lomita Neighborhood Street Improvement Project as complete.
2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.
Recommended Action:
Staff Report
Notice of Completion and Acceptance
Attachments:
3.10. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various Sections in Titles 3 and 5 of the Orange Municipal Code to delete outdated language, update references to conform with current law and Code provisions and achieve internal consistency. Ordinance No. 07-24.
Adopt Ordinance No. 07-24.
Recommended Action:
Staff Report
Ordinance No. 07-24
Attachments:
3.11. Authorize purchase of Winchester law enforcement ammunition from Dooley Enterprises, Inc. as a sole source vendor.
Approve the sole source purchase of ammunition from Dooley Enterprises, Inc. for $153,000.
Recommended Action:
Staff ReportAttachments:
3.12. Authorize purchase of audio -visual equipment from Western Audio Visual as a single source vendor.
Approve the purchase of audio -visual equipment from Western Audio Visual for a total amount of $42,749.58.
Recommended Action:
Staff Report
Western Audio Visual quote for speaker replacement
Western Audio Visual quote projector replacement
Western Audio Visual quote for camera addition
Attachments:
City Council Agenda May 14, 2024
3.13. Accept the annual Assembly Bill No. 481 Military Equipment Report, review and affirm Ordinance No. 03-22, and adopt the newly revised Military Equipment policy for the acquisition and use of military equipment by the Orange Police Department.
Consider and accept the annual Military Equipment Report, review, and affirm Ordinance No. 03-22, implement policy revision recommendations, and adopt the newly revised policy in accordance with Government Code § 7071.
Recommended Action:
Staff Report
Ordinance No. 03-22
Orange Police Department Policy 706, Updated 4-2024
2024 Annual Military Equipment Report
Attachments:
3.14. Authorization to apply for a grant under the Orange County Transportation Authority’s Measure M 2 Environmental Cleanup Tier 1 Program. Resolution No . 11547.
Adopt Resolution No. 11547. 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. 11547
Attachments:
3.15. Approval of the Fiscal Year 2024-2025 Pavement Management Program budget to incorporate a list of eight streets to be funded by The Road Repair and Accountability Act of 2017 (Senate Bill 1) and appropriate Road Maintenance and Rehabilitation Account funding. Resolution No. 11548.
Adopt Resolution No. 11548. A Resolution of the City Council of the City of Orange approving the Fiscal Year 2024-2025 Pavement Management Program budget to incorporate a list of eight streets to be funded by Senate Bill 1: The Road Repair Accountability Act of 2017 and Appropriate Road Maintenance and Rehabilitation Account (RMRA) Funding.
Recommended Action:
Staff Report
Resolution No. 11548
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
City Council Agenda May 14, 2024
5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .
Pursuant to Government Code Section 54954.2(a)(3), no action (s) or discussion (s) shall be undertaken on any item not appearing on the posted agenda.
5.1. 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. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7.1. Appointment to the Community Development Block Grant Program Committee.
Confirm Mayor Slater ’s recommendation to appoint Pat Buttress to the Community Development Block Grant Program Committee to fill an unexpired term ending on June 30, 2025.
Recommended Action:
Staff ReportAttachments:
7.2. Resignation of Dave Simpson from the Planning Commission.
Accept the resignation of Commissioner Simpson; and direct the City Clerk to post a Notice of Vacancy, pursuant to the Maddy Act.
Recommended Action:
Staff Report
Letter of Resignation
Attachments:
8. ADMINISTRATIVE REPORTS
8.1. Receive and file the Citywide Sustainability Plan developed in collaboration with Chapman University ’s Environmental Science and Policy Division and the community established Orange Sustainability Group.
Receive and file.
Recommended Action:
Staff Report
Citywide Sustainability Plan
Attachments:
8.2. Operating Agreement with The HUB OC for support services and use of the property located at 517 W. Struck for the HUB Resource Center.
1. Approve the Operating Agreement with The HUB OC to continue supportive Recommended Action:
City Council Agenda May 14, 2024
services and use of the property located at 517 W. Struck in the amount not to exceed $2,970,000 and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $3,000,000 from the SB 2-Building Homes & Jobs Act (312) fund unreserved fund balance to:
312.9660.51670.30206 State Grant Funding HRC
Staff Report
Operating Agreement with The HUB OC
Attachments:
8.3. Consideration of Resolutions pertaining to the November 5, 2024, General Municipal Election.
1. Adopt Resolution No. 11545. A Resolution of the City Council of the City of Orange calling and giving notice of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and for the submission to the voters a question relating to the adoption of a proposed ordinance amending Chapter 8.13 of the Orange Municipal Code to permit the sale, possession, and use of safe and sane fireworks in the City of Orange.
2. Adopt Resolution No. 11544. A Resolution of the City Council of the City of Orange requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to Elections Code Section 10403.
3. Adopt Resolution No. 11543. A Resolution of the City Council of the City of Orange adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.
4. Adopt Resolution No. 11542 authorizing one or more members of the City Council to file written arguments In Favor or Against the Measure. A Resolution of the City Council of the City of Orange setting priorities for filing written arguments regarding a city measure pertaining to fireworks and directing the City Attorney to prepare an impartial analysis for the measure to be submitted to the voters at the General Municipal Election to be held on Tuesday, November 5, 2024.
5. Adopt Resolution No. 11546. A Resolution of the City Council of the City of Orange providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections.
Recommended Action:
Staff Report
Resolution No. 11545
Resolution No. 11544
Resolution No. 11543
Resolution No. 11542
Resolution No. 11546
Attachments:
City Council Agenda May 14, 2024
8.4. First Amendment to Cooperative Agreement with City of Anaheim for funding, design and construction of the Orangewood Avenue Bridge Widening over the Santa Ana River and a new City of Orange water transmission main along Orangewood Avenue.
1. Authorize the appropriation of $600,000 from the Water (600) unreserved fund balance to:
600.8041.56451.18400 Pipeline Renewal Project
2. Approve the First Amendment with the City of Anaheim in the amount of $3,096,673 for construction of the 16” water main on Orangewood Avenue from State College Blvd. to Eckhoff Street; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to Cooperative Agreement with City of Anaheim Attachments:
8.5. Annual Comprehensive Financial Report and Related Financial Reports for the Fiscal Year ended June 30, 2023.
Receive and file the following documents for the fiscal year ended June 30, 2023:
1. Annual Comprehensive Financial Report
2. Audit Communication Letter
3. Independent Accountants’ Report on Agreed -Upon Procedures Applied to the Appropriations Limit Worksheets
4. Independent Accountants’ Report on Agreed -Upon Procedures Applied to the Investment Portfolio
5. Air Pollution Reduction Fund Financial Statements and Independent Auditors ’ Report
6. Independent Auditors’ Report on Internal Control Over Financial Reporting
7. Housing Successor Fund Financial Statements
8. Single Audit of Federally Assisted Grant Programs
Recommended Action:
City Council Agenda May 14, 2024
Staff Report
1. City of Orange Annual Comprehensive Financial Report and Summary of Audit Results
2. Audit Communication Letter
3. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets
4. Independent Accountants’ Report on Agreed-Upon Procedures Applied to Investment Portfolio
5. Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report
6. Independent Auditors’ Report on Internal Control Over Financial Reporting
7. Housing Successor Fund Financial Statements
8. Single Audit of Federally Assisted Grant Programs
Attachments:
8.6. Introduction and First Reading of Ordinance Nos. 08-24 and 09-24 amending Chapter 2.10 of Title 2 of the Orange Municipal Code relating to campaign contribution limits and contributions from committees. (Continued from April 23, 2024)
1. Introduce and conduct First Reading of Ordinance No. 08-24. An Ordinance of the City Council of the City of Orange amending Section 2.10.050 of the Orange Municipal Code to increase campaign contribution limits.
2. Introduce and conduct First Reading of Ordinance No. 09-24. An Ordinance of the City Council of the City of Orange amending Section 2.10.090 of the Orange Municipal Code removing prohibition on transfer of contributions from candidate controlled committees to city candidate committees and committee controlled by City candidate or elected officer making a contribution to another committee supporting or opposing a City candidate for office.
Recommended Action:
Staff Report
Ordinance No. 08-24
Ordinance No. 08-24 - Redline
Ordinance No. 09-24
Ordinance No. 09-24 - Redline
Attachments:
8.7. Fiscal Year 2024-2025 General Fund Budget Balancing Proposal.
Provide direction on the proposed budget reduction (s) to be included in the Fiscal Year 2024-2025 budget.
Recommended Action:
City Council Agenda May 14, 2024
Staff Report
Attachment A - FY25 Proposed Revenue Enhancements
Attachment B - FY25 Proposed Expenditure Reductions
Attachment C - FY25 Commissions/Committees
Attachments:
9. REPORTS FROM CITY MANAGER
10. LEGAL AFFAIRS
10.1. Introduction and First Reading of Ordinance No. 11-24 relating to a Candidate Filing Fee.
Introduce and conduct First Reading of Ordinance No. 11-24. An Ordinance of the City Council of the City of Orange adding Chapter 2.13 to the Orange Municipal Code relating to a Candidate Filing Fee.
Recommended Action:
Staff Report
Ordinance No. 11-24
Attachments:
11. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, May 28, 2024, 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: May 9, 2024